E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 112 CONGRESS, SECOND SESSION

Vol. 158 WASHINGTON, FRIDAY, FEBRUARY 17, 2012 No. 27 House of Representatives The House met at 9 a.m. and was The SPEAKER. Pursuant to clause 8, Over the past year, House Repub- called to order by the Speaker. rule XX, further proceedings on this licans have passed dozens of pieces of f question will be postponed. legislation that promote job creation The point of no quorum is considered and allow small business owners to PRAYER withdrawn. gain the confidence to begin hiring The Chaplain, the Reverend Patrick f again. I urge my colleagues in the lib- J. Conroy, offered the following prayer: eral-controlled Senate and the Presi- PLEDGE OF ALLEGIANCE Almighty God of the universe, we dent to support these initiatives and give You thanks for giving us another The SPEAKER. Will the gentleman help put American families back to day. from Pennsylvania (Mr. ALTMIRE) come work. We pray for the gift of wisdom to all forward and lead the House in the In conclusion, God bless our troops, with great responsibility in this House Pledge of Allegiance. and we will never forget September the for the leadership of our Nation. Mr. ALTMIRE led the Pledge of Alle- 11th in the global war on terrorism. May all the Members have the vision giance as follows: f of a world where respect and under- I pledge allegiance to the Flag of the standing are the marks of civility and United States of America, and to the Repub- NO BUDGET, NO PAY where honor and integrity are the lic for which it stands, one nation under God, (Mr. ALTMIRE asked and was given indivisible, with liberty and justice for all. marks of one’s character. permission to address the House for 1 As Members take time in the coming f minute.) week for constituency visits, give them ANNOUNCEMENT BY THE SPEAKER Mr. ALTMIRE. Every year around the ability to hear the voices of all in The SPEAKER. The Chair will enter- this time, the President submits a their districts so that when they re- budget, the House and Senate debate turn, they are focused on the impor- tain up to five requests for 1-minute speeches from each side of the aisle. their own budgets and, well, nothing tant work to be done. happens. Congress has not adopted a Bless us this day and every day, and f budget in over 1,000 days, and it’s been may all that is done within these hal- THE PRESIDENT’S POLICIES ARE 15 years since Congress passed all of its lowed Halls be for Your greater honor FAILING SMALL BUSINESS OWN- appropriations bills on time. This is and glory. ERS Amen. simply unacceptable, and that’s why I (Mr. WILSON of South Carolina ask my colleagues to join me and the f asked and was given permission to ad- bipartisan cosponsors of the No Budg- THE JOURNAL dress the House for 1 minute and to re- et, No Pay Act. The SPEAKER. The Chair has exam- vise and extend his remarks.) This bill is simple. It says that if ined the Journal of the last day’s pro- Mr. WILSON of South Carolina. Mr. Congress can’t complete its work, if ceedings and announces to the House Speaker, earlier this week, a Gallup the budget and appropriations bills are his approval thereof. poll was released which sadly stated not done on time, then congressional Pursuant to clause 1, rule I, the Jour- that 85 percent of small business own- pay would cease and Members of Con- nal stands approved. ers surveyed were not looking for new gress would not be paid until those Mr. PAULSEN. Mr. Speaker, pursu- employees; 66 percent cite the eco- bills are enacted. Members could not ant to clause 1, rule I, I demand a vote nomic recession, 48 percent blame ris- receive their lost salaries retro- on agreeing to the Speaker’s approval ing health care costs due to the govern- actively. Once pay is withheld, it’s of the Journal. ment health care takeover bill, and 46 gone forever. The SPEAKER. The question is on percent are worried about new govern- Somehow, I think if this bill were the Speaker’s approval of the Journal. ment regulations. law, Members would find a new ur- The question was taken; and the These statistics show that the Presi- gency and finally find a way to get Speaker announced that the ayes ap- dent’s policies are failing America’s their work done on time. peared to have it. small business owners. The President f Mr. PAULSEN. Mr. Speaker, I object continues to support policies that are to the vote on the ground that a destroying jobs. According to the Na- INFRINGING UPON RELIGIOUS quorum is not present and make the tional Federation of Independent Busi- RIGHTS point of order that a quorum is not ness, ObamaCare, alone, will destroy (Mr. SAM JOHNSON of Texas asked present. 1.6 million jobs. and was given permission to address

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

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VerDate Mar 15 2010 23:38 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A17FE7.000 H17FEPT1 pwalker on DSK7TPTVN1PROD with HOUSE H906 CONGRESSIONAL RECORD — HOUSE February 17, 2012 the House for 1 minute and to revise hundreds of billions of dollars in cuts would be an effective way to get this and extend his remarks.) to Medicare, it’s clear that President country back on track, not Social Se- Mr. SAM JOHNSON of Texas. I rise Obama’s health care law is bad medi- curity tax cuts. today in support of freedom and lib- cine for America. But the recent ruling f erty, the basic principles our country by the Department of Health and HONORING LOCAL WORLD WAR II was founded upon. It’s a sad day for Human Services is the most egregious HERO JOHN TEMAN America when our President infringes example of Federal intrusion to date. upon our religious rights, a funda- Soon after the ruling was announced, (Mr. PAULSEN asked and was given mental right protected by the First I began hearing from citizens across permission to address the House for 1 Amendment. Michigan’s First District. Letters and minute.) The President announced he will emails came in by the hundreds, with Mr. PAULSEN. Madam Speaker, for make a so-called accommodation on the vast majority in opposition to the most Americans, our busy lives make the ObamaCare rule requiring reli- administration’s position. It is evident it difficult to reflect as often as we giously affiliated organizations to offer from this correspondence that many should upon the incredible sacrifices by insurance plans that cover contracep- northern Michiganders are deservedly those heroes who have answered the tion. upset about the administration’s bla- call to service throughout our Nation’s Even though the President slightly tant attack on our religious freedom history. Today, I would like to take a mo- backtracked his attack on religious enshrined in the First Amendment. ment to honor the service of one such freedom, he did not go far enough. The The opposition to this law is not hero from my home State of Min- new rule still mandates that religious about access to contraception, as my nesota. Minnesota native and World friends on the other side of the aisle organizations with moral objections War II pilot Lieutenant John Teman would have you believe. Women and will be forced to act against their reli- flew missions in all the major battles men can already access contraception gious beliefs. in Europe. He flew through flak on the at very low cost. The debate is over the This is not about health care; it’s night before D-day in strategic spots fact that the administration’s new rule about our rights under the First over Europe behind enemy lines, and he strikes at the fundamental beliefs of Amendment. And this is yet another repeatedly flew missions dropping sup- our democracy. example of why we must repeal plies to the troops trapped at the Bat- The concept that the Federal Govern- ObamaCare in its entirety, adhere to tle of the Bulge. the basic tenets of our Constitution, ment can force people to pay for ac- In recognition of his incredible serv- and stop the administration’s severe tions that violate the teachings of ice, John has been awarded seven overreach. The sooner we repeal their faith goes against two centuries Bronze Stars, three Air Medals, the ObamaCare, the sooner we restore free- of American religious freedom. This ac- Croix de Guerre twice, and on Wednes- dom and liberty to all Americans. tion represents the very government day he received France’s highest rec- f overreach that the Framers of our Na- ognition and honor, the Legion of tion fought against and the reason the Honor. SAME SEX IMMIGRATION Bill of Rights was added to the Con- Madam Speaker, John epitomizes BENEFITS stitution. what it means to be a hero. I’d like to (Mr. WELCH asked and was given Madam Speaker, like most northern thank him for his service and con- permission to address the House for 1 Michigan citizens, I see the right to gratulate him on an honor that’s much minute and to revise and extend his re- practice one’s religion as a funda- deserved. mental liberty, and I intend to fight marks.) f Mr. WELCH. Madam Speaker, I rise this action forever. today to talk about two wonderful f REOPENING AMERICAN CAPITAL Vermonters from Dummerston: MARKETS TO EMERGING GETTING COUNTRY BACK ON GROWTH COMPANIES ACT OF 2011 Frances Herbert and Takako Ueda. TRACK They met in college in Michigan (Mr. CARNEY asked and was given more than 30 years ago. Takako, from (Mr. DEFAZIO asked and was given permission to address the House for 1 Japan, was studying English on a stu- permission to address the House for 1 minute.) dent visa; and after completing school, minute.) Mr. CARNEY. Madam Speaker, I rise Takako returned to Japan but stayed Mr. DEFAZIO. Madam Speaker, well, today to encourage my colleagues to in touch with Frances. Eventually, we’re going to take up legislation support bipartisan legislation to create Takako returned to the U.S., and she which is targeted to fix the reimburse- jobs. In December, Congressman STE- and Frances married. Quite a love ment for doctors, which is absolutely PHEN FINCHER and I introduced H.R. story. essential to Medicare. This threat 3606, the Reopening American Capital Now Frances and Takako face their should go away forever. We should Markets to Emerging Growth Compa- biggest challenge yet. Takako is being make a permanent fix and not pretend nies Act of 2011. threatened with deportation. Frances that we can just keep dragging this on Our legislation will create jobs by and Takako are a same-sex couple. without jeopardizing seniors. making it easier for emerging growth Unemployment, we need to extend Their marriage is recognized in companies to undertake an IPO. On av- that for people who can’t find work. Vermont, but it’s not recognized under erage, 92 percent of a company’s They lost their jobs through no fault of Federal law; and without that recogni- growth occurs after they go public. Un- their own. They can’t find work; we tion, Frances and Takako are not eligi- fortunately, in recent years the num- need to help them out. ble for the same immigration benefits ber of companies going public has fall- But borrowing $100 billion from the as other married couples. en dramatically. This legislation will Social Security trust fund under the Madam Speaker, these are good peo- reduce the cost of going public for premise that the consumer spending ple. They have a good relationship. emerging growth companies by phasing generated will bring about economic They’re good Vermonters. They de- in certain costly regulatory require- recovery and create jobs, that’s the serve better. ments. Larry Summers principle from the Last night, our legislation passed out f stimulus era. Look, that doesn’t work. of the Financial Services Committee b 0910 You want to create jobs, you want to with a bipartisan vote of 54–1. We have borrow $100 billion, let’s borrow $100 worked hard to craft this legislation in HHS RULING billion, finance the transportation bill a way that can pass both the House and (Mr. BENISHEK asked and was given that the Republicans pulled from the the Senate and be signed by the Presi- permission to address the House for 1 floor this week, and put a few million dent. minute.) people to work rebuilding the crum- Please join me in supporting this bi- Mr. BENISHEK. Madam Speaker, bling infrastructure in this country partisan legislation that will create from the 1099 provision, to IPAB, to the with all made-in-America goods. That jobs and grow the economy.

VerDate Mar 15 2010 23:38 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K17FE7.002 H17FEPT1 pwalker on DSK7TPTVN1PROD with HOUSE February 17, 2012 CONGRESSIONAL RECORD — HOUSE H907 MORE VIEWERS NOTE MEDIA BIAS The Clerk read the resolution, as fol- b 0920 (Mr. SMITH of Texas asked and was lows: And we cannot raise taxes on Amer- given permission to address the House H. RES. 554 ican families. By voting for this rule, for 1 minute and to revise and extend Resolved, That upon adoption of this reso- we are signaling it is time to move for- his remarks.) lution it shall be in order to consider the ward, plain and simple. Mr. SMITH of Texas. Madam Speak- conference report to accompany the bill Once again, Madam Speaker, I rise in er, according to a Pew Research Center (H.R. 3630) to provide incentives for the cre- support of this rule. I encourage my survey conducted last month, more ation of jobs, and for other purposes. All colleagues to vote ‘‘yes’’ on the rule, points of order against the conference report viewers feel the national media are bi- and I reserve the balance of my time. and against its consideration are waived. Mr. HASTINGS of Florida. Madam ased than ever before. The survey The conference report shall be considered as found that 67 percent of Americans say read. The previous question shall be consid- Speaker, I yield myself such time as I there is a ‘‘fair amount’’ or a ‘‘great ered as ordered on the conference report to may consume. deal of bias’’ in news coverage. Only 10 its adoption without intervening motion ex- Madam Speaker, I thank my good percent responded that there is ‘‘no cept: (1) one hour of debate; and (2) one mo- friend from South Carolina for yielding bias at all’’ in the national media. tion to recommit if applicable. me time. These percentages show a significant The SPEAKER pro tempore (Mrs. Millions of Americans all across this country are struggling, and they need increase in the number of Americans CAPITO). The gentleman from South who believe that they receive biased Carolina is recognized for 1 hour. our help. What they don’t need is more Republican gamesmanship at their ex- coverage of current events by the na- Mr. SCOTT of South Carolina. pense. The Democrats have literally tional media. The national media owe Madam Speaker, for the purpose of de- forced the Republicans to realize that it to the American people to be honest bate only, I yield the customary 30 they can’t just make policy measures and fair. Americans’ distrust of the na- minutes to the gentleman from Florida that help the rich while taking away tional media will continue to grow (Mr. HASTINGS), pending which I yield from the poor. until the media adhere to the highest myself such time as I may consume. I may support this bill in light of the standards of their profession and pro- During consideration of this resolu- fact that it will give a payroll tax cut vide the American people with facts, tion, all time yielded is for the purpose to 160 million Americans. It also ex- balanced stories, and objective cov- of debate only. tends unemployment insurance to erage of the news. GENERAL LEAVE those Americans who have lost their f Mr. SCOTT of South Carolina. jobs through no fault of their own, and HOUSING CRISIS FACING Madam Speaker, I ask unanimous con- it will allow seniors access to their AMERICANS sent that all Members have 5 legisla- physicians under Medicare. And, as a tive days to revise and extend their re- footnote there, we really should do the (Mr. COSTA asked and was given per- marks. doc fix permanently and stop mission to address the House for 1 The SPEAKER pro tempore. Is there piecemealing and playing games with minute and to revise and extend his re- objection to the request of the gen- this particular measure. marks.) The bill is not perfect, the pay-for is Mr. COSTA. Madam Speaker, I rise tleman from South Carolina? nowhere near perfect, and the length of today to talk about the housing crisis There was no objection. the extension is not perfect, but it does facing Americans. In California’s San Mr. SCOTT of South Carolina. Madam Speaker, House Resolution 554 contain critical provisions that many Joaquin Valley, we know firsthand the Democrats negotiated to keep in the pain the housing crisis has caused our provides for consideration of the con- ference report on H.R. 3630, a bill to ex- bill. While we were able to compromise families and communities as fore- today, I do not think that my Repub- closure rates have continued to hover tend the payroll tax deduction, protect Medicare payments for doctors, and lican friends deserve too much credit. well above the national average. Since they regained the majority, the The $25 billion settlement announced begin responsible reform of the unem- ployment benefits system. American people have seen firsthand last week gives significant relief to their obstructionist policies in action. homeowners; but it’s not the whole- Madam Speaker, I rise today in sup- port of this rule. Today, we are taking In fact, earlier this week, my friends sale, systemic change necessary to put on the right attempted to bring to the our housing market back on solid up legislation that does three things: extend the payroll tax deduction, re- floor a transportation bill so flawed ground. that my former colleague and Trans- Homeowners are tired of waiting for form our unemployment benefits sys- tem, and protect Medicare payments portation Secretary and good friend of meaningful change, and tweaks are not mine, Ray LaHood, stated: enough. Enacting the HOME Act and a for doctors. This is the most partisan transportation homeowner’s bill of rights would go a First, on the bright side, Republicans and Democrats were able to find a com- bill I’ve ever seen, and it is also antisafety. long way toward stabilizing the market It hollows out our number one priority, and leveling the playing field for the promise to pay for two very important which is safety. It’s the worst transportation future. We know it’s essential to get things: much-needed reforms to the un- bill I’ve ever seen during 35 years of public our economy back on track. employment benefits program and pro- service. Restoring economic security starts tecting Medicare payments to the phy- The American people want a govern- with passing meaningful policies that sicians who serve our seniors. ment that understands the challenges rebuild the foundation of our commu- In regard to the payroll tax deduc- they face daily. Republicans want an nities and the American home. After tion, unfortunately our friends on the economy that works great for the all, the American home is the single left did not think it was important to greediest and leaves the neediest out in largest investment that the average pay for the extension. Spending with- the cold. Just ask a teacher in my con- American family makes in their life- out making the proper adjustments is a stituency in Belle Glade or Margate or time. It’s part and parcel of the Amer- notion I am not fond of. My voting a firefighter in Fort Lauderdale or ican Dream and the foundation of record makes no secret of that. This is Pompano Beach and they’ll tell you an America’s middle class. what makes this vote so difficult extra $1,000 in their pockets makes a f today. You cannot always get exactly huge difference in putting food on the what you want; but, today, I applaud table, gas in the car, and being able to CONFERENCE REPORT ON H.R. 3630, both sides for attempting to get fairly stay in their homes. MIDDLE CLASS TAX RELIEF AND close to it. We’ve been forced to strike this com- JOB CREATION ACT OF 2012 We cannot continue to pay unem- promise because, for decades, Repub- Mr. SCOTT of South Carolina. ployment benefits for 99 weeks indefi- licans have pushed policies that favor Madam Speaker, by direction of the nitely. We cannot allow payments to the wealthy. We should not forget that, Committee on Rules, I call up House our doctors to be affected, as that will while we are debating how to pay for Resolution 554 and ask for its imme- only turn around and affect the care this payroll tax cut, unemployment in- diate consideration. available to those in need. surance, and payments to Medicare

VerDate Mar 15 2010 23:38 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K17FE7.004 H17FEPT1 pwalker on DSK7TPTVN1PROD with HOUSE H908 CONGRESSIONAL RECORD — HOUSE February 17, 2012 physicians, our Nation’s massive defi- tribute a larger amount to their retire- ground on the issue of the payroll tax. cits are due in large part to Republican ment accounts. My understanding is But where we will not find common tax cuts for the wealthiest in America. this is a grandfathered measure that ground is on the issue of slicing taxes The fact of the matter is that the will protect the ones that are Federal for the middle class. wealthy have continued to pay less and workers now; but I’m not sure that this My friends on the left, they talk a less taxes. In the 1980s, President Ron- is going to satisfy Members on either good game, but they don’t walk the ald Reagan started to lower tax rates, the right or left, or the Democrats or talk. Because when you look at the na- and then President George Bush Republicans on this measure, since it’s tional health care program, you must slashed capital gains and income tax addressing Federal employees and concede that $500 billion of new taxes is rates for the wealthy to their now his- there were other ways to get to that a bit much for the middle class. You toric lows. $15 billion. must say that the surtax on invest- As I travel throughout the constitu- Federal employees are currently in ment income—another $123 billion to ency that I’m privileged to represent, their second year of a pay freeze, while start 11 months from now—that is a into areas where the unemployment my colleagues across the aisle only a pain for the middle class. It’s a pain for rate in some places in the Glades is 40 few weeks ago voted to freeze Federal the middle class. percent, I ask myself: Who’s actually employees’ pay for a third year. Repub- When I think about the excise tax on benefitting from these tax cuts for the licans don’t think twice about limiting comprehensive health insurance rich? It’s certainly not the police offi- Federal workers’ ability to support plans—$32 billion just a few years cer living in Boynton or the nurse their families but are more than will- away. When I think about the hike on working at the VA hospital or the com- ing to shut down the government when Medicare, another payroll tax—$86 bil- munity health center in West Palm bankers are asked to pay their fair lion of new taxes starting in another 11 Beach. share of taxes on their bonuses. months. My friends on the left, they Madam Speaker, while I’m pleased How much can we continue to pick seem to have this concept that if we that we’ve come to a compromise to on Federal workers? They are not fat just wait a little while, the American extend unemployment insurance, I re- cats. They are postal workers, recep- people will forget who, in fact, is rais- main deeply concerned that this bill tionists, janitors, teachers, nurses, so- ing the taxes on the middle class. reduces benefits from 99 weeks to as cial workers, and police officers, to I would say that my good friend from little as 73 weeks through December. I name a few. They are the fundamental Georgia wants to chime in on the de- hear daily from constituents who are underpinning of this Nation. How much bate, so I’m going to yield, Madam approaching the end of their unemploy- can we continue to pile on their backs? Speaker, 3 minutes to the gentleman ment period and are at a loss as to We’ve already broken their bank ac- from Georgia (Mr. GINGREY). where to turn next. counts. How much weight should the Mr. GINGREY of Georgia. Madam Although the economy may be start- wealthiest American, who can afford it, Speaker, I do rise in support of the ing to recover, what are we supposed to carry? rule. And of course I want to thank my tell those people who have been look- Investing in America is how we are colleague from South Carolina, the ing for a job for months and months on going to create jobs. Let’s build the in- beautiful Lowcountry, for yielding me end? What kind of compromise are they frastructure for the coming era of this time. supposed to strike with unemploy- green energy. Let’s fix our aging high- While I am, Madam Speaker, sup- ment? ways and bridges. Please, let’s ade- porting the rule, I must also inform my The best way to reduce the deficit is quately fund our schools so our chil- colleagues that I will be opposing the to put money into the hands of people dren can get a good education and can underlying conference report. who spend it. This is how we support compete on a global level. Doing these In December, this House passed re- our communities. If we invest more kinds of things today will create a sponsible legislation that afforded a money in Main Street, consumers will brighter America for generations to full-year extension of the payroll tax have more money in their pockets to come. holiday. It provided long-overdue re- spend on putting food on the table, gas With that, Madam Speaker, I reserve forms to unemployment benefits. And in their cars, and, as I said, being able the balance of my time. of course it mitigated the looming 27.4 to stay in their homes. Mr. SCOTT of South Carolina. percent physician-reimbursement cut Every American should have the op- Madam Speaker, my good friend on the for 2 years so that all seniors would portunity to succeed. Opportunity left, Mr. HASTINGS, talks a lot about still have access to medical care. should not be limited by geography, taxes this morning, and that’s probably Most importantly, Madam Speaker, race, gender, or the size of one’s bank an appropriate conversation to have. that fiscally prudent legislation was account. Yet thanks to massive gaps in I will say, however, that as we exam- completely offset. My colleagues un- the Tax Code, the rich get richer and ine the facts around the capital gains derstand that by that we mean it’s paid the poor get poorer. tax, let us not forget that President for with spending cuts. Yet when it The top 1 percent of earners are re- Clinton lowered the capital gains tax came time for the other body to stand sponsible for 20 percent of the Nation’s from 28 percent to 20 percent, accord- with us for the American people, it annual income, up from 10 percent in ing to the American Thinker. But we failed; and it forced us into this 2- 1981. The wealthiest CEOs are paid 400 also have to keep in mind that the month extension. So here we are again. times what the average worker earns. most tax-driven piece of legislation in Madam Speaker, I thought that this Only 30 years ago, it was 20 times as the last 3 or 4 years is, in fact, the approach was wrong then, and I still much. folks on the left and the national believe that it is wrong now. Americans in the highest tax bracket health care reform, a $500 billion in- While I am opposing the conference are supposed to pay 35 percent of their crease of taxes and fees on the middle report, I do need to commend Chair- income in taxes. However, since Presi- class. man CAMP for ensuring that necessary dent Bush slashed the capital gains unemployment insurance reforms rate to 15 percent, the top 400 wealthi- b 0930 stayed in the bill; and I want to also est that we continue to identify, one of Let us not get lost on the fact that commend Chairmen UPTON and WAL- about the top 4,000, for example, pay those on the left continue to find ways DEN for working diligently to include only 15 percent in taxes on 80 percent to tax the middle class. sensible spectrum auction legislation, of their income. As the law is currently When I think about the notion that as well as for their work to make sure written, any wealthy American paying we’re going to have a conversation that seniors—at least through the end the full 35 percent needs to get a new about taxation, it kind of gets me ex- of this year, 10 months—have the abil- accountant. cited. I’m looking forward to this op- ity to see their doctors. In addition to reducing the term of portunity to debate the worthiness of As a physician, I have and I will con- unemployment insurance coverage, the payroll tax deduction and how both tinue to fight for the long-term solu- this bill raises an additional $15 billion sides have come together. This is a tion to eliminate this flawed SGR sys- by requiring Federal employees to con- good thing; we’ve found some common tem once and for all. However, despite

VerDate Mar 15 2010 23:38 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K17FE7.006 H17FEPT1 pwalker on DSK7TPTVN1PROD with HOUSE February 17, 2012 CONGRESSIONAL RECORD — HOUSE H909 these efforts, I cannot and I will not interoperability network and ensure a spending that took place in the 4 years support legislation that extends the path for continued American innova- leading up to our winning the major- payroll tax holiday without paying for tion. However, Madam Speaker, I do ity. That, obviously, didn’t play a role it. This will add $100 billion to the def- have reservations about other ways in getting our economy growing. this package is paid for. icit, and it will create an even greater b 0940 shortfall within the Social Security The second-largest job provider in trust fund that already has over a $100 my district behind the State govern- The reason our economy is growing is billion shortfall just in the last 2 years. ment is the health care sector, employ- that there is a great deal of innovation, And what is it, $2.4 trillion that the ing nearly 30,000 workers. The Medicare creativity, diligence, hard work on the government owes the trust fund that’s bad debt reductions in this bill would part of our fellow Americans, small not there, just IOUs in a file drawer in seriously hamper the health systems in business men and women, working West Virginia. We did the right thing my district. For example, UC Davis Americans who are out there doing it. in December, and I believe that it is a Medical Center would lose $4 million That’s the reason we’re seeing these travesty that we would now reverse over the next few years. positive signs. that course. Additionally, I am greatly dis- Now, if we did have pro-growth eco- So, Madam Speaker, make no mis- appointed by the cuts to the Preven- nomic policies put into place, if we had take, I support tax relief for hard- tion and Public Health Fund—which I those put into place, it’s obvious that working Americans, but by reducing actively worked to get included in the we would not have to rely on an exten- their marginal tax rates. But this leg- Affordable Care Act—as prevention is sion of unemployment benefits. We islation is simply an election-year gim- the best way to improve public health. would not have to look to extending mick that jeopardizes our already-frag- While passage of this bill is critical the payroll tax holiday. ile Social Security system while lit- for America’s middle class, unem- We all know that the payroll tax is erally tricking voters—160 million of ployed, and seniors, I have strong con- designed to specifically go to ensure cerns that it should not be at the ex- them—with the hopes that they believe that people who are retirees are able to pense of our country’s health care and it’s real tax relief. have those benefits. So we are, obvi- The SPEAKER pro tempore. The Federal workforce. ously, undermining that. Mr. SCOTT of South Carolina. time of the gentleman has expired. Now, we all argue, certainly on our Madam Speaker, I yield such time as Mr. SCOTT of South Carolina. I yield side, that increasing taxes for anyone he may consume to the gentleman the gentleman an additional 30 sec- during slow economic times is not ac- from California, Chairman DAVID onds. ceptable policy, and that’s the reason DREIER. Mr. GINGREY of Georgia. I thank that we are doing what it is we’re (Mr. DREIER asked and was given doing, supporting this measure. It’s ob- the gentleman. permission to revise and extend his re- Madam Speaker, we can do better, viously something that is essential be- marks.) cause of the fact that we have not seen and quite frankly, the American people Mr. DREIER. Madam Speaker, I rise the kind of GDP growth rate that we deserve better. It’s time to end all of first to congratulate my good friend can put into place. these games—the smoke and mirrors, from north Charleston, a hardworking That’s why I believe that after we the bait-and-switch, the political member of the Rules Committee, for move beyond this, it is essential for us gamesmanship, all with concern for his stellar management of this rule. to do all that we can to implement the this next election and to the detriment And on the other side, a pretty fair job kinds of policies that will, in fact, spur of this current and future generations. is being done by my friend from Fort the kind of incentive, create the kind For that reason, Madam Speaker, Lauderdale, I have to say. while I support the rule, and I thank Madam Speaker, I will say that I lis- of incentive that our job creators need. the gentleman for yielding, I will be tened to the opening statement of my And there are a wide range of things voting ‘‘heck no’’ against this con- colleague from Fort Lauderdale. As he that we have talked about. We all ference report. talked about the plight of those in know what those are. I hope that we Mr. HASTINGS of Florida. Madam Florida, constituents of his who are can come together in a bipartisan way Speaker, I’m very pleased to yield 2 struggling, I was thinking about the to do just that. minutes to my very good friend from fact that today I deal with in an excess I congratulate my friend, DAVE California, the distinguished gentle- of 14 percent unemployment rate in the CAMP, and the other conferees who woman, Ms. MATSUI, a former member Inland Empire, part of the area that I have come to this agreement. It is ac- of the Rules Committee. represent in southern California. ceptable to some of us. Some of us are Ms. MATSUI. I’d like to thank the When I hear the stories all across not enthusiastic. gentleman for yielding me time. this country of people who are suf- My friend from Marietta, a few min- Madam Speaker, this bipartisan fering, it does resonate. And it leads utes ago, was talking about the pack- agreement will ensure that 160 million me to say, Madam Speaker, Why is it age that existed last December. That Americans will not see a tax increase that we’re here today? Why is it that was good public policy. It ended up not at a time when so many families are we’re here looking at an extension of being good politics. I’ll recognize that. still struggling to make ends meet. The unemployment benefits? Why is it that It was the exception to the rule that payroll tax cut provides American fam- we’re here looking at an extension of good public policy is good politics, be- ilies an average of $1,000 annually to the payroll tax holiday? The reason is cause what it did is that accepted what help pay their bills and for day-to-day that we have an abysmally low, unac- it is we’re doing today, what the Presi- necessities. ceptable gross domestic product dent requested, that we would extend I am also pleased that this agreement growth rate in this country. this package for 1 year rather than just will extend unemployment insurance. We have a GDP growth rate which is 2 months, which is what we had to re- With the unemployment numbers in not acceptable. Yes, we’ve seen some luctantly agree to last December. my district over 12 percent, continued positive signs, and we’re all gratified And I also have to say that, on the unemployment benefits are important about that. I truly believe that the sustained growth rate issue, that is, en- for so many to make ends meet while positive signs that we have seen are in suring that hardworking doctors out still trying to find work. spite of, not because of, anything that there have the adequate compensation Additionally, providing for a Medi- has come from Washington, DC. I for their labors, we need to have major care physician payment fix will ensure mean, years ago we passed a stimulus reform of the SGR structure; and I that seniors have continued access to bill that was supposed to guarantee think that what we have done today is care. But I do urge my colleagues to that we wouldn’t see an unemployment a step in that direction, and I hope continue working for a long-term solu- rate that would exceed 8 percent. We very much that we are going to be able tion to this critical issue. all know what has happened. We’ve to do that. I am supportive of the spectrum pro- seen a great deal of suffering. So, again, I thank all my colleagues visions in this bill, which will finally We’ve looked at the 82 percent in- who’ve been involved in getting us to provide public safety with a nationwide crease in nondefense discretionary where we are. Now that we are going to

VerDate Mar 15 2010 23:38 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K17FE7.008 H17FEPT1 pwalker on DSK7TPTVN1PROD with HOUSE H910 CONGRESSIONAL RECORD — HOUSE February 17, 2012 do this, it’s essential that we move from the Social Security trust fund strongly oppose the cut in DSH funding ahead with very positive pro-growth and we are substituting an IOU that to pay for this package. policies. may or may not ever be repaid. So on As a member of the Health Sub- Mr. HASTINGS of Florida. Madam principle alone, I think we should at committee of Energy and Commerce, Speaker, I am very pleased to yield 2 least shoot straight with the American we fought hard to have DSH in the Af- minutes to my good friend from New people. So I will vote ‘‘no’’ on the un- fordable Health Care Act. And in my Jersey (Mr. PALLONE). derlying bill. home city of New York City, teaching Mr. PALLONE. Madam Speaker, to- On the rule, when we became the ma- hospitals are very important and they day’s payroll tax conference agreement jority, we, the Republicans, we prom- help the people who are poor, and will provide $1,000 in the pockets of ised the American people that we that’s why DSH funding is so impor- more than 160 million Americans and would be more open and more trans- tant. ensure that approximately 3.5 million parent than the previous majority that We’ll always need a safety net for Americans will continue to benefit was headed by Speaker PELOSI; and one hospitals to provide that safety net to from much-needed unemployment in- of our primary promises was that we our most vulnerable citizens, and cut- surance. We’ve also protected seniors’ would give the American people 3 days, ting DSH payments only makes the ability to see their doctors with an or 72 hours, before any bill was voted task harder. This will certainly have a SGR fix through the end of the year. on the House floor. This rule waives harmful effect on my district. I really Despite these critical provisions, that principle. And I know it’s expe- just have to say that. though, this is a difficult vote to take. dient and I know that there is majority But, ultimately, I’ll vote for this I’m greatly disappointed over how support, as you can tell by the debate agreement because, at a time when the these extensions are offset. for both political parties on this bill, Great Recession is finally showing First, the unemployment extension is but I think to go back on a principle to signs of ebbing and the recovery is tak- paid for on the backs of middle class the American people, that what we ing root, we cannot remove $1,000 from Federal workers. These hardworking vote on, especially bills that are very middle class taxpayers’ pockets and ex- men and women continue to be tar- important, should have enough time pect the recovery to continue. geted in this Congress, but yet they are that people can look at what’s in the So I am very glad that we will still not the reason for our Nation’s deficit. bill. I don’t think that’s something have a payroll tax cut. I’m glad that Meanwhile, my Republican colleagues that you compromise for political ex- Democrats have been in the forefront, refuse to require the wealthiest few to pediency. along with the President, of pushing pay their fair share. So I will vote ‘‘no’’ against this rule for this payroll tax cut. Secondly, the SGR fix is being paid for the first time in my career in the We need to do more to help the work- for with critical health care dollars. In House of Representatives as a member ing people and middle class people in fact, the bill slashes one of the most of the majority when a majority rule is this country, not only the rich. The important investments this country up, and I would hope that this is a one- poor, the middle class, the working has ever made in preventative health. time exception that we violate the class people, they’re the ones that need This is extremely shortsighted. We principle that we promised when we be- help, and this bill is helping them cannot continue down that path or came the majority. today. we’ll never address the real cost con- Mr. HASTINGS of Florida. Madam This conference report is also a slap in the cerns of our health care system. And, Speaker, I had hoped that Ms. face to our federal work force. Public workers sadly, the bill also manages to cut VELA´ ZQUEZ or Mr. ENGEL would be serve their country and without them, our from one provider, hospitals and nurs- here, but I’ll say to my friend from country would not be what it is today. Without ing homes, to pay for another, physi- South Carolina: Do you have other their efforts, we would not be the leader in cians. We can’t rob Peter to pay Paul, speakers? medical research. Seniors would not have and our health care system can’t sus- Mr. SCOTT of South Carolina. I do their Social Security benefits processed as tain further provider cuts. Meanwhile, not at this point. quickly. People waiting on their tax return there’s still no permanent solution to Mr. HASTINGS of Florida. All right. would have to wait longer. an ongoing SGR problem that can’t Then I’m in the position of having to Yet, time and again—while asking no sac- continue to be kicked down the road. go forward. I yield myself such time as rifices of large oil companies or the wealthiest I will vote in favor of this bill, but I I may consume. income earners—we are asking the federal do so with reservations. I know that on When the payroll tax cut and unem- work force to bear the brunt of paying for ex- our Democratic side, our conferees ployment insurance renewal came be- tension of unemployment insurance benefits. fought very hard for the best deal that fore the House just 2 months ago, my How can we expect to recruit and retain a they could get. So I think we have to friends on the right refused to renew qualified, effective federal work force if we vote for this bill because it does a lot either provision, while Democrats tried continue to decimate their pay and pensions, of very important things, but I also to avert a tax hike on the middle class. and attack them for serving their country? have to express my reservations. I believe that Republicans would rather But ultimately, I will vote for this agreement Mr. SCOTT of South Carolina. let the payroll tax cut expire and un- because at a time when the Great Recession Madam Speaker, I yield 2 minutes to employment insurance run out than is finally showing signs of ebbing, and the re- the gentleman from Texas, Mr. JOE ask the wealthiest Americans to pay covery is taking root—we cannot remove BARTON. their fair share. $1,000 from middle class taxpayers’ pockets (Mr. BARTON of Texas asked and Madam Speaker, if it’s at all pos- and expect the recovery to continue. was given permission to revise and ex- sible, I’m midway, but I still have the This bill also fully extends unemployment in- tend his remarks.) time and, with your permission, I surance benefits. While I strongly disagree Mr. BARTON of Texas. I want to would like to yield 2 minutes to my with the pay-for, at a time when our country is thank the gentleman from South Caro- colleague from New York (Mr. ENGEL). showing strong signs of recovery, I cannot lina for yielding. Mr. ENGEL. I thank my good friend vote against benefits for those who are still I’ve been in the House, this is my from Florida (Mr. HASTINGS). looking for work. 28th year, 14 years in the minority and Madam Speaker, I rise in support of I urge my colleagues to support this agree- now I’m in my 14th year in the major- the legislation being considered today; ment. ity. I don’t believe I have ever voted however, I really just need to say this against a rule when I was in the major- is not the agreement I would have writ- b 0950 ity, but I’m going to vote against this ten. I’ll just say again, Madam Speaker, one. I’m also going to vote against the I recognize the importance of making that again this body was able to reach underlying bill. sure our physicians don’t receive a 27 a compromise today. The unfortunate I’m not saying anything disparaging percent pay cut, and I have been very, fact is that the Republican Party still about the leadership on both sides of very vocal on the doc fix. I think it’s seeks to implement policies that un- the aisle and the leadership in both something that is warranted, is much fairly favor the wealthy. Let me iden- bodies, but we are taking money away needed, and is fair and equitable, but I tify some of those people.

VerDate Mar 15 2010 23:38 Feb 17, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K17FE7.010 H17FEPT1 pwalker on DSK7TPTVN1PROD with HOUSE February 17, 2012 CONGRESSIONAL RECORD — HOUSE H911 We would have me in the position of The SPEAKER pro tempore. Is there Democrats still control Washington. looking in the mirror. We do better objection to the request of the gen- They control the Senate, and they con- than other people in our society, and tleman from Michigan? trol the White House. Yet utilizing the we ought to pay more in light of that, There was no objection. process that dates back to our Found- not just the top 400, but all of us that Mr. CAMP. Madam Speaker, I yield ing Fathers, House Republicans have are doing better so that we don’t fall myself such time as I may consume. scored significant victories in this con- into that category of not taking care of I come to the floor today in strong ference committee. Our Founding Fa- those who have the greatest needs. support of this conference report as a thers recognized that Washington It is time to stop playing politics result of a lot of long hours, hard work, would not always be united. In their with the livelihoods of those who have and determination on both sides of the wisdom, they knew that even divided been hit the hardest and need our help aisle and both sides of the Capitol. This government must still govern, and the most. I urge my colleagues to vote agreement shows the American people that’s what we’re doing here today, ‘‘no’’ on the rule. that Congress can govern and Wash- governing and providing a solution to I yield back the balance of my time. ington can work. the very real problems Americans are Mr. SCOTT of South Carolina. First and foremost, this legislation facing in their daily lives. Madam Speaker, it is time for us to prevents a tax increase on 160 million I urge my colleagues on both sides of move forward in this debate. The con- Americans. As a conservative, I look at the aisle to join me in supporting this ference committee has done their job the agreement and see some very big legislation, which pays for new spend- and brought us a compromise, which is wins. Chief among them are the most ing with spending cuts, prevents work- exactly what the American people have significant reforms to the Federal un- ing Americans from getting hit with a been asking for from Congress, and employment program since it was cre- tax increase next month, reforms our ated in the 1930s, all designated to pro- that is for us to work together. employment programs, and ensures Supporting the rule for the con- mote reemployment and paychecks in- seniors continue to have access to their ference report signals that we are stead of unemployment and benefit doctors. checks. ready to finish this debate and move on Madam Speaker, I come to the floor today While extending unemployment bene- to the most pressing issue facing our to speak in strong support of this conference fits through the end of the year, this Nation today, and that is creating the report. As a result of a lot of long hours, hard agreement creates a national job- work and determination on both sides of the environment that creates jobs. search standard for the first time, cov- Madam Speaker, I yield back the bal- aisle, and both sides of the Capitol, this agree- ering benefits from beginning to end ance of my time, and I move the pre- ment shows the American people that Con- and requiring every American to look gress can govern and Washington can work. vious question on the resolution. for a job if they receive unemployment The previous question was ordered. As a conservative, I look at the agreement benefits. and see some very big wins. Chief among The resolution was agreed to. The agreement allows States to A motion to reconsider was laid on them are the most significant reforms to Fed- spend unemployment funds on paying eral unemployment programs since they were the table. people to work instead of just sending Mr. CAMP. Madam Speaker, pursu- created in the 1930s, all designed to promote them a check when they are out of reemployment and paychecks instead of un- ant to House Resolution 554, I call up work. It ensures taxpayer funds are the conference report on the bill (H.R. employment and benefit checks. This agree- properly spent by permitting drug test- ment: 3630) to provide incentives for the cre- ing under commonsense rules that help ation of jobs, and for other purposes, Creates a national job search standard for people get ready for a job. It expands the first time, covering benefits from beginning and ask for its immediate consider- work-sharing programs to help avoid ation. to end, and requires every unemployed Amer- layoffs in the first place; and it im- ican to look for a job if they receive unemploy- The Clerk read the title of the bill. proves fiscal responsibility by not only The SPEAKER pro tempore. Pursu- ment benefits; recovering more overpayments, which The agreement allows States to spend un- ant to House Resolution 554, the con- currently total a staggering $12 billion employment funds on paying people to work, ference report is considered read. per year, but also by making sure that instead of just sending them a check while (For conference report and state- this program is fully paid for. they are out of work; ment, see proceedings of the House of And the last item is something I It ensures taxpayer funds are properly spent February 16, 2012, at page H834.) want to focus on for a moment. All by permitting drug testing, under common- The SPEAKER pro tempore. The gen- government spending in this agreement sense rules that help people get ready for a tleman from Michigan (Mr. CAMP) and is fully paid for, and not with one dime job; the gentleman from Michigan (Mr. of higher taxes. All spending on unem- It expands work-sharing programs to help LEVIN) each will control 30 minutes. ployment and health care are fully paid avoid layoffs in the first place; and Mr. HOYER. Madam Speaker, I would for. This is a significant victory for It improves fiscal responsibility by not only inquire of the gentleman from Michi- those of us concerned about the na- recovering more overpayments, which cur- gan (Mr. LEVIN) whether or not he is tional debt and the culture of deficit rently total a staggering $12 billion per year, opposed to the conference report. spending that has gripped Washington but also by making sure that this program is Mr. LEVIN. I support the conference for far too long. fully paid for. report. For example, the unemployment pro- That last item is something I want to focus Mr. HOYER. Madam Speaker, in that gram has added nearly $200 billion to on for a moment. All Government spending in event, I claim the time in opposition to our Nation’s debt over the last 4 years. this agreement is fully paid for—and not with the conference report. No more. We paid for it in December, one dime of higher taxes. All spending on un- The SPEAKER pro tempore. Pursu- we’re paying for it today, and we set a employment and health care is fully paid for. ant to clause 8 of rule XXII, the gen- clear precedent that Congress must This is a significant victory for those of us con- tleman from Michigan (Mr. CAMP), the live within its means, no more spend- cerned about the national debt and the culture gentleman from Michigan (Mr. LEVIN), ing unless its paid for. Period. of deficit spending that has gripped Wash- and the gentleman from Maryland (Mr. Now, I understand this is a com- ington for far too long. HOYER) each will control 20 minutes. promise, and not everyone likes every- For example, the unemployment program The Chair recognizes the gentleman thing in here. If I had my way, the bill has added nearly $200 billion to our Nation’s from Michigan (Mr. CAMP). passed by the House in December would debt over the last 4 years. No more. We paid GENERAL LEAVE be the law. That was the only bill that for it in December, we are paying for it today, Mr. CAMP. Madam Speaker, I ask extended these programs through the and we have set the clear precedent that Con- unanimous consent that all Members end of the year. It was the only bill gress must live within its means. No more have 5 legislative days in which to re- that was fully paid for, and it was the spending unless it is paid for, period. vise and extend their remarks and to only bill that ensured seniors and their Now, I understand this is a compromise and include extraneous material on the doctors were protected from dramatic not everyone likes everything in here. If I had conference report to accompany H.R. cuts for at least 2 years. But we don’t my way, the bill passed by the House in De- 3630. control Washington. cember would be law. That was the only bill

VerDate Mar 15 2010 02:02 Feb 18, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 4634 Sfmt 9920 E:\CR\FM\K17FE7.012 H17FEPT1 pwalker on DSK7TPTVN1PROD with HOUSE H912 CONGRESSIONAL RECORD — HOUSE February 17, 2012 that extended these programs through the end through the rest of the year up to—this families, certainty for unemployed of the year; it was the only bill that was fully is the maximum—up to 89 or 99 weeks workers that a framework is in place paid for; and it was the only bill that ensured through May, up to 79 weeks through for the year, and a real commitment— seniors and their doctors were protected from August, and up to 73 weeks through De- and I emphasize this—by us Democrats dramatic cuts for at least 2 years. cember, depending on the level of un- to aggressively continue to pursue ef- But, we don’t control Washington. Demo- employment. forts to strengthen the economy and crats still control Washington—they control the Let me just say, our chairman has boost job growth so that those hardest Senate and they control the White House. talked about job search and now a re- hit by the recession can return to work Yet, utilizing a process that dates back to quirement that people be looking for as they desperately want to. our Founding Fathers, House Republicans work. That’s already in the law of I just want to reiterate how wrong have scored significant victories in this con- every State. That isn’t a meaningful the Speaker was when he said: ference committee. Our Founding Fathers rec- reform. In terms of job search, every- Let’s be honest. This is an economic relief ognized that Washington would not always be body not only registers, but also, as I package, not a bill that’s going to grow the united. In their wisdom, they knew that even a said, is required to look for work. I find economy and create jobs. divided government must still govern. it an insult to the unemployed of this The opposite is true. The provisions And, that is what we are doing here today— country to say, essentially, that we’re in this bill will help to continue eco- governing and providing a solution to the very simply giving them a check instead of nomic growth, the payroll tax. Most real problems Americans are facing in their a paycheck. economists say that. Unemployment daily lives. If you talk to the unemployed, insurance people spend, and that is not I urge my colleagues on both sides of the through no fault of their own, they are only good for their subsistence but aisle to join me in supporting this legislation looking for work. They had a paycheck good for the economy of our country. which pays for new spending with spending in most cases year after year after For all those reasons, I urge support of cuts; prevents working Americans from getting year. They worked for their unemploy- this conference committee. hit with a tax increase next month; reforms our ment insurance. To simply label this Madam Speaker, I reserve the bal- unemployment programs; and ensures seniors an effort to get people off of unemploy- ance of my time. continue to have access to their doctors. ment insurance—unemployment insur- Mr. HOYER. Madam Speaker, I yield In the Joint Explanatory Statement of the ance is not a welfare program. People myself 5 minutes. Committee of Conference for H.R. 3630, the work for it, and they need that subsist- I have taken the unusual process of description of sec. 7003, Points of Order in the ence as they look for work. claiming time in opposition to this Senate, was erroneously included in the joint The bill that passed through the bill. I have done so so I would have suf- statement. House had a GED requirement. That is ficient time to place in context the bill I reserve the balance of my time. out. To say to people you don’t get a that we’re considering. I do not rise to Mr. LEVIN. I yield myself such time check if you’re not in a GED program necessarily defeat this bill. I’m going as I may consume. when there are 160,000 people in this to vote against this bill. I’m for almost The basic fact is that this legislation country who are on waiting lists for all of this bill. What we are funding is very different from the December education, that’s out of here because it this bill with was unnecessary, unfair, House Republican bill, very different, deserved to be out of here. and ought to be rejected. and any efforts to mask that are faults. In terms of the drug programs, the I want to say at the outset that my That House bill was the main bill be- effort to test people for drugs, it is so friend Mr. CAMP and I had a very posi- fore the conference committee. limited. So it is really masking the re- tive discussion. I believe that Mr. CAMP The basic fact is the conference com- ality to call this major reform. It and I could have reached an agreement, mittee made major changes to the freezes the reimbursement for physi- which would have put me in support of House bill that passed in December es- cians through December. this legislation. We didn’t get there. sentially on a partisan basis. There- Let me just close by saying a few We tried late in the game, and we fore, this legislation is much better for words about the limits on this bill, be- didn’t get there. I regret that. I think the American people. cause there are limits. Mr. CAMP tried. The Speaker said this about this bill: It would have been much better to I know that everybody on my side Let’s be honest. This is an economic relief treat unemployment insurance as an would have supported the agreement package, not a bill that’s going to grow the emergency, as we have for 20 years. that Mr. VAN HOLLEN and I put for- economy and create jobs. This is the highest level of long-term ward. That agreement would say, as That’s not an honest statement. It’s unemployed on record in this country, the current agreement, that the only wrong. This is a bill that relates to the which is another reason not to blame individuals paying for this bill out of economic growth of the United States the unemployed for the unemployment, 315 million Americans are the 2 million of America. We’re recovering, and this as the House bill in December did and civilian workers who work for us, who bill will provide a boost to continue some of the rhetoric on this floor con- work for all of us, who day after day, that recovery. tinues to do. We were not able to ob- week after week, month after month tain this, and I want to say this in make sure that we give services to the b 1000 terms of a precedent. In my judgment, people of the United States, protect the It continues the 2 percent payroll tax it should not serve as a precedent. The United States, ensure that our food is through the calendar year; and it is not precedent is 20 years treating it as an safe, ensure that we have FBI agents offset, as was true of the House Repub- emergency. on the job, make sure that at the De- lican bill in December. It had massive Let me also say, it is deeply unfortu- fense Intelligence Agency we know harmful cuts that would have been nate that some on the other side in- what other people are doing. These are countercyclical and that would have sisted that Federal workers carry a dis- all our civilian employees, highly undermined further economic growth. proportionate share of the cost of this skilled, highly trained, highly edu- In that respect, this is very different. bill, even after there were put forward cated, and, yes, highly motivated. It’s also very different in terms of bipartisan pay-fors that would have Every day they give outstanding serv- unemployment insurance. Let’s be covered the cost of UI. In the bill that ice to the people of the United States. clear about that. The bill that the Re- came through here on a partisan basis We talk here and we pass laws here, publicans passed through the House in December, there would have been an but none of that talk and none of those that was the main bill before the con- impact on Federal employees of $67 bil- laws makes a difference unless some- ference committee would have slashed lion. This bill has a provision that will body implements what we say and the 40 weeks of unemployment insurance apply to pension programs, $15 billion policies that we set. for millions of Americans in every over 10 years compared to the $67 bil- This Congress is on the path to being State regardless of the unemployment lion that was in the bill that the House the most anti-Federal worker Congress rate in that State. This bill essentially Republicans passed. that I’ve served in. I’m going to place changes what was in the House bill. It Let me just say in closing, this argu- that in context for you, which is why I extends unemployment insurance ment provides tax relief to working wanted the time.

VerDate Mar 15 2010 02:02 Feb 18, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\A17FE7.013 H17FEPT1 pwalker on DSK7TPTVN1PROD with HOUSE February 17, 2012 CONGRESSIONAL RECORD — HOUSE H913 b 1010 ber here with me, sat on that commis- And I want to tell you: in terms of re- What is the context we find ourselves sion—the other was Domenici-Rivlin. cruiting and retaining, you will not do in? First of all, we have a very strug- And we’ve had others, including the it. Forty percent of the Federal work- gling economy. The good news is the Gang of Six in the United States Sen- force, ladies and gentlemen, can retire economy is coming back, but not fast ate. And all of them had as a premise in the next 5 years. enough. We need to create more jobs, that we needed to deal with the fiscal The SPEAKER pro tempore. The expand opportunities, and make sure problem that confronts us. And the time of the gentleman has again ex- that the American Dream is alive for other premise was all of us need to con- pired. all working Americans, working Amer- tribute to that solution. All of us. Mr. HOYER. I yield myself 1 addi- icans like our Federal employees, Now what do we see that’s being pro- tional minute. working Americans like the folks at posed in this Congress, partially in this Ladies and gentlemen, you are going GM who have just done very well, bill, but only partially in this bill? We to be able to recruit those folks only if working Americans who work in the have either on the floor proposed or you have a competitive workforce. hardware store, the grocery store, the passed over the last 2 years—listen to Let me give you a figure that you this, ladies and gentlemen—we are gasoline station, hardworking Ameri- might find interesting. There are 33,300 about to cut or propose to cut $134 bil- cans. And we don’t have enough jobs employees at Goldman Sachs. Average lion out of our Federal employees over for them. As a result, we have high un- salary, ladies and gentlemen: $367,057, the next 10 years. Nobody else in this employment. the average salary of 33,300 people. You I congratulate my friend from Michi- bill—not a millionaire, not a billion- won’t be able to compete. You won’t be aire, not a carried-interest beneficiary, gan (Mr. LEVIN) for his leadership in able to get NSA employees, as opposed making sure that the unemployment not an oil company—nobody in this to Siemens or Microsoft or some of provision in this bill is sufficient to try bill, other than Federal employees, is those other corporations, many of asked to pay. to reach those folks and make sure which are in Ms. ESHOO’s district. You I understand we have hospital cuts. they don’t fall off the ledge. We walked won’t be able to recruit them, and you By the way, how do we have $5 billion won’t retain them to have the best and away from them in December. I’m glad of that? Because we just increased by 1 that we’re not walking away from the brightest defending America and year the cut that they know they got. making America the strongest and them today. It’s the same for some other things. No We also have, as all of us know, a greatest country on Earth. Do you individual, other than a Federal em- struggling economy; and, therefore, we want America to be an exceptional ployee, is asked to take a cut in this put into effect giving $1,000 more to country? Then you’d better have the bill. each and every worker. Now, many of best civil service on Earth, as well as The SPEAKER pro tempore. The the best private sector. your leaders did not support this 2 per- time of the gentleman has again ex- cent reduction, and I understand that. The SPEAKER pro tempore. The pired. time of the gentleman has again ex- I won’t go into their names. Some are Mr. HOYER. I yield myself 2 addi- pired. in the Chamber. But the fact of the tional minutes. matter is, it puts an additional $1,000 Now, you will say to me, Oh, it’s fu- Mr. HOYER. I yield myself 1 addi- into average working Americans’ pock- ture Federal employees, so it doesn’t tional minute. ets—people who pay FICA, that is, peo- really matter. That’s $15 billion of the Ladies and gentlemen, I don’t know ple who are making less than $106,000. $134 billion that has been proposed. whether most of you know this. I saw a That’s an important thing for us to do They’ve already paid $60 billion, $60 bil- gentleman from Florida who’s been to try to keep this economy growing. lion. And by the way, your side of the here for a couple of months pontificate I’m for that. I was for it in December. aisle is not going to give them that 0.5 that I didn’t know anything outside of I’m for it in February. I’m glad that percent that the President asked for, the Beltway. we’re going to have consensus on that so that will be $30 billion. So in 3 I was the sponsor of the Federal Em- today. years—Mr. and Mrs. America ought to ployee Pay Comparability Act. And In addition to that, we are playing a know, Madam Speaker—Federal em- George Bush Sr. signed that act, and silly little game with the doctors and ployees will have paid $90 billion in we worked with his OMB to get it. And with Medicare patients; and this silly contributions to help bring this deficit what does it say? Federal employees little game pretends that we’re going down. And by the way, Federal employ- cannot get a raise unless the private to extend SGR for 10 months. That’s ees, as a percentage of our population, sector gets a raise. We’re precluded baloney, and everybody knows it. We’re are down by a third over the last 20 from getting a raise unless the private going to continue to extend SGR over years. It’s not that the bureaucracy sector gets a raise. And what does it and over and over again. We should has grown. Yes, our population has further say? That the private sector— have done it permanently in this bill. grown. We are trying to serve them. which is the economic cost index, by We should have done it last year and in They are down by a third in numbers. the way, in case you want to know ex- the last Congress, the Congress in Now, I know something about Fed- actly what the statistic is—says, we’re which I was the majority leader. We eral employee pay. I represent 60,000 going to take a half a point less. should have done that. Federal employees. And you could say, So what have you done in this bill, The SPEAKER pro tempore. The Well, HOYER is up there defending his unnecessarily? Because you’re going to time of the gentleman has expired. people. You would be right. You would freeze their salary for a third year in a Mr. HOYER. I yield myself 2 addi- be very right. But most of the Federal row. Bowles-Simpson said do it for tional minutes. employees don’t live in the Washington three. But Bowles-Simpson said, Every- So with respect to SGR, ladies and metropolitan area. They live in your body ought to share, everybody. We gentlemen, we’re playing a game, and districts, all over this country, serving ought to get $1 trillion in revenues, $1 the doctors all over this country and your farmers, serving your drugstores, trillion in cuts. Everybody. the Medicare recipients all over this serving everything that you do. The SPEAKER pro tempore. The country know we’re playing a game. Do I think it’s the private sector that time of the gentleman has again ex- We’re giving them no certainty, no makes this country great? Absolutely. pired. confidence that, come this September, Do I believe they need an energized, Mr. HOYER. I yield myself 1 addi- October, November, we won’t have an- high-morale, highly educated Federal tional minute. other one of these silly little debates. workforce as their partner? I do. And But nobody but Federal employees, Now we also, in that context, have a you will not have that, ladies and gen- nobody is targeted in this bill other deep deficit and debt that confronts tlemen, if we keep along this path of than Federal employees. You can tell this Nation that we have to deal with. every time we come to a bill that’s a I’m angry about that because that’s And we had two commissions that said little bit of trouble, the pay-for is to not fair, and that’s not how you ought we had to deal with it. One was Bowles- reach into the Federal employees’ to treat our employees, America’s em- Simpson—my friend from California pockets. They’re pretty much going to ployees. America’s public servants, we (Mr. BECERRA), who sits in the Cham- say, I’m not with you any longer. call them. We ought to stop dissing

VerDate Mar 15 2010 02:02 Feb 18, 2012 Jkt 019060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K17FE7.016 H17FEPT1 pwalker on DSK7TPTVN1PROD with HOUSE H914 CONGRESSIONAL RECORD — HOUSE February 17, 2012 them. We ought to stop demagoguing will be asked in a voluntary auction if and counsel from five hearings and 11 months them. We ought to stop using ‘‘bureau- they want to give up their spectrum of discussions with members of both sides of crat’’ as an epithet. America needs are protected so that the viewers out the aisle, the FCC and TIA. Throughout this them. there in America will still be able to process my staff and I have worked in good I will have some other things to say see and watch their over-the-air public faith with broadband providers, broadcasters, in a few minutes, Madam Speaker. But and private broadcasters. and public safety officials. we ought not walk away from our Fed- Madam Speaker, this is good legisla- Our economy needs the help, Americans eral employees any more than we tion, and I hope Members will support need new jobs, and we need to generate fed- ought to walk away from those 160 mil- it. eral revenue for the American taxpayer. This lion people who need this tax cut or Spectrum is increasingly becoming the life- legislation does all of these things—and it walk away from those 2.4 million who blood of our communications sector and our does them well. need that unemployment insurance or economy. U.S. investment in 4G wireless net- Mr. LEVIN. I now yield 2 minutes to walk away, as we have, from the doc- works could range from $25 to $53 billion in Mr. WAXMAN, a member of the con- tors who need certainty, long term— the next five years, produce $73 to $151 bil- ference committee and the ranking not for 10 months, but long term. lion in GDP growth, and create 371,000 to member of the Energy and Commerce I reserve the balance of my time. 771,000 new jobs, according to a recent Committee. study. But that can’t happen without spectrum, (Mr. WAXMAN asked and was given b 1020 and a spectrum crunch is looming. Back in permission to revise and extend his re- Mr. CAMP. Before I yield, I just December, the House of Representatives marks and include extraneous mate- would like to say to the gentleman tackled the spectrum crunch head on when it rial.) that he did characterize our conversa- passed the Jumpstarting Opportunity with Mr. WAXMAN. Madam Speaker, I’ll tions correctly. It was very late. I do Broadband Spectrum Act of 2011, also known vote for this bill, but I do so with res- look forward to working with him in as the JOBS Act. ervations. We should have done better the future on these issues as we move Title VI of the Middle Class Tax Relief and in meeting our responsibilities to the forward. Job Creation Act follows the spectrum auction American people. With that, I yield 2 minutes to the framework from the JOBS Act to free up valu- There are important provisions in distinguished gentleman from Oregon able spectrum that when put into service will this legislation that will do a lot of (Mr. WALDEN), a conferee. unleash new technologies. It will help meet the good for families and our economy. We Mr. WALDEN. Madam Speaker, I growing demand for mobile broadband, foster are extending the payroll tax reduction thank Mr. CAMP, and I want to thank private-sector investment, and promote hun- for millions of families, extending un- the gentleman from Michigan for his dreds of thousands of jobs. To raise billions of employment insurance, and ensuring extraordinary leadership in pulling the dollars in federal revenue, it authorizes truly that doctors serving seniors will be House and the Senate together as voluntary incentive auctions, ensures that any paid for their services through the end chairman of our conference. spectrum cleared with federal funds spectrum of year, and we are making spectrum One of the key elements of this legis- is auctioned, and enables all wireless carriers available for new innovations in wire- lation is freeing up an enormous swath to compete in open auctions. The FCC should less communications. of spectrum for use, to grow jobs in not be picking winners and losers. The market While these are provisions I support technology and innovation, generate should. in the conference report, there are sig- $15 billion to the treasury to help pay Unleashing the pent-up demand of the com- nificant missed opportunities and poor for some of the things that are being mercial sector will drive innovation and help choices that affect Federal workers and discussed today, to extend the middle snap our country out of its fiscal doldrums. preventive health programs. class tax cut, to provide unemployment The innovation of the mobile sector has Nowhere is this lost opportunity for those who are seeking work. And in helped America lead the world in wireless and more apparent than our failure to end the process here, there are estimates of bring the power of the Internet to every corner the Medicare physician payment for- building out the 4G network, which of the country. No longer bound by wires to mula, known as the SGR, and set us on will take spectrum like that which will one location, wireless Internet access has a path to a fair and reasonable physi- be made available here, could generate spawned the creation of countless new tech- cian reimbursement system. Having to somewhere between 300,000 and 700,000 nologies, a proliferation of wireless devices of settle for another temporary solution, American jobs, and unleash technology all shapes and sizes, and even services so which leaves us at the end of the year and innovation in America. revolutionary they fostered actual revolutions. even deeper in the hole in terms of a In addition to doing that, the Repub- This legislation takes all of that innovation to permanent solution, is a real failure lican House, in concert with our col- a new level and creates real private-sector and one that fails Medicare bene- leagues across the aisle and across the jobs. ficiaries and doctors alike. I did not Chambers, have come together to fi- The bill also provides the best protection of agree with the cuts in reimbursement nally take care of our public safety of- any competing legislation to make sure Amer- for hospitals and nursing homes and, ficials who, on that terrible day of Sep- ican viewers can continue to watch program- unbelievably, in prevention services in tember 11, discovered that their devices ming and news from the Nation’s free, over- order to pay for the physician reim- did not communicate well with each the-air broadcasters, who just went through an bursement levels at a reasonable rate. other, if at all. So, finally, we have expensive and difficult federally mandated I’m deeply concerned about the Fed- come together to create an interoper- conversion to digital. And using the money eral employees’ provisions. I think that able, public safety broadband network from spectrum auctions, this legislation should is very unfair. that they can operate on wherever they generate upwards of $15 billion in net reve- I do not have similar reservations are, wherever disaster may strike, and nues while also helping build a nationwide, about the spectrum provisions in the they’ll be able to communicate with interoperable broadband network for our first conference report. Our bipartisan, bi- each other. We’ve allocated money to responders. cameral negotiations resulted in legis- build it out. I think we’ve put a gov- It also includes a priority of my colleague, lation that will make new spectrum ernance structure in place. While it is JOHN SHIMKUS, who has been an ardent and available for broadband services, will not exactly as I hoped would happen, I articulate supporter of next-generation 911 create a nationwide band of spectrum think it will function. We will see. services. Thanks to his tireless advocacy, we that can be used for innovative, unli- So we have built out a public safety were able to secure $115 million for NG911 censed applications, and will provide network for our public safety officials. deployment modeled on the Shimkus-Eshoo for the construction of an interoper- That will get underway. This bill will NG911 Act, and we did so in a fiscally respon- able broadband network for first re- help generate 300,000 to 700,000 Amer- sible manner, making sure we hit our revenue sponders. ican jobs, generate $15 billion in pri- targets first before spending the money. Taken as a whole, I believe we should vate sector money coming into the This legislation didn’t just drop out of the support this package even with its seri- government to help pay for some of sky. It is thoughtful and carefully crafted legis- ous shortcomings. this, and protect our over-the-air lation that finds the right balances. Its provi- Madam Speaker, I rise today in support of broadcasters. Our TV broadcasters who sions were improved as a result of the input the conference report for H.R. 3630.

VerDate Mar 15 2010 05:08 Feb 18, 2012 Jkt 019060 PO 00000 Frm 00010 Fmt 4634 Sfmt 9920 E:\CR\FM\K17FE7.017 H17FEPT1 pwalker on DSK7TPTVN1PROD with HOUSE February 17, 2012 CONGRESSIONAL RECORD — HOUSE H915 Although I will vote ‘‘yes,’’ I do so with res- that the House adopt the spectrum provisions port incorporates most of the auction-re- ervations. We could and should have done in the conference report. Our bipartisan, bi- lated provisions included in the House legis- better in meeting our responsibilities to the cameral negotiations have resulted in legisla- lation, with changes regarding unlicensed spectrum and FCC auction rules. The public American people. Nevertheless, I commend tion that will make new spectrum available for safety provisions are based on the national the members of this conference for the posi- smartphones and tablets, will create a nation- model outlined in S. 911, with changes to en- tive things they achieved. wide band of spectrum that can be used for sure flexibility for states. First and foremost, we are doing a lot of Super WiFi and other unlicensed uses, and THE AUCTION PROVISIONS good for families and our economy in this leg- will provide spectrum to fund the build-out of The auction provisions in the final legisla- islation. We are extending the payroll tax re- an interoperable broadband network for first tion are largely the same as those in H.R. duction for millions of families, helping them in responders. Establishing a nationwide public 3630 as passed by the House with two signifi- a difficult economic time and providing much- safety broadband network allows us to com- cant exceptions: (1) the provisions relating needed stimulus to our economy. plete the major piece of unfinished business to unlicensed spectrum and (2) the provisions We are extending unemployment insurance, relating to FCC auction authority. from the attacks of 9/11. These provisions will Unlicensed Spectrum: Unlicensed spectrum which is a lifeline to those out of work. promote innovation and economic growth has been an engine of economic innovation We are ensuring that doctors serving sen- while contributing $15 billion to pay for this and growth, enabling new forms of commu- iors will be paid for their services through the legislation. nication like WiFi and Bluetooth. Many ad- end of the year. These spectrum provisions are the result of vocate that allowing unlicensed use in the And we are making spectrum available for many members’ hard work. Two Senators not broadcast frequencies could lead to new new innovations in wireless communications at on the conference made an enormous con- breakthroughs like Super WiFi. The con- ference report advances this goal in three the same time as providing public safety with tribution, Senator ROCKEFELLER, the chair of a national broadband network. These spec- ways: (1) it gives the FCC the authority to the Senate Commerce Committee, and Sen- preserve existing TV white spaces; (2) it trum policy decisions will be an engine for ate Majority Leader REID, and I thank them for gives the FCC the authority to optimize economic growth. their leadership. On the conference, Senator these white spaces for unlicensed use by con- While these are the provisions I support in KYL and Chairmen UPTON and WALDEN de- solidating them into more optimal configu- this conference report, there are also signifi- serve great credit for their work in crafting this rations through band plans; and (3) it gives cant missed opportunities and poor choices pro-growth, pro-innovation compromise. the FCC the authority to use part of the that affect federal workers and preventive spectrum relinquished by TV broadcasters in Taken as a whole, I believe we should sup- the incentive auction to create nationwide health programs. port this package, even with its serious short- Nowhere is the lost opportunity more appar- guard bands that can be used for unlicensed comings. It is not what any of us would have use, including in high-value markets that ent than in our failure to end the Medicare written. This is indeed a compromise. currently have little or no white spaces physician payment formula known as the SGR But the alternative would be worse. Failure today. Nationwide, unlicensed access to and set us on a path to a fair and reasonable to pass this package would let the middle guard bands will enable innovation, promote physician reimbursement system. Having to class tax cut lapse and undermine our eco- investment in new wireless services, and en- settle for another temporary solution, which nomic recovery, cause the unemployed to lose hance the value of licensed spectrum by pro- tecting against harmful interference and al- leaves us at the end of the year even deeper their benefits, and slash physician payments in in the hole in terms of a permanent solution, lowing carriers to ‘‘off-load’’ data to allevi- Medicare so that our seniors and disabled ate capacity concerns. is a real failure, and one that fails Medicare lose access to their doctors. It would also FCC Auction Rules: Under current law, the beneficiaries and doctors alike. mean a halt to progress in developing the FCC has broad authority to craft auction We had the opportunity to use the war sav- wireless superhighways of the future and en- rules in the public interest. The agency has ings from Iraq and Afghanistan to pay for this suring we have an emergency broadband net- used this authority to ensure that commu- solution. The Republicans said no. At the min- nications markets remain competitive and work in place to respond to terrorism and ur- spectrum is not concentrated in the hands of imum, we should have used these savings to gent events. pay for the debt caused by previous short- only one or two providers. H.R. 3630 would That is why I support this conference report have restricted the FCC’s future ability to term temporary fixes. The Republican leader- and ask my colleagues to do likewise. limit participation in spectrum auctions, re- ship refused to allow that to happen. HOUSE OF REPRESENTATIVES, gardless of the size or market dominance of As a result, we are, once again, forced to February 2012. potential bidders. The conference agreement accept a short-term ‘‘solution’’ that simply SUMMARY OF THE SPECTRUM PROVISIONS modifies this prohibition by expressly pre- serving the FCC’s ability to ensure competi- stops an immediate crisis, but ensures that COMMITTEE ON ENERGY AND COMMERCE, tion through spectrum aggregation limits physicians in Medicare face another emer- DEMOCRATIC STAFF and other rules. gency a year from now. This is a poor result. The payroll tax relief conference has The legislation also drops a provision in It is not right to ask Medicare beneficiaries reached agreement on landmark bipartisan the House-passed bill that would have lim- to bear the cost of the failure of an arbitrary legislation to ease the nation’s growing spec- ited the FCC’s authority to set license condi- formula written into the law in 1997. It is not trum shortage, create a nationwide, inter- tions, such as open-internet requirements, right to ask other providers, particularly safety- operable broadband network for public safety on auctioned spectrum. net providers serving a disproportionate share officials, and raise $15 billion. THE PUBLIC SAFETY PROVISIONS of low income seniors and individuals with dis- The legislation gives the Federal Commu- The conference report provides our na- abilities, to take cuts in their payments for the nications Commission (FCC) the authority to tion’s first responders with access to the pay TV broadcasters for underutilized broad- spectrum and advanced wireless broadband same reason. And it certainly is not right to re- cast spectrum and resell it at higher prices duce our commitment to prevention by robbing communications they need to protect the to wireless companies to meet the growing public and to communicate with each other the Prevention and Public Health Fund of crit- spectrum demands of smartphones and tab- across the country. The legislation provides ical dollars that could help us keep people lets. This provision is expected to make a for the construction of a nationwide public healthy instead of paying for them when they large band of prime spectrum available for safety broadband network, as envisioned in are sick. auction, raising over $25 billion. The bill pro- the Senate bill, with an ‘‘opt-out’’ option for I am also deeply concerned about the fed- vides $7 billion in auction proceeds and spec- states that demonstrate the capacity to eral employee provisions. It is simply unfair to trum worth $2.75 billion (called the ‘‘D build their own networks and connect them Block’’) to a new ‘‘First Responder Network ask working Americans who happen to serve to the national network. Authority’’ to build a broadband network for The legislation creates a First Responder the taxpayers through their work for the gov- police, firefighters, emergency medical serv- Network Authority (FirstNet) within the Na- ernment to pay for half the costs of continuing ice professionals, and other public safety of- tional Telecommunications and Information unemployment benefits for the entire nation. ficials. A key provision in the legislation au- Administration (NTIA) and provides This denigrates public service, and it is unwor- thorizes the FCC to create guard bands in FirstNet with $7 billion and a license to use thy of us to impose such an involuntary sac- the broadcast spectrum auctioned to wireless the ‘‘D Block’’ and adjacent public safety rifice on them. Moreover, it is a bad precedent carriers that can be used for innovative unli- spectrum to build the nationwide public to be paying for this emergency economic re- censed uses like Super WiFi. safety network. To ensure national inter- The legislation agreed to by the conferees operability, the legislation also creates a lief at all. We have not done so previously, is based upon two existing pieces of legisla- technical advisory board at the FCC to de- and I am sorry we are doing it in this legisla- tion: H.R. 3630, the spectrum provisions velop interoperability standards. States that tion. passed by the House, and S. 911, the bipar- want to construct their own portion of the Although I have serious reservations about tisan legislation approved by the Senate national public safety network have the op- these provisions, I have none recommending Commerce Committee. The conference re- tion to apply for federal grants to build and

VerDate Mar 15 2010 02:02 Feb 18, 2012 Jkt 019060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\A17FE7.016 H17FEPT1 pwalker on DSK7TPTVN1PROD with HOUSE H916 CONGRESSIONAL RECORD — HOUSE February 17, 2012 operate the radio access network in the state eral employees to finance our national Madam Speaker, by the summer. If this if they can demonstrate to the FCC that the highways. That’s a ridiculous ap- puts a little more money in individ- network will meet the interoperability proach. uals’ pockets so that they can pay for standards and to NTIA that they have the re- Federal employees, as Mr. HOYER sources and capability to provide comparable a half a tank of gas or one-quarter of a coverage and security and maintain ongoing said, are willing to do their fair share tank of gas, then I say I’m all for it. interoperability. to help reduce our deficit, but stop sin- Furthermore, this deal strikes the Unlike the House-passed bill, the legisla- gling them out and making them most dramatic blow to ObamaCare yet, tion does not require public safety officials scapegoats. They had nothing to do keeping a promise I made when I first to return the important 700 MHz with the financial meltdown on Wall came to Washington. With this agree- ‘‘narrowband’’ spectrum to the FCC for auc- Street. They are not the drivers of our ment, we are cutting spending by more tion. Instead, the legislation requires the re- turn of less efficient spectrum known as the national debt. And I am sick and tired than $50 billion and using a portion of ‘‘T-band.’’ This transition occurs 11 years of hearing some Members of Congress these savings to pay for the doc fix. from the date of enactment, and public safe- bad-mouthing and belittling Federal What is the doc fix? The doc fix ensures ty relocation costs will be reimbursed from employees. that millions of Medicare patients, our any auction proceeds. The SPEAKER pro tempore. The seniors, will receive that medical care. Finally, the legislation provides funding time of the gentleman has expired. It will prevent the 27.4 percent cut to for critical public safety research and devel- Mr. HOYER. I yield the gentleman an physicians for Medicare services. opment activities and deployment of Next Generation 9–1–1 services, which will com- additional 30 seconds. We must now return our focus to the plement the advanced broadband capabilities Mr. VAN HOLLEN. They are an easy most pressing issue facing our Nation, of the public safety network by enabling the political target for some, as Mr. HOYER which is job creation and fixing this delivery of voice, text, photos, video, and said, but it is irresponsible to denigrate economy. other data to 9–1–1 call centers. their good work. These are the men The SPEAKER pro tempore. The Mr. HOYER. Madam Speaker, I now and women who care for our veterans time of the gentlewoman has expired. yield 21⁄2 minutes to the distinguished and many of our wounded soldiers. Mr. CAMP. I yield the gentlewoman gentleman from Maryland (Mr. VAN These are the people in our intelligence an additional 30 seconds. HOLLEN), the ranking member of the community who helped track down Mrs. ELLMERS. Madam Speaker, the Budget Committee. Osama bin Laden. These are the folks President has submitted another bloat- Mr. VAN HOLLEN. Madam Speaker, at NIH and elsewhere who help find ed budget that ignores the economic I thank my colleague, Mr. HOYER. treatments and cures, that help pre- crisis we are all living through under This bill accomplishes three very im- vent diseases that plague every Amer- the Obama economy. It’s time to roll portant objectives: it extends the pay- ican family. They are the folks who up our sleeves and get to work on re- roll tax cut for 160 million Americans; protect our borders. They are the folks moving these barriers to prosperity it extends unemployment insurance to who help run the Medicare and Social and focus on the one thing that mat- millions of Americans who are out of Security system. They’re the folks in ters most—job creation and continuing work through no fault of their own; the Capitol Hill Police that protect to provide certainty to millions of and it supports the Medicare program. this great center of democracy right Americans who are looking to us to So I am not here on the floor today to here. make concise decisions about their fu- urge my colleagues to vote against this So while this conference report does ture and the future of their children. bill. In fact, I’m confident it will pass. many good things, we need to send a The SPEAKER pro tempore. Just as The bill is also significant for what it message that it’s time to stop a reminder, the time remaining is the will not do. Unlike the original Repub- scapegoating Federal employees and gentleman from Michigan (Mr. CAMP) lican House bill which cut compensa- using them as the piggy bank for our has 113⁄4 minutes remaining, the gen- tion for current Federal employees by national objectives. tleman from Michigan (Mr. LEVIN) has about $40 billion, this bill does not cut Mr. CAMP. I yield 2 minutes to the 10 minutes remaining, and the gen- compensation for any current Federal gentlewoman from North Carolina tleman from Maryland (Mr. HOYER) has employee, not one cent. Let me repeat (Mrs. ELLMERS), a member of the con- 5 minutes remaining. that. I’m pleased that Senator CARDIN ference committee. Mr. LEVIN. It’s now my pleasure to and I and other members of the con- (Mrs. ELLMERS asked and was given yield 1 minute to our distinguished ference committee were successful in permission to revise and extend her re- leader, Ms. PELOSI, from the great holding harmless our hardworking cur- marks.) State of California. rent Federal employees. Ms. PELOSI. Madam Speaker, I That being said, I’m going to vote b 1030 thank the gentleman for yielding, and ‘‘no’’ to send a message that enough is Mrs. ELLMERS. Yesterday after- I thank him for his relentless and per- enough when it comes to using the noon, I happily signed the conference sistent advocacy on behalf of a thriving Federal workforce as a piggy bank to report that was very, very well put to- middle class in our country and his fund our various national initiatives. gether; and I commend Chairman CAMP work to ensure that we would have this Here’s why. While no current employ- for the hard work that he did and my payroll tax cut as well as the extension ees are impacted by this bill, it does fellow conferees. This joint conference of unemployment insurance that he cut compensation for future employees committee came together, and it was fought so hard on, as well as on making hired starting in January 2013; and that tasked to negotiate the payroll tax hol- sure that our seniors are able to see will, as Mr. HOYER said, it will make it iday extension. their doctors under Medicare. Con- much more difficult for us to attract This is a very important break- gratulations and thank you, Mr. LEVIN. the Federal employees we need to do through and shows that we can actu- I rise today, Madam Speaker, in sup- our national work together as part of ally work together and compromise for port of this legislation. Of course, I our Federal service. the sake of the American people. I identify with the concerns expressed by And indeed, one-half, a full half of would like to thank, again, Chairman our distinguished whip, Mr. HOYER, and the 10-month extension for unemploy- CAMP and my fellow conferees once of Mr. VAN HOLLEN regarding our pub- ment insurance that benefits the entire again for the honor and privilege to lic employees. country, $15 billion is financed by cut- serve on this committee. Before I talk directly about what is ting compensation for future Federal Our report does what is necessary to in the bill, I do want to say that for our employees. That is a disproportionate provide a responsible level of certainty country to thrive and for us to do our share from the Federal workforce. The to job creators and ensures that mil- very best, we must have a great rela- Federal workforce has already contrib- lions of hardworking Americans will be tionship between the public and the uted over $88 billion toward deficit re- protected. In this Obama economy, it is private sector. The private sector is duction by the denial of two COLAs important that American taxpayers the driving engine of job creation in and the proposed COLA cut this year, keep more of their money and use it to our country, but it cannot succeed un- and the Republican transportation bill make ends meet. Gas prices are pro- less we also have an effective and would cut another $42 billion from Fed- jected to go up above $4 a gallon, thriving public sector. It’s about so

VerDate Mar 15 2010 02:02 Feb 18, 2012 Jkt 019060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\A17FE7.017 H17FEPT1 pwalker on DSK7TPTVN1PROD with HOUSE February 17, 2012 CONGRESSIONAL RECORD — HOUSE H917 many things that relate to our public allow commerce to proceed in a very SGR, we should have gone all the safety. The courts, the implementation positive way. way with it. We should have done it of laws passed in Congress, they don’t Now let’s get back to why this is im- permanently. We could have paid for it exist unless the public sector then im- portant, this victory for the middle with our war savings or with a sur- plements them. So this is a symbiotic class. This was a fight. Why should it charge at the high end. Republicans relationship that has existed from the have been a fight? There’s something said no. beginning of time in our country. out there in the public, the ‘‘ground Having said all of that, the fact that It’s not a zero sum game. We cannot truth,’’ the common sense coming up we are here today is an admission that say we’re going to do this in the pri- from the ground that this was an im- this is the right thing to do in terms of vate sector at the expense of the public portant thing to do; and the American the payroll tax cut and unemployment sector. So I salute them for their per- people overwhelmingly supported it. compensation and our seniors. It’s a sistent leadership and recognizing the There’s a ground truth out there from recognition that the American people important role that the public sector the public, common sense coming up are watching, and they have little ap- plays. It was not necessary for us to go from the ground, that in order for us petite for us to be fighting over what down the path that has been taken in meet our needs and also reduce the def- they know is the right thing to do, this bill, and I’ll get to that in a mo- icit, that we should have a surcharge which is to take every action we can to ment. on the wealthiest people in our coun- grow our economy, focusing on the try, people making over $1 million a First, I want to say that this rep- middle class, small business, entrepre- year—not having a million dollars— resents a victory for the middle class neurial spirit, and the rest. Again, we making over $1 million a year. in our country, and I salute President have important work to do to reignite Obama for going out there so strongly That was not contained in this bill, but it will be part of the debate as we the American Dream in even bigger and taking this message to the Amer- ways. ican people that it was very important go forward. So let’s take a moment to So with that, Madam Speaker, I urge for us to have a payroll tax cut for the say that we recognize here on this floor our colleagues to support the legisla- middle class. It’s important to those of the House the importance of a thriv- tion. families because it puts $40 more into a ing middle class to our democracy—to paycheck to buy groceries, to buy gaso- our democracy—and that this action Mr. HOYER. Madam Speaker, I yield line, and to make ends meet—to make taken today is an important step, but 11⁄2 minutes to the gentleman from Vir- ends meet. we have much more work to do. ginia (Mr. CONNOLLY). In addition to being personally help- Democrats are committed to re- Mr. CONNOLLY of Virginia. I thank ful to families, it has a macroeconomic igniting the American Dream, to build- my colleague. ing ladders of opportunity for all who effect because these families will im- I support the doc fix in this bill. I want to work hard, play by the rules mediately spend that money and inject support the payroll tax cut extension and take responsibility. But we have demand into the economy, and that is in this bill. I support the extension of work to do. In this thriving—this re- a job creator. Any economist will tell unemployment insurance to so many of igniting—American Dream, it’s about you that this is very important to con- our fellow Americans who have suf- recognizing the role of entrepreneurial- tinuing the economic recovery in our fered in the Great Recession. Sadly, I ism in our system of small businesses country. To have rejected it, as had cannot, however, bring myself to vote and what they do to grow our economy been in the mix earlier, would have for this bill. halted, if not turned back, our eco- and how we have a public-private rela- tionship there to encourage small busi- I represent the third largest number nomic recovery. of Federal employees in the United So let us recognize that we had three ness. And also, again, all of this relates to a thriving middle class. States. They’re asking a simple ques- pillars that we insisted be in this pack- tion: What is the nexus, what is the re- age, we on the Democratic side, one b 1040 lationship between their employment that we would have a payroll tax cut So I urge my colleagues to be ever- and these worthy subjects? And the an- for 160 million Americans, preferably vigilant about every opportunity we swer is ‘‘none.’’ unpaid for, and that is the way it is in can take to support the middle class. this bill. What is unfortunate is that Three times this week the Repub- Today is a good day in that regard. It’s lican majority has attempted to get at we did not use our choice of a pay-for, just one piece of it, though. We have should it be paid for, the surcharge, to benefits and pay and compensation of much more work to do. the Federal workforce, and often it’s cover the unemployment insurance. In any bill that comes up, there are based on misinformation—a bloated That would have been a preferable things you may not like in it, and you workforce. We entered data into a place to go, the extension of unemploy- say: Well, I’m not going to vote for it hearing record just the other day that ment insurance. It could have also been for that reason. On balance, I come shows that the Obama administration, used to pay for the SGR, the ability for down in favor of supporting what the in absolute terms, has 350,000 fewer seniors to see their doctors instead of President asked us to do, which we did Federal workers than those that served taking money out of the prevention do, and what the American people want during the administration of President piece of the Affordable Care Act. Pre- us to do. But I don’t want to go forward H.W. Bush. As a ratio to thousand pop- vention makes America healthier, it without registering the concern that ulation in America, it’s the lowest saves money, and it expands oppor- we could have done better in this. tunity for people to get in the health One place we can start on our next since John Kennedy was in the White care loop. That’s unfortunate, and it legislation is to look at the surcharge House in 50 years. could have been avoided as well as the for the wealthiest people in America They’ve already given $90 billion to unfortunate provision relating to our instead of taking billions of dollars debt reduction through pay freezes and public employees. from preventive care so that we can future pay freezes. And of course there Even on that score, Mr. HOYER said, offset the cost in here. None of it need- is legislation to whack at their pen- as Mr. VAN HOLLEN did, there was a ed to be offset. The payroll tax cut has sions, affecting both current and future further compromise that could have not been, unemployment insurance has employees in the pending transpor- been made that addressed some of the not traditionally been paid for, and we tation legislation that I hope will die needs of the Republicans to vote for didn’t have to do it now. In fact, pay- of its own weight. It is not fair to ask this bill without doing more harm to, ing for it diminishes some of its stimu- only one group in America to make a as Mr. HOYER said, the recruitment and lative effect because economists will sacrifice. Shared sacrifice should mean the retention of public employees, the tell you unemployment insurance ben- shared sacrifice. best—the best—public employees to efits paid out are immediately spent Mr. CAMP. Mr. Speaker, I yield 2 help implement our laws. And I want back into the Treasury, as the payroll minutes to a member of the House-Sen- to salute all of them for their patriotic tax cut will be too, and stimulates the ate conference committee, the gentle- duty to our country, to make and keep economy by injecting demand and cre- woman from New York (Ms. us safe in every possible way, and to ating more jobs. HAYWORTH).

VerDate Mar 15 2010 05:08 Feb 18, 2012 Jkt 019060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K17FE7.022 H17FEPT1 pwalker on DSK7TPTVN1PROD with HOUSE H918 CONGRESSIONAL RECORD — HOUSE February 17, 2012 Ms. HAYWORTH. I thank the chair- Medicare for millions of seniors; that pensions. Our Federal employees are man. eliminated and restricted access to not a piggy bank. We should not reach Madam Speaker, this conference re- physical speech and occupational ther- into their pockets anytime we need to port that we bring to our colleagues for apy in hospital settings for Medicare pay for something. a vote today represents a remarkable patients; that eliminated the child tax Federal workers are the backbone of good-faith effort by the members of a credit for millions of modest-income our government. In return for their committee who combined—who worked families; and that eliminated unem- hard work and dedication, the majority together, Democrats and Republicans, ployment insurance benefits for nearly has rewarded Federal workers with an House and Senate—to act responsibly 3 million Americans who had lost a job unprecedented amount of criticism; as- for the American people and in re- through no fault of their own. sault on their compensation and bene- sponse to what the American people This agreement represents a rejec- fits, including proposals to extend their have asked us to do. tion of the approach in the House Re- current 2-year pay freeze and to arbi- As a physician—and I practiced for 16 publican bill of December. It is a com- trarily cut the number of Federal em- years in the Hudson Valley in New promise, free of the controversial and ployees; and, now, to slash their retire- York—the importance of extending re- extraneous measures in that Repub- ment benefits. imbursement assurance for our seniors lican bill in December. But it is a bill So I’m going to vote against this con- who rely on Medicare, for the doctors of controversy because we are asking ference report. It is an important bill who care for them who have to keep American workers who work very hard, to get through, but I have to vote their doors open is a crucial issue. But who give their all and just happen to against it in the name of my employ- not only did we provide that assurance work for the Federal Government, to ees. through the end of this year, we also pay the cost of helping other Ameri- Mr. CAMP. I yield 21⁄2 minutes to the provided for some other crucial provi- cans who are unemployed. gentleman from Michigan (Mr. UPTON), sions for our rural hospitals, for our We could have made this a good bill. the chairman of the Energy and Com- ambulance services, for a number of We could have asked every American— merce Committee and a member of the other aspects of care that rely on our especially those most able to con- House/Senate conference. action and on the responsible action tribute—to help out. We didn’t in this Mr. UPTON. Madam Speaker, I thank that we take today. bill, and that’s why it’s a compromise. the gentleman from the great State of And, yes, we did pay for those exten- It could have been much better, but we Michigan for yielding. sions in a responsible way, as we must faced a deadline by February 29 where I rise, obviously, in support of this in a time of looming fiscal crisis. We 160 million American families would conference report. It’s not perfect, but have a debt that extends to $50,000, have seen their taxes increase. We it is certainly the right thing to do roughly, per man, woman and child in would have seen a situation where mil- now. this country. It is unconscionable for lions of Americans would have lost Our economy is still struggling big us to fail to acknowledge that responsi- their unemployment insurance. We time. Families are struggling. In my bility. For all of us to do our part in needed to act, and we did. home State of Michigan, we know bet- that way, we have, yes, asked our Fed- I urge my colleagues to vote for this ter than anywhere else the pain of high eral employees to help us. Because as compromise measure. unemployment and anemic economic the employer, the Federal Government Mr. HOYER. I yield 11⁄2 minutes to growth. And extending the temporary has to take its responsible steps as the distinguished ranking member of payroll tax relief and unemployment well. the Government Reform Committee, benefits, it’s not the way to fix the The hope that all of us have is that the gentleman from Maryland (Mr. economy, but we need to do it now to we will continue to work through this CUMMINGS). offer a measure of relief to those in year. We will move from here with this Mr. CUMMINGS. Madam Speaker, I need. consensus document and continue to am very pleased that we are extending But our long-term goal is certainly work on the growth that our economy the payroll tax cut through the end of much bigger: We’ve got to fix the econ- desperately needs and do so together the year, which is essential to support omy. We’ve got to create jobs. We need by controlling what the Federal Gov- our continued economic recovery. to return America to a place where ernment does. I am also pleased that we are pro- these temporary patches are not need- Mr. LEVIN. I now yield 2 minutes to viding unemployment benefits to en- ed. another conferee, the gentleman from sure that millions of Americans have In addition to the payroll tax and un- California (Mr. BECERRA). access to benefits they so urgently employment health extension, this Mr. BECERRA. I thank the gen- need and that we are implementing the package includes the doc fix through tleman for yielding. doc fix to ensure that seniors on Medi- the end of the year to protect seniors In December, this Congress gave 20 care can continue to see the physicians who depend on Medicare and prevent conferees three tasks to achieve by of their choice. physician reimbursement rates from February 29: to extend the payroll tax That said, there are a number of pro- being slashed by nearly 30 percent. cut for 160 million middle class Ameri- visions in this agreement that deeply Again, it is but a temporary solution cans; to ensure Americans who lost disappoint me. to a long-term problem. their jobs through no fault of their own As chairman of the Energy and Com- receive their unemployment insurance b 1050 merce Committee, I am absolutely benefits; and to guarantee our seniors For example, this agreement will re- committed to working with my good on Medicare have access to the doctors duce by 30 weeks the maximum number friend Chairman CAMP to develop a per- of their choice and the care that they of weeks of unemployment insurance manent solution to the Medicare physi- need. available to residents of States with cian payment system, one that pro- We achieved this goal. But let’s be average unemployment rates. tects seniors and their doctors in the clear, this agreement is by no means While the unemployment picture cer- long term while also protecting tax- free of controversy. The gentleman tainly improved in January with the payers and making sure that Medicare from Maryland (Mr. HOYER) eloquently creation of 243,000 jobs and a reduction is efficient, effective, and sustainable. illustrated that. Our Republican col- in the unemployment rate of 8.3, there These temporary solutions are a big leagues succeeded in extracting a are still 12.8 million people unemployed part of the package, but, Madam pound of flesh from middle class work- in this Nation and millions more who Speaker, it would be a terrible mistake ing Americans who also serve ably in work part-time but want full-time to ignore another part of the package, our Federal Government. work. For millions of our fellow citi- one that will help support literally But what was the alternative that we zens, unemployment benefits are truly hundreds of thousands of jobs, one that faced? A House Republican bill passed a lifeline. will spur billions of dollars of invest- in December that quadrupled the cuts I’m also deeply disappointed that the ment in our economy and affect the to workers in their salaries and their conference report requires new Federal daily lives of nearly every American. benefits; that increased the cost of workers to contribute more to their I’m talking about spectrum reform.

VerDate Mar 15 2010 02:32 Feb 18, 2012 Jkt 019060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K17FE7.024 H17FEPT1 pwalker on DSK7TPTVN1PROD with HOUSE February 17, 2012 CONGRESSIONAL RECORD — HOUSE H919 Spectrum, it’s the airwaves that consecutive months of private sector committee on this legislation because I carry wireless communication. Spec- job growth. Unemployment numbers think it’s so important. It will define trum is all around us and we sure do are down, yet millions of Americans our Nation’s ability to lead the world use it. With the explosion in are still looking for work. Action today in wireless broadband deployment. It smartphones, tablets, mobile better ensures that losing a job will also will define how we finally provide broadband devices, Americans are not mean economic disaster for fami- our first responders with a nationwide using more spectrum than ever before. lies who have worked hard and played interoperable broadband network. This bill helps our country make more by the rules. This legislation will usher in more efficient use of those airwaves. An action today means that we will competition, enhance innovation, bol- We’re clearing large swaths of spec- keep our promise to 47 million seniors ster the American economy, and very, trum for innovative wireless invest- by preventing a drastic 27 percent cut very importantly, create jobs, good ments, and the upshot is that wireless to physicians who care for Medicare jobs. companies will pay the taxpayers bil- beneficiaries. This is a win for Amer- I thank my colleagues on both sides lions of dollars for the right to build ican seniors, but it does not relieve us of the aisle and the other Chamber for the next generation of wireless net- of our responsibility to permanently coming together to develop legislation works. It’s a huge win for consumers repeal the SGR and replace it with a that promotes the public interest and and taxpayers. new payment system. ensures a return on investment for the This package is the culmination of For over a decade this failed policy taxpayer by supporting unlicensed years of effort, bipartisan effort, nu- has created uncertainty and instability spectrum, a nationwide interoperable merous hearings, extensive stakeholder for patients, for health care providers, public safety broadband network, and input, cooperation on both sides of the and for the Federal budget. Through- provisions to ensure that our Nation’s aisle. out this process, I advocated for both 911 call centers will have the modern The SPEAKER pro tempore. The permanent, fiscally responsible repeal tools needed to improve the quality time of the gentleman has expired. of the failed Medicare policy and a and the speed of emergency response. Mr. CAMP. I yield the gentleman an path forward to new payment models Incentive auctions will ensure that additional 30 seconds. to improve quality while reducing we have the world’s leading wireless in- Mr. UPTON. I want to recognize my costs. Despite bipartisan support for frastructure, and the future for unli- good friend and chairman of the Com- this approach, a long-term agreement censed innovation in the TV band is munications and Telecommunications could not be reached. I will continue to bright. Subcommittee, both GREG WALDEN and work with my colleagues on both sides b 1100 ANNA ESHOO from California, for their of the aisle to end this perennial threat The SPEAKER pro tempore. The tireless efforts to push this bill across to the promise of Medicare once and for time of the gentleman has expired. the finish line. all. Mr. LEVIN. I yield the gentlewoman No qualified bidder can be excluded I urge support for middle class fami- from the auction, and we’re not giving an additional 15 seconds. lies, for America’s seniors, and for mil- Ms. ESHOO. Public safety will have away airwaves that the taxpayers paid lions of Americans still searching for a the tools to finally build out a critical to clear. These are good, solid reforms job. I urge support for this conference nationwide interoperable broadband with clear congressional intent, and I report. network and the inclusion of provisions appreciate the hard work to get an Mr. HOYER. I yield 1 minute to the to promote and fund Next Generation agreement and advance this wireless gentleman from Virginia (Mr. MORAN). 911, which will enable the delivery of future. Mr. MORAN. I thank my good friend voice, text, photos, videos, and other I thank all my colleagues on the con- from Maryland. data to 911 call centers. ference committee. We worked to- I appreciate the work of the con- Our country has been counting on us gether, we got it done, and the tax- ferees, but I oppose this conference to make smart, bipartisan choices. I’m payer’s going to be better off. agreement, not out of concern for the proud of what we’ve accomplished and Mr. LEVIN. I yield 2 minutes to an- welfare of the tens of thousands of Fed- what it represents for American entre- other hardworking member of the con- eral employees that I represent, but preneurship, competition, and inge- ference committee, Mrs. SCHWARTZ out of concern for the welfare of the nuity. from the State of Pennsylvania. great Nation we serve. I thank my colleagues, and I urge Ms. SCHWARTZ. This conference We are blessed with the least corrupt, them to support the legislation. committee was charged with resolving most effective, least discriminatory, Mr. HOYER. I reserve the balance of differences between the House and the most responsive Federal workforce in my time. Senate so that we could extend middle the world. And yet how do we repay Mr. CAMP. I reserve the balance of class tax cuts, protect seniors’ access them? We are requiring them to in- my time. to their doctors, and extend unemploy- crease their pension contributions by Mr. LEVIN. I now yield 1 minute to ment benefits for Americans looking 400 percent, with no increase in bene- the distinguished Representative from for work. As a member of the con- fits. Maryland (Ms. EDWARDS). ference committee, I’m pleased we So we are sending them a signal: We Ms. EDWARDS. I’d like to enter into found a compromise to meet these don’t really appreciate what you’re the RECORD three letters from rep- goals and we are able to provide sta- doing. You’re expendable. It’s a signal resentatives of public employees and bility for millions of Americans. that will not be lost on the recruits retirees who are wondering why it is Action today means 160 million that we desperately need in the future, that they’ve had to sacrifice $60 billion American taxpayers will be able to let alone the hundreds of thousands, of reductions over the last decade when keep more of their hard-earned dollars. really, of Federal employees who could they didn’t create the deficit and yet These are middle class families strug- easily be making much more in the pri- they’re asked to pay for it. gling to pay their mortgages, their vate sector. THE NATIONAL food bills, child care costs, and college The whole country is going to pay a TREASURY EMPLOYEES UNION, tuition. This tax cut will better enable price for the signal that this bill sends, February 16, 2012. them to meet their obligations and and that’s why I think we should defeat DEAR REPRESENTATIVE: On behalf of the contribute to growing the economy. it. 150,000 federal employees represented by Action today means that 13 million Mr. CAMP. I reserve the balance of NTEU, I am writing to urge you to VOTE NO of our hardest working Americans will my time. on the conference report on H.R. 3630, the receive unemployment benefits and be Mr. LEVIN. I yield 1 minute to the payroll tax extension legislation. This con- better able to provide for their fami- distinguished Representative from ference report singles out one group—federal employees—to offset fully half the cost ($15 lies. California (Ms. ESHOO). out of $30 billion) of the unemployment in- There are encouraging measures of Ms. ESHOO. Madam Speaker, I rise surance extension included in the bill, while economic growth in our country, but today as the ranking member of the there are no offsets included for the payroll recovery is still fragile. We’ve had 23 Communications and Technology Sub- holiday extension.

VerDate Mar 15 2010 05:08 Feb 18, 2012 Jkt 019060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K17FE7.025 H17FEPT1 pwalker on DSK7TPTVN1PROD with HOUSE H920 CONGRESSIONAL RECORD — HOUSE February 17, 2012 Federal employees are in the second year oppose placing a full 50 percent of its cost on For these reasons, I urge you to vote of a two year pay freeze that is contributing federal employees, and forcing them to pay against H.R. 3630, and specifically to oppose $60 billion to deficit reduction. It is uncon- these insupportable rates in perpetuity. the provisions unfairly targeting federal em- scionable to come back to them for a second If there must be offsets to counter the cost ployees. $15 billion hit, while no other group has been of extending unemployment insurance, let Sincerely, asked to sacrifice. Under this agreement, them come from a group that has not al- JOSEPH A. BEAUDOIN, millionaires and billionaires continue to ready given $80 billion toward deficit reduc- President. keep their tax cuts and corporations that tion in the form of a two-year pay freeze, and I rise in opposition to the conference have shipped jobs overseas keep their tax is slated to give $28 billion more from the report on behalf of Federal workers, plan to withhold salary adjustments in the loopholes, but middle class federal employ- and I wonder where it is that we will be ees who guard our borders, keep our food and future. The millionaires and billionaires who water safe and protect our financial systems have continued to profit during this eco- able to find the next Robert Ball, who will get a 2.3% pay cut due to increases in nomic recession haven’t been asked to pay lived in my district, who was the archi- pension contributions with no increase in one nickel more in taxes. Americans con- tect of Social Security. I wonder benefits. While the payroll tax holiday ex- tinue to pay massive subsidies to oil compa- whether we will be able to find the na- tension and the unemployment insurance ex- nies as well as bail out the banks that start- tional security and intelligence spe- tension only last for the next 10 months, the ed this recession with their shady lending cialists, who live out in my district in loss to a new federal employee making practices that caused millions of Americans Collington, for the next generation. I to lose their jobs, their homes, and their sav- $50,000 a year that is $1,000 per year, every wonder, Mr. Speaker, whether we will year for the rest of their career. ings. This is not shared sacrifice, it is targeting Please stand up to this shameful maneuver be able to find the next negotiator of a one group of middle class workers for an ex- and vote to oppose the conference report. START Treaty, who lives in my dis- tremely disproportionate burden. We urge Sincerely yours, trict. We won’t be able to find them be- you to vote no on the conference report on BETH MOTEN, cause we’ve asked Federal workers to H.R. 3630. For more information, contact Legislative and Political Director. continue to sacrifice for a deficit that [email protected]. they didn’t create. Sincerely, NARFE, Alexandria, VA, February 17, 2012. With that, I would just say, please COLLEEN M. KELLEY, let’s vote against this legislation, vote National President. HOUSE OF REPRESENTATIVES, Washington, DC. against the conference report. Support AMERICAN FEDERATION OF DEAR REPRESENTATIVE: On behalf of the 4.6 Federal workers and the talented GOVERNMENT EMPLOYEES, AFL–CIO, million federal employees and annuitants workforce that we have, for future gen- Washington, DC, February 16, 2012. represented by the National Active and Re- erations. DEAR REPRESENTATIVE: On behalf of the tired Federal Employees Association Mr. CAMP. I yield 2 minutes to the American Federation of Government Em- (NARFE), I am writing to urge you to oppose distinguished gentleman from Oregon ployees, AFL-CIO, which represents 650,000 H.R. 3630 because of its cuts to federal retire- ment benefits. (Mr. WALDEN). federal workers throughout the nation, I am Mr. WALDEN. Mr. Speaker, I rise writing to urge you to vote against the Pay- President Obama has already imposed a roll Tax Holiday/Unemployment Insurance two-year pay freeze and proposed only a mar- again to support this legislation. extension conference report that pays for the ginal pay raise for 2013, that together save Once again, we’re reading about how latter by taxing the working and middle about $88 billion. H.R. 3630 would force newly troubled the economy is. This is the class Americans who make up the federal hired federal employees to pay 2.3 percent weakest recovery since the Great De- workforce. Forcing new federal employees more, permanently, for retirement benefits. pression. It is certainly the kind of (hired after 2012) to pay an additional 2.3 per- This would save $15 billion, for a total budg- economy we all want to improve. cent of their incomes to cover the cost of et savings from federal employees of $103 bil- The underlying piece of this legisla- lengthening the period of eligibility for Un- lion over 10 years. No other group of Ameri- tion frees up spectrum that will gen- cans has been asked to sacrifice in this way. employment Insurance is not a compromise erate hundreds of thousands of jobs as and it is not a form of shared sacrifice. I urge you to stop singling out federal em- For a GS–3 nursing assistant earning ployees for unfair cuts. 4G is built out. They need spectrum to $27,322 while working in a VA hospital psy- Even more importantly, these actions un- build out 4G. This provides spectrum. chiatric ward, this will be a $628 annual tax dermine the federal government’s ability to This is a voluntary incentive auc- increase. For a GS–5 USDA meat and poultry attract and retain the highest level of skilled tion, so nobody is being for forced off inspector earning $31,825 while protecting talent it needs to deal with the challenges the airwaves; but they have the oppor- Americans from E. Coli and other deadly dis- facing us. Singling out federal employees for tunity to leave the airwaves and then eases caused by contaminated meat, this will disparate treatment threatens to do perma- repack the bands and then make this be a $732 annual tax increase. For a GS–7 fed- nent harm to a federal civil service critical to meeting the increasingly complex and spectrum available. People say, What eral penitentiary correctional officer earning is that? That’s what powers your de- $38,790 while guarding ruthless gang leaders deeply important tasks of government. At a in dangerously understaffed institutions, time when more is being asked of our gov- vices, whatever you have on whichever this will be an $893 annual tax increase. In ernment, the American public deserves an hip, your iPad, your Android, whatever short, this ‘‘deal’’ is an outrageous injustice engaged and efficient workforce, not one needs this spectrum. In the process, it that deserves the vociferous opposition of that members of Congress characterize as will generate $15 billion from the pri- every Member of Congress with a conscience. the source of our country’s problems. vate sector into the government by Please note the following: Federal employees ensure that the food we eat and the water we drink are safe; they auctioning off this spectrum to help The extension of unemployment insurance pay for the middle class tax cut and is temporary, but the additional 2.3 percent protect our borders and our airways; they tax on new federal employees in this bill take criminals off our streets and keep them pay for unemployment extension and would be permanent. behind bars and they care for our veterans the doc fix. The 2.3 percent tax on new federal employ- and provide the intelligence needed to Now, we would have, on our side of ees will go to a retirement trust fund that is thwart terrorism. Day after day, they per- the aisle, preferred a 2-year fix for our already fully funded; it is not to address any form the tasks needed to maintain the sta- physicians taking care of seniors on kind of shortfall in federal retirement fi- bility and security of our country. The con- Medicare, but that was not to be, and nancing. stant assault on the federal workforce will we know that. But we could not let According to the Bureau of Labor Statis- only undermine the strength of our govern- tics’ data on private sector defined benefit ment and the welfare of our nation. them fall off the cliff and see their re- plans, 96 percent of employers require no President John F. Kennedy once said: ‘‘Let imbursement rates cut 27.4 percent. funding contribution from their employees, the public service be a proud and lively ca- So contained in here are solutions but this plan would force new federal em- reer. And let every man and woman who both for the long term and short term ployees to pay 3.1 percent of their incomes works in any area of our national govern- we’re going to have to revisit. for this modest benefit. ment, in any branch, at any level, be able to But the other thing we did that’s This plan is entirely unfair, unnecessary, say with pride and with honor in future really important is we’re going to build and undeserved. years: ‘I served the United States Govern- out an interoperable public safety There is simply no legitimate rationale for ment in that hour of our nation’s need.’ ’’ We broadband network for our first re- imposing this tax on federal employees. Fed- are proud of the service we have given to this eral employees are extremely sympathetic to country, and we ought to instill that same sponders. Our brave men and women, the dire situation of the long-term unem- pride in the next generation of public serv- public servants, police and fire, will fi- ployed. We strongly support the extension of ants. Sadly, that is not what is happening nally have this Congress answer the unemployment benefits, but we absolutely today. call that has been pending since 9/11.

VerDate Mar 15 2010 05:13 Feb 18, 2012 Jkt 019060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\A17FE7.018 H17FEPT1 pwalker on DSK7TPTVN1PROD with HOUSE February 17, 2012 CONGRESSIONAL RECORD — HOUSE H921 Post-9/11, they said you’ve got to get The doctors will have a short period looking for work who can’t find it. We our public safety people an interoper- of time to have some confidence that have worked so hard—so hard—to de- able broadband network, and it didn’t they will be compensated to serve fend and to preserve the lifeline of un- get done until now. So when you vote Medicare patients over the next 10 employment insurance as best we for this legislation, you’re voting to months. could; and essentially it does preserve help your public servants and police The only people asked to pay for it in major ways through the rest of and fire finally have the tools to keep that, as I said before, are Federal em- this year. For seniors, we have made them safe and do their jobs. ployees. That is why I took this 20 min- sure that health care and their physi- Mr. LEVIN. How much time is there utes, to say to each and every one of us cians are available. for each? in this House, first of all, Federal em- With respect to differing points of The SPEAKER pro tempore (Mr. ployees ought not to be the piggy bank view, I strongly urge support for this WOMACK). The gentleman from Michi- out of which you pretend that we’re conference committee report. It is said gan has 3 minutes remaining, the gen- going to be able to pay the deficit. it isn’t perfect, and it is often said no tleman from Maryland has 1 minute re- That’s wrong. It’s not been rec- bill is perfect; but we have worked to maining, and the gentleman from ommended by any of our groups. preserve the basic ingredients to pro- Michigan in support has 43⁄4 minutes re- I’ve had the opportunity of working mote economic growth and to preserve maining. with Mr. CAMP, who, in my view, is a the unemployment insurance so crit- Mr. LEVIN. I yield now 1 minute to very conscientious Member of this ical for the unemployed of this coun- the very distinguished Representative body. I’m glad that he’s the leader. Ac- try. and a leader in our caucus, the gen- tually, I wish Mr. LEVIN were the lead- I yield back the balance of my time. tleman from South Carolina (Mr. CLY- er, because he’s of my party. But since Mr. CAMP. I yield myself such time BURN). my party is not in control, I’m glad as I may consume. This conference report extends the Mr. CLYBURN. Mr. Speaker, I thank that Mr. CAMP leads it, a reasonable payroll tax cut to 160 million working my friend for yielding me the time. person. Americans. It prevents a cut in physi- Mr. Speaker, I support this com- Ladies and gentlemen of this House, cian payments through the end of the promise because it ensures that we will America must know that we all need to year so that seniors can get the med- be able to continue tax cuts for mil- contribute. The Federal employee has ical treatment and care that they need lions of American workers, and it pre- paid $60 billion over the last 24 months, serves vital benefits for unemployed under Medicare. over the next 10 years already. This This represents about $800 for work- Americans that are essential for the year, they will have their pay reduced overall economy and safeguards sen- ing families in America over the next from what the law requires another $30 10 months. Most importantly, this iors’ access to their doctors. billion. That’s $90 billion. Forget about While I will vote ‘‘yes,’’ this agree- agreement includes no job-killing tax this bill. Forget about the highway bill ment is not perfect. I have serious ob- hikes to pay for more government which says $44 billion in additional re- jections to the continuing demoniza- spending. The deficit spending on un- duction in benefits. It’s $134 billion tion of public servants in the Federal employment stops with this legisla- that’s on the table. It hasn’t passed, Government. We should not keep cut- tion. This agreement firmly establishes but it’s on the table. ting their pay and benefits while refus- that extensions of unemployment bene- Let us, as conscientious Members of ing to ask the top 1 percent to pay one fits must be paid for. this Congress, as representatives of our penny more. Federal employees have This legislation also includes some of people, come together and have a plan sacrificed now, and they should be the most significant reforms to unem- that does not require nickel-and- given time to share in the sacrifices. ployment since the 1930s—job-search diming of Federal employees, nickel- All of us should. requirements, drug screening and test- and-diming of doctors, nickel-and- I’m also disappointed that this bill ing, reemployment programs. These diming of Medicare patients, and nick- cuts money for prevention which is so are all critical for work readiness and el-and-diming of America. Let us come important to the health of all Ameri- for reemployment, and these are essen- together and do what America knows cans. Mr. Speaker, I believe that an tial reforms to the unemployment sys- what needs to be done. ounce of prevention is worth a pound of tem. We also reauthorize Temporary I yield back the balance of my time. cheer. Assistance for Needy Families with Mr. HOYER. I reserve the balance of b 1110 this legislation; but while doing so, we make reforms to that program, as well, my time. Mr. LEVIN. How much time is left Mr. CAMP. I reserve the balance of by closing the loophole that allowed for Mr. CAMP and myself? welfare funds to be accessed at ATMs my time. The SPEAKER pro tempore. The gen- Mr. LEVIN. I reserve the balance of and in strip clubs, liquor stores, and tleman from Michigan has 2 minutes my time. casinos. Mr. CAMP. If we’re prepared to close, remaining, and the gentleman from The government spending in this bill I will yield 1 minute to the distin- Michigan on the proponent’s side has is fully offset. Reductions to 3 guished gentleman from Maryland. 3 ⁄4 minutes remaining. ObamaCare pay for more than half of Mr. HOYER. I yield myself 1 minute. Mr. LEVIN. I yield myself the bal- the health spending in this legislation. The SPEAKER pro tempore. The gen- ance of my time. This also restores to the Congress a tleman from Maryland is recognized I think this has been a healthy dis- process dating back to our Founding for 2 minutes. cussion, and I think all of us respect Fathers. They knew that, at times, Mr. HOYER. I thank my friend the very much the positions that have been government would be divided and that Speaker. I’m glad that he’s in the put forth. I think we need to look at we wouldn’t always agree. This agree- chair. He and I have worked together where we came from. ment was debated in public while using because we understand what needs to The main bill before the conference that time-honored process. be done in order to meet the fiscal cri- committee was the bill that passed on With that, I urge all Members to sup- sis that confronts our country. All of a partisan basis here in December. It port this bipartisan House-Senate con- us need to participate—not just our essentially would have countermanded ference agreement, and I yield back the Federal employees, but all of us. the effort at continued economic balance of my time. In the short term, we need to do what growth through the payroll tax bill. It Mr. WOLF. Mr. Speaker, what are we this bill does: would have required very inimical pay- doing? 160 million people will get an extra fors. It would have threatened the pay The bill before us today, which would ex- thousand dollars that hopefully will of 160 million people. That bill also tend the expiring payroll holiday for 10 more help build our economy, create jobs, would have drastically cut unemploy- months, exemplifies all that is wrong with and expand opportunity for our people; ment insurance. Washington. No wonder the American peo- The unemployed will make sure that Cutting unemployment insurance is ples’ faith in Congress is at an all-time low. they’ve had that safety net that is crit- not reform. It is not reform. People First, the agreement steals $93 billion from ical for them and their families; have worked for it. These are people the Social Security Trust Fund to pay for a 10-

VerDate Mar 15 2010 02:32 Feb 18, 2012 Jkt 019060 PO 00000 Frm 00017 Fmt 4634 Sfmt 9920 E:\CR\FM\K17FE7.028 H17FEPT1 pwalker on DSK7TPTVN1PROD with HOUSE H922 CONGRESSIONAL RECORD — HOUSE February 17, 2012 month extension of a temporary program that system was created in 1935. For example, in While there are many federal employees in was supposed to expire two months ago. 1950, the average American lived for 68 years the Capital region, it is worth noting that more Second, there is no offset for this new and 16 workers supported one retiree. Today, than 85 percent of the workforce is outside of spending. It adds $93 billion to the deficit this the average life expectancy is 78 and three Washington. Eighty five percent. More than 65 year—money we will have to borrow from workers support one retiree. Three and a half percent of all federal employees work in agen- countries like China, which is spying on us, million people received Social Security in cies that support our national defense capabili- taking our jobs and has terrible record on 1950; 55 million receive it today. ties as we continue to fight the War on Terror. human rights. Every day since January 1, 2011, over Has anyone fully considered the impact that Third, this bill only asks for sacrifice from a 10,000 baby-boomers turned 65. This trend this legislation will have on our ability to recruit small number of Americans—federal employ- will continue every day for the next 19 years. qualified individuals to the CIA, the NSA, the ees and postal workers—to pay for the unem- Do these numbers sound sustainable to any- National Reconnaissance Office and the Na- ployment insurance extension and the Medi- one? tional Counter Terrorism Center? care ‘‘doc fix.’’ The Social Security Actuary has said that by Or the impact it will have on the FBI, which Fourth, this ‘‘holiday’’ has proven to have lit- 2036 the trust fund will be unable to pay full has, since 9/11, disrupted scores of terrorist tle impact on economic growth and job cre- benefits. This means that everyone will re- plots against our country? ation, while significantly growing our deficit. ceive an across-the-board cut of 22 percent, Or the impact on our military, which is sup- Finally, the House Appropriations Com- regardless of how much money they paid into ported by federal employees every day on mittee led efforts to cut $95 billion in spending the system. military bases across the Nation? in the 2011 and 2012 fiscal year appropria- Does it make sense that everyone, regard- Or the impact on VA hospitals across the tions bills. This bill undoes all of the discre- less of income, will get money from this ‘‘stim- country, which are treating veterans from tionary spending cuts achieved by the House ulus?’’ Does anyone think that Warren Buffet World War II to today? in one fell swoop. or Jimmy Buffet changed their buying habits Or the impact on the Border Patrol? Or the impact on NASA, its astronauts, en- As chairman of the Commerce-Justice- as a result of this temporary suspension? Or did General Electric’s CEO, Jeffery gineers and scientists? Science Appropriations subcommittee, I have Or the impact on NIH, and other federal re- cut $11 billion from the budgets of the Com- Immelt, the head of President Obama’s Coun- cil on Jobs and Competitiveness who recently searchers, scientists and doctors? merce and Justice departments since Repub- Federal employees are currently working licans reclaimed the majority. These were dif- shipped GE’s medical imaging division from Wisconsin to China, really benefit from this under President Obama’s two-year pay freeze ficult cuts, but necessary to start reining in our ‘‘holiday?’’ as they do their part to address our deficit. But unsustainable deficit and debt. And they will We all know what needs to be done to ad- to ask them to spend the rest of their careers be completely undone after today’s vote. dress the deficit and debt and that is why I paying for a 10 month policy? That doesn’t Have we already forgotten the debates over have supported every serious effort to resolve make sense. the deficit last year? this crisis, including the Bowles-Simpson rec- Leadership from both parties has said that A year ago, we hoped to consider $4 trillion ommendations, the Ryan Budget, the ‘‘Gang extending this payroll ‘‘holiday’’ is paramount. in debt reduction under the Bowles-Simpson of Six,’’ the ‘‘Cut, Cap and Balance’’ plan and I see what has happened. We all know that Commission and the ‘‘Gang of Six’’ proposals. the Budget Control Act. the President has used the power of his bully By the summer, we were voting on the Budget I also was among the bipartisan group of pulpit to push for the policy. Just look at the Control Act, which established a supercom- 103 members of Congress who urged the headline of this morning’s National Journal mittee charged with finding an additional $1.2 supercommittee to ‘‘go big’’ and identify $4 tril- Daily: ‘‘Payroll Deal Hands Victory to Obama.’’ trillion in savings over 10 years. lion in savings. I continue to work with my col- But he missed the opportunity to support his Now, the White House and Congress are leagues to advance the Bowles-Simpson re- own Bowles-Simpson Commission to seriously going in the other direction and choosing to port. I voted for the Balanced Budget Amend- deal with the deficit. spend away the $95 billion in deficit reduction ment. Since 2006, when George Bush was in The fiscal tsunami that is coming demands actually achieved last year. office, I have introduced my bipartisan legisla- that we make tough decisions. Should laws be This is shameful. tion, the SAFE Commission, multiple times in passed just because they are perceived as The American people are right to be dis- hopes of dealing with this problem. popular? I regret that months have been spent appointed that the President and the Congress While none of these solutions were perfect, on this flawed policy instead of tackling the dif- have walked away from every serious deficit they all took the necessary steps to rebuild ficult choices to address our nation’s massive reduction effort. and protect our economy. In order to solve unfunded spending obligations. They should be appalled that both sides this problem, everything must be on the table There is never a convenient time to make have joined together to spend more money for consideration: all entitlement spending; all hard decisions. The longer we put off fixing and weaken Social Security. domestic discretionary spending, including de- the problem, the worse the medicine will be This agreement is giving away the store. fense spending; and tax reform, particularly and the greater the number of Americans who And for what? A payroll ‘‘holiday’’ that most changes to make the tax code more simple will be hurt. I understand that many feel they Americans haven’t even noticed, according to and fair and to end the practice of tax ear- need help. But, as many have said, ‘‘there’s a recent nationwide poll. marks and loopholes that cost hundreds of bil- no such thing as a free lunch.’’ Our country is going broke. The national lions of dollars annually. America is living on borrowed dollars and debt is over $15 trillion and is projected to Some of the pay-fors in today’s bill could be borrowed time. We must stop leaving piles of reach $17 trillion by the end of this year and better used to address our deficit, such as the debt to our children and grandchildren. $21 trillion in 2021. We have annual deficits of profits from the spectrum auction. Another We can’t afford this debt financed spending. over $1 trillion. We have unfunded obligations pay-for that was previously proposed, and I voted no on this policy in 2010. I voted no and liabilities of $65 trillion. We are going the signed into law last December, raised the on this policy on December 13. I voted no on way of Greece. rates that mortgage lenders can charge on December 20. And I vote no today. Why are we voting to extend a policy that Fannie Mae and Freddie Mac loans. This 10 Mr. PASCRELL. Mr. Speaker, I am pleased does nothing more than steal from the Social basis point increase makes a home loan more that today, I am witnessing a glimmer of hope Security Trust Fund, which is already going expensive for thousands of individuals looking that bi-partisanship based around enacting job broke? to buy a house, while doing nothing to further creating legislation and helping the middle Social Security is unique because it is paid reform these two lending entities. But rather class is possible. This is something that has for through a dedicated tax on workers who than putting these offsets to good use, we’re been sorely missed throughout the 112th Con- will receive future benefits. The money paid spending them away for a 10–month exten- gress. today funds benefits for existing retirees, and sion of this ‘‘holiday.’’ The actions we take today will put over $90 ensures future benefits. Because you pay But the bill before us now is even worse billion into the economy. In the Garden State, now, a future worker will pay your benefits. than what was previously considered because this means $100 million into the construction That is why, until December 2010, this rev- the biggest portion, the $93 billion cost of the industry, over $285 million into manufacturing enue stream was considered sacrosanct by payroll holiday, is not being offset. Once and the creation of almost 1,500 retail jobs. both political parties. again, only a small segment of our society— More importantly, this means families in Ber- Social Security is already on an federal employees and postal workers—are gen, Passaic and Hudson counties will receive unsustainable path. Today’s medical break- being used to pay for the other measures between $1,000 and almost $1,500 directly in throughs simply were not envisioned when the wrapped into this proposal. their pockets over the course of the next year.

VerDate Mar 15 2010 02:32 Feb 18, 2012 Jkt 019060 PO 00000 Frm 00018 Fmt 4634 Sfmt 9920 E:\CR\FM\A17FE7.034 H17FEPT1 pwalker on DSK7TPTVN1PROD with HOUSE February 17, 2012 CONGRESSIONAL RECORD — HOUSE H923 While people say this isn’t a lot of real Mr. CUMMINGS. Mr. Speaker, I rise in op- Mr. Speaker, I will vote for this bill—but re- money, I will tell you, every dollar matters position to the conference report to accom- luctantly. We cannot afford for Unemployment when people are in need and every dollar pany H.R. 3630. Insurance or the payroll tax cut to expire. Still, matters to help continue our economic recov- I am very pleased that we are extending the it is my hope that in the future we can do ery. payroll tax cut through the end of the year, more to protect working families who have suf- Over the last couple of months, we’ve seen which is essential to support our continued fered from this downturn. signs that our recovery is accelerating, includ- economic recovery. Ms. EDDIE BERNICE JOHNSON of Texas. ing 23 month of private sector job growth, I am also pleased that we are providing un- Mr. Speaker, I rise today to recognize the im- 247,000 new jobs in January added, with the employment benefits to ensure that the mil- portance of extending the payroll tax cuts for highest increase in manufacturing jobs since lions of Americans have access to the benefits middle-class Americans, but with a few con- the late 1990s. This week, initial jobless they so urgently need, and that we are imple- cerns regarding the source of its funding. claims dropped yesterday to their lowest level menting the ‘‘Doc Fix’’ to ensure that seniors The recent compromise on H.R. 3630, the since March 2008, recent economic surveys on Medicare can continue to see the physi- Middle Class Tax Relief and Job Creation Act, showed strong gains in new orders, and the cians of their choice. highlights the critical need to have sensible Dow Jones is at its highest level since May That said, there are a number of provisions negotiations with the average American in 2008. in this agreement that deeply disappoint me. mind at all times. I believe that it is a success However, despite this good news, now is For example, this agreement will reduce by that this Congress was able to extend the pay- not the time to take our foot off the gas. The 30 weeks the maximum number of weeks of roll tax cut, which will provide a typical middle- President has proposed a whole list of job cre- unemployment insurance available to resi- class family with an additional thousand dol- ating ideas contained within the American dents of states with average unemployment lars in their paychecks over the course of a Jobs Act that will kick this recovery into high rates. year. For most low- and middle-class families, While the unemployment picture certainly gear, including a $5 billion fund to hire and re- a thousand dollars can go a long way to buy improved in January with the creation of tain police and firefighters, and a bold plan to food for their family, put gas in their car, and 243,000 jobs and a reduction in the unemploy- invest in American infrastructure, that stands cover minor medical expenses. ment rate to 8.3 percent, there are still 12.8 in stark contrast to the politicized and broken The payroll tax cut extension also continues million people unemployed in this nation—and bill we are debating in the House. federal Unemployment Insurance programs As we pass this legislation, we mustn’t millions more who work part-time but want full- through the end of 2012, providing job-seeking stand here and simply savor this hard fought time work. Americans additional time to find work in a For millions of our fellow citizens, unemploy- victory for the middle class, we should use it persistently sluggish economy. ment benefits are truly a lifeline. I understand that the final version of the as the foundation to further economic growth I am also deeply disappointed that the con- payroll tax bill puts off a 27.4 percent reduc- and create more jobs. ference report before us requires new Federal Mr. STARK. Mr. Speaker, I rise in support of tion in pay to Medicare doctors by making a workers to contribute more to their pensions. this bipartisan legislation to extend the payroll Our Federal employees are not a piggy handful of health care cuts. The nearly $20 bil- tax cut through 2012, delay a massive Medi- bank. We should not reach into their pockets lion cost of the so-called ‘‘doc fix’’ is covered care physician pay cut until January 1, 2013, every time we need to pay for something. largely by a $6.9 billion cut to Medicare hos- and extend unemployment benefits for long- Federal workers are the backbone of our pitals, as the federal government decreases term unemployed workers. government. how much they will pay hospitals and doctors It’s not often we get to laud bipartisan legis- In return for their hard work and dedication, when Medicare enrollees fail to pay their pre- lation these days. Nor did this bill start out that the majority has rewarded federal workers with miums and co-pays. It also slashes $5 billion way. The bill the House Republicans passed an unprecedented assault on their compensa- from a fund earmarked for preventive medi- late last year on this topic was highly partisan. tion and benefits, including proposals to ex- cine established in the 2010 health care law, While extending the payroll tax cut for a year tend their current two-year pay freeze, to arbi- cutting a third of the total money appropriated and preventing a physician pay cut for two trarily cut the number of federal employees, for the fund under the law. years, it achieved those goals by shifting costs and now to slash their retirement benefits. Mr. Speaker, President Obama has already to Medicare beneficiaries and undermining As a result of the current freeze in their pay, imposed a two-year pay freeze and proposed low-income financial assistance in the Afford- Federal workers have already contributed $60 only a marginal pay raise for 2013, which to- able Care Act. It extended unemployment ben- billion toward the reduction of our Federal def- gether save about $88 billion over ten years. efits, but the price for that extension was cut- icit. I am concerned that H.R. 3630 would force ting off benefits for the long-term unemployed They are now being asked to pay for unem- newly hired federal employees to pay 1.5 per- and mandating onerous new rules such as ployment insurance and the ‘‘Doc Fix’’ while cent more, permanently, for retirement bene- drug testing and GED requirements. It was we still refuse to ask millionaires and billion- fits. This would save $15 billion, for a total standard Republican fare—give with one aires to contribute one additional penny. budget savings from federal employees of hand, but take away more with the other. It is time we stop the assault on our Federal $103 billion over 10 years. No other group of After an embarrassing debacle to end 2011, workforce. We must implement policies that Americans has been asked to sacrifice in this House Republicans backed down. Now, with will ensure that our investments in our nation way. I worry that this action would undermine today’s legislation, they’ve backed down even are a shared national priority. the federal government’s ability to attract and more. That’s good news for working families, Ms. VELA´ ZQUEZ. Mr. Speaker, we have retain the highest level of skilled talent it Medicare beneficiaries, and unemployed work- before us a less than ideal piece of legislation. needs to deal with the challenges facing us. ers. But don’t be fooled that they’re suddenly All of us recognize it is vital the payroll tax cut Singling out federal employees for disparate ready to govern. They are not. be extended. This cut has put money in the treatment threatens to do permanent harm to They recognized the political risk of not en- pockets of 160 million Americans—17 million a federal civil service critical to meeting the in- acting this legislation and then reluctantly of them in the tri-state New York area. These creasingly complex and deeply important tasks came to the conclusion that they had to work consumers—indeed our entire economy—can- of government. with Democrats to get this done. not afford for this measure to lapse. Mr. PENCE. Mr. Speaker, I rise in support Once this bill passes, they’ll go right back to At the same time, this bill does not go far of the conference report on H.R. 3630, the the issues they really care about: lambasting enough in helping those who have been hurt Middle Class Tax Relief and Job Creation Act President Obama for creating a solution that by the recession. Millions of Americans are of 2011. protects religious institutions while providing seeking employment but still cannot find it. In- I have never believed in short-term tax pol- free contraceptives to American women; trying deed, our economy would need to create icy because uncertainty is the enemy of pros- to require the building of the Keystone pipeline 230,000 jobs each month—for two years—to perity. For that reason I have authored the across our country—putting our environment regain all the jobs lost since December of Tax Relief Certainty Act which would make at risk—in order for Canada to export oil to 2007. This bill makes it more difficult for out- permanent the tax cuts established in 2001 other countries; and pursuing the most par- of-work Americans, by shortening the amount and 2003, repeal the estate tax, and provide tisan transportation authorization bill in his- of time they may receive unemployment bene- permanent relief from the Alternative Minimum tory—one that actually defunds mass transit fits to 73 weeks. At the same time we cut Tax. and eliminates vital safety programs. All the these benefits, our Republican colleagues in- While I would have preferred this con- while, doing nothing to create jobs or strength- sist on protecting those ‘‘vulnerable million- ference report was more than another piece- en our economy. aires’’ who continue receiving tax cuts. meal approach to tax relief, the question we

VerDate Mar 15 2010 03:11 Feb 18, 2012 Jkt 019060 PO 00000 Frm 00019 Fmt 4634 Sfmt 9920 E:\CR\FM\A17FE7.035 H17FEPT1 pwalker on DSK7TPTVN1PROD with HOUSE H924 CONGRESSIONAL RECORD — HOUSE February 17, 2012 face today is whether this Congress is going people to strengthen our workforce for middle true economic emergencies and should not re- to avoid a tax increase on working families. class families. quire offsets. And to the extent we should off- During these difficult economic times I believe Mr. COURTNEY. Mr. Speaker, I voted in set the cost of the other programs extended in that we should not allow a tax increase on favor of the conference agreement on the Mid- this measure, we should do so by asking cor- working families, and therefore, I will support dle Class Tax Relief and Job Creation Act of porations and the wealthiest Americans to pay this bill. 2012 because I believe it is necessary for our their fair share—not by asking middle-class I am pleased that this conference report in- nation’s continued economic recovery, which Americans and providers of health care who cludes important reforms in unemployment still remains fragile. Economists of every stripe have already sacrificed in the name of deficit benefits. As I travel around Indiana, small have endorsed the three major components of reduction to do even more. business owners in one community after an- the bill which will provide some additional con- I’m particularly troubled by the demonization other have told me about the need to reduce fidence for both consumers and business. of federal workers by Republicans in Con- dependency on unemployment insurance. I However, I have serious concerns about parts gress, which has reached a crescendo of late. believe we can provide a safety net for those of the compromise, chiefly the lack of a per- To be effective and respond to the needs of who have fallen on hard times while at the manent repeal of the sustainable growth rate the American people, government needs to at- same time protecting the incentive to work. (SGR) formula and the funding sources for the tract the best and brightest to public service. This legislation takes an important first step ten-month SGR ‘‘patch.’’ Federal employees have already been sub- toward reforming unemployment insurance by Medicare cuts to community hospitals and jected to a pay freeze, and now we are asking reducing the maximum number of weeks of skilled nursing facilities included in the com- them to open their wallets again to pay for un- eligibility for benefits based on a state’s unem- promise threaten the already thin financial employment benefits for workers who have ployment level and creating national job margins these institutions are operating on. lost their jobs. search requirements for everyone collecting Also included in the compromise is the elimi- I cannot in good conscience oppose a state and federal unemployment insurance nation of $5 billion from the Prevention and measure that puts money in the pockets of benefits. I am also pleased that this con- Public Health Fund created by the Affordable American workers, protects our fragile eco- ference report contains language that will not Care Act. These cuts will stifle progress on nomic recovery, and maintains the safety net interfere with Indiana’s efforts to return the disease prevention which in the long-term is for unemployed workers and health care for state’s unemployment trust fund to solvency. the best way to reduce health care spending. seniors. But we simply must do better if we The deal before us today is nothing to write And, the fact that these programs will be cut are to maintain the promise of expanding op- home about, but it does avoid a tax increase to pay for a short term fix of a broken SGR portunity for working and middle class Ameri- on working families during these difficult eco- formula that was passed into law nearly two cans. nomic times and starts us down the road to- decades ago and has proven to be totally in- Mr. TOWNS. Mr. Speaker, I rise today to ward unemployment insurance reform—and I feasible, is particularly galling. express my concerns with a health provision urge my colleagues to support it. While the window of opportunity to repeal in the Payroll Tax Compromise. Even though Mrs. MALONEY. Mr. Speaker, I commend the SGR permanently in this package has we have successfully protected Medicare my colleagues for reaching an agreement on passed for now, Congress still has an obliga- beneficiaries from significantly increased pre- a longer term extension of the payroll tax cut. tion to enact a permanent fix to this flawed miums on Medicare patients with incomes While this bill is not perfect, it does provide policy when the ten-month fix expires. We below $40,000, and prevented attempts to un- the average American middle-class family with know now that the longer a permanent fix is dermine the Affordable Care Act’s mission of an additional $1,000 over the year through the delayed, the more precarious our system of expanding coverage to millions of Americans, payroll tax cut extension, it continues Unem- care for seniors and veterans will become. On the Payroll Tax compromise still contains pro- ployment Insurance through the end of the a positive note, growing bipartisan, bicameral visions that will hurt middle-class and eco- year, and prevents cuts in Medicare physician support for abolishing the SGR is building, nomically disadvantaged Americans. Specifi- payment rates. More than 160 million Ameri- paid for with savings from the Overseas Con- cally, I am concerned about the inclusion of cans will benefit from the payroll tax extension tingency Operations (OCO) funds. The Con- cuts to Medicare laboratory services. Under and millions of seniors using Medicare will be gressional Budget Office has confirmed these this legislation, clinical lab payment rates will able to continue to see the doctor of their funds are available which provides a prom- be cut by an additional 2 percent in 2013, on choice. ising opportunity in the coming months to re- top of the cuts that were included in the health Despite the assistance this legislation will peal the SGR finally once and for all. reform law. These new cuts also rebase the provide to millions across the country, I have Fixing this long standing problem must be a lab fee schedule, resulting in lower rates for reservations about a number of problematic bipartisan priority for this Congress. I look for- clinical lab services for years to come. provisions. The Republican Majority continues ward to working with my colleagues on both In some independent clinical laboratories, to put the burden of the recession on Federal sides of the aisle towards a permanent solu- especially those serving rural communities or public servants. By requiring an increase in re- tion to the SGR that gives our doctors, seniors nursing home populations, 80 percent or more tirement payments by new employees, this and veterans the long term certainty they of their patient-base consists of Medicare legislation further undermines the Federal need—and deserve—in their care. beneficiaries. The cuts being faced threaten Government’s ability to attract and retain the Mr. PRICE of North Carolina. Mr. Speaker, their practice’s existence and no additional best talent. The vital services provided by the I am proud to stand with the President and cuts—big or small—can be absorbed without more than 2 million civilian employees cannot working Americans today by supporting this adversely impacting patient care. Medicare be compromised. It is time this Congress rec- measure, which will add an average of $1,000 payment amounts for clinical laboratory serv- ognized the service that Federal employees to the paychecks of working North Carolinians ices have already been reduced, in real terms, provide to our senior citizens and the disabled, this year, extend unemployment benefits for by about 40 percent over the past 20 years. to our military service members and veterans, Americans who have lost jobs through no fault While clinical laboratory testing is less than 2 and to our overall safety and health. In addi- of their own, and ensure seniors on Medicare percent of all Medicare spending, it has been tion, the reduction in weeks of unemployment will be able to see their doctors. After a year subject to significant freezes in payments and insurance benefits starting in May will put a in which Republicans in Congress took the cuts over the last decade. hard burden on some of America’s hardest hit country from one manufactured crisis to the Clinical laboratories are an important part of families. Lastly, the cuts to reimbursements for next, this bipartisan agreement is a step in the the health care system. Their tests inform up hospitals who serve large numbers of un-and- right direction and at a time when so many to 70 percent of a doctor’s medical decision- under-insured patients will put the load of the families are still struggling to make ends meet, making. As the first point of intervention, lab- cost directly on the hospitals providing care. it may be our last chance to help revive the oratory tests serve as the foundation for the Despite these concerns, I support this bill economy as we head into an election year. diagnosis and clinical management of condi- today because the extensions help this coun- Once again, however, House Republicans tions like heart disease, cancer, diabetes, kid- try continue on a path of job creation and eco- are asking us to rob Peter to pay Paul, and ney disease, and infectious diseases. These nomic growth. We are well in to the second the positive economic impact of this measure clinical laboratories do more than just draw a session of the 112th Congress and still my will be undermined in part by their senseless person’s blood. They are a major part of the colleagues on the other side have failed to and misguided insistence that federal employ- medical process. bring meaningful jobs legislation before the ees, hospitals, clinical laboratories, and pre- Independent clinical laboratories also are House for a vote. It is time the Republican ventive health programs must bear the cost. essential for those who must depend on the Majority responded to calls from the American Unemployment benefits are paid out during laboratory’s mobility for testing. Medicare

VerDate Mar 15 2010 03:11 Feb 18, 2012 Jkt 019060 PO 00000 Frm 00020 Fmt 4634 Sfmt 9920 E:\CR\FM\A17FE7.040 H17FEPT1 pwalker on DSK7TPTVN1PROD with HOUSE February 17, 2012 CONGRESSIONAL RECORD — HOUSE H925 beneficiaries in nursing homes rely upon the $93 billion cost for ten months of this policy tem of governance runs smoothly, that our air- services provided by independent clinical lab- makes clear we cannot afford to continue it for ways, roadways, ports, and food are safe. oratories that can deploy medical profes- the long term. Our focus on Social Security These dedicated civilian employees are paid sionals to their place of residence. If these should be reforming it to ensure its viability for less than they would be in the private sector. laboratories continue to have their Medicare those who have paid in, not infusing it with Their reward for these dedicated federal serv- payments cut, not only will jobs be lost, but hundreds of billions of additional dollars we ants is for the Republican led House to use patients will suffer. don’t have. their pay and their benefits as a piggy bank, I urge my colleagues on both sides of the However, H.R. 3630 allows Americans to instead of issuing a surcharge on the wealthi- aisle to repeal these cuts. continue to keep more of their paychecks for est among us, a simple 1 percent increase in Mr. HASTINGS of Florida. Mr. Speaker, the rest of the year in this delicate economy. taxes on those who earn over one million a today I voted against the Conference Report This bill also contains important reforms to year. Instead, we are targeting the federal to accompany H.R. 3630, but within this legis- Medicare and unemployment insurance and worker. lation, there are provisions that I do support. ensures this new, current spending is paid for. Under Republican pressure the fate of 315 I support giving a payroll tax cut to 160 million We cannot indefinitely pay out 99 weeks of million Americans will be borne by the 2 mil- Americans, extending unemployment insur- unemployment benefits, and this bill begins lion federal civilian workers who serve them. ance to those Americans who have lost their phasing out these extended benefits. While I To be clear, federal employees will be the only jobs through no fault of their own, and to allow would prefer we permanently reform Medicare, people paying for this bill. seniors access to their doctors under Medi- this conference report ensures seniors have Again, under a Republican led House, Re- care. But there is a damaging aspect of this access to care through the end of the year by publicans have continued to use federal civil- bill that will affect the pensions of future fed- addressing physician reimbursement rates and ian employees as a piggy bank. Which in eral employees. other payment issues while laying the ground- many ways is an attack on the fabric of the This bill raises an additional $15 billion to work for permanent payment reform. We also middle class. extend unemployment insurance coverage by reform federal employee benefits and will ex- In this Congress alone the federal workforce requiring federal employees to contribute a pand access to wireless broadband through has already contributed $80 billion to deficit larger amount to their retirement accounts. this bill. These are important accomplishments reduction. This was done by freezing their Federal employees are currently in their sec- worthy of support. pay, preventing two cost of living increases, ond year of a pay freeze while my colleagues Because of these achievements, I ask my and other measures. Which is really code for across the aisle only a few short weeks ago colleagues to support H.R. 3630. I also ask what a federal employee is making today is voted to freeze federal employees’ pay for a we continue our work to permanently reform less than what she was making two years ago third year. Republicans don’t think twice about both the tax code and our entitlement pro- (when you adjust for inflation). limiting federal workers’ ability to support their grams to provide Americans the long-term cer- Federal workers are highly skilled, highly families, but are more than willing to shut tainty they need, rather than continuing our re- trained, and highly educated. We must re- down the government when bankers are liance on piecemeal legislation. member that none of the laws that we pass asked to pay their fair share of taxes on their Ms. JACKSON LEE of Texas. Mr. Speaker, here today will make a difference without hav- bonuses. I rise today in support of the Conference Re- ing people around who will implement them. How much can we continue to pick on fed- port on H.R. 3630 ‘‘Middle Class Tax Relief My Republican colleagues appear to believe eral workers? They are not fat-cats. They are and Job Creation Act of 2011.’’ The Con- that they can continue to target federal work- postal workers, janitors, teachers, nurses, so- ference Report extends the 2 percent payroll ers without repercussions. When we are no cial workers, and police officers. When did tax cut, the Medicare SGR ‘‘doc fix’’ and var- longer able to recruit and retain the best and they become the bad guys? How much can ious Medicare and Medicaid extenders the brightest, then we can look to the measure we continue to pile on them before their backs through the end of the year. pushed by my Republican colleagues. Al- break? How much weight should the wealthi- There are currently 160 million workers who though I support many of the provisions in this est Americans, who can afford it, carry? will benefit from a payroll tax holiday and mil- bill; I must make clear I am concerned with I am also concerned that this compromise to lions of unemployed workers in desperate how this bill is constructed. extend unemployment insurance reduces ben- need of an extension of unemployment insur- FEDERAL EMPLOYEE RETIREMENT efits from 99 weeks to as little as 73 weeks ance. In addition it would prevent 170,000 I will repeat again that this conference re- through December. I hear daily from constitu- Americans from losing their health coverage. It port would require new hires into the federal ents who are approaching the end of their 99 is in consideration of the millions of Americans government to have a significantly higher por- weeks and are at a loss as to where to turn that will benefit from this legislation that I cast tion of their wages diverted to pay for their re- next. Although the economy may be starting to my vote today. tirement. recover, what are we supposed to tell those Although certain improvements have been Even though it is very uncommon in the pri- people who have been looking for a job for made to this bill that have made it more palat- vate sector for employees to contribute any months and months on end? What kind of able in the name of compromise, in compari- portion of their pay toward retirement, this compromise are they supposed to strike with son to the version offered by House Repub- conference report would require newly hired unemployment? licans, I still believe we could have done more. federal workers to contribute 3.1 percent of Furthermore, this legislation will blow a $100 Instead of a temporary fix to the Medicare their wages to pay for their pensions, a 2.3 billion hole in the deficit by not paying for the sustainable growth rate formula (SGR), com- percent increase over current levels that will measure. It is a precursor from the Repub- monly known as the Doc Fix, we could have cost even the lowest paid federal workers hun- licans for the beginning of the end of Social had a permanent solution which would have dreds of dollars per year in take home pay. Security. addressed the concerns of doctors across this This amounts to a targeted tax on middle Millions of Americans all across this nation country and the patients who utilize their serv- class federal workers like VA nurses, border are struggling and they need our help. The ices. We cannot continue to rely upon short- patrol agents, food inspectors, and wild land Republican majority would rather implement term patches that arise every few months. It is firefighters. Targeting these middle class work- policies that unfairly favor the wealthy, while time to bring certainty to our system of pay- ers again as a ‘‘pay-for’’ when the wealthiest asking the least among us to make enormous ment. We must act now—the cost to repeal Americans have not been asked to contribute sacrifices. I am sick and tired of Republican SGR today would be $300 billion. If we wait anything is unconscionable. Federal workers gamesmanship. I voted against this measure, five years that cost will double to $600 billion. have already been asked to make significant because ‘enough is enough.’ Without addressing the SGR head on and in- sacrifices. Mr. SMITH of Nebraska. Mr. Speaker, I rise stead continuing to kick the can down the As I said before, I will say again being dedi- today, with reservations, to support H.R. 3630, road, it is only making a flawed system more cated to this country they accepted a two-year the Temporary Payroll Tax Cut Continuation of costly to resolve. pay freeze (for 2011 and 2012) which has 2011. Under this Republican led House measures been a great burden to federal employees and Benefits paid out by Social Security now ex- continue to be offered that are being paid for their families who are struggling just like ev- ceed payroll taxes collected, and with no on the backs of federal workers. These work- eryone else in this tough economy. This sac- change the trust funds will run out by 2035. ers are responsible for aiding in crafting the rifice alone saved American taxpayers $60 bil- While this conference report would continue legislation that we put forward in this body. lion. our policy of replacing uncollected payroll They are responsible for implementing and Treating newly hired federal workers dif- taxes with funds from general revenue, the creating regulations that ensure that our sys- ferently than current federal employees is a

VerDate Mar 15 2010 05:08 Feb 18, 2012 Jkt 019060 PO 00000 Frm 00021 Fmt 4634 Sfmt 9920 E:\CR\FM\A17FE7.024 H17FEPT1 pwalker on DSK7TPTVN1PROD with HOUSE H926 CONGRESSIONAL RECORD — HOUSE February 17, 2012 very disturbing precedent. Federal agencies in September—depending on a state’s unem- school diploma would have had a negative im- are only able to recruit the talent they need ployment rate. This is a significant com- pact on minorities who have been hit the hard- because, though they do not pay as much, promise when considering the bill the Repub- est during this economic downturn. federal government jobs are still considered licans put forth previously which would have We need job training programs that are good jobs. cut federal UI benefits by more than half, with funded rather than penalties for those who for If we go down this path of taking away key the total number of weeks of unemployment a multitude of reasons have not attained a benefits from future federal employees that will insurance down to 59 weeks for most states high school diploma or GED. no longer be true. The days of federal agen- by the summer. Unemployed workers, many of whom rely cies hoping to attract the best and brightest I recall when making my decision about this on public transportation, need to be able to will be over. bill, the previous bill that was presented which get to potential employers’ places of work. Taking a giant symbolic step in the race to was a shining example of how the Repub- Utility payments must be paid. the bottom by undermining middle class fed- licans failed to keep their pledge to the Amer- People use their unemployment benefits to eral employees’ retirement security is unfair to ican People. A little over a year ago, Repub- pay for the basics. No one is getting rich from workers and it is bad policy. lican leadership released to the public their unemployment benefits, because the weekly I have repeatedly pushed for a surcharge on Pledge to America. In which they told the benefit checks are solely providing for basic individuals who earn over one million dollars a American people that they would ‘‘end the food, medicine, gasoline and other necessary year to pay for this bill. I offered legislation to practice of packaging unpopular bills with things many individuals with no other means that effect and in each instance, I did not gar- ‘must-pass’ legislation to circumvent the will of ner significant Republican support. This would of income are not able to afford. the American people. [Further] Instead, [Re- Personal and family savings have been ex- have protected the middle class and protected publicans] will advance major legislation one civilian workers from having to continue to hausted and 401(Ks) have been tapped, leav- issue at a time.’’ This is what my colleagues ing many individuals and families desperate bare the full brunt of the economic down turn. stated less than one year ago. So as I con- Republicans once more protected the inter- for some type of assistance until the economy sider the measure before me today, I have to est of the wealthiest among us. Using the ben- improves and additional jobs are created. The consider how far the Republicans have de- efits of future federal workers as a piggy bank, extension of unemployment benefits for the cided to come on this issue. I have no desire is just another example of the assault on the long-term unemployed is an emergency. You to gamble with the much needed assistance middle class. do not play with people’s lives when there is There is good news in this bill, the Con- that the American people today. an emergency. We are in a crisis. Just ask If there is a single federal program that is ference Report reauthorizes the Temporary someone who has been unemployed and absolutely critical to people in communities all Assistance for Needy Families (TANF) pro- looking for work, and they will tell you the across this nation at this time, it would be un- gram through the end of the fiscal year. I have same. been an ardent supporter of a TANF and al- employment compensation benefits. Unem- With a national unemployment rate of 9.1 though I believe more could be done. I am ployed Americans must have a means to sub- percent, preventing and prolonging people pleased with the compromise that was able to sist, while continuing to look for work that in from receiving unemployment benefits is a na- be reached on this point today. many parts of the country is just not there. tional tragedy. In the City of Houston, the un- Families have to feed children. UNEMPLOYMENT employment rate stands at 8.6 percent as al- Although according to the U.S. Bureau of Finally Republicans have begun to realize most 250,000 individuals remain unemployed. Labor Statics the state of Texas continues to they cannot continue to target the unem- Indeed, I cannot tell you how difficult it has have the largest year-over-year job increase in ployed. There are more than four unemployed been to alleviate the concerns of my constitu- the country with a total of 253,200 jobs. How- Americans for every job opening. Never on ents who are unemployed that there will be no ever, there are still thousands of Texans like record in our nation’s history have there been further extension of unemployment benefits. It thousands of other Americans in dire need of so many unemployed Americans out of work is clear that it is more prudent to act imme- a job. for so long. There is nothing normal about this diately to give individuals and families looking GED AND DRUG SCREENING REQUIREMENT REMOVED recession. Republicans were clearly out of for work a means to survive. This Conference In the previous Republican package which touch with the needs of American families. It Report is reflects changes that are much bet- included drug testing on those who received is about time they recognized that the Amer- ter for the American people, but it is also UI or a requirement for GED/High school Di- ican people want Members of this body to flawed measure. ploma receive. I am glad that by working with work together. Until the economy begins to create more Democrats the Republicans were able to re- I am committed to producing tangible results jobs at a much faster pace, and the various in suffering communities through legislation move these poisonous positions. I am pleased this measure has a more com- stimulus programs continue to accelerate that creates jobs, fosters minority business op- project activity in local communities, we can- portunities, and builds a foundation for the fu- mon sense approach to the unemployed, as it drops the draconian provisions which required not sit idly and ignore the unemployed, the un- ture. I believe and have been an advocate for insured, the elderly, and those with a low in- extending unemployment insurance. people to get a GED and allowed a blanket drug testing. Instead, the bill before us today come and our middle class. I am committed to Every American deserves the right to be rebuilding the American dream. I firmly believe gainfully employed or own a successful busi- permits states to drug screen and test anyone who (1) lost their job because of drug abuse, that we could have done more than what is ness and I know we are all committed to that before us today. right and will not rest until all Americans have or (2) is seeking a job that regularly requires a drug test. Further it codifies current state The SPEAKER pro tempore. All time access to economic opportunity. for debate has expired. According to a report released by the De- practices requiring those receiving unemploy- Pursuant to House Resolution 554, partment of Labor late this afternoon, 3.3 mil- ment benefits at both the state and federal the previous question is ordered. lion Americans would lose unemployment ben- level to look for a job, which is important to efits as a result of the original House GOP bill ensuring that people know this benefit is given The question is on the conference re- compared to a continuation of current law. In to them to help them while they search for port. the State of Texas alone 227,381 people will permanent income. The question was taken; and the lose their sole source of income by the end of Rather than requiring a GED or requiring Speaker pro tempore announced that January. Under this compromise unemploy- people to join an already 160,000 persons the ayes appeared to have it. ment insurance programs will be extended waiting list for job training. The measure be- Mr. CAMP. Mr. Speaker, on that I de- until the end of 2012, will be gradually reduc- fore us would allow the Department of Labor mand the yeas and nays. ing the number of weeks, and with some ad- to approve waivers for up to 10 states for re- The yeas and nays were ordered. justments in requirements. employment programs. Although this rep- The SPEAKER pro tempore. Pursu- Again, I have been a supporter of Unem- resents the beginning of the journey as a step ant to clause 8 of rule XX, this 15- ployment Insurance benefits and I am not fully in the right direction it is not the end. minute vote on adopting the con- satisfied with all elements of this provision. Al- I found the drug testing element to be one ference report will be followed by a 5- though it retains the current maximum level of of the most disturbing parts of the Republican minute vote on agreeing to the Speak- 99 weeks of total Unemployment Insurance unemployment reforms. It was an insult to the er’s approval of the Journal, if ordered. benefits through May. unemployed. Further, the requirement to insist The vote was taken by electronic de- I am disappointed that it will reduce the that to qualify for benefits that a person has or vice, and there were—yeas 293, nays maximum to 79 over the summer, and to 73 is in the process of attaining a GED or a high 132, not voting 8, as follows:

VerDate Mar 15 2010 03:11 Feb 18, 2012 Jkt 019060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\A17FE7.029 H17FEPT1 pwalker on DSK7TPTVN1PROD with HOUSE February 17, 2012 CONGRESSIONAL RECORD — HOUSE H927 [Roll No. 72] Waxman Womack Young (FL) REMOVAL OF NAME OF MEMBER Webster Yarmuth Young (IN) YEAS—293 Westmoreland Yoder AS COSPONSOR OF H.R. 1380 Wittman Young (AK) Alexander Griffin (AR) Miller, George Mr. BARLETTA. Mr. Speaker, I ask Altmire Grijalva Moore NAYS—132 unanimous consent to remove my Amodei Grimm Murphy (CT) name as a cosponsor of H.R. 1380. Andrews Guinta Murphy (PA) Ackerman Fortenberry Nugent Adams Foxx Olson Austria Guthrie Myrick The SPEAKER pro tempore. Is there Aderholt Franks (AZ) Pearce Baca Hahn Nadler objection to the request of the gen- Akin Fudge Peterson Baldwin Hanabusa Napolitano Amash Gallegly Petri tleman from Pennsylvania? Barletta Hanna Neal Bachmann Gardner Pingree (ME) There was no objection. Barrow Harper Nunes Bachus Garrett Poe (TX) Bartlett Hartzler Nunnelee Barton (TX) Gingrey (GA) Pompeo f Bass (CA) Hastings (WA) Olver Bishop (UT) Gohmert Posey Bass (NH) Hayworth Owens Black Goodlatte Quayle Becerra Heck Palazzo b 1140 Blackburn Gowdy Reyes Benishek Heinrich Pallone Bonner Granger Roby Berg Hensarling Pascrell Boustany Graves (GA) Roe (TN) RELATING TO THE MATTER OF Berkley Herger Pastor (AZ) Brooks Graves (MO) Rogers (AL) REPRESENTATIVE MAXINE Berman Herrera Beutler Paulsen Broun (GA) Griffith (VA) Rohrabacher Biggert Higgins WATERS Pelosi Buerkle Gutierrez Rokita Bilbray Himes Pence Burgess Hall Ross (FL) The SPEAKER pro tempore laid be- Bilirakis Hinchey Perlmutter Burton (IN) Harris Royce Bishop (GA) Hinojosa fore the House the following commu- Peters Capuano Hastings (FL) Ryan (OH) Bishop (NY) Hirono nication from the chair of the Com- Pitts Cardoza Hoyer Ryan (WI) Blumenauer Hochul Platts Carter Johnson (GA) Sarbanes mittee on Ethics: Bonamici Holden Polis Cassidy Johnson (IL) Schmidt Boren Holt HOUSE OF REPRESENTATIVES, Price (GA) Chabot Johnson, E. B. Schrader Boswell Honda COMMITTEE ON ETHICS, Price (NC) Chaffetz Jordan Scott (VA) Brady (PA) Huelskamp February 17, 2012. Quigley Clarke (NY) Kind Scott, Austin Brady (TX) Huizenga (MI) OHN OEHNER Rahall Clay King (IA) Sensenbrenner Hon. J B , Braley (IA) Hultgren Reed Cleaver Kingston Sessions Speaker of the House of Representatives, Buchanan Hunter Rehberg Connolly (VA) Labrador Simpson Washington, DC. Bucshon Hurt Reichert Cooper Lamborn Smith (WA) DEAR MR. SPEAKER: Pursuant to House Butterfield Inslee Renacci Costello Landry Sullivan Calvert Israel Rule XI, clause 3(b)(5) and Committee Rule Ribble Cummings Lankford Terry Camp Issa 9(e), and with the unanimous approval of the Richardson Davis (IL) Lee (CA) Thompson (CA) Canseco Jackson (IL) Committee on Ethics (Committee), I am Richmond DeFazio Lummis Thornberry Cantor Jackson Lee Rigell DesJarlais Lynch Van Hollen writing to request the appointment of six Capito (TX) Rivera Duncan (SC) McClintock Visclosky substitute Members, necessitated by vol- Capps Jenkins Rogers (KY) Duncan (TN) McCotter Walberg untary recusals, to serve for any Committee Carnahan Johnson (OH) Rogers (MI) Edwards McDermott Welch proceeding related to the Matter of Rep- Carney Johnson, Sam Rooney Ellison McKinley West Carson (IN) Jones resentative Maxine Waters (the matter) cur- Ros-Lehtinen Farenthold Mica Whitfield Castor (FL) Kaptur rently before this Committee. Roskam Farr Miller (FL) Wilson (FL) Chandler Keating Ross (AR) Filner Moran Wilson (SC) TIMING OF RECUSAL Chu Kelly Rothman (NJ) Flake Mulvaney Wolf Cicilline Kildee Prior to the end of the 111th Congress, the Roybal-Allard Fleming Neugebauer Woodall Clarke (MI) King (NY) bipartisan leadership of the Committee/each Runyan Forbes Noem Woolsey Clyburn Kinzinger (IL) Ruppersberger recognized the need to hire outside counsel Coble Kissell Rush NOT VOTING—8 to complete this matter. On July 20, 2011, the Coffman (CO) Kline Sa´ nchez, Linda Bono Mack Gosar Rangel Committee announced that it voted unani- Cohen Kucinich T. Brown (FL) Paul mously to hire Attorney Billy Martin as out- Cole Lance Sanchez, Loretta Shuler Campbell Payne side counsel to review, advise and assist the Conaway Langevin Scalise Conyers Larsen (WA) Schakowsky Committee in completing the matter. Costa Larson (CT) Schiff b 1140 A key phase of Mr. Martin’s assistance is Courtney Latham Schilling to review allegations that this Committee Cravaack LaTourette Schock Messrs. LABRADOR, GRAVES of violated due process rights or rules attach- Crawford Latta Schwartz Missouri, Ms. WILSON of Florida, ing to Representative Waters. In addition, Crenshaw Levin Schweikert Messrs. GOODLATTE, OLSON, and Mr. Martin was asked to address whether Critz Lewis (CA) Scott (SC) recusal of any Members of the Committee Crowley Lewis (GA) Scott, David HALL changed their vote from ‘‘yea’’ should be considered and when would be the Cuellar Lipinski Serrano to ‘‘nay.’’ most appropriate time for his recommenda- Culberson LoBiondo Sewell Messrs. CROWLEY, ALTMIRE and Davis (CA) Loebsack Sherman tions regarding recusal. Davis (KY) Lofgren, Zoe Shimkus Ms. WASSERMAN SCHULTZ changed Mr. Martin has informed the Committee DeGette Long Shuster their vote from ‘‘nay’’ to ‘‘yea.’’ that he has reviewed tens of thousands of DeLauro Lowey Sires So the conference report was agreed pages of documents, and has interviewed cur- Denham Lucas Slaughter to. rent and former Committee Members as well Dent Luetkemeyer Smith (NE) Deutch Luja´ n Smith (NJ) The result of the vote was announced as current and former Committee staff. Each Diaz-Balart Lungren, Daniel Smith (TX) as above recorded. current and former Committee Member and Dicks E. Southerland A motion to reconsider was laid on current employee, who was requested for Dingell Mack Speier interview, fully cooperated with Mr. Martin. Doggett Maloney Stark the table. However, Mr. Martin has advised that one Dold Manzullo Stearns Stated for: necessary witness has refused to appear vol- Donnelly (IN) Marchant Stivers Ms. BROWN of Florida. Mr. Speaker, on untarily and, when subpoenaed to testify, Doyle Marino Stutzman Dreier Markey Sutton rollcall No. 72, had I been present, I would communicated to the Committee that the Duffy Matheson Thompson (MS) have voted ‘‘yea.’’ witness would refuse to answer questions on Ellmers Matsui Thompson (PA) the basis of the witness’s Fifth Amendment Emerson McCarthy (CA) Tiberi f privilege. Engel McCarthy (NY) Tierney The witness’s refusal to answer questions Eshoo McCaul Tipton THE JOURNAL prevents the completion of the due process Fattah McCollum Tonko review. While Mr. Martin had advised that Fincher McGovern Towns The SPEAKER pro tempore. Pursu- Fitzpatrick McHenry Tsongas the most appropriate time to present his rec- Fleischmann McIntyre Turner (NY) ant to clause 8 of rule XX, the unfin- ommendations regarding recusal would be Flores McKeon Turner (OH) ished business is the question on agree- upon the completion of his due process re- Frank (MA) McMorris Upton ing to the Speaker’s approval of the view, he has now counseled the Committee Frelinghuysen Rodgers Vela´ zquez to advance that timing and consider the Garamendi McNerney Walden Journal, which the Chair will put de novo. recusal recommendations prior to consid- Gerlach Meehan Walsh (IL) ering the witness’s refusal to testify. Gibbs Meeks Walz (MN) The question is on the Speaker’s ap- As the Committee must now determine its Gibson Michaud Wasserman proval of the Journal. Gonzalez Miller (MI) Schultz next steps in this matter, Mr. Martin has Green, Al Miller (NC) Waters Pursuant to clause 1, rule I, the Jour- recommended that the leadership of the cur- Green, Gene Miller, Gary Watt nal stands approved. rent Committee/and four Members who

VerDate Mar 15 2010 03:11 Feb 18, 2012 Jkt 019060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\A17FE7.027 H17FEPT1 pwalker on DSK7TPTVN1PROD with HOUSE H928 CONGRESSIONAL RECORD — HOUSE February 17, 2012 served on the Committee in the 111th Con- end with the conclusion of the Matter of mitted perjury or knowingly made false gress consider recusal from further pro- Representative Waters. I shall remain Chair- statements in the course of his February 5, ceedings in this matter. After careful consid- man of the Committee, Representative San- 2008 deposition and/or his February 13, 2008 eration, these six Committee Members have chez shall remain the Ranking Member, and public appearance before the Committee; requested their voluntary recusal. all other recused Members will continue to Whereas as a result of the Department of REASONS FOR RECUSAL serve on the Committee for all other pur- Justice’s investigation, Mr. Clemens subse- Mr. Speaker, the record should note that poses. quently was indicted by a grand jury on one these recusal requests are not based on any Sincerely, count of obstruction of Congress in violation indication of any wrongdoing/or inappro- JO BONNER, of sections 1505 and 1515(b) of title 18, United priate partisanship by the Members. In fact, Chairman. States Code, 3 counts of making false state- Mr. Martin has advised the Committee that, The SPEAKER pro tempore. Pursu- ments in violation of sections 1001(a)(2) and to date: ant to clause 3(b)(5) of rule XI, the (c)(2) of title 18, United States Code, and 2 1. He has not discovered any evidence to counts of perjury in violation of section Chair announces the Speaker’s designa- 1621(1) of title 18, United States Code; indicate actual bias or partiality by any cur- tion of the following Members to act in rent Member or staff of the Committee; Whereas the Department of Justice has re- 2. He has not discovered any evidence that any proceeding of the Committee on quested via letter that the House voluntarily should cause a mandatory recusal of any cur- Ethics relating to the Matter of Rep- provide to it a copy of the on-the-record por- rent Member or staff of the Committee; and resentative MAXINE WATERS: tions of an audio backup file of Mr. Clemens’ 3. There is no conflict which would require Mr. GOODLATTE deposition; the disqualification or recusal of any current Mr. LATOURETTE Whereas by the privileges and rights of the Member or staff of the Committee. Mr. SIMPSON House of Representatives, an audio backup file of Mr. Clemens’ deposition may not be Instead, these recusal requests come from Mrs. CAPITO taken from the possession or control of the Members of the Committee/Who voluntarily Mr. GRIFFIN of Arkansas cooperated with Mr. Martin’s review, volun- Clerk of the House of Representatives by Mr. SARBANES tarily appeared for interviews with Mr. Mar- mandate of process of the article III courts tin, and voluntarily produced a voluminous f of the United States, and may not be pro- number of documents in their possession. DIRECTING THE CLERK TO PRO- vided pursuant to requests by the court or the parties to United States of America v. The Members requested recusal because: VIDE AUDIO BACKUP FILE OF 1. They believe that, out of an abundance Clemens except at the direction of the House; of caution and to avoid even an appearance DEPOSITION OF WILLIAM R. and of unfairness, their voluntary recusal will CLEMENS Whereas it is the judgment of the House of eliminate the possibility of questions being Mr. DREIER. Mr. Speaker, I send to Representatives that, in the particular cir- raised as to the partiality or bias of Com- the desk a resolution (H. Res. 558) di- cumstances of this case, providing a copy of the on-the-record portions of an audio mittee Members considering this matter; recting the Clerk of the House of Rep- 2. They want to assure the public, the backup file of Mr. Clemens’ deposition to the House, and Representative Waters that this resentatives to provide a copy of the prosecuting attorneys in the case of United investigation is continuing in a fair and un- on-the-record portions of the audio States v. Clemens would promote the ends of biased manner; and backup file of the deposition of William justice in a manner consistent with the 3. They want to move this matter forward R. Clemens that was conducted by the privileges and rights of the House: Now, in a manner that supports the greatest pub- Committee on Oversight and Govern- therefore, be it lic confidence in the ultimate conclusions of ment Reform on February 5, 2008, to Resolved, That the House of Representa- the Committee. the prosecuting attorneys in the case tives directs the Clerk of the House to pro- Both the Committee and Mr. Martin recog- vide for use at trial a copy of the on-the- nize that recusal is an extremely rare occur- of United States of America v. Clemens, record portions of the audio backup file of rence and should not be sought without care- No. 1:10-cr-00223-RBW (D.D.C.), and ask the deposition of William R. Clemens that ful consideration by the Members. While the unanimous consent for its immediate was conducted by the Committee on Over- Members believe that they each can render consideration in the House. sight and Government Reform on February an impartial and unbiased decision in any The Clerk read the title of the resolu- 5, 2008, to the prosecuting attorneys in the proceeding related to this matter, the Com- tion. case of United States of America v. Clemens, mittee takes this extraordinary measure—in The SPEAKER pro tempore. Is there No. 1:10-cr-00223-RBW (D.D.C.). this unique circumstance—to further the objection to the request of the gen- The resolution was agreed to. best interests of the House and to permit tleman from California? A motion to reconsider was laid on this matter to be brought to a conclusion. There was no objection. the table. VOLUNTARY RECUSAL OF SIX MEMBERS The text of the resolution is as fol- f Therefore, Members of the Committee who lows: have requested recusal are: Representative b 1150 Jo Bonner, Representative Linda T. Sanchez, H. RES. 558 Representative Michael T. McCaul, Rep- Whereas on February 5, 2008, William R. ADJOURNMENT TO TUESDAY, resentative K. Michael Conaway, Represent- Clemens voluntarily appeared in Wash- FEBRUARY 21, 2012 ative Charles W. Dent, and Representative ington, DC and was deposed by the Com- Mr. DREIER. Mr. Speaker, I ask Gregg Harper. The Committee has unani- mittee on Oversight and Government Reform unanimous consent that when the mously accepted and approved these re- of the House of Representatives in connec- House adjourns today, it adjourn to quests. tion with that Committee’s investigation Furthermore, outside counsel has discov- into the use of steroids and other perform- meet at noon on Tuesday, February 21, ered no evidence indicating bias or partiality ance-enhancing substances in professional 2012; when the House adjourns on that on the part of former Members or requiring sports, and in Major League Baseball in par- day, it adjourn to meet at 10 a.m. on the exclusion of any former Members of the ticular; Friday, February 24, 2012; and, when Committee from serving as substitute Mem- Whereas the written transcript of Mr. the House adjourns on that day, it ad- bers. However, out of an abundance of cau- Clemens’ deposition, prepared by the Official journ to meet at 2 p.m. on Monday, tion and for the same reasons as the current Reporters of the House, with an Errata Sheet February 27, 2012. Members volunteering their recusal, Mr. prepared by Mr. Clemens’ counsel included The SPEAKER pro tempore. Is there Martin has recommended that no Member as an Appendix, is the official House record who served on the Committee in the 111th of that proceeding; objection to the request of the gen- Congress should serve as a substitute Mem- Whereas this deposition and Mr. Clemens’ tleman from California? ber in this matter. In addition, for the same public appearance before the Committee on There was no objection. reasons, no current Committee staff who had Oversight and Government Reform on Feb- f previously worked on the matter will be in- ruary 13, 2008, raised significant questions volved in further proceedings in the matter. about Mr. Clemens’ truthfulness, as a result REMOVAL OF NAME OF MEMBER The Committee has taken these steps, pur- of which the then Chair and ranking minor- AS COSPONSOR OF H.R. 3086 suant to House Rule XI, clause 3(b)(5) and ity member jointly requested, on or about Mr. FRANK of Massachusetts. Mr. Committee Rule 9(e). Accordingly, I request February 27, 2008, that the Department of Speaker, I ask unanimous consent that that six substitute Members of the Com- Justice investigate whether Mr. Clemens my name be removed as a cosponsor of mittee be appointed. These substitute Mem- committed perjury or knowingly made false bers will serve the Committee only for the statements in the course of the deposition or H.R. 3086. purpose of bringing the Matter of Represent- his February 13, 2008 public appearance; The SPEAKER pro tempore. Is there ative Waters to a fair and just conclusion. Whereas the Department of Justice did in objection to the request of the gen- The service of the substitute Members will fact investigate whether Mr. Clemens com- tleman from Massachusetts?

VerDate Mar 15 2010 05:08 Feb 18, 2012 Jkt 019060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\A17FE7.032 H17FEPT1 pwalker on DSK7TPTVN1PROD with HOUSE February 17, 2012 CONGRESSIONAL RECORD — HOUSE H929 There was no objection. cans guaranteed under the First the airline, but the Federal Govern- f Amendment, outside the White House a ment sneaks in at least 11 taxes, rais- Catholic priest and Presbyterian min- ing the price to $374.95. Almost another REMOVAL OF NAME OF MEMBER ister were arrested for protesting that half of the ticket is Federal taxes. That AS COSPONSOR OF H.R. 1964 loss of religious freedom when they doesn’t even count four more taxes Ms. JENKINS. Mr. Speaker, I ask knelt to pray for the restoration of re- they add on to the airlines. unanimous consent to remove my ligious freedom. Yes, Mr. Speaker, it is The airline, when they make the name from H.R. 1964, the Conservation now illegal in the United States to ticket, all you see is the $374.95 because Easement Incentive Act of 2011. kneel and pray in front of the White the law won’t let the airlines tell the The SPEAKER pro tempore. Is there House for the restoration of religious truth about the taxation of our govern- objection to the request of the gentle- freedom. These Americans had to pay a ment. When more taxes are added, the woman from Kansas? $100 fine for exercising their religious ticket price continues to go up. Con- There was no objection. freedom in front of the White House. gressman GRAVES from Georgia has in- f Mr. Speaker, you know that if they troduced legislation to stop this non- were Occupy protesters, I guess they sense. NATIONAL THERAPEUTIC would just put a tent over them and RECREATION WEEK Let’s have transparency. Let’s see they would be immune from anything how much those taxes are on an airline (Mr. THOMPSON of Pennsylvania happening to them. But they weren’t ticket. It’s time we stop the hide-and- asked and was given permission to ad- Occupy protesters; they were there to seek with taxpayer taxes. dress the House for 1 minute and to re- kneel and pray for the restoration of And that’s just the way it is. vise and extend his remarks.) religious freedom. THE ACTUAL AIRLINE TICKET Mr. THOMPSON of Pennsylvania. Mr. Speaker, I hope we don’t go past Original Price of Ticket is $200.00 Mr. Speaker, recreational therapy em- day 7 of that loss of freedom. Plus Government Taxes: braces a definition of health which in- f Passenger Flight-Segment Tax = $3.80 cludes not only the absence of illness, STANDING WITH WOMEN OF OHIO International Departure Tax (IDT) = $16.70 but extends to enhancement of phys- International Arrival Tax (IAT) = $16.70 ical, cognitive, emotional, social, and (Ms. KAPTUR asked and was given Passenger Facility Charge (PFC) (max- leisure development. This caring pro- permission to address the House for 1 imum) = $4.50 minute.) September 11th Fee = $2.50 fession touches the lives of individuals APHIS Passenger Fee = $5.00 all across the Nation. Ms. KAPTUR. Mr. Speaker, I rise to join my sisters in the State of Ohio— APHIS Aircraft Fee = $70.75 I have personally witnessed how rec- Customs and Border Protection = $5.50 reational therapy provides independ- women elected officials, small business Immigration and Customs Enforcement ence and dignity in the lives of those owners, women activists across our User Fee = $7.00 facing life-changing disease and dis- State—to speak out against attacks on Passenger Ticket (Excise) Tax = 7.5% ability. the ability of women to get full health ($15.00) These services are provided by profes- coverage in this country. Frequent-Flyer Tax (on sale of right to Imagine, we can land an astronaut on award miles) = 7.5% ($15.00) sionals nationally certified by the Na- the Moon, we can target and eliminate Cargo Waybill Tax = 6.25% ($12.50) tional Council for Therapeutic Recre- Osama bin Laden, but we can’t seem to Total: $174.95 ation Certification as Certified Thera- figure out as a society how to make Total Price of Ticket Is $374.95 peutic Recreation Specialists. Every sure that women have full health f day, countless individuals face rebuild- choices in the insurance programs of ing lives. These individuals benefit STANDING WITH IBEW AND IN our country. from the compassionate and cost-effec- SUPPORT OF PAYROLL TAX LEG- It seems that some people just want ISLATION tive care of a Certified Therapeutic to keep women in the corner and not (Ms. JACKSON LEE of Texas asked Recreational Specialist. see the struggles that they have had in and was given permission to address Recreational therapy ultimately preventive health care, in full choice the House for 1 minute.) aims to improve an individual’s func- for the medications that they take in Ms. JACKSON LEE of Texas. Mr. tioning and keep them as active, order that they be able to live full and Speaker, I am very proud to stand with healthy, and independent as possible. productive lives. In a time when we need access to cost- You know, our grandmother had 16 IBEW in my district, the Brotherhood effective health care, I urge all my col- children. Several of them died. She of Electrical Workers, when they have leagues to support the recognition of lived to the age of 93. In those days, challenged a company that is in fact recreational therapy services provided there were almost no medications, and doing poor work in our city, so much by a CTRS specifically in satisfying more women died in childbirth than so that the city electrical inspector the inpatient rehab intensity of service soldiers were lost in World War I. had to shut them down. requirement. I think the world has moved beyond When are we going to be for our Mr. Speaker, I congratulate the car- closed thinking on women’s health. I workers and to help them? ing professionals of the therapeutic stand with my sisters in Ohio. I rise today to indicate my support recreational profession for the services for the payroll tax legislation that just f they provide every day. passed. It was, in essence, after long f SNEAKY HIDDEN TAXES ON months of negotiation and pleading for FLYING PUBLIC the 160 million people to get payroll LOSS OF RELIGIOUS FREEDOM (Mr. POE of Texas asked and was tax relief and to get those who are un- (Mr. HARRIS asked and was given given permission to address the House employed seeking work to get their due permission to address the House for 1 for 1 minute and to revise and extend in unemployment insurance. It does minute and to revise and extend his re- his remarks.) have the opportunity for 99 weeks for marks.) Mr. POE of Texas. Mr. Speaker, for those in districts that are suffering Mr. HARRIS. Mr. Speaker, it’s day 7 years the Federal Government keeps from unemployment. since the loss of religious freedom for sneaking taxes into airline tickets. The It doesn’t take any money from Americans guaranteed under the First airlines cannot put on the ticket all Medicare, doesn’t raise the benefits. Amendment. We know that last Fri- those hidden taxes because the law And certainly, it doesn’t require those day, when the final rule was issued by won’t let them do so. For example, onerous burdens of unemployment— the Department of Health, it was iden- when you buy a product, normally you GED and drug testing—except in cer- tical to the rule issued last September, know how much the product is and tain circumstances. with no further accommodations for in- then you know how much the taxes But why in the heck did we have to dividuals of faith. are, but not so with airlines. burden our Federal employees by tak- Mr. Speaker, yesterday, on day 6 of Here’s a typical ticket, Mr. Speaker. ing the skin off their back to pay for the loss of religious freedom for Ameri- It starts out with $200 that’s going to this bill?

VerDate Mar 15 2010 03:11 Feb 18, 2012 Jkt 019060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K17FE7.036 H17FEPT1 pwalker on DSK7TPTVN1PROD with HOUSE H930 CONGRESSIONAL RECORD — HOUSE February 17, 2012 Let’s respect and know that our Fed- THE IRANIAN REGIME colleague, CONNIE MACK, could become eral employees serve us. Let’s get a (Mr. DOLD asked and was given per- a grandfather. But what is shocking is better policy to be able to help Ameri- mission to address the House for 1 that our youthful and beautiful Cali- cans provide for the unemployment, minute and to revise and extend his re- fornia colleague, MARY BONO MACK, has and yet not put the pain and burden on marks.) become a grandmother. Federal employees. Mr. DOLD. Mr. Speaker, in stopping Mr. Speaker, I’m happy to announce I oppose that and will continue to op- a nuclear-armed Iran, 2012 will be as to the House that yesterday, to MARY’s pose that. But I’m glad that there are critical a year as ever, and that’s a daughter, Chianna, was born Sonny those who will get payroll tax relief fact. But we here in this Chamber William Hrabe, who, in fact, is the and unemployment relief. speak as one. With a bipartisan, unam- grandson, also, of our late colleague, f biguous voice, we can drive the con- Sonny Bono. And what is interesting to note is that, while this 8-pound, 4- CONGRATULATING DANIEL versation all around the world, and ounce baby boy was born on February QUESADA that does mean something because the United States must lead the world. It 16, February 16 was the date of his (Mr. RIVERA asked and was given is an abdication of our responsibility grandfather’s birthday, and February permission to address the House for 1 and leadership if we leave the Iranian 16 was the date of Sonny Bono’s father. minute and to revise and extend his re- threat to anyone else. So Sonny William Hrabe’s great-grand- marks.) This Iranian regime is already the father and grandfather share the exact Mr. RIVERA. Mr. Speaker, I stand leading state sponsor of terrorism in same date, February 16, the birthday before you to congratulate an out- the world. They bear responsibility for that he has. standing young leader in my commu- killing American soldiers in Iraq and So congratulations go to the parents, nity, Daniel Quesada. Afghanistan. They fuel Assad’s slaugh- Chianna and Mark, and, of course, to In December 2001, when Daniel was ter in Syria. They were behind the re- all of our colleagues and our friends only 13 months old, he was diagnosed cently foiled assassination plot right and the Bono Mack family. And we with cystic fibrosis, an inherited here on American soil in Washington, look forward to having a chance to chronic disease that affects the lungs D.C. Now imagine what they would do meet Sonny William sometime soon. and digestive system of about 30,000 under a nuclear umbrella of their own. f children and adults in the United This is why we, this Congress, and States. Today, Daniel is a fifth grade ‘‘GIT ’ER DONE’’ this administration must anticipate student at Our Lady of the Lakes what comes next. We must clearly es- (Mr. MICA asked and was given per- Catholic School and is an accomplished tablish that containment has no place mission to address the House for 1 runner who continuously finishes in at the table. Such a policy places us at minute and to revise and extend his re- the top at district races. Daniel con- the mercy of a madman, and it would marks.) tinues to amaze doctors every day with unleash unparalleled consequences the Mr. MICA. Mr. Speaker, let me speak how well he runs and his ability to ex- likes of which the world has never to transportation and what we’re doing ercise with ease. seen. This is what’s at stake. in Congress on the Republican side. Starting March 24, at Amelia Earhart The other side of the aisle, the Demo- f Park in Hialeah, Daniel will partici- crat majority, had responsibility over pate in a series of 5K races across south THE FAILED TRANSPORTATION transportation, and huge majorities for Florida, raising awareness for his fight BILL 4 years and control for 2 years of the against cystic fibrosis. I’m sure the (Mr. BLUMENAUER asked and was White House, the Senate, the House of south Florida community will go out given permission to address the House Representatives. and participate in this event and show for 1 minute.) This week the President signed it support for Daniel in his battle against Mr. BLUMENAUER. Mr. Speaker, as into law, and we got it done. As the this disease. Congress adjourns for the week for the Cable Guy says, we’re going to ‘‘git ’er Anyone interested in getting infor- Presidents Day Recess, I’m hopeful done.’’ And we’re getting her done. mation can log on to that Members will go back to their dis- But you wouldn’t know that the FAA www.runningwithdanny.com. tricts and talk to them about the failed bill was signed into law by the Presi- f transportation bill that has mercifully dent. He signed it in the dark. He failed b 1200 been pulled back from the floor. to send me even a bouquet of flowers or My Republican colleagues decided, candy on Valentine’s Day when he did THINGS MUST LOOK RIGHT TO BE for the first time in history, to put it. He didn’t want the American people RIGHT forth a partisan transportation bill, to know that we succeeded in getting (Mr. AL GREEN of Texas asked and never had a hearing, that would have legislation that is responsible for 10 was given permission to address the gutted transit. It would have reversed percent of our economy done, and we House for 1 minute and to revise and 20 years of transportation reform. It got it done without tax increases, cut- extend his remarks.) would have even eliminated the wildly ting $3,700 subsidies for airline tickets. Mr. AL GREEN of Texas. Mr. Speak- popular Safe Routes to School pro- We’re going to do the same thing with er, I rise today to speak in support of gram. the transportation bill because it will the rights of women. I do this, Mr. I would hope that they go back and put people to work and it will lower en- Speaker, because we live in a world they talk to their contractors, their ergy costs. where it’s not enough for things to be local government officials, parents, So, Mr. Speaker, there’s more, as right. They must also look right. And and the PTA to understand why those Paul Harvey said, there’s the rest of it doesn’t look right for us to conduct programs are important, why that bill the story, and that’s part of the story a hearing dealing with the rights of is flawed, why America deserves a bet- I came to tell you and the rest of the women and not, N-O-T, and not have a ter, bipartisan, visionary transpor- country and the Congress. woman on the panel. We would not tation bill to rebuild and renew Amer- f dare conduct such a hearing discussing ica and put our people back to work. THE SITUATION IN THE MIDDLE the rights of men and not, N-O-T, not f have a man on the panel. EAST It is not enough for things to be CELEBRATING THE BIRTH OF The SPEAKER pro tempore (Mr. right. They must also look right. Some SONNY WILLIAM HRABE HURT). Under the Speaker’s announced may argue that was right. I will always (Mr. DREIER asked and was given policy of January 5, 2011, the gen- argue that it was not, and that it did permission to address the House for 1 tleman from Texas (Mr. GOHMERT) is not look right. minute and to revise and extend his re- recognized for 60 minutes as the des- We must make the adjustments so marks.) ignee of the majority leader. that women can make decisions about Mr. DREIER. Mr. Speaker, it’s not Mr. GOHMERT. Mr. Speaker, a lot of their rights. difficult to believe that our Florida things going on in the Middle East, a

VerDate Mar 15 2010 03:11 Feb 18, 2012 Jkt 019060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\K17FE7.038 H17FEPT1 pwalker on DSK7TPTVN1PROD with HOUSE February 17, 2012 CONGRESSIONAL RECORD — HOUSE H931 lot of things needing to be addressed at have been able to get out and come Well, that’s a nice thing for this ad- this point. I have grave concerns about back that aren’t being held by this ob- ministration to plant in the head of the the manner in which this administra- viously anti-American government Egyptians, the Muslim Brotherhood tion is handling the things in the Mid- that has taken shape—are indicating, taking control in Egypt, that, gee, we dle East, maybe continuing with the at least those in the administration, kind of just assumed you wouldn’t policy on international affairs of this gee, we’ve got to send a bunch of want to support the treaty with Israel. administration, which is, apparently, money to Egypt, we’re going to try to Well, that allowed the Egyptian Mus- from what we see them doing, if you’ve buy them off and buy their allegiance. lim Brotherhood to say, you know been an ally to the United States, if I’ve been saying for many years now what, gee, we thought you were going you have been our friend, if you have every term since I’ve been here some- to be upset with us if we didn’t support fought with us, if you have had friends thing that should be clear to all Ameri- the treaty with Israel, but thanks for and family that fought with us and lost cans: When it comes to all this money letting us know that your assumption their lives, then this administration’s that we throw at people around the would be that when you helped us take message is we’re going to throw you world that hate our guts, that want to over that we wouldn’t support Israel under the bus and we’re going to nego- see the United States brought down, being there. tiate and help your enemy and our places where they laughed when 3,000 Great move. That was the Director of enemy. Americans were killed on 9/11, we’re National Intelligence, James Clapper. So it almost looks like the best thing sending them money. The thing I’ve He said this regarding the Muslim to do for people in the United States been saying ever since I got to Con- Brotherhood: that want help from the Federal Gov- gress is: You don’t have to pay people I would assess that they are not in favor of ernment: move to an island, declare to hate you. They will do it for free. the treaty. war against the United States, and I’ve had a U.N. voting accountability What kind of diplomatic fiasco is then this administration will send you bill that I’ve filed in each Congress. It that? all kinds of money and help, buy you got over 100 votes at one point, and We go to September 12, 2011. This an office in Qatar, all kinds of things hopefully that will continue to grow. September 12, 2011 article one day past we’re willing to do if you’re an enemy. The bill is very simple and it follows the 10-year anniversary of 9/11, and the One of the latest things to be occur- the adage that I have been saying for headline reads, Muslim Brotherhood: ring, this week we’re hearing reports all these years: You don’t have to pay Egypt-Israel Peace Treaty Needs to be from Egypt, after this administration, people to hate you. They’ll do it for Reviewed. through an ally with whom agreements free. The subtitle: Muslim Brotherhood had been signed, negotiations continue The bill is very simple. Any nation tells regional Asharq al-Awsat daily to be ongoing with Mubarak in Egypt. that votes against the United States’ peace treaty is of great importance; The man certainly wasn’t a Teddy bear position in the U.N. more than 50 per- says Israel generally does not honor by any stretch of the imagination, but cent of the time would get no money, the agreement. he had had some success in keeping no assistance of any kind from the Then they quote Mahmoud Hussein, some semblance of peace with Israel. United States. These countries are au- the group’s secretary general, as say- And yet this administration was tonomous, they’re independent, and ing: quick to tell Mubarak, as our ally, he they’re free to make whatever deci- And like the other agreements, it needs to had to get out. Kind of the way that sions they wish, but if they are going be reviewed, and this is in the hands of the President Carter failed to support an- to be anti-American and be against all parliament. other guy that was not a nice man, but of the human rights positions that we There are others in which some in a the Shah in Iran. And the Carter ad- hold dear, whether it is for religion or position of power in Egypt have called ministration also welcomed the return gender—as we see women’s rights being for the complete elimination of any from exile of a man commonly called abused so badly around the world in agreement with Israel. There are those the Ayatollah Khomeini. The Carter countries we’re pouring in money, as who have said, let’s put it up to a na- administration welcomed him as a man we see in areas in the world where we tional vote, and since the Muslim of peace. As a result of that, Americans have poured in hundreds of billions of Brotherhood is all about Israel no have lost lives and will continue to lose dollars, and yet they are doing all they longer existing and since the Muslim lives. There was nothing intentional in can to eliminate churches—some have Brotherhood has taken a slim majority that fiasco by the Carter administra- been successful—to persecute Chris- in the government there in Egypt, then tion. tians and Jews, yet we continue to it would seem that it’s likely their po- pour in money. sition would prevail. b 1210 Since we’ve seen the position of this In all of those years, the one crown- They meant well. They intended good administration being anti-religious ing glory that the Carter administra- for the country and the Middle East. here in recent days, it’s starting to tion can point to, the Camp David Ac- They just simply didn’t know what come together and make more sense cords, this administration has even they were doing. that this administration is simply thrown the Carter administration Right now we’re seeing reports this being consistent. We admire consist- under the bus, just like they have some week that the Muslim Brotherhood in ency; but when they want to send of our allies like the Northern Alliance Egypt—who certainly made clear from money to countries that persecute in Afghanistan, like those who were their actions they’re not our friends. Christians and persecute those who loyal to Americans in Iraq, like the They are certainly not a friend of want to worship freely, I guess that is Kurds in many ways in northern Iraq, Israel. They’ve been making noise for consistent with what has been done in like Israel, for example, in the manner some time that they did not intend to the President’s ObamaCare bill and the in which we’ve treated them publicly. recognize Israel, they did not want to latest pronouncement that Catholics It was May 2 years ago that this ad- keep the peace treaty with Israel. In just needed to set aside their religious ministration did what some thought fact, there is an article from February beliefs because they were inconsistent was unthinkable, that this administra- 14, 2011, by Dean Reynolds from CBS with what the President wanted done. tion or any administration would never Interactive that points out that We’ve got an article here from Feb- do, they voted with all of Israel’s en- Egypt’s influential Muslim Brother- ruary 18, 2011. This headline from Reu- emies in demanding Israel disclose hood—this was supposedly before the ters says: Peace Treaty with Israel is their weaponry, particularly nuclear Arab Spring even—never supported the Up to the Egyptian People. weapons, any that they have. We had Camp David Accords, and a leading sec- This was a year ago: never done that before. ular politician, Ayman Nur, says they Spokesman for Egypt’s Muslim For those that bother to look in the should be renegotiated. Brotherhood responds to U.S. National Old Testament or the Jewish Bible— The people that this administration Intelligence director, who said he as- the Old Testament to some of us—you has been so out front and welcoming, sumed Brotherhood was not in favor of can read the account of Hezekiah wel- sending people over there—those that maintaining peace treaty with Israel. coming leaders from Babylon. Isaiah

VerDate Mar 15 2010 03:11 Feb 18, 2012 Jkt 019060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\K17FE7.040 H17FEPT1 pwalker on DSK7TPTVN1PROD with HOUSE H932 CONGRESSIONAL RECORD — HOUSE February 17, 2012 was sent to Hezekiah and asked—he concern was the United States had of our enemy. This administration was knew the answer, but he asked promised the residents of Camp Ashraf, going to leave them high and dry, and Hezekiah, what have you done? In es- the Iranian refugees in Iraq, that we this administration has already shown sence, Hezekiah, King of Israel said: would make sure they were protected. in Iraq that that’s what happens. These wonderful leaders—of course this When Maliki’s government took over So, from President Karzai’s position, is a Texas paraphrase—these wonderful from us, he, himself, promised Camp he has got to be sitting there, going, leaders came over from Babylon and I Ashraf residents that he and his gov- They’re about to leave. The Taliban showed them all our treasure and I ernment would make sure they were has gotten stronger and stronger with showed them all our defenses, our ar- safe. Maliki promised the United Pakistan’s supplying and assisting maments. States that he would keep them safe. them. The United States Government Yet, apparently, the pressure from will not be here to protect me. Gee, b 1220 Iran and the fear that Iran has instilled maybe I’d better start being nicer to In essence, Isaiah basically said, You in the leadership in Iraq, particularly the Taliban and the radical elements in fool. Because you’ve done this, you’ll in Maliki, is so profound that since he the Pakistan Government because lose the country. knew President Obama had made clear that’s who’s going to determine wheth- Now, it has been hard for some ad- we were pulling out completely and er I stay in power or not. ministrations that took the position in that we weren’t going to be around to I found out in a meeting with some thinking, Gee, if you’re just completely protect them, to help them, and that Afghan officials from the Northern Al- open, as Hezekiah was, about our de- we were getting out completely and liance—and then I’ve done subsequent fenses and what all we have, if you that we were not going to be around to research since—that the Government bring people on and let them review make sure that our investment of of Afghanistan has about a $12.5 billion your nuclear submarines, if you let American lives and treasure was not budget. They, themselves, collect them see the abilities we have, if you wasted—we were pulling out, leaving enough revenue—taxes and whatnot— bring them into our military bases and everything to him, going to leave ev- in Afghanistan that they’re able to show them how we operate, and if you erything to chance despite the invest- supply about $1.5 billion of their $12.5 show them our tactics, that they’ll just ment—Maliki showed no gratitude. In billion budget. The rest comes from all of a sudden fall in love with us, and fact, he showed hostility. other countries, and most of that is that it will make us stronger. In fact, when our group of five bipar- from the United States. The lesson throughout history, in- tisan Members of Congress was flying It was interesting traveling around cluding the one Hezekiah and his sons out on one of the luxurious C–130s—I Afghanistan before New Year’s and had to learn the hard way, is that you am prone to sarcasm. The C–130s are no after New Year’s and going to forward don’t show your enemies all your de- better than they were when I was in operating bases, talking to some of our fenses. You don’t climb into political the Army 30 years ago. You’re sitting troops. We’ve got some terrific folks on relationships with those who want to on web seating just like the para- the ground over there, but there is a destroy you, with those who want to troopers used back then—and still problem. Those of us who majored in history know and those of us who have destroy your best friends. It’s not a use—and the back end opens down. bothered to read any history have good message. They’re the same C–130s. We were fly- learned that that is a tough area in In an article from Fox News, it reads: ing out, and we got word by radio that which to be an occupier as a foreign Al Qaeda on the rise in Syria has a ‘‘mar- Maliki’s government had told us that country. Foreign countries occupying riage of convenience’’ with Iran, U.S. intel- our group of five Members of Congress or trying to occupy in Afghanistan ligence director says. was no longer welcome in his country. don’t do very well. It’s not a place we I would think that was pretty obvi- The man seems to have thrown in with ought to be occupying. ous. I’m glad someone with our intel- Iran. ligence department has been able to I know we have some brilliant intel- b 1230 figure that out. Hopefully, they’ll be ligence officers. I’ve interacted with So I hear some, like some in this ad- able to figure that out with regard to some of our intelligence community. ministration, it sounds like they’re Lebanon. Hopefully, our intelligence I’m quite impressed with the intel- throwing up their hands saying, Well, department will be able to figure that ligence of many of our intelligence offi- let’s just get out and let happen what- out with regard to Iraq; that the leader cers, and I am hopeful that the intel- ever is going to happen, because they in Iraq has shown hostility to this gov- ligence at the lower levels of our intel- know occupying forces don’t do well. ernment and to the people in this gov- ligence agencies will eventually affect They’re right about that. But by sim- ernment. those in top positions in our intel- ply withdrawing without using some It’s to the point that when five of us ligence agencies so they will begin to intelligence and some lessons learned were over there, a bipartisan group, we realize what others have known for a from history means that we may have had a couple of questions that Maliki very long time. to fight the Taliban again. And it may, did not particularly appreciate, one In Afghanistan, I understand Presi- again, be after a massive loss of Amer- about, hey, there were people who were dent Karzai is not terribly pleased with ican lives. And perhaps the next time it assuring us back in 2001, 2002, 2003 that the position that some of us have will be when they’re armed with nu- if we came and got rid of this terrible taken, but some of us are not terribly clear weapons where they can kill hun- dictator who hated the United States pleased with the positions of the Karzai dreds of thousands instead of thou- named Saddam Hussein, that because Government in throwing in—well, at sands. Iraq was so oil rich, that once we were least in accommodating—the Taliban, Of course, if you read the commu- able to turn the country back over to in accommodating those who are sup- nications that were intercepted about the Iraqi people after wresting it away plying the Taliban, and in the Taliban 9/11, they were hopeful there for a while from a totalitarian dictator who killed itself, as it continues to plot and kill that there would be maybe 50,000 peo- and abused and tortured Iraqi citizens, Americans. ple in the Twin Towers that were going Iraq would be so grateful once the oil But, in fairness to President Karzai, to be killed, they hoped were killed got to flowing that they would help when you look at his situation, Presi- when the planes crashed into the Twin ameliorate some of the vast amounts of dent Obama has made clear that the Towers in New York City. They didn’t treasure that Americans spent to allow United States is completely getting care about innocent American lives or them to elect their own leaders, to out of Afghanistan, and that we’re all those foreign visiting folks that allow them to elect a leader like going to leave them just as we did Iraq, were in the Twin Towers. They could Maliki. just as the Democratic Congress de- care less. They wanted to make a He was deeply offended, it appeared, manded in 1974 from Vietnam. We were point, and make a point by killing tens as he was when I brought up Camp going to leave our allies, those who had of thousands. Ashraf and the maltreatment—in fact, fought with us and assisted us, who had Well, with the inappropriate strategy the killing—of residents of Camp lost family, friends, treasure to support of this government, of this administra- Ashraf, who were Iranian refugees. The our position because they were enemies tion, the Obama administration, we

VerDate Mar 15 2010 03:11 Feb 18, 2012 Jkt 019060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\K17FE7.041 H17FEPT1 pwalker on DSK7TPTVN1PROD with HOUSE February 17, 2012 CONGRESSIONAL RECORD — HOUSE H933 could end up having this Nation pay a resistance and pledged continuing financial has never gotten past the corrupt re- far greater price than has even been support. gional government. paid to date. This from a terrorist group of leaders So the projects where they could use Unfortunately, there are con- who are pledging to support the ter- these farming skills that are being sequences for bad decisions. It is im- rorist Hamas leaders in the Gaza Strip. taught don’t exist, and they are not an- portant that we select proper leader- And the Supreme Leader Ayatollah ticipated to exist. We set up a corrupt ship in this country. Anybody that Khamenei told the Gaza Hamas leader, government in Afghanistan. And I reads through the book of Hosea will Ismail Haniyeh, people do not expect don’t know how honest anybody in the find a verse—and I had never had it anything except endurance from Pal- Karzai regime was before they got jump out as it did until a few weeks estine’s resistance. there, but there should be a lesson that ago. And there are different trans- It’s time to wake up to what’s going can be learned from King David, the lations, but I like the translation in on with this administration and their only person mentioned in the Bible to which the communication from God to help for groups that hate America, that have had a heart after God’s own, that Hosea was: hate Israel. when there is no accountability, even He was angry with the people of Israel be- Here’s an article from February 12, the best among us can do terrible cause He said they had chosen leaders who which says, ‘‘Muslim Brotherhood Law- things. were not God’s choice. makers: U.S. Aid to Cairo Assured.’’ So when you set up a government in There needs to be a lot more praying Well, isn’t that special. He’s gotten an Afghanistan and we, the United States, in this country as we select our lead- assurance from this administration, as supported their constitution that said ers, as we select our national leaders he told Al-Hayat, that if the U.S. cut sharia law ruled, that meant there for President, for his administration, aid to Egypt, it would be a violation of were not going to be any more Chris- for those who are elected to Congress, the 1979 peace accords. They’ve indi- tian churches in Afghanistan, and now for those who are elected to the Sen- cated they’re not interested in keeping there’re not. Not publicly. And Jews ate, for those who are elected in State the 1979 peace accords. have had to flee from Afghanistan. The and local elections, and a lesson for us Here’s an article from February 13, last report I read said there was one in Congress that we elect, within Con- ‘‘Muslim Brotherhood Warns U.S. Aid publicly acknowledged Jew in Afghani- gress, the proper leaders because, as Cut May Affect Egypt’s Peace Treaty stan. the Founders believed, we are endowed With Israel.’’ But apparently they’re With all of the blood and treasure we by our Creator with certain getting assurances—hey, we’re going to shed to eliminate the Taliban, the unalienable rights. make sure you keep getting money Taliban has now come back, and now One-third of the 56 signers of the Dec- from us. You hate our guts. You hate this administration has announced to laration of Independence were not just Israel. You want Israel gone. So, you the world and to the Taliban, Look, we Christians; they were ordained min- know, hey, we’re going to keep sup- will release all of the people we have in isters. One of them has a translation of porting you. detention that have murdered Amer- the Bible—one of the signers of the And, in fact, in another article from ican troops, we will let them come Declaration—which still can be found February 13 of this year, the headline back. They can keep murdering when in print today. These people under- reads, ‘‘Obama Proposes $800 Million in we let them go. We’ll even buy you a stood the lessons from history, and Aid for ‘Arab Spring.’ ’’ Well, we’ve wonderful office in Qatar if you’ll just they did not want to make those mis- seen what the Arab Spring has done. If come talk to us. takes. you were a Christian while Mubarak That is the kind of proposal that ev- Here we have, from February 13, an was in power, there was some persecu- eryone has heard, and that’s what has article by Patrick Goodenough enti- tion, and it wasn’t pretty. But now, all allowed Taliban leaders, as one of them tled, ‘‘Hamas Leader Promises Iran semblance of any efforts to allow did in Afghanistan earlier this month, Never to Recognize Israel.’’ Christians to worship freely in Egypt is to announce to all of Afghanistan in Now, we’ve had some in this country, gone. We saw a headline last year that their largest television station that, in this administration, who have indi- the last public Christian church in Af- look, we’re about to be in charge as cated privately, you know, we don’t ghanistan had to be closed. We con- soon as the American Government really have to worry; Sunnis and Shias tinue to pour in aid. leaves. hate each other. They’re never going to Here is a February 8, 2012, headline, So here’s the deal. The American come together. So that can help keep ‘‘Pentagon Counters Dim Assessment Government is—they basically ac- one from getting too much power be- of Afghan War.’’ Then there’s another knowledge we’ve whipped them, cause there is that conflict. Well, be- article, ‘‘The Afghanistan Report the they’ve lost. So they’re doing every- cause, in small part—but the small Pentagon Doesn’t Want You to Read,’’ thing they can to get us to negotiate. part is growing into a larger part due by Michael Hastings. There’s one by So here’s the situation. If you have not to some of the actions and inactions of Lieutenant Colonel Daniel Davis, been totally supportive of the Taliban this administration—Shias and Sunnis ‘‘Truth, Lies, and Afghanistan: How here in Afghanistan, they say, then it’s are coming together. Military Leaders Have Let Us Down.’’ time to come to us, ask forgiveness, So here you have a Hamas Gaza lead- Here’s one from February 10, 2012, and ask for our providing safety for er, Ismail Haniyeh, delivering a speech ‘‘Roads to Nowhere: Program to Win you. Because if you don’t, when we at a rally in Tehran, Iran, last Satur- Over Afghans Fails.’’ take over, as soon as the U.S. pulls out, day, marking the 33rd anniversary of In talking to some of our troops in you know, you’re in trouble. And the the Islamic Revolution. He’s speaking, forward positions in Afghanistan, some result could be the death penalty. and behind him are the portraits of the were a bit down, particularly those There is a way around totally aban- Supreme Leader Ayatollah Khamenei who have been training Afghans to doning the investment we had for a and his predecessor Ayatollah Kho- farm, because we are sending around $3 peaceful Afghanistan without a power- meini. Here he is in the Gaza Strip as billion for nothing but projects in Af- ful Taliban. It’s common sense. You see a leader of the terrorist organization ghanistan, including these types of it throughout history. What you do is Hamas, and he’s speaking on behalf of farming projects, so the people can support friends who are enemies of Iranian leaders. We are bringing Shia make their own way. your enemy. The Taliban is our enemy. We know that the Taliban can be de- and Sunni together, like people 10 b 1240 years ago would never have believed feated because they were when we had possible, by the ineptitude of what’s Yet we were told they were training less than 1,500 American troops in Af- happening in this administration. the Afghans, they have been training ghanistan, Special Ops guys, incredibly But, the article points out: the Afghans; but the billions of dollars trained, and some of our best intel- Amid growing speculation of a split within the United States Government, the ligence officers over there from our in- the top ranks of Hamas, Iranian leaders at Obama administration has sent to Af- telligence agencies, obviously not top the weekend urged the terrorist group’s Gaza ghanistan to help them develop farm- intelligence officials because these leader to continue its campaign of violent ing projects, at least in this one region, guys were really competent. And they

VerDate Mar 15 2010 05:08 Feb 18, 2012 Jkt 019060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\K17FE7.043 H17FEPT1 pwalker on DSK7TPTVN1PROD with HOUSE H934 CONGRESSIONAL RECORD — HOUSE February 17, 2012 whipped the Taliban, had them com- Well, that’s what’s happening. So it PAYROLL TAX DECEPTION pletely on the run. And then we kind of doesn’t seem so much to ask, let the The SPEAKER pro tempore (Mr. took our eye off the ball in Afghani- Northern Alliance, as every other area CANSECO). Under the Speaker’s an- stan and started looking at Iraq, and of Afghanistan, elect their local lead- nounced policy of January 5, 2011, the the Taliban has made a resurgence, and ers, elect their governors, and then gentleman from Alabama (Mr. BROOKS) they have become powerful again in Af- those regional areas become strong is recognized for the remainder of the ghanistan. again. hour, 15 minutes, as the designee of the In meeting with leaders from the And then just as States fuss when the majority leader. Northern Alliance—even though Sec- Federal Government of the United Mr. BROOKS. Thank you, Mr. Speak- retary Clinton and former Secretary States tries to get too powerful, as er. Albright did what they could to keep we’ve seen with ObamaCare, let’s em- In the House today, H.R. 3630, the so- us from meeting because, apparently, power those regional provincial gov- called ‘‘payroll tax holiday,’’ passed. when this administration throws our ernments in Afghanistan to be power- Later it passed the United States Sen- allies under a bus, this administration ful enough to call down their national ate, meaning it passed the United wants them to stay under the bus. leaders when they are corrupt. Let’s States Congress. But on the House Some of us believe if somebody has empower them to fix their own prob- floor today, I joined 91 other Repub- been our ally, has helped fight our lems, and you don’t have to have mas- lican budget hawks, each of whom enemy, then they need to remain our sive numbers of American troops to do shares my concern for the financial friends. These are Muslims. These are that, but you do have to be smart in stability of our Nation and a risk of a our friends, and their enemy is our the way you deal with a country that Federal Government insolvency and enemy. And I’m told by some of the has lots of your enemies that want to bankruptcy. Each of us budget hawks military, American military leaders, kill you. voted ‘‘no.’’ that the Northern Alliance has plenty So they asked, let us elect our local, In December of 2011, Alabama Sen- of weapons; but they don’t have all the regional leaders. Give us enough equip- ators RICHARD SHELBY and JEFF SES- weapons that they had when they de- ment where we can defeat the Taliban SIONS and I voted ‘‘no’’ on the decep- feated the Taliban before. We do not again, for you and for us. tively named payroll tax bill. I am have to stay in Afghanistan. But if we Now, in meeting and talking to peo- pleased today that I was part of a do not want to have to come back and ple in Afghanistan, they knew, as did united Republican delegation from the fight the Taliban again, the thing to do the Baluch leaders in southern Paki- State of Alabama to vote ‘‘no’’ on H.R. is rearm and reempower the enemy of stan, that the Taliban is being supplied 3630. our enemies. and equipped with armaments. IEDs ROBERT ADERHOLT, Republican from Afghanistan has never been strong that are dismembering and killing our Haleyville, voted ‘‘no.’’ SPENCER BACH- and never had a strong central govern- soldiers in Afghanistan are being sup- US, Republican from Birmingham, ment. What made us, in our arrogance, plied through the southern area of voted ‘‘no.’’ MIKE ROGERS, Republican think we could force a strong central- Pakistan. from Anniston, voted ‘‘no.’’ MARTHA ized government that would work in b 1250 ROBY, Republican from Montgomery, that country? It is a very tribal nation. voted ‘‘no.’’ And JO BONNER, Repub- In the northern area, this administra- This is an area of Pakistan that lican from Mobile, voted ‘‘no.’’ tion wants to call our allies, our hadn’t been Pakistan until 1948 when On the Senate side, Alabama Senator former allies warlords, war criminals, international leaders arbitrarily took RICHARD SHELBY voted ‘‘no,’’ and Ala- blood on their hands. They were fight- pencils and just drew boundary lines, bama Senator JEFF SESSIONS voted ing for us and with us. So in this ad- and they included most of Balochistan ‘‘no.’’ Each of these individual Con- ministration’s effort to manipulate the in with Pakistan. The Balochistanis gressmen and Senators voted ‘‘no,’’ U.S. media, they leak all kinds of sto- did not want to be there. They have a again because they share a deep-rooted ries about how terrible our allies were. very mineral-rich area that is sup- concern for the financial stability of They’re fighting terrible people. plying Pakistan with most of their our country and the impact this legis- They’re fighting people who were train- minerals. And yet the Pakistan Gov- lation can have on that. ing others to come kill thousands and ernment is so badly mistreating the In sum, I voted against H.R. 3630 for thousands of Americans. These are not Baluch people. They raid, they torture, a variety of reasons, but I’m going to nice people, and war is not a pleasant and they terrorize the Baluch people in mention three. First, H.R. 3630 dis- thing. southern Pakistan. proportionately targets and burdens The Northern Alliance leaders had And if Pakistan is going to so ter- American Federal workers, takes their two asks: one, help us get a constitu- ribly mistreat our Muslim friends in hard-earned money and diverts it to tion amended so that we get to elect southern Pakistan, in the Balochistan those who don’t work for it. That’s not our regional leaders. Each province in area of Pakistan, then it’s time to push fair, and that’s not good policy. Afghanistan should be able to elect for an independent Balochistan that Second, America’s seniors have asked their local governors. Each province will be a nation of Muslim friends of me to protect Social Security and should be able to elect the mayors of the United States, and we will remain Medicare benefits because they paid for the towns within that province. Let their friends because their enemy is and earned them during their working them select their own police chief. Let our enemy, and we won’t have to sac- lifetimes. Americans support Social them do as the United States came to- rifice American troops, American lives, Security because everyone contributes gether to do, not so much in 1983 with and massive amounts of American their fair share to their own Social Se- Articles of Confederation, but in 1987 treasure like we have been doing. You curity retirement benefits. Social Se- with our U.S. Constitution that al- simply empower the enemy of our curity is not welfare. Social Security is lowed people to elect local government enemy and let them do the work for us. an earned entitlement. officials, State government officials, That is the solution. That would be H.R. 3630 undermines Social Secu- and national officials. in keeping with holding dear the Amer- rity’s and Medicare’s foundation by We have a constitution that has been ican lives that have been lost in fight- threatening 10 percent funding cuts to- set up in Afghanistan that basically ing the Taliban in Afghanistan. That taling $120 billion per year, which will, lets the Karzai administration appoint would be true to our beliefs and our de- if continued beyond this fiscal year, the regional governors, the mayors. sire only to fight those who want to de- breach America’s commitment to our They select the police chiefs. That is a stroy what we are and who we are. elderly and will force significant Social system fraught with corruption. No That would truly honor those who have Security and Medicare benefit cuts. We matter how honest anybody is going in, given so much in honor of this country. cannot expect the benefits while cut- including President Karzai, how in the And with that, Mr. Speaker, I have a ting the revenue that provides those world could you stay honest and above friend, Mr. MO BROOKS, here. I yield benefits. corruption when you have set up a sys- back the balance of my time so Mr. Third, and most importantly, the tem that lends itself to corruption? BROOKS can be recognized. name ‘‘Middle Class Tax Relief,’’ which

VerDate Mar 15 2010 03:11 Feb 18, 2012 Jkt 019060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\K17FE7.044 H17FEPT1 pwalker on DSK7TPTVN1PROD with HOUSE February 17, 2012 CONGRESSIONAL RECORD — HOUSE H935 is on the title of H.R. 3630, is deceptive additional debt burden and payments— MESSAGE FROM THE SENATE and it is false. There is no tax cut. that’s the cost of that bill per page. A message from the Senate by Ms. Rather, Mr. Speaker, I want the Amer- b 1300 Curtis, one of its clerks, announced ican people to understand that it is 100 that the Senate agrees to the report of percent a loan. Let me delve into that Why would Washington do this to the committee of conference on the a little bit deeper. But as I do so, let America? What is Washington’s motive disagreeing votes of the two Houses on me mention this: in the private sector, for this deception? Why don’t we call the amendments of the Senate to the if a commercial institution had done things what they are? Why don’t we bill (H.R. 3630) ‘‘An Act to provide in- what Congress did today, it would con- call a payroll tax a payroll tax rather centives for the creation of jobs, and stitute flagrant violations of truth in than a Social Security and Medicare for other purposes.’’. advertising, truth in lending, and de- funding tax, which is what it really is? ceptive practice statutes. But as we all The answer is simple: poll data, pan- f know, Washington is all too often im- dering to voters, and the 2012 elections. PEAK OIL mune from such constraints. H.R. 3630 Why does Washington use the phrase The SPEAKER pro tempore. Under is false advertising and deceptive be- ‘‘payroll tax’’ rather than what so- the Speaker’s announced policy of Jan- cause it is not a tax cut. H.R. 3630 is a called ‘‘payroll taxes’’ are—Social Se- uary 5, 2011, the gentleman from Mary- loan that risks America’s solvency and curity and Medicare funding taxes? Be- land (Mr. BARTLETT) is recognized for which the American people must pay cause polls show voters don’t under- 30 minutes. back with interest. stand what the payroll tax is, but by Mr. BARTLETT. Mr. Speaker, when I In this regard, the Congressional golly they know what Social Security looked at the television this morning Budget Office and Joint Committee on and Medicare funding taxes are. Yet, and at that little crawler across the Taxation reports revealed two trou- 100 percent of the so-called ‘‘tax cuts’’ top of one of our stations, I noticed bling aspects of H.R. 3630: first, accord- in H.R. 3630 are cuts to Social Security that oil was $103 a barrel—$103 a barrel ing to the CBO’s and JCT’s estimates, and Medicare funding taxes. In other and we’re in a recession. What’s hap- enacting H.R. 3630 would change reve- words, Washington politicians use the pening here? nues and direct spending to produce in- phrase ‘‘payroll tax’’ because they So I’ve got a chart here that goes creases in the deficit of $101.1 billion in know using the more accurate phrase back a few years—in fact, it ends in, fiscal year 2012—$101.1 billion in fiscal ‘‘Social Security tax’’ would cause what, 2008. There we have oil at some- year 2012—and we are already 4 or 5 American voters to rise up to protect thing less than $100 a barrel. But if you months through with this fiscal year. our Social Security and Medicare sys- extended this chart out just a little bit, So that gives you an idea of what it’s tem. you would see that it had jumped up to like for the remainder. Worse yet, H.R. 3630 deceives Amer- $147 a barrel, and that’s of course aided Further, H.R. 3630 would direct the ica’s working families into believing by the housing bubble collapse. The Office of Management and Budget to they are reaping a windfall when in economy came tumbling down and the exclude the budgetary effects of H.R. fact they are being saddled with a bur- price of oil dropped down to something 3630 from its scorecard of balances den, a burden that will hamstring our under about here, $140 a barrel. Now it under its Statutory Pay-As-You-Go children, grandchildren, and America’s has crept back up slowly, slowly, as Act of 2010. So what is H.R. 3630 doing? future with another layer of heavy, supply was not able to keep up with de- Well, it’s instructing the Office of Man- taxing, onerous debt. What Washington mand, until we now have oil at $103 a agement and Budget to not count the won’t tell the American people is that barrel and we’re in a recession. deficit impact of this legislation on its H.R. 3630 is another debt-busting bill This is an interesting chart because full scorecard of balances. that further empowers China and other it was maybe predicting something In sum, the Congressional Budget Of- American predators to become our that we were sure was going to happen fice report confirms that every penny master while enslaving America and at some time or other, but we weren’t of the so-called ‘‘tax cut’’ must be paid the American people with generations sure when it was going to happen, and back with interest. Now, where I come of oppressive debt burden payments. that’s a phenomenon called peak oil. from, if you’re given money that you Mr. Speaker, America yearns for Peak oil is that highest production have to pay back with interest, that is leadership, leadership that involves that you can achieve for a country—it called a loan; and that is exactly what adult, mature conversations with occurs in a country, it occurs in a re- the American people will have to do. American voters about the financial gion, it occurs in the world. That peak My parents taught me about debt. condition we are in and what H.R. 3630 for us occurred in 1970. Debt never rests. Debt is working is really about. Today, in spite of all that we have against you 24 hours a day, 7 days a There are simply too many in Wash- done in the most creative, innovative week, 52 weeks a year for however ington who pander to voters in an elec- society in the world, the United States, many years it takes you to pay it off in tion year for political gain. H.R. 3630, today we produce half the oil that we full. Too much debt enslaves you. Your Mr. Speaker, I would submit, rep- did in 1970, and we’ve drilled more oil creditors and your debt become your resents the worst of Washington, not wells in our country than all the rest masters, and you become their servant. the best, and not what the people de- of the world put together. Well, here This is what debt does to every serve. we see that the two entities which do a American family, and it is doing that I cannot speak for other Congress- really good job of tracking the produc- slowly but surely to America. As you men, but as for me, today I and 90 tion and consumption—which are the all know, we blew through the $15 tril- other Republican budget hawks stood same; we don’t have any big stores lion mark in November of 2011, and strong for America’s future. We voted anywhere of oil, so the consumption is sometime this year we are going to to kill H.R. 3630, stop the deception, the same thing as the production of blow by the $16 trillion debt mark. stop pandering to voters, and save oil—and they looked like they had That debt is not free. There is no free America from another mountain of op- plateaued. They had been going up and lunch. pressive debt that threatens us with in- According to the CBO report, H.R. up and up. Every time we needed more solvency and bankruptcy. 3630 racks up debt at the rate of over oil, we could produce more oil. But we Mr. Speaker, I yield back the balance $12 billion per month in FY 2012. Now, ran out of our ability to do that. And of my time. if I had a printed copy of H.R. 3630—but as the production stagnated and the de- the speed of this place sometimes does f mand kept going up, wow, look what not empower you to have that—accord- happened to the price. It really spiked ing to the CBO report, if we were to MESSAGE FROM THE PRESIDENT in the price, and it went up to $147 a have printed H.R. 3630 on sheets of A message in writing from the Presi- barrel. gold—which we probably should have dent of the United States was commu- We weren’t sure then that this might done because it costs American tax- nicated to the House by Mr. Brian not have been just a little ripple in the payers roughly $500 million per page in Tate, one of his secretaries. upswing of production of oil, but we

VerDate Mar 15 2010 03:11 Feb 18, 2012 Jkt 019060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\K17FE7.045 H17FEPT1 pwalker on DSK7TPTVN1PROD with HOUSE H936 CONGRESSIONAL RECORD — HOUSE February 17, 2012 now know that it wasn’t, that the cap- chart was very long and it went way Now, 2 years later, the same organi- tion up there is right, ‘‘Peak Oil, Are over to the far wall over there back 100 zation did another prognostication, and We There Yet?’’ Apparently so, as you years ago when we started using oil, it that’s the one on the bottom here. This will see subsequently. would have started at zero. And every time they go out to 2035 instead of 2030. This is an interesting chart and a time we needed more oil, we could They go out 5 years further, and now very new one. This was produced by pump more oil, and so it just kept ris- they have reduced their expectations Deutsche Bank and their economist ing and rising and rising. from 106 million barrels of oil a day to there. It is looking now not at the pro- b 1310 just 96 million barrels of oil a day. As duction of oil, but at the rate of in- they look at the prospects out there, And now here we are at a total liquid crease. The little left-hand bar here I they are persuaded that we’re not fuels of 84 million barrels a day. Not all think is quite optimistic—I hope that going to be able to reach that 106 mil- of that is usable in your gas tank. The that happens. I doubt that that will lion barrels a day, so now they’re prog- top one here is natural gas liquids that happen as we will see in a few mo- nosticating, 5 years later, only 96 mil- will increase. We found a lot more nat- ments. But they’re looking at an in- lion barrels a day. crease in production of about 5 billion ural gas. The price has dropped now to The top two curves here are exactly about $3. barrels a day. The world has been stuck the same thing. They’ve flipped them, The green one here, which is small now for 5 years at 84 million barrels of and they’ve changed the colors. The now and projected to grow, and that oil a day, and this looks at increasing will grow, that’s unconventional oil. top one here now is unconventional oil, that production by 5. This is capacity That’s oil that you get from things like and the second one is natural gas liq- by the way, this is capacity at any the tar sands in Alberta, Canada. uids. Notice here that, even taking the price. This is how much more you But, as you notice here, they’re pre- enhanced oil recovery and putting that could produce no matter what the price dicting a fairly precipitous drop-off in little wedge down here with the pro- was. Obviously you could produce more production from the fields that we’re duction from the fields currently pro- oil if it’s $200 a barrel because you now pumping. This is crude oil cur- ducing, they have a really precipitous could develop fields that you can’t de- rently producing fields. Up until now, fall-off. They’re looking at those 2 velop at $100 a barrel, and you’ll every time we’ve needed more oil from years later and say, Look at them. produce more oil if people are willing those fields, all we had to do was to Wow, they are really decreasing in pro- to pay $7 a gallon for their gas rather suck a little harder in the wells and duction faster than we thought they than $3.80 a gallon for their gas. the oil came up. What they’re pre- were, so we’re going to have even less So this is their optimistic projection dicting here is that that won’t be true oil than we thought we would have. So of what capacity increase could be, and for the future, that the world is now now they have two huge wedges. this is a reality of what demand will going to experience the situation the If you look at this line, this heavy be. This is the increase in demand—not United States has been in since 1970, dark line here, that’s the liquid fuels total demand, because we still are the that is, no matter what you do, produc- that can go in your gas tank, and biggest consumers of energy in the tion of oil will drop off from the fields that’s barely moving up, isn’t it? It’s world. But our demand rate is not that you’re now pumping. just about flat there, and they keep it going up. As a matter of fact it’s fallen The dark red here is enhanced oil re- flat by having these two wedges that off a bit. We used to import 21 million covery. That really should be a part of are really, really large. By 2035, what, barrels a day, that’s one-fourth of the the bottom one here because it’s just three-fourths of all the liquid fuels world’s oil. Now we’re importing I squeezing a little bit more oil out of that we’re producing are going to come think about 18.5 million barrels a day. the fields you’re presently pumping by from fields that we’re producing noth- That’s nice that we became more effi- putting live steam down there, or CO2 ing from now. cient, because the Chinese, in their down there or seawater. Saudi Arabia Now, I want to go back to the pre- economic growth, needed more oil. And uses a lot of seawater to force their oil vious chart where they had this prog- the fact that we’re using less has made out. It’s easily separated after you’ve nostication about the growth of 5 bil- more available to them because they’re gotten it to the surface. lion barrels a day by ’15. This goes increasing about 6 percent a year in Now, they’re predicting that by 2030, clear out to ’35 and they’re only up to their use of oil. on this chart, that we’ll be producing 96. But we need to note that that was Well, what this shows is that there is 106 million barrels of oil a day, up from capacity no matter what the cost, and a 20 percent deficit here. This is capac- the 84 million barrels of oil that we are that may be true. That may be true ity at any price. If we went full bore— producing today. In order to do that, that could you get there, but, you just producing oil everywhere we could with the production dropping off from know, we’d not like to see oil at $200 a produce it—their prognostication is the fields that we are pumping now, barrel, would we? Our economy would that by 2015 we’re going to have a 20 we’re going to have to get oil some- not respond very well to that. percent shortfall in supply, even if we where else, and there are two some- By the way, if you go on their Web maximize capacity by having very high where elses that they’re talking about. site, you may have difficulty finding prices for oil. One of those is this light blue, and the lower chart. Some have told me it’s Now the next chart will show you that’s developing fields which we have not there at all, and you won’t find the why I think this is an optimistic as- now discovered which are too difficult upper chart. It’s a little embarrassing sumption of what will happen. Let me and expensive to develop, even with oil to have these two charts side by side show you this chart. at $100 a barrel, like a big find in the showing how much your predictions There are two charts here. The first Gulf of Mexico that was under 7,000 feet changed in just 2 years, from ’08 to ’10. one of these, the top one, appeared in of water and 30,000 feet of rock. But at The next chart kind of puts this in 2008, the bottom one appeared in 2010. some price—and I heard $111 a barrel, perspective of the world, and this is a This is the International Energy Agen- that sounds pretty precise—that at $111 very interesting chart, and it’s one— cy, it’s the world energy outlook. This a barrel, they could begin developing you know the old saying, a picture’s is a creature of the OECD in Europe. that field. worth a thousand words. Boy, this says We have a kindred organization, the Then the red here, the bright red is it, doesn’t it? EIA, the Energy Information Adminis- fields yet to be discovered. These are This is the world according to oil, tration, which is a part of our Depart- fields we haven’t discovered yet, but we and this is what the world would look ment of Energy. And I don’t have them will discover them, and they’re pro- like if the square miles of terrain on a with me, but they have very similar jecting that we’ll be able to develop country were equal to the amount of charts that are saying essentially the those fields. oil they had; what would the world same thing. So we have these two big wedges in look like? The top chart they had on their Web here that will keep the production of You see here that Saudi Arabia is site in 2008, let’s take a look at that. oil going up from the 84 million barrels dominating the world. They have 22 It’s really a very interesting chart. a day now for liquid fuels to 106 million percent of all the reserves in the world. This bottom dark blue here—if the barrels a day in 2030. We’re not really sure that’s what they

VerDate Mar 15 2010 03:11 Feb 18, 2012 Jkt 019060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\K17FE7.047 H17FEPT1 pwalker on DSK7TPTVN1PROD with HOUSE February 17, 2012 CONGRESSIONAL RECORD — HOUSE H937 have; that’s what they tell us they everybody. And I just wanted to com- Well, you don’t really need to own have. But, you know, they won’t open mend them for their foresight and their the oil. It really makes very little dif- their books. None of these OPEC coun- tenacity in pursuing these programs. ference who owns the oil because the tries—and you see they have the lion’s Let’s just spend a couple more mo- person who comes with the money— share of all the oil reserves. None of ments with this chart because it is so and its dollars now, and let’s hope it them will open their books, and we meaningful. stays dollars or we have a big prob- don’t really know for sure how much Here we are, the United States. We’re lem—they go to the global oil auction oil is there, but we do know that this yellow color because we use a lot and they buy oil at the going price. they’re still pumping large amounts of of oil per capita, and we’re that size be- Today it was $103 a barrel. oil. And that’s what they say they cause that’s all the oil we have. We So I asked the State Department why have, and so that’s what the chart here represent reserves of about 2 percent of is China buying oil and we’re not buy- depicts. the reserves in the world and we use 25 ing any oil. They said, We don’t think I want to take just a moment to com- percent, maybe a whisker less than China understands the marketplace. mend our military. They’re taking that now, of oil in the world, and we Well, at that time I think China was some flak recently for what they’re import about two-thirds of what we growing at 16 or 18 percent. There was doing. I think that they’re doing ex- use. some, I think, some presumptive indi- actly the right thing for several dif- Our number one importer, by the cation that a country that’s growing at ferent reasons. way, is Canada, and they have less oil 16 or 18 percent kind of understands the They’re moving as quickly as they than we, but they don’t have very marketplace. can from fossil fuels, from oil to alter- many people, so they can export. The So why would China be buying oil? natives, and they’re doing that for a number two importer was Mexico, but Let me suggest something—I hope couple of very good reasons. One is, if now they have fallen to number three I’m wrong: China has 900 million people you can avoid transporting that oil, if and Saudi Arabia is now our number in rural areas that through the miracle you can use the—create the alter- two importer. of communications know the benefits natives nearer to where you are using A very interesting experience in Mex- of an industrialized society; and them, you will avoid a huge cost in ico, a fisherman by the name of they’re saying, Hey, guys, what about both treasure and lives, because a sig- Cantoral kept bringing his nets into us, because they are not sharing in the nificant number of the people killed in the national oil company saying, Your benefits of an industrialized society. If these wars are killed in the convoys spilled oil messed up my fishing net; China can’t bring some modicum of the that are bringing fuel. you need to give me a new one. PIMEX benefits that accrue to a citizen in an I understand that the weight of the is the national company, and so they industrialized society, they see perhaps would give him a new net. He kept fuel that they bring is—about 70 per- their empire unraveling, much as the bringing them in. They said, Gee, we cent of everything they haul to the Soviet empire unraveled, and so they didn’t think we spilled that much oil. warfront is fuel. It reminds a little—I are bending every effort to make sure understand that in the canal boats on Where are you finding this oil? He said, that they have adequate resources for the C&O Canal that about 70 percent of Come, I will show you. And it was kind these 900 million people and the other what they carried was food for the of bubbling up out of the ocean, and 600 million people who are in urban mules. And so it hasn’t changed a lot, they drilled there, and for a number of areas. years they had the second largest field has it? We still—this energy source is At the same time that China is buy- in the world in terms of production, about 70 percent of all the weight that ing up oil all over the world, they’re we carry. second only to Garwar, which is the very aggressively building a blue water So I want to take just a moment to granddaddy of all fields. It’s been navy. A brown water navy is what commend our military for doing ex- pumping now for half a century in they’re concerned about as protecting actly the right thing. They are really Saudi Arabia, and I still think it their coastal area, and it serves them forward-looking. For the moment, you pumps something like 5 million barrels quite well, by the way; and it is cheap- know, you may pay a little more for a day, which is about what we pump er and more quickly developed. But the alternatives, but, you know, since from our country, and that’s from a the liquid fuels from conventional single field in Saudi Arabia. they’re very aggressively building a sources just aren’t going to be there in The European Union, Europe, is a bit blue water navy and access-denial tech- the future without something hap- bigger than we are in terms of econ- nologies that will keep us away if they pening that almost nobody who’s omy, and let’s see if we can find them wish to. knowledgeable in this field thinks will on the map. Well, there’s Norway. It I hope the time doesn’t come when happen, they’re doing exactly the right looks pretty big compared to some of the Chinese say, Gee, I’m sorry but it’s thing, and I want to commend them for the other countries, and here they are our oil. And it will be their oil, and what they are doing. with essentially no oil production, to- they bought it, and we can’t share it They are recognizing that the world tally dependent on liquid fuels from because right now it doesn’t matter will inevitably—inevitably—transition this part of the world. who has the oil. It’s shared in the glob- from fossil fuels to renewables. The al oil auction. b 1320 first person that articulated that—al- Well, so this map indicates that the though it would seem that anybody But even more alarming is looking future is fraught with some possibili- would understand, since the Moon isn’t over there at India and China; 1.3 mil- ties of some pretty meaningful geo- made of green cheese and the Earth lion people in China and a billion peo- political tensions; and, again, I want to isn’t made of oil, that the fossil fuels ple in India, and look at the little bit commend our military for their fore- are finite and one day they will be of oil that they have. Here is India; sight recognizing this reality and the gone. here is China. While collectively they reality that oil is $103 a barrel. By the But the first person that I know of have about as much oil as—less than way, when oil goes up just a dollar a who really recognized that, a promi- the United States because we have a barrel, it makes a big dent in what nent person, was Hyman Rickover, who big chunk of our oil coming from Alas- they can do. They can provide less made the statement, in the 8,000-year ka up here. health care, they can have less people, recorded history of man, the age of oil Recognizing this reality, the Chinese have less R&D, buy less of platforms would be but a blip. He had no idea how are now buying oil all over the world. when oil goes up because energy is a long it would last, but he said how long Not only do they buy oil; they also buy huge part of the cost of the military. it lasted was important in only one re- goodwill. What do you need? A hos- So, again, applaud the military for gard: The longer it lasted, the more pital? Roads? A soccer stadium? I their foresight and what they’re doing. time we would have to find an orderly asked the State Department, you This is a chart that was predicted in transition to alternative sources of en- know, we have only 2 percent of the oil 1956. Here we were in 1956 in the United ergy. in the world, and we are using 25 per- States. At that time we were the king Our military is doing exactly that, cent of the oil in the world. How come of oil. We were pumping more oil. We and they are not totally understood by we aren’t buying oil all over the world? were using more oil. We were exporting

VerDate Mar 15 2010 03:11 Feb 18, 2012 Jkt 019060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\K17FE7.048 H17FEPT1 pwalker on DSK7TPTVN1PROD with HOUSE H938 CONGRESSIONAL RECORD — HOUSE February 17, 2012 more oil than anybody else in the cheap, and it’s pushing some of coal Four, be kind to the environment. world. Texas had a bigger chunk in out, and some people are afraid of nu- They know they aren’t, but they that oil, you see, than the rest of the clear, may squeeze a bit of that out. have these 900 billion people who are United States here. Here’s petroleum, about 40 percent of requiring the benefits of an industri- On the sixth day of March, 1956, an all of our energy. alized society, so they’re choking on oil geologist by the name of M. King Here are renewables. coal-fired power plants that they build Hubbert, and I’ve got his actual curve Now, as Hyman Rickover indicated, one of each week. They’re building, I here in the next chart in just the next one day these two things, renewables understand, 100 nuclear power plants, moment, made a prediction in 1956— and nuclear, are going to fill this whole and I’m sure they will retire the coal- here we are. Get the picture. The circle. It is inevitable. It’s not tomor- fired plants when they get them. United States, king of oil, biggest pro- row, by the way, and we are not run- I will close with the fifth point. ducer, biggest consumer, and biggest ning out of oil. We have more oil to Five, they are pleading for inter- exporter. He is saying in 14 years, by pump than all the oil that’s been national cooperation. about 1970, we’re going to reach our pumped in all the history of the world. If you think about it for just a mo- maximum oil production, and no mat- What we’re running out of is our abil- ment, we have a real problem here. If ter what we do after that, oil produc- ity to pump this oil as fast as we would the United States really gets serious tion is going to go down. How could he like to use it. about conservation and efficiency and predict that? Here is a gross breakdown of the re- about saving energy—and we’d better— What he had done was to notice the newables. Solar, wow. Look at how some will argue, wow, that will just production and exhaustion of indi- small it is there. Wind is growing now, empower the Chinese more because vidual oil fields. By 1956 we had enough and these two things might be a bit then they’re going to use that energy of those that he could see there was bigger now if we updated this chart. that we make more available and kind of a bell curve kind of up and then But the important thing here to note is cheaper, and they’re going to compete down as you were developing, exploit- hydroelectric; that’s been there for a with us economically, and that’s not a ing, and pumping those fields out. while. Biomass, and that’s primarily good thing. So he rationalized, gee, if I could add burning waste and paper mills and So from a selfish perspective, unless up all the little oil fields that we will things like that and much of that is everybody does it, nobody is going to have in our country, then I will get one not new technology. do it, which is why the Chinese are big bell curve and I can predict when Geothermal, that’s true geothermal, pleading for international cooperation, it’s going to peak. He did that and said tapping into the molten core of the because they know that it’s not going it’s going to peak about 1970. Sure Earth. That could be bigger. It should to have as happy an ending if we don’t enough, right on target, it peaked in be bigger. Whenever we can do that, we have international cooperation. Yet about 1970. really need to take advantage of that. while they plead for international co- Now, we shortly found a huge amount That’s essentially an inexhaustible operation, they have plan B: What if it of oil in Alaska. Oh, by the way, the source of energy. doesn’t happen? We buy up oil in the top one here is natural gas, liquids But this shows us the challenge that world, and then we have a navy big again, and we were just learning how we face. We really are up to this chal- enough to make sure that we have ac- to use those, and so they were a mean- lenge, and a part of this, this is green. cess to that oil in the world. ingful part of our energy availability. Now, people who are green-focused, We are the most innovative, creative There was a little blip in the slide they say we need to be doing more. society in the history of the world, and down the other side of Hubbert’s peak This is for a couple of reasons. Some I can see America once again an ex- with this enormous supply of oil from because of the carbon footprint, and porting country, and it should be green Alaska for awhile. I don’t know what others because they say, gee, the fossil technology. Much of what we’re now exactly it is today, but a fourth of all fuels just aren’t going to be there. No importing from China and from other of the oil production in our country matter what your premise is, the solu- places in the world we created here, came from Alaska. Then the fabled dis- tion is exactly the same thing. and then it migrated over there for coveries in the Gulf of Mexico; and we So rather than criticizing each oth- production. That’s why every 15 hours see them down here, and they hardly er’s premise, I would hope we would we have another billion-dollar increase made a ripple in the slide down the lock arms and march forward to go to in the trade deficit. I want that thing other side of what’s called Hubbert’s more renewables. reversed, and I think we can reverse peak. Here is our last chart, because our that by recognizing that we have a Now, here’s a curve. This is kind of a time is about up today. Five years ago, huge challenge—following the lead of chart that a statistician, I guess, would I led a codel to China. Nine of us went our military and going to renewables use. Here we are 1970, and Hubbert said to China, and we spent about a week as efficiently and as quickly as we can. we’re going to be sliding down the there, and we went there to talk about Mr. Speaker, I yield back the balance other side, and Hubbert’s peak is the energy. of my time. little triangles with the yellow in them. The actual lower 48 production is b 1330 f the green, and the total production I was stunned—we all were stunned— ECONOMIC REPORT OF THE PRESI- adding in Alaska and the Gulf of Mex- because China began its discussion of DENT—MESSAGE FROM THE ico is the red. Of course, he didn’t in- energy by talking about post-oil. Wow. PRESIDENT OF THE UNITED clude Alaska and the Gulf of Mexico. It Of course, it would be a post-oil world. STATES (H. DOC. NO. 112–77) was only the lower 48. I mean, Rickover predicted it. Gee, ev- A statistician might argue that these erything is not oil out there. One day, The SPEAKER pro tempore laid be- two curves are different. I think the it will come to an end. Yet this is not fore the House the following message average citizen looking at it would say, tomorrow. This is probably 100, 150 from the President of the United gee, I think M. King Hubbert got it years from now. So this is a really States; which was read and, together about right, didn’t he. long-term policy. Everybody we talked with the accompanying papers, referred The next chart is a very good pre- to—and it wasn’t just the energy peo- to the Joint Economic Committee and diction of where we are and the chal- ple—everybody we talked to talked ordered to be printed: lenge, which is recognized by our mili- about this post-oil strategy, and here To the Congress of the United States: tary. are the five points: One of the fundamental tenets of the This is where we get our energy from One, conservation: the cheapest oil American economy has been that if today. And this is 2004. It hasn’t you will get is the oil you don’t use. you work hard, you can do well enough changed a whole lot since 2004. But Two, domestic sources of energy. to raise a family, own a home, send coal, this much. Natural gas—natural Three, diversify those sources as your kids to college, and put a little gas is going up a little more. That’s much as you can. money away for retirement. That’s the getting bigger because it’s now really Number four will surprise you. promise of America.

VerDate Mar 15 2010 03:11 Feb 18, 2012 Jkt 019060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K17FE7.050 H17FEPT1 pwalker on DSK7TPTVN1PROD with HOUSE February 17, 2012 CONGRESSIONAL RECORD — HOUSE H939 The defining issue of our time is how workers, and a renewal of American I tell you, I couldn’t have asked for to keep that promise alive. We can ei- values—an economy built to last. anything better than to have the Presi- ther settle for a country where a When it comes to the deficit, we have dent’s economic message read right be- shrinking number of people do very already agreed to more than $2 trillion fore I came down here to the floor, be- well while a growing number of Ameri- in cuts and savings. But we need to do cause I have exactly that same thing cans barely get by, or we can restore more, and that means choices. Right on my mind. an economy where everyone gets a fair now, we are poised to spend nearly $1 It is shocking to me—and you will re- shot, everyone does their fair share, trillion more on what was supposed to member, Mr. Speaker, that it was less and everyone plays by the same set of be a temporary tax break for the than a month ago that the entire U.S. rules. wealthiest 2 percent of Americans. House of Representatives was sitting Long before the recession that began Right now, because of loopholes and here in this Chamber, that the entire in December 2007, job growth was insuf- shelters in the tax code, a quarter of United States Senate was sitting here ficient for our growing population. all millionaires pay lower tax rates in this Chamber, the Supreme Court Manufacturing jobs were leaving our than millions of middle-class house- and the Joint Chiefs of Staff, and that shores. Technology made businesses holds. I believe that tax reform should the President was standing right here, more efficient, but also made some jobs follow the Buffett Rule. If you make not 5 feet from where I’m standing obsolete. The few at the top saw their more than $1 million a year, you today—not 5 feet in front of you, Mr. incomes rise like never before, but should not pay less than 30 percent in Speaker—giving his State of the Union most hardworking Americans struggled taxes. In fact, if you are earning a mil- speech. What struck me about that with costs that were growing, pay- lion dollars a year, you should not get speech is that I could have given al- checks that were not, and personal special tax subsidies or deductions. On most word for word the exact same debt that kept piling up. the other hand, if you make under one. In 2008, the house of cards collapsed. $250,000 a year, like 98 percent of Amer- b 1340 We learned that mortgages had been ican families do, your taxes should not Mr. Speaker, when we talk about the sold to people who could not afford go up. rhetoric in this country, the rhetoric’s them or did not understand them. Americans know that this genera- the same. Very little divides Repub- Banks had made huge bets and doled tion’s success is only possible because licans and Democrats. The President out big bonuses with other people’s past generations felt a responsibility to said in the economic address that the money. Regulators had looked the each other, and to the future of their clerk just read, ‘‘We need to make other way, or did not have the author- country. Now it is our turn. Now it choices.’’ We need to make choices ity to stop the bad behavior. It was falls to us to live up to that same sense about who we are and what we’re going wrong. It was irresponsible. And it of shared responsibility. to do. plunged our economy into a crisis that This year’s Economic Report of the I happen to have behind me, Mr. put millions out of work, saddled us President, prepared by the Council of Speaker, the President’s budget. I left with more debt, and left innocent, Economic Advisers, describes the emer- the plastic on this one. I have another hardworking Americans holding the gency rescue measures taken to end one that I’ve poured through. And in bag. the recession and support the ongoing fact, for folks who are back in their of- In the year before I took office, we recovery, and lays out a blueprint for fices, Mr. Speaker, I would recommend lost nearly 5 million private sector an economy built to last. It explains instead of cutting through the plastic jobs. And we lost almost another 4 mil- how we are restoring our strengths as a to go ahead and go to www.omb.gov. lion before our policies were in full ef- Nation—our innovative economy, our That’s the President’s Office of Man- fect. strong manufacturing base, and our agement and Budget. The entire Fed- Those are the facts. But so are these: workers—by investing in the tech- eral budget that he has proposed is In the last 23 months, businesses have nologies of the future, in companies there on the Web site for all Americans created 3.7 million jobs. Last year, that create jobs here in America, and to see. they created the most jobs since 2005. in education and training programs It’s not a small project to put to- American manufacturers are hiring that will prepare our workers for the gether, the United States budget, and I again, creating jobs for the first time jobs of tomorrow. We must ensure that applaud the President for taking that since the late 1990s. And we have put in these investments benefit everyone and step. Of course the United States Sen- place new rules to hold Wall Street ac- increase opportunity for all Americans ate, Mr. Speaker, 200 yards from where countable, so a crisis like this never or we risk threatening one of the fea- we stand right now, hasn’t produced a happens again. tures that defines us as a Nation—that budget in over 1,000 days. And in fact, Some, however, still advocate going America is a country in which anyone the majority leader over there, HARRY back to the same economic policies can do well, regardless of how they REID, said just last week that he’s not that stacked the deck against middle- start out. going to do it again this year. We have class Americans for way too many No one built this country on their time, Mr. Speaker. We have a common years. And their philosophy is simple: own. This Nation is great because we set of numbers on which we could base We are better off when everybody is built it together. If we remember that it, and he said, I’m not going to do it. left to fend for themselves and play by truth today, join together in common It’s not necessary. A reporter said, But their own rules. purpose, and maintain our common re- it’s the law. He said, It’s not impor- That philosophy is wrong. The more solve, then I am as confident as ever tant; I’m not going to do it. A reporter Americans who succeed, the more that our economic future is hopeful said, But your Democratic Budget America succeeds. These are not Demo- and strong. Committee chairman said he’s going to cratic values or Republican values. BARACK OBAMA. mark up a budget in the Budget Com- They are American values. And we THE WHITE HOUSE, February, 2012. mittee. And Senate Majority Leader have to reclaim them. f HARRY REID said, Well, they can do This is a make-or-break moment for what they want in the Budget Com- the middle class, and for all those who THE FACTS ABOUT THE mittee, but I’m not bringing a budget are working to get into the middle PRESIDENT’S ECONOMIC RECORD to the Senate floor. class. It is a moment when we go back The SPEAKER pro tempore. Under Mr. Speaker, I have got in my breast to the ways of the past—to growing the Speaker’s announced policy of Jan- pocket here the rule book by which deficits, stagnant incomes and job uary 5, 2011, the gentleman from Geor- this United States of America is sup- growth, declining opportunity, and ris- gia (Mr. WOODALL) is recognized for 30 posed to run, the United States Con- ing inequality—or we can make a minutes. stitution, this document by which all break from the past. We can build an Mr. WOODALL. Thank you, Mr. of our decisions are judged. One of the economy by restoring our greatest test Speaker. I appreciate you being here only things this document asks us to strengths: American manufacturing, with me on a Friday afternoon and for do here in the U.S. House of Represent- American energy, skills for American you providing the time. atives is to pass a budget each and

VerDate Mar 15 2010 03:11 Feb 18, 2012 Jkt 019060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\A17FE7.006 H17FEPT1 pwalker on DSK7TPTVN1PROD with HOUSE H940 CONGRESSIONAL RECORD — HOUSE February 17, 2012 every year. The Budget Act of 1974 one focus in 2010, and we’re going to House, when we elected President asked that same thing of the House and start where new jobs do, with small Obama to the White House, we see the of the Senate. Propose that budget. businesses. He’s absolutely right. More number of major regulations sky- And the President has done that. To than half of all the jobs that get cre- rocket. And who do you think pays for his credit, he’s proposed a budget. ated in this country get created by that, Mr. Speaker? We do, as the Amer- But he said in his message that was small businesses. That’s where the en- ican consumer. Everybody in America read moments ago, ‘‘We have to make trepreneurship is. That’s where the hir- pays for that when they go to buy choices.’’ And what you will find, Mr. ing excitement is. That’s where the goods at the shop. Or they may pay for Speaker, if you go through this budget, new ideas come from. We love our that when their job leaves America and as I know families are across this coun- Home Depots. We love our Deltas. We travels overseas. They may pay for try—folks are curious about what the love our UPS’s and our Wal-Marts. But that when the product they used to be President is proposing—you will find a that’s not where the job growth comes able to buy is no longer manufactured budget devoid of tough choices. Hun- from. The President is absolutely because a new rule or regulation has dreds and hundreds and hundreds of right. Job growth comes from our put that product out of business. pages in my hand, Mr. Speaker, devoid small businesses. And 2 years ago al- My mom said that about 100 watt of tough choices. most today, Mr. Speaker, the President light bulbs the other day. She had been The President said in his economic knew it. The President knew that if we hoarding them. We are one of those address that you read moments ago, were going to get this economy back hoarders, I confess. We need those 100 that the clerk read moments ago, Mr. on track, we have to start with the watt light bulbs. We went to the store Speaker, this is a make-or-break mo- folks who hire. We have to start with and couldn’t find them. They were put ment for the middle class. Nonsense. the folks who are able to put Ameri- out of business by a regulatory burden. Nonsense. This is a make-or-break mo- cans back to work, our small busi- The President knows he needs to start ment for America. This is a make-or- nesses. with small businesses to create jobs. break moment for this experiment that Mr. Speaker, this is a chart that ac- That’s what he says. But what he does we call our Republic. This is a make- tually came from the General Services is preside over the most onerous regu- or-break moment for all of the values Administration, one of the agencies latory burden increase that our Nation that we share as an independent peo- that the President oversees. But it was has seen in decades. ple. published in The Wall Street Journal. This chart is particularly troubling This is not a make-or-break moment It was titled ‘‘Rising Regulation.’’ Let to me, Mr. Speaker. It’s a measure- for the middle class; this is a make-or- me show you what we see here. You ment of the ease of starting a business. break moment for every single person can’t see it, Mr. Speaker, but this The United States used to be fourth. who calls America home. And if we are chart goes from 1995 to 2011. And what Today we’re 13th. OECD countries, going to preserve our Republic, Mr. it shows is the number of published folks looking around the world, Where Speaker, if we are going to protect the final rules that cost American busi- can entrepreneurs succeed? Where can opportunity society for which America nesses more than $100 million a year. new ideas succeed? Where can econo- has become known, we have to make That’s what it takes in this country, mies grow, be changed, be vibrant? The tough choices. Mr. Speaker. Before we consider a rule, U.S. has fallen from 4 to 13. Let me tell Mr. Speaker, have you thought about a really powerful rule, before we con- you who’s in front of us on the world it? Because it’s plagued me since I was sider a rule really detrimental to this stage now, Mr. Speaker: Macedonia, sworn in last January. I have only been country, it has to cost $100 million. I Georgia—the country, not my home here as a Member of Congress a little would tell you if it costs $1 million, it’s State—Rwanda, Belarus, Saudi Arabia, over a year. What about the old important. I would tell you if it costs Armenia. mantra, ‘‘Send me your tired, your $10 million, it’s important. But our poor, your huddled masses longing to measuring stick says $100 million. b 1350 be free.’’ What about that, Mr. Speak- This is what we see: on average, These are the countries, based on a er? ‘‘Your tired, your poor, your about 80 such rules a year. Now I’m a static list of economic models of rules huddled masses longing to be free.’’ small government conservative from and regulations and opportunities for Why aren’t the doors of America flung the great State of Georgia, Mr. Speak- economic success, places where it’s open to every freedom-loving person on er. I will tell you, 80 major rules like easier to succeed in today than in this planet? And I know the answer. that a year are sapping freedom from America. That’s outrageous, Mr. Because in the days of America when individuals, sapping freedom from com- Speaker. The President knows that if that was the mantra of the land, this munities, sapping freedom from States, we are going to create jobs in this was an opportunity society. You came and that’s too many. But that’s kind of country, we have got to start where and you succeeded by the power of your what we have as an average over the most jobs do, with small businesses. ideas and the sweat of your brow. Some past 15 years. That’s what he says. But what he does folks succeeded, and some folks failed. But look what happens, Mr. Speaker. is preside over a decline of opportunity Failure is a part of all of our lives. If The day that NANCY PELOSI gets sworn in this country that puts us now below you are not experiencing failure, you in as the Speaker of the House, the day Macedonia, Saudi Arabia, Rwanda, and are not trying hard enough. If you are President Obama gets sworn in as Belarus on the world economic stage. pushing yourself to your extremes, you President of the United States, the Mr. Speaker, from the Department of are going to find you will come up number of major rules costing the Labor we see entrepreneurship in short sometimes. You are going to American economy more than $100 mil- America has reached a 17-year low. En- learn from that, and you are going to lion a year skyrockets, skyrockets. trepreneurship in America is at a 17- do better next time. And by ‘‘skyrockets,’’ Mr. Speaker, I year low. Business startups are at the But, Mr. Speaker, while a safety net mean doubles from the level that lowest level since data was first col- is important to America, a safety President Clinton was imposing. Un- lected in 1994; business startups at the sponge that sucks you down into it and derstand that. This isn’t a Republican/ lowest level since the data began to be prevents you from ever escaping and Democrat issue. This is an individual collected at the Department of Labor being free is not the principle on which philosophy issue. The individual that’s in 1994. this country was founded. And day in the White House matters. The indi- Mr. Speaker, this isn’t a chart about after day after day, we let our country vidual that’s in the Speaker’s chair business success. We all know that go further in that direction. matters. Those individual philosophies starting a business is hard. If you’ve Let’s talk about the economic record translate into policies. We had a Re- been out there and you’ve tried to do that was just discussed in the Presi- publican Congress, a Democratic Presi- it, you’ve probably had more failures dent’s economic address, Mr. Speaker. dent, and we continued at about a his- than successes. It’s hard to grow a This is what the President said almost torical average in terms of proposing business. This isn’t about businesses 2 years ago today. In February of 2010 new rules and regulations. But when we succeeding. This is about Americans he said this: Jobs will be our number elected NANCY PELOSI to the Speaker’s who are willing to try. The number of

VerDate Mar 15 2010 03:11 Feb 18, 2012 Jkt 019060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\K17FE7.053 H17FEPT1 pwalker on DSK7TPTVN1PROD with HOUSE February 17, 2012 CONGRESSIONAL RECORD — HOUSE H941 Americans willing to try has fallen to $2 trillion worth of changes to the Fed- This chart, Mr. Speaker, lays it out. a 17-year low. And I ask you, Mr. eral budget, $2 trillion over a 10-year I had to blow up the tip there. You Speaker, is this a measurement that window, moving us back towards black might be able to see just a little bit of Americans have changed or is this a and away from red. green here. measurement that the business climate The President claims credit for those This dotted white line, Mr. Speaker, in America has changed? $2 trillion that are already signed into is the debt of America. The debt, the We are the same proud, independent, law, that are already being imple- borrowing that we have all done from hardworking, family-loving people that mented, that are already the practice our children and grandchildren. You we have always been when these num- under which the Federal Government and I were not here in this House when bers were started in 1994. We are those operates. He claims credit for those in that happened, Mr. Speaker, but we are same people as a country, Mr. Speaker. this new budget. I understand why he responsible for it, just like every other But the environment in which we live, wants to, Mr. Speaker, but I don’t American family is responsible for it. the economic marketplace in which we think that’s being honest with the We have to pay it back, just like every operate, that’s changed. That’s American people. I think we owe the other American family has to pay it changed, Mr. Speaker. Since 1994, you American people more transparency back. Sixteen trillion dollars today, see the regulatory burden on small than that. headed over the 10-year budget window businesses. As we now move to a 17- So let me say to you, about $2.03 tril- that the President has proposed to- year low in economic activity, Mr. lion of the $4 trillion he claims: already wards $26 trillion. Speaker, you see our regulatory bur- the law of the land. Now, Mr. Speaker, what I have here dens are at a historic high. That’s not Down here, Mr. Speaker, we see an- is a dotted white line that shows what a coincidence. That’s causative. other $850 billion in savings that he current law is, current law. I have a Mr. Speaker, faced with these chal- claims. I am labeling this the war gim- red bar, a red graph that shows you lenges, the President has presented his mick. And I know ‘‘gimmick’’ is a what the President is proposing. This budget. And I’ll say it again. I said it value-laden word. I might have been in is what you’ll see. when I opened, but I want to say it a bad mood when I labeled it that way, The President is proposing that our again. I appreciate the President tak- but I think it’s accurate. So $850 bil- debt increase in 2013, increase in 2014, ing on that leadership role. It’s a role lion, Mr. Speaker, the President says increase in 2015 and ’16 and ’17 and ’18 that the law requires that he take it he’s saving the American people. Why? and ’19 and ’20 and ’21. And then, Mr. on, and so he takes it on. Because wars that were never going to Speaker, you’re not going to be able to That would distinguish him from the happen, dollars that had never been re- see it, but way out here—and I’ve United States Senate, where the law quested, troops that had never been de- blown it up just so folks can see it back also requires that they take it on but ployed are, in fact, not going to be de- in their offices—you’ll see a little bit they ignore that responsibility year ployed. Hear that. This is $850 billion of green because those tough decisions, after year after year after year. And over the 10-year window, war savings, those tough decisions made in these the reason they do, Mr. Speaker—and I he claims. Money that was never asked hundreds upon hundreds upon hundreds don’t mind sharing this with folks. for, never appropriated, never going to of pages about how to solve the Amer- Folks know it. Folks back in their of- be appropriated, and would have had to ican debt burden happen—just this fices watching, they know why. Be- have been borrowed had we needed it. much, but happen—in the year 2021. cause a budget is a moral document. It’s not saved money, Mr. Speaker. It’s 2021, Mr. Speaker, is when this budget, You can’t publish hundreds and hun- fictional money that was never out for the first time, begins to save the American people some bit of debt bur- dreds and hundreds of pages without there, and the President claims credit den over current law. telling the American people how you for it. Why? Because he needs it to get feel about the challenges facing our to his $4 trillion figure. b 1400 Nation. Down here we have debt service gim- We can do better, Mr. Speaker. The As I said in the beginning, this docu- micks, Mr. Speaker; money that we President said this is a make-or-break ment tells me the President feels pow- would have borrowed but we’re not moment for the middle class. This is a erless to confront any of the problems going to borrow because of changes make-or-break moment for America. facing our Nation because not a single made in the budget. Again, just to be We can do better, and we must. tough decision is made in this entire clear, so far we’ve looked at $2 trillion Mr. Speaker, when I talk about why budget. But at least he put that out already enacted, $850 billion never re- it is this budget doesn’t make any there for the American people to see; quested. We’re now claiming debt serv- tough choices, you can see it here on not so with our colleagues on the Sen- ice savings, savings the President is this chart. This was actually a chart ate side. saying the American people are not coming from the Wall Street Journal This is what happened in the Presi- going to have to pay on debt service on just a few days ago. It talks about dent’s budget, Mr. Speaker. He claims all of these pots of money that we were where the money comes from that pays $4 trillion worth of deficit reduction. never going to have to pay debt service the American bills, the burden here, And again, I want to give him credit to begin with, Mr. Speaker, because the moneys that we owe. It talks about for that. There used to be a time when they were never the law of the land. where those dollars go. On this side folks would send budgets to Capitol These dollars were never going out the where the dollars come from, you’ll Hill and brag about how much more door. We saved these $2 trillion in en- see, Mr. Speaker, about half of it comes money they are spending each year. acted legislation. We never passed leg- from individual income taxes, and When the President wants to sell this islation to spend this $850 billion out about a trillion dollars in annual re- budget to Capitol Hill, he’s bragging the door, yet we have another $300 bil- ceipts come from Social Security, about how much less he’s spending lion in debt savings. Medicare, and retirement receipts. We than previous budgets. He says he’s re- Again, is it good news for the Amer- see a little bit down here for corporate duced the Federal budget by $4 trillion ican people that we’re not going to income tax, for excise income taxes, over the 10-year window. Kudos. Kudos. have to pay that extra $300 billion in and from duties. This is where the Except that’s not exactly how the interest? It’s good news. Don’t let me money comes from. But look at where numbers shake out. be the one to tell you it’s not good the money goes. And this is important, Mr. Speaker, of the $4 trillion that he news. It’s just good news; it’s just good Mr. Speaker, because when we talk claims credit for, $2 trillion has al- news because of what this House has about making tough decisions, when ready been passed into law. You’ll re- already done, because of laws we have we talk about confronting the moun- member this new freshman class that already passed, because of decisions we tain of debt that’s building, when we you and I are a part of, Mr. Speaker, have already made. Not one penny of talk about doing things that will make we came in here and we passed the 2011 that comes from any new decision certain that the lives that our children appropriations bills. We passed the 2012 made in these hundreds upon hundreds will lead will be more prosperous than appropriations bills. We passed the upon hundreds of pages, Mr. Speaker. the lives that we have led, we have to Budget Control Act. We implemented Not one penny. go after those issues that matter.

VerDate Mar 15 2010 03:11 Feb 18, 2012 Jkt 019060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K17FE7.055 H17FEPT1 pwalker on DSK7TPTVN1PROD with HOUSE H942 CONGRESSIONAL RECORD — HOUSE February 17, 2012 These orange colors here, Mr. Speak- America go to confront these financial ways had into something different. er, is what we call discretionary spend- challenges. That’s where current law is taking us. ing. That’s spending that we’ve taken a Do you think we can dodge these Or you can reclaim the America that trillion dollars out of thus far going challenges, Mr. Speaker? Do you think we have always dreamed of, that our forward. It’s defense spending in this we can just put these things out of our parents, our grandparents, and our pie piece, nondefense discretionary head and pretend they don’t exist? great-grandparents passed down to us, spending, and then that takes us to This is what we’re looking at, Mr. sacrificed for. We can reclaim that this giant red area, Mr. Speaker. This Speaker. I wish you could see this. America by making tough decisions. giant red area has three things in it. What we have here is the debt in this Mr. Speaker, we have to make those The big pie piece is Medicare and Med- country as a percentage of GDP, as a tough decisions. And with the Amer- icaid. That’s where the money goes. percentage of our total economy. We ican people behind us, we will succeed. Money in this country that the Federal look at places like Greece where the I thank you for the time, and I yield Government spends goes to pay health debt has grown so large. This was the back the balance of my time. debt as the percentage of our economy care costs—Medicare and Medicaid, $1.5 f trillion this year. Social Security, in World War II—in World War II, Mr. folks have been paying into Social Se- Speaker, when things had gotten so ADJOURNMENT curity all their life, they dad gum have tough and we were having to ration Mr. WOODALL. Mr. Speaker, I move a right to get that money back. The rubber, ration steel, ration sugar and that the House do now adjourn. bill we passed today begins to redefine ration salt, when the country had come The motion was agreed to; accord- that commitment for the first time, together to fight a common foe around ingly (at 2 o’clock and 8 minutes p.m.), and I’m concerned about that, but $820 the globe, this was our debt as a per- under its previous order, the House ad- trillion going to Social Security. centage of our economy. journed until Tuesday, February 21, And then $250 billion—$250 billion— Here we are today, Mr. Speaker. 2012, at noon. Mr. Speaker, goes to pay interest on We’re not rationing rubber. We’re not f the debt. Now, just to put that in per- rationing sugar. We’re not taking those spective, let’s go back, Mr. Speaker. common steps of sacrifice because we EXECUTIVE COMMUNICATIONS, We’ve got defense spending, we’ve got think our economy is about to go over ETC. Medicaid and Medicare spending, we’ve the cliff. But it is. And this red line, Under clause 2 of rule XIV, executive got Social Security spending, we’ve got Mr. Speaker; if we continue with this communications were taken from the interest on the debt, and in this pie blue budget that the President has sent Speaker’s table and referred as follows: piece, we have everything else—every- to us that makes no tough choices 5039. A letter from the Program Analyst, thing: Our courts, our highways, our about our future, this red line is the Department of Transportation, transmitting environment, our homeland security, debt that’s coming. This is what the the Department’s final rule — Airworthiness our immigration and our parks—every- law of the land spends on behalf of your Directives; Rolls-Royce plc (RR) RB211-Trent thing else. family, and mine, and every other 800 Series Turbofan Engines [Docket No.: We spend half as much, Mr. Speaker, American family, Mr. Speaker—and FAA-2011-0836; Directorate Identifier 2010- half of that amount that goes to every- spends our Nation into oblivion. NE-38-AD; Amendment 39-16898; AD 2011-26- thing else, we spend on interest pay- The truth is it’s never going to get as 08] (RIN: 2120-AA64) received January 26, ments alone. Half of the amount that bad as this chart. The Congressional 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the Budget Office which does the projec- Committee on Transportation and Infra- this country spends on everything ex- structure. cept Social Security, Medicare, Med- tions, their computer actually breaks 5040. A letter from the Program Analyst, icaid, interest on the national debt, na- down about halfway through that red Department of Transportation, transmitting tional defense—everything else we line and says that there’s just no way the Department’s final rule — Airworthiness spend half that amount on interest the economy can continue to function Directives; Rolls-Royce plc (RR) RB211-Trent payments alone this year, when inter- under these circumstances. America 800 Series Turbofan Engines [Docket No.: est rates are at their lowest level in a will no longer exist. FAA-2011-0836; Directorate Identifier 2010- century. Mr. Speaker, what do you So the good news is, Mr. Speaker, it’s NE-38-AD; Amendment 39-16898; AD 2011-26- not really going to get to the end of 08] (RIN: 2120-AA64) received January 26, think is going to happen when interest 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the rates are no longer at their lowest level that line. But that’s the challenge that Committee on Transportation and Infra- in a century? This bar is going to confronts us, and that’s the challenge structure. eclipse everything. So what can we do? that this budget avoids. 5041. A letter from the Program Analyst, I’ll tell you what we can do. The But that’s not why you and I ran for Department of Transportation, transmitting money is in Medicare and Medicaid. Congress, Mr. Speaker. We ran for Con- the Department’s final rule — Airworthiness The money is in Social Security. Mr. gress to make a difference. To a man Directives; Bell Helicopter Textron Canada Speaker, I’m in my 40s, we must—we and a woman in this freshman class, (Bell) Model 407 and 427 Helicopters [Docket must—come to people in my age brack- Republicans and Democrats alike, Mr. No.: FAA-2011-1035; Directorate Identifier Speaker, I have not met one that came 2011-SW-038-AD; Amendment 39-16817; AD et and say, no more. You will not get 2011-15-51] (RIN: 2120-AA64) received January what your parents got. You’ve got to here because they thought it was a 26, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to say that to me. You will not receive nifty looking business card. I haven’t the Committee on Transportation and Infra- what your parents received. You’ve got met one that came here because they structure. to say that to me. couldn’t do anything else and they 5042. A letter from the Program Analyst, Will there be a safety net? There will. thought, why not I run for Congress? Department of Transportation, transmitting Can we provide certainty to folks that To a man and a woman, every Repub- the Department’s final rule — Airworthiness it will be there? We can. But if you lican and Democrat I’ve met in this Directives; International Aero Engines Tur- talk to anybody in their 40s, Mr. freshman class came to this body be- bofan Engines [Docket No.: FAA-2010-0494; Directorate Identifier 2010-NE-20-AD; Speaker, they’ll tell you that they ex- cause they want to save America from Amendment 39-16884; AD 2011-25-08] (RIN: pect those programs to be long bank- certain demise—certain demise. It’s 2120-AA64) received January 26, 2012, pursu- rupt anyway. Why? Because they are. not possible demise. It’s not maybe ant to 5 U.S.C. 801(a)(1)(A); to the Committee So these are the tough decisions that kind of demise. It is certain demise. on Transportation and Infrastructure. we have to make: What are we going to And so what we did as a body, Mr. 5043. A letter from the Program Analyst, tell the next generation? How are we Speaker, when the Senate wouldn’t Department of Transportation, transmitting going to protect these benefits from act, when the President couldn’t act, the Department’s final rule — Airworthiness the current generation? what we did as a body is pass the pros- Directives; BAE SYSTEMS (Operations) And, Mr. Speaker, this budget does Limited Airplanes [Docket No.: FAA-2011- perity budget, which is this green line 0911; Directorate Identifier 2010-NM-248-AD; none of that. Not a word, not an idea, which changes the course of America. Amendment 39-16883; AD 2011-25-07] (RIN: not a proposal. There is nothing in the Mr. Speaker, there are two ways to 2120-AA64) received January 26, 2012, pursu- President’s 2013 budget that even hints change the course of America. You can ant to 5 U.S.C. 801(a)(1)(A); to the Committee at the direction he would propose that change the America that we have al- on Transportation and Infrastructure.

VerDate Mar 15 2010 03:11 Feb 18, 2012 Jkt 019060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\K17FE7.056 H17FEPT1 pwalker on DSK7TPTVN1PROD with HOUSE February 17, 2012 CONGRESSIONAL RECORD — HOUSE H943 5044. A letter from the Program Analyst, Service, transmitting the Service’s final rule transnational organized crime and for infor- Department of Transportation, transmitting — Revenue Ruling: 2010 Prevailing State As- mation concerning foreign nationals wanted the Department’s final rule — Airworthiness sumed Interest Rates (Rev. Rul. 2012-6) re- by international criminal tribunals, and for Directives; Lycoming Engines, Fuel Injected ceived January 13, 2012, pursuant to 5 U.S.C. other purposes; to the Committee on Foreign Reciprocating Engines [Docket No.: FAA- 801(a)(1)(A); to the Committee on Ways and Affairs. 2007-0218; Directorate Identifier 92-ANE-56- Means. By Mr. GRIFFIN of Arkansas (for him- AD; Amendment 39-16894; AD 2011-26-04] (RIN: 5054. A letter from the Director, Office of self, Mr. SMITH of Texas, Mr. COBLE, 2120-AA64) received January 26, 2012, pursu- Management and Budget, transmitting Mr. GALLEGLY, Mr. CHABOT, Mr. ant to 5 U.S.C. 801(a)(1)(A); to the Committee OMB’s final sequestration report for fiscal FRANKS of Arizona, Mr. POE of Texas, on Transportation and Infrastructure. year 2012, pursuant to 2 U.S.C. 904; (H. Doc. Mr. CHAFFETZ, Mr. MARINO, Mr. 5045. A letter from the Program Analyst, No. 112—87); to the Committee on the Whole GOWDY, Mr. ROSS of Florida, Mrs. Department of Transportation, transmitting House on the State of the Union and ordered ADAMS, Mr. QUAYLE, Mr. AMODEI, and the Department’s final rule — Airworthiness to be printed. Mr. CARTER): Directives; Rolls-Royce plc (RR) RB211-524 f H.R. 4078. A bill to provide that no agency Series Turbofan Engines [Docket No.: FAA- may take any significant regulatory action 2009-0162; Directorate Identifier 2004-NE-19- REPORTS OF COMMITTEES ON until the unemployment rate is equal to or AD; Amendment 39-16803; AD 2011-18-21] (RIN: PUBLIC BILLS AND RESOLUTIONS less than 6.0 percent; to the Committee on 2120-AA64) received January 26, 2012, pursu- Under clause 2 of rule XIII, reports of Oversight and Government Reform, and in ant to 5 U.S.C. 801(a)(1)(A); to the Committee committees were delivered to the Clerk addition to the Committee on the Judiciary, on Transportation and Infrastructure. for printing and reference to the proper for a period to be subsequently determined 5046. A letter from the Program Analyst, by the Speaker, in each case for consider- Department of Transportation, transmitting calendar, as follows: ation of such provisions as fall within the ju- the Department’s final rule — Airworthiness Mr. SMITH of Texas: Committee on the Ju- risdiction of the committee concerned. Directives; The Boeing Company Airplanes diciary. H.R. 1433. A bill to protect private By Mr. MCKINLEY (for himself, Ms. [Docket No.: FAA-2011-0649; Directorate property rights; with an amendment (Rept. WATERS, and Mrs. NAPOLITANO): Identifier 2011-NM-076-AD; Amendment 39- 112–401). Referred to the Committee of the H.R. 4079. A bill to amend title 38, United 16882; AD 2011-25-06] (RIN: 2120-AA64) received Whole House on the state of the Union. States Code, to require recipients of grants January 26, 2012, pursuant to 5 U.S.C. f and other assistance from the Secretary of 801(a)(1)(A); to the Committee on Transpor- Veterans Affairs for the provision of housing tation and Infrastructure. PUBLIC BILLS AND RESOLUTIONS and other services for homeless veterans to 5047. A letter from the Senior Regulations Under clause 2 of rule XII, public comply with codes relevant to operations Analyst, Department of Transportation, bills and resolutions of the following and level of care provided, and for other pur- transmitting the Department’s final rule — titles were introduced and severally re- poses; to the Committee on Veterans’ Af- Transportation for Individuals With Disabil- ferred, as follows: fairs. ities at Intercity, Commuter, and High Speed By Mr. ACKERMAN: Passenger Railroad Station Platforms; Mis- By Ms. BALDWIN (for herself and Mr. H.R. 4080. A bill to direct the Architect of cellaneous Amendments [Docket: OST-2006- RIBBLE): the Capitol to acquire a statue of ‘‘The Un- H.R. 4071. A bill to amend title VII of the 23985] (RIN: 2105-AD54) received January 26, known Slave’’ for permanent display in Tariff Act of 1930 to provide that the provi- 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the Emancipation Hall in the Capitol Visitor sions relating to countervailing duties apply Committee on Transportation and Infra- Center, and for other purposes; to the Com- to nonmarket economy countries; to the structure. mittee on House Administration. 5048. A letter from the Senior Regulations Committee on Ways and Means. By Mr. GRAVES of Missouri (for him- By Mr. MILLER of Florida (for himself Analyst, Department of Transportation, self and Mr. WEST): transmitting the Department’s final rule — and Mr. STUTZMAN): H.R. 4081. A bill to amend the Small Busi- H.R. 4072. A bill to amend title 38, United Grants and Cooperative Agreements to State ness Act to consolidate and revise provisions States Code, to improve employment serv- and Local Governments: DOT Amendments relating to contract bundling, and for other ices for veterans by consolidating various purposes; to the Committee on Small Busi- on Regulations on Uniform Administrative programs in the Department of Veterans Af- ness. Requirements for Grants and Agreements fairs, and for other purposes; to the Com- By Mr. HIGGINS (for himself, Mr. With Institutions of Higher Education, Hos- mittee on Veterans’ Affairs, and in addition MCINTYRE, Mr. MORAN, Mr. pitals and Other Non-Profit Organizations to the Committee on the Budget, for a period MCDERMOTT, Mr. BACA, and Mr. HIN- (RIN: 2105-AD60) received January 26, 2012, to be subsequently determined by the Speak- CHEY): pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- er, in each case for consideration of such pro- mittee on Transportation and Infrastruc- H.R. 4082. A bill to amend title VII of the visions as fall within the jurisdiction of the Social Security Act to require the President ture. committee concerned. to transmit the annual budget of the Social 5049. A letter from the Director of Regula- By Mr. LAMBORN: Security Administration without revisions tion Policy and Management, Office of the H.R. 4073. A bill to authorize the Secretary to Congress, and for other purposes; to the General Counsel, Department of Veterans Af- of Agriculture to accept the quitclaim, dis- fairs, transmitting the Department’s final claimer, and relinquishment of a railroad Committee on Ways and Means. rule — Parents Eligible for Burial (RIN: 2900- right of way within and adjacent to Pike Na- By Mr. PALLONE (for himself, Mr. AO12) received January 31, 2012, pursuant to tional Forest in El Paso County, Colorado, LANGEVIN, Ms. NORTON, Ms. PINGREE 5 U.S.C. 801(a)(1)(A); to the Committee on originally granted to the Mt. Manitou Park of Maine, Mr. CICILLINE, Mr. Veterans’ Affairs. and Incline Railway Company pursuant to MICHAUD, and Mr. ENGEL): H.R. 4083. A bill to amend title V of the So- 5050. A letter from the Director of Regula- the Act of March 3, 1875; to the Committee cial Security Act to extend funding for fam- tion Policy and Management, Office of the on Natural Resources. ily-to-family health information centers to General Counsel, Department of Veterans Af- By Mr. BROUN of Georgia (for himself, help families of children with disabilities or fairs, transmitting the Department’s final Mr. WILSON of South Carolina, and special health care needs make informed rule — Medical Foster Homes (RIN: 2900- Mr. COBLE): AN80) received January 31, 2012, pursuant to H.R. 4074. A bill to amend section 1951 of choices about health care for their children; 5 U.S.C. 801(a)(1)(A); to the Committee on title 18, United States Code (commonly to the Committee on Energy and Commerce. Veterans’ Affairs. known as the Hobbs Act), and for other pur- By Mr. TIERNEY (for himself, Ms. 5051. A letter from the Chief, Publications poses; to the Committee on the Judiciary. SLAUGHTER, Mr. DEFAZIO, Mr. and Regulations Branch, Internal Revenue By Mr. TURNER of New York (for him- GEORGE MILLER of California, Mr. Service, transmitting the Service’s final rule self, Mr. GRIMM, Mr. KING of New MCGOVERN, Mr. JACKSON of Illinois, — Damages received on Account of Personal York, and Mr. PALAZZO): Mr. VISCLOSKY, Mr. KUCINICH, Mr. Physical Sickness [TD 9573] (RIN: 1545-BF81) H.R. 4075. A bill to amend the Internal Rev- WELCH, Ms. KAPTUR, Ms. SCHA- received January 26, 2012, pursuant to 5 enue Code of 1986 to allow a credit against KOWSKY, Ms. HIRONO, and Mr. GRI- U.S.C. 801(a)(1)(A); to the Committee on tax for qualified elementary and secondary JALVA): Ways and Means. education tuition; to the Committee on H.R. 4084. A bill to amend the Truth in 5052. A letter from the Chief, Publications Ways and Means. Lending Act to establish a national usury and Regulations Branch, Internal Revenue By Mr. FRANK of Massachusetts: rate for consumer credit card accounts under Service, transmitting the Service’s final rule H.R. 4076. A bill to amend the Truth in open end consumer credit plans, and for — Restitution Payments under the Traf- Lending Act to add a rule of construction re- other purposes; to the Committee on Finan- ficking Victims Protection Act of 2000 [No- lating to certain payments to an employee of cial Services, and in addition to the Com- tice 2012-12] received January 26, 2012, pursu- a mortgage originator; to the Committee on mittee on Rules, for a period to be subse- ant to 5 U.S.C. 801(a)(1)(A); to the Committee Financial Services. quently determined by the Speaker, in each on Ways and Means. By Mr. ROYCE: case for consideration of such provisions as 5053. A letter from the Chief, Publications H.R. 4077. A bill to authorize the Secretary fall within the jurisdiction of the committee and Regulations Branch, Internal Revenue of State to pay a reward to combat concerned.

VerDate Mar 15 2010 03:11 Feb 18, 2012 Jkt 019060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\L17FE7.000 H17FEPT1 pwalker on DSK7TPTVN1PROD with HOUSE H944 CONGRESSIONAL RECORD — HOUSE February 17, 2012 By Mr. WELCH (for himself, Mr. men and women to protect public safety and Congress has the power to enact this legis- COURTNEY, Mr. OWENS, Ms. HOCHUL, expressing support for designation of April lation pursuant to the following: Mr. HIGGINS, and Mr. OLVER): 18, 2012, as National Journeymen Linemen The bill is authorized by Congress’ power H.R. 4085. A bill to amend the Food, Con- Day; to the Committee on Energy and Com- to ‘‘provide for the common Defense and gen- servation, and Energy Act of 2008 to extend merce. eral Welfare of the United States’’ pursuant and improve the milk income loss contract f to Article I, section 8 of the United States program; to the Committee on Agriculture. Constitution. By Mr. ALEXANDER (for himself, Mr. CONSTITUTIONAL AUTHORITY By Mr. ACKERMAN: HARRIS, Mr. BASS of New Hampshire, STATEMENT H.R. 4080. Mr. CASSIDY, Mr. BOUSTANY, Mr. Pursuant to clause 7 of rule XII of Congress has the power to enact this legis- WITTMAN, Mr. CARTER, Mr. ROKITA, lation pursuant to the following: the Rules of the House of Representa- Mr. HARPER, Ms. FOXX, Mr. SCOTT of Article I of the Constitution South Carolina, Mr. TIPTON, Mr. SCA- tives, the following statements are sub- By Mr. GRAVES of Missouri: LISE, Mr. BENISHEK, and Mr. LANDRY): mitted regarding the specific powers H.R. 4081. H.J. Res. 104. A joint resolution dis- granted to Congress in the Constitu- Congress has the power to enact this legis- approving a rule submitted by the Depart- tion to enact the accompanying bill or lation pursuant to the following: ment of Labor relating to Temporary Non- joint resolution. The Congress enacts this bill pursuant to agricultural Employment of H-2B Aliens in Clause 1 of Section 8 of Article I of the the United States; to the Committee on the By Ms. BALDWIN: H.R. 4071. United States Constitution, which provides Judiciary. Congress has the power to enact this legis- Congress with the ability to enact legisla- By Mr. BOSWELL (for himself, Mr. lation pursuant to the following: tion necessary and proper to effectuate its CARDOZA, Mr. COSTA, Mr. HOLDEN, Article I, Section 8, Clause 3 purposes in taxing and spending. Mr. BOREN, Mr. CHANDLER, Mr. DAVID By Mr. MILLER of Florida: By Mr. HIGGINS: SCOTT of Georgia, Mr. LOEBSACK, and H.R. 4072. H.R. 4082. Mr. BRALEY of Iowa): Congress has the power to enact this legis- Congress has the power to enact this legis- H. Con. Res. 103. Concurrent resolution ex- lation pursuant to the following: lation pursuant to the following: pressing the sense of Congress that the effec- Article I, section 8 of the Constitution of Article 1, Section 8 of the United States tive Federal tax rate paid by the President the United States. Constitution and Vice-President of the United States, and By Mr. LAMBORN: By Mr. PALLONE: Members of the House of Representatives H.R. 4073. H.R. 4083. and Senate, should not be less than the effec- Congress has the power to enact this legis- Congress has the power to enact this legis- tive Federal tax rate paid by middle class lation pursuant to the following: lation pursuant to the following: Americans; to the Committee on Ways and Article 4, Section 3, Clause 2, relating to Clause 18 of Section 8 of Article I of the Means. the power of Congress to dispose of and make United States Constitution. By Mr. ROHRABACHER (for himself, all needful rules and regulations respecting By Mr. TIERNEY: Mr. GOHMERT, and Mr. KING of Iowa): the territory or other property belonging to H.R. 4084. H. Con. Res. 104. Concurrent resolution ex- the United States. Congress has the power to enact this legis- pressing the sense of Congress that the peo- By Mr. BROUN of Georgia: lation pursuant to the following: ple of Baluchistan, currently divided be- H.R. 4074. Article I, section 8 of the United States tween Pakistan, Iran, and Afghanistan, have Congress has the power to enact this legis- Constitution. the right to self-determination and to their lation pursuant to the following: By Mr. WELCH: own sovereign country; to the Committee on Article I, Section 8, Clause 3 of the Con- H.R. 4085. Foreign Affairs. stitution: ‘‘To regulate Commerce with for- Congress has the power to enact this legis- By Mr. PITTS (for himself, Mr. FRANKS eign Nations, and among the several States, lation pursuant to the following: of Arizona, Mr. SHULER, Mr. WOLF, and with the Indian Tribes.’’ Article 1, Section 8, Clause 18: The Con- Mr. MCGOVERN, Mr. ELLISON, and Mr. By Mr. TURNER of New York: gress shall have Power To . . . make all CARTER): H.R. 4075. Laws which shall be necessary and proper for H. Res. 556. A resolution condemning the Congress has the power to enact this legis- carrying into Execution the foregoing Pow- Government of Iran for its continued perse- lation pursuant to the following: ers, and all other Powers vested by this Con- cution, imprisonment, and sentencing of Article I, Section 8, Clause 1 of the Con- stitution in the Government of the United Youcef Nadarkhani on the charge of apos- stitution of the United States: States, or in any Department or Officer tasy; to the Committee on Foreign Affairs. The Congress shall have Power To lay and thereof. By Mr. PASCRELL: collect Taxes, Duties, Imposts and Excises, By Mr. ALEXANDER: H. Res. 557. A resolution expressing the to pay the Debts and provide for the common H.J. Res. 104. sense of the House of Representatives that Defence and general Welfare of the United Congress has the power to enact this legis- the current property tax deduction on pri- States; but all Duties, Imposts and Excises lation pursuant to the following: vate residences should not be further re- shall be uniform throughout the United Clause 1 of section 8 of article I of the Con- stricted; to the Committee on Ways and States; stitution, which says ‘‘The Congress shall Means. Article I, Section 8, Clause 18 of the Con- have Power To lay and collect Taxes, Duties, By Mr. DREIER: stitution of the United States Imposts and Excises, to pay the Debts and H. Res. 558. A resolution directing the The Congress shall have Power to make all provide for the common Defence and general Clerk of the House of Representatives to pro- Laws which shall be necessary and proper for Welfare of the United States . . .’’ vide a copy of the on-the-record portions of carrying into Execution the forgoing Powers, the audio backup file of the deposition of and all other Powers vested by this Constitu- f William R. Clemens that was conducted by tion in the Government of the United States the Committee on Oversight and Govern- or in any Department or Officer thereof. ADDITIONAL SPONSORS ment Reform on February 5, 2008, to the By Mr. FRANK of Massachusetts: Under clause 7 of rule XII, sponsors prosecuting attorneys in the case of United H.R. 4076. were added to public bills and resolu- States of America v. Clemens, No. 1:10-cr- Congress has the power to enact this legis- tions as follows: 00223-RBW (D.D.C.); considered and agreed lation pursuant to the following: to. Article I, Section 8 of the United States H.R. 104: Mr. SCOTT of Virginia. By Mr. MCKINLEY: Constitution, specifically Clause 1, Clause 3, H.R. 210: Mr. AMODEI and Mr. CARNAHAN. H. Res. 559. A resolution calling for the re- and Clause 18. H.R. 324: Mr. BOREN. lease of United States citizens being held by By Mr. ROYCE: H.R. 420: Mr. CRENSHAW and Mr. YOUNG of the Government of Egypt; to the Committee H.R. 4077. Indiana. on Foreign Affairs. Congress has the power to enact this legis- H.R. 481: Ms. WOOLSEY and Mr. FILNER. By Ms. LEE of California (for herself, lation pursuant to the following: H.R. 494: Mrs. LOWEY. Mr. CARNAHAN, Mr. BURGESS, Mrs. Article I, Section 8 of the Constitution H.R. 505: Mrs. LOWEY. CAPITO, and Mr. YOUNG of Florida): By Mr. GRIFFIN of Arkansas: H.R. 591: Mr. JACKSON of Illinois. H. Res. 560. A resolution supporting the H.R. 4078. H.R. 592: Mr. STARK. goals and ideals of Multiple Sclerosis Aware- Congress has the power to enact this legis- H.R. 605: Mr. TURNER of Ohio. ness Week; to the Committee on Energy and lation pursuant to the following: H.R. 708: Mr. PRICE of North Carolina. Commerce. Article I, Section 1 of the U.S. Constitu- H.R. 718: Mr. CAPUANO. By Mr. GINGREY of Georgia: tion, and Article I, Section 8 of the U.S. Con- H.R. 894: Mr. CLAY. H. Res. 561. A resolution recognizing the stitution, including, but not limited to, H.R. 930: Mr. SCHRADER. National Association of Journeymen Line- Clauses 1, 3 and 18. H.R. 1004: Mrs. BLACK. men and the profession of Journeymen Line- By Mr. MCKINLEY: H.R. 1179: Mr. PETRI, Mr. QUAYLE, Mr. men and the contributions of these brave H.R. 4079. FLEISCHMANN, Mr. LUCAS, Mr. ROHRABACHER,

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Mr. GERLACH, Mr. SHIMKUS, and Mr. MCCAR- H.R. 3086: Mr. COLE, Mr. YOUNG of Alaska, H.R. 4018: Mr. GERLACH and Mr. HOLT. THY of California. and Mr FILNER. H.R. 4032: Mr. TOWNS, Ms. NORTON, Mr. H.R. 1404: Mr. PASCRELL. H.R. 3283: Ms. HAYWORTH. PETERS , Mr. RYAN of Ohio, Ms. LEE of Cali- H.R. 1418: Mr. CARSON of Indiana. H.R. 3337: Ms. PINGREE of Maine, Mr. fornia, Mr. HASTINGS of Florida, and Mr. H.R. 1483: Ms. NORTON. STARK, and Mr. CICILLINE. CARNAHAN. H.R. 3365: Mr. LABRADOR, Ms. WOOLSEY, and H.R. 1488: Ms. SPEIER and Mr. HIMES. H.R. 4040: Mr. STIVERS, Mr. RICHMOND, Mr. H.R. 1511: Mr. SCHOCK and Mr. LATHAM. Mr. FILNER. BASS of New Hampshire, Mr. DOLD, Mr. SIMP- H.R. 1589: Mr. HANNA. H.R. 3506: Mr. TIBERI. SON, Mr. BENISHEK, Mr. GOWDY, Mr. H.R. 1639: Mr. WALSH of Illinois. H.R. 3510: Mr. ROSKAM and Mr. MCNERNEY. MULVANEY, Mr. SOUTHERLAND, Mr. ACKER- H.R. 1681: Mr. SCOTT of Virginia. H.R. 3513: Mr. JACKSON of Illinois, Mr. FIL- MAN, Mr. BECERRA, Mr. BOSWELL, Mr. CAPU- H.R. 1781: Ms. WATERS. NER, Mr. GRIJALVA, and Mr. COHEN. ANO, Mr. CLAY, Mr. COURTNEY, Mr. CUELLAR, H.R. 1860: Mr. MILLER of Florida. H.R. 3533: Mr. STARK. Mr. GENE GREEN of Texas, Mr. GRIJALVA, Mr. H.R. 1955: Mrs. CAPPS and Mr. BISHOP of H.R. 3545: Mr. HASTINGS of Florida. GUTIERREZ, Mr. HONDA, Mr. HUNTER, Mr. New York. H.R. 3551: Mr. LAMBORN and Mr. BROUN of KIND, Mr. LATOURETTE, Mr. LUJA´ N, Mr. H.R. 2233: Mr. FILNER. Georgia. LYNCH, Mrs. MCCARTHY of New York, Mr. H.R. 2245: Ms. HAHN. H.R. 3596: Mr. SARBANES. H.R. 3612: Mr. GUTIERREZ and Mr. MAN- C ARTHY EEKS H.R. 2288: Mr. LOBIONDO. M C of California, Mr. M , Mr. ZULLO H.R. 2404: Mr. DINGELL. . PASTOR of Arizona, Mr. PERLMUTTER, Mr. H.R. 3627: Mr. BISHOP of New York, Mr. H.R. 2505: Ms. DEGETTE. REYES, Mr. SHERMAN, Mr. SHIMKUS, Mr. ROSS of Arkansas, and Mr. BUTTERFIELD. H.R. 2529: Mrs. BLACK, Mrs. MCMORRIS ROD- SIRES, Mr. WATT, Mr. YARMUTH, and Mr. H.R. 3661: Mr. PETERS . GERS, and Mr. WALSH of Illinois. YOUNG of Alaska. H.R. 3695: Ms. LEE OF CALIFORNIA and Ms. H.R. 2569: Mr. DIAZ-BALART. H.R. 4062: Mr. GARY G. MILLER of Cali- MCCOLLUM. H.R. 2595: Mr. RANGEL. fornia. H.R. 3709: Mr. AMASH. H.R. 2669: Mr. BRALEY of Iowa, Mr. ROTH- H.J. Res. 78: Mr. MCGOVERN. H.R. 3712: Mr. REYES, Mr. MCDERMOTT, and MAN of New Jersey, Mr. GARAMENDI, Mr. LAN- Ms. BORDALLO. H.J. Res. 83: Ms. LORETTA SANCHEZ of Cali- GEVIN, Mr. COSTELLO, Mr. JACKSON of Illinois, H.R. 3713: Mr. BISHOP of Utah and Mr. fornia and Ms. LINDA T. SA´ NCHEZ of Cali- and Mr. BRADY of Pennsylvania. MARINO. fornia. H.R. 2689: Ms. EDDIE BERNICE JOHNSON of H.R. 3770: Mr. MCCOTTER. H. Con. Res. 102: Mr. STIVERS. Texas, Mr. STARK, Mr. DAVIS of Illinois, Mr. H.R. 3798: Mr. LEVIN, Mr. CLARKE of Michi- H. Res. 474: Ms. NORTON and Mr. CICILLINE. RANGEL, and Mr. CONYERS. gan, and Mr. PETERS. H. Res. 552: Mr. KILDEE. H.R. 2697: Mr. HERGER and Mr. SMITH of H.R. 3814: Mr. BOUSTANY and Mr. GENE Washington. GREEN of Texas. H.R. 2888: Mr. MICHAUD. H.R. 3826: Mr. MILLER of North Carolina, f H.R. 2902: Ms. BASS of California and Ms. Mr. MCGOVERN, and Mr. LARSEN of Wash- RICHARDSON. ington. DELETIONS OF SPONSORS FROM H.R. 2957: Mr. FILNER, Mr. GUTIERREZ, Mr. H.R. 3881: Ms. MOORE. PUBLIC BILS AND RESOLUTIONS MORAN, and Mrs. MALONEY. H.R. 3894: Mr. GUTIERREZ, Mr. JOHNSON of H.R. 2969: Mr. ROSS of Arkansas and Mr. Illinois, Mr. COSTELLO, Mr. RUSH, Mr. DAVIS Under clause 7 of rule XII, sponsors MICHAUD. of Illinois, Mr. SCHOCK, Mr. DOLD, and Ms. were deleted from public bills and reso- H.R. 2970: Mr. CLAY. SCHAKOWSKY. lutions as follows: H.R. 3046: Mr. RANGEL, Mrs. CAPPS, Mr. H.R. 3994: Mr. LONG. HOLDEN, Mr. DOGGETT, and Mr. KIND. H.R. 4000: Mr. SCHILLING and Mr. CONAWAY. H.R. 1380: Mr. BARLETTA. H.R. 3066: Mr. COBLE. H.R. 4010: Mr. HINCHEY, Ms. KAPTUR, and H.R. 1964: Ms. JENKINS. H.R. 3074: Mr. HULTGREN. Mr. MCDERMOTT. H.R. 3086: Mr. FRANK of Massachusetts.

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Vol. 158 WASHINGTON, FRIDAY, FEBRUARY 17, 2012 No. 27 Senate The Senate met at 10 a.m. and was COONS, a Senator from the State of Dela- I ask unanimous consent that the called to order by the Honorable CHRIS- ware, to perform the duties of the Chair. second vote in order of that sequence TOPHER A. COONS, a Senator from the DANIEL K. INOUYE, be 10 minutes in duration and that— State of Delaware. President pro tempore. well, I don’t need consent; the vote Mr. COONS thereupon assumed the starts at 11 o’clock. PRAYER chair as Acting President pro tempore. The ACTING PRESIDENT pro tem- The Chaplain, Dr. Barry C. Black, of- f pore. Is there objection? Without objec- tion, it is so ordered. fered the following prayer: RECOGNITION OF THE MAJORITY Mr. REID. Following morning busi- Let us pray. LEADER Eternal Father, whose goodness and ness, we will resume consideration of beneficence sustains us, thank You for The ACTING PRESIDENT pro tem- the matters that will be before the the challenges of this day and for the pore. The majority leader is recog- Senate. At a time to be determined, opportunity to do Your will on Earth. nized. there will be at least two rollcall votes. Lord, we acknowledge that it is from f I am sorry, I will rephrase that. We will have other votes, or vote, to dis- You that we borrow our heartbeats. ORDER OF PROCEDURE Today, guide the steps of our law- pense with the conference report. We makers so that they will follow Your Mr. REID. Mr. President, I ask unan- have to find out what the House does precepts and fulfill Your purposes. imous consent that when the Senate on that matter first. Keep them from temptation, from resumes legislative session following f weakness and sin. Lord, fill them with the vote on confirmation of the Furman nomination, the Senate pro- MEASURE PLACED ON THE a vibrant faith that will not shrink CALENDAR—S. 2118 though pressed by many a foe. May ceed to the consideration of the con- their moments and their days ever flow ference report to accompany H.R. 3630; Mr. REID. Mr. President, S. 2118 is at in ceaseless praise. that there be up to 10 minutes of de- the desk and due for a second reading. We pray in Your great Name. Amen. bate, equally divided between the two The ACTING PRESIDENT pro tem- leaders or their designees prior to a pore. The clerk will report the bill by f vote on adoption of the conference re- title for the second time. port; that there be no motions or The legislative clerk read as follows: PLEDGE OF ALLEGIANCE points of order in order to the con- A bill (S. 2118) to remove unelected, unac- The Honorable CHRISTOPHER A. COONS ference report prior to the vote; and countable bureaucrats from seniors’ personal led the Pledge of Allegiance, as follows: that following the vote on the con- health decisions by repealing the Inde- I pledge allegiance to the Flag of the ference report, the majority leader be pendent Payment Advisory Board. United States of America, and to the Repub- recognized. Mr. REID. I object to any further lic for which it stands, one nation under God, The ACTING PRESIDENT pro tem- proceedings with respect to this legis- indivisible, with liberty and justice for all. pore. Without objection, it is so or- lation. dered. f The ACTING PRESIDENT pro tem- f pore. Objection having been heard, the bill will be placed on the calendar. APPOINTMENT OF ACTING SCHEDULE PRESIDENT PRO TEMPORE Mr. REID. Mr. President, I have to Mr. REID. Mr. President, following give a few remarks. They are very The PRESIDING OFFICER. The any leader remarks, the Senate will be short in nature. Then my friend can clerk will please read a communication in a period of morning business until proceed, but I will maintain the floor to the Senate from the President pro 11:00 a.m., with the Republicans con- for just a few minutes. tempore (Mr. INOUYE). trolling the first half and the majority f The legislative clerk read the fol- controlling the final half. We will not lowing letter: have the full half hour on each side. It 2012 SUPERINTENDENT OF THE U.S. SENATE, will be until 11 a.m. today. My intent is YEAR PRESIDENT PRO TEMPORE, to have the vote on the two pending Mr. REID. Mr. President, we were no- Washington, DC, February 17, 2012. To the Senate: matters; that is, the Furman nomina- tified last night that Dr. Heath Morri- Under the provisions of rule I, paragraph 3, tion and the cloture vote on the sur- son, Superintendent of the Washoe of the Standing Rules of the Senate, I hereby face transportation bill, beginning at County School District—that is Reno appoint the Honorable CHRISTOPHER A. 11 o’clock. and the metropolitan area there—is

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

S879

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VerDate Mar 15 2010 01:58 Mar 08, 2012 Jkt 099060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S17FE2.REC S17FE2 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S880 CONGRESSIONAL RECORD — SENATE February 17, 2012 being named the 2012 Superintendent of learned the meaning of the word ‘‘com- RESERVATION OF LEADER TIME the Year by the American Association promise.’’ Both sides gave a little to The ACTING PRESIDENT pro tem- of School Administrators. get something done for the American pore. Under the previous order, the He is just a good person. He hasn’t people. We don’t have to have a fight leadership time is reserved. been there that long, but he came as a on everything. I have said that so f superstar and has changed that school many times recently. We need to work district dramatically. He has raised together. MORNING BUSINESS student achievement, and he has im- We have coming up soon this trans- The ACTING PRESIDENT pro tem- proved the graduation rate. He has portation legislation. I am not happy pore. Under the previous order, the great teachers, administrators, and the with the amendments the Republicans Senate will be in a period of morning whole staff has done very well. have offered. I don’t like them. They business until 11 a.m., with Senators During the short time he has been are not relevant or germane, most of permitted to speak for up to 10 minutes there—some 2 years—the graduation them. But they have a right to offer each, with the time equally divided and rates have increased by almost 25 per- those amendments, so we will have to controlled between the two leaders or cent. That is unheard of around this work our way through those. I hope my their designees, with the Republicans country, and this is a metropolitan Republican colleagues will understand controlling the first half and the ma- area. His success is a testament to the when we get back that they can’t have jority controlling the final half. impact quality educators have on them all. But I will make an effort to The Senator from Iowa. school achievement and on students’ go through those. We will have some Mr. GRASSLEY. Mr. President, I ask lives. votes the Republicans will not want to unanimous consent to speak for 15 min- I was pleased to submit a letter in take either, but we will work through utes in morning business. support of Dr. Morrison’s candidacy for this and get this very important bill The ACTING PRESIDENT pro tem- this honor. He certainly deserves this done. pore. Without objection, it is so or- recognition. So I look forward to con- Whether it is the State of Iowa, the dered. State of Delaware, or the State of Ne- tinuing my work with Dr. Morrison and f the Washoe County School District to vada, it doesn’t matter what State we help improve education for Nevada stu- are looking at, this bill is important POSITION REVERSALS dents. The entire school district, in- because it means jobs and it is helping Mr. GRASSLEY. Mr. President, in re- cluding the school board, is to be com- our infrastructure. cent weeks, we have seen the Obama mended. Mr. President, we have had thou- administration reverse quite a few of sands of organizations supporting this f its positions on very important issues, legislation. Well, that is an exaggera- so I am going to go through several of TRANSPORTATION AND PAYROLL tion, but more than 1,000—hundreds those positions that have been reversed TAX NEGOTIATIONS and hundreds: AAA, the U.S. Chamber to remind people of the number and the Mr. REID. Mr. President, thanks to of Commerce, all the construction consequences of those reversals, and bipartisan cooperation, the conference groups, and labor unions wrote letters also to remind people that when Presi- committee reached an agreement to to us to get this passed. A number of dents make promises, they do not al- extend the payroll tax cut and unem- them have written letters saying: Stop ways keep them. ployment insurance. This compromise offering these irrelevant, ideological This has continued to be a recurring effort also protects Medicare patients’ amendments to this bill. These groups pattern, where the administration’s right to choose the doctors who take believe, as I do, this measure is essen- deeds have not lived up to its words. care of them. tial to job creation and economic Here is the record: I commend the members of the con- growth. This legislation is too impor- The administration reversed its posi- ference committee for their diligence tant for more delays. tion on employer funding for employee Meanwhile, in the House of Rep- and dedication—for holding a lot more contraception, sterilization, and abor- resentatives, their highway bill is so conference sessions. That is the way tion-inducing drugs under the new bad they had to take it down. The view this place should be. They are hard and health care law. Those of us who op- of the Congressional Budget Office was difficult, and they are representative of posed the President’s law when it was that it would bankrupt the trust fund. this body. It is hard to arrive at a re- The highway bill has been paid for passed in 2009 and 2010 warned Catholic sult, but they did. with a trust fund. People who buy some groups that, if it passed—meaning if The Senate will vote on that con- gasoline or diesel fuel pay a tax, and the health care reform bill passed—re- ference report as soon as we can today. that goes into this big trust fund and ligious institutions would be required Of course, we will need Republican sup- allows us to do the infrastructure. But to pay for these services. port to pass it. But the statements because of the economy and people’s For some religious institutions, pay- made by my friend, the Republican driving habits being different, the trust ment or providing these services would leader, make it pretty clear we will get fund doesn’t have enough money. That violate their constitutional right to Republican support because, among is why the Finance Committee, on a bi- freely exercise their religion under the other things, Senator MCCONNELL said partisan basis, had to report enough first amendment. Sure enough, when Republicans strongly support extend- out to fill up that trust fund. But it the Department of Health and Human ing this tax cut for the rest of the year, wasn’t much money. Services issued a regulation imple- and that is good. But what the Republicans have done menting the President’s health care Americans are waiting and watching is, in effect, place a tax on Federal em- law, religious-affiliated entities, such what happens here today. With our ployees to do that. That will never sell, as colleges, hospitals, and charitable economy gaining steam—though still Mr. President. That just will not work. organizations, were required to pay for fragile—it is crucial we prevent a tax We have to have bipartisan legislation. these services. If these institutions did increase on 160 million Americans, and So I hope the House, during its break not pay, then they would face a $2,000 these are working Americans. It is also period, will understand that we have to fine per employee, per year under the important to protect the safety net for work together. We are going to send health care reform bill. millions of Americans who can’t find them a bill, and I hope they get one Many Catholic entities objected. work. We have 31⁄2 million people who that is better than the one they can’t They correctly saw the rule as a threat are in some stage of unemployment in now do and put one together they to their freedom of conscience, pro- this great country, and we must pro- might be able to do. Then we will have tected by the first amendment. But tect seniors’ access to quality medical a conference and work this out. many non-Catholics also were angered. care by protecting a drastic pay cut— Mr. President, compromise worked They knew and feared that if the by preventing a drastic pay cut for the for the payroll tax conference com- health care reform bill proposed by doctors who take care of them. mittee. It always works. So I look for- President Obama allowed the govern- An agreement to solve these issues ward to that day and a significant ac- ment to run roughshod over some peo- was possible because Republicans complishment for this Congress. ple’s freedom to practice their religion,

VerDate Mar 15 2010 01:58 Mar 08, 2012 Jkt 099060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S17FE2.REC S17FE2 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 17, 2012 CONGRESSIONAL RECORD — SENATE S881 it could do the same for practices of simply asking donors to give to super government. We will work together to ensure other religions beyond Catholicism. PACs that independently support his the public trust and establish a system of The regulation was a direct assault on candidacy. Under the new policy, even transparency . . . ’’ freedom of conscience, and the Amer- White House staffers and Cabinet Sec- But that is not policy the adminis- ican people knew it. retaries can attend super PAC events. tration followed in responding to Free- It was no longer a contraceptive At these events, corporations, dom of Information Act requests. The issue. The issue was freedom of reli- unions, and wealthy individuals can Obama Justice Department advised gion. So last week the President or- pay large sums for access to key ad- agencies to tell Freedom of Informa- dered a change. No longer would the ministration policymakers. These ad- tion Act requesters seeking certain na- employer, such as religiously affiliated ministration officials do not directly tional security- or law enforcement-re- institutions, have to pay for coverage ask for money, of course, but they help lated documents that those documents of services to which it conscientiously to raise unlimited funds from corpora- did not exist. objected. Instead, the cost supposedly tions and unions. Of course, this is al- He said to tell them these documents would be paid by insurance companies. lowed under Citizens United, but it is do not exist, even if the agency knew Of course, somebody will ultimately the very same decision the President the documents did exist. have to pay the cost. criticized and now he is going against The process seems to have been to After the President’s reversal, em- his own criticism. make a grand pronouncement and ployers will still pay insurance compa- I do not know what principled posi- score political points. Then, when they nies to provide for coverage and, more tion would allow a President to con- think no one is paying attention, the directly hitting the institutions, those demn a decision and then have his ad- policy shifts. I do not know who was that are self-insured will still have to ministration officials help corporations responsible for vetting this blatantly pay not indirectly but very directly. and unions capitalize on that decision dishonest policy, but the predictable Since the substance has not changed, for his benefit. firestorm ensued and, thank God, the the change appears to be designed to I suspect, of course, that the Presi- administration has now backed down. undercut opposition rather than to re- dent would say he will still oppose that This is not the only instance of the spond to legitimate objections to the decision, even if he indirectly obtains administration failing to practice what earlier policy. Then we get back to ba- the benefits of the Citizens United it preached concerning FOIA requests. sics: There is no such thing as a free case. But I think it is very important A different Obama Executive order lunch. We have to wonder how care- that we understand letting a President gave these directions: fully the original policy was vetted by have it both ways is not principled. The government should not keep informa- the administration. Let us consider another issue—the tion confidential merely because public offi- As a result, President Obama has issue of lobbyists. In December 2011, cials might be embarrassed by disclosure, be- been accused of waging war on religion. through a fundraising e-mail, President cause errors and failures might be revealed, This particular policy violated the Obama wrote: or because of speculative or abstract fears. rights of religious entities and individ- Nondisclosure should never be based on an uals, and the administration considers We don’t take a dime for D.C. lobbyists or effort to protect the personal interests of special-interest PACs—never have and never government officials at the expense of those the matter somehow to simply be will. closed by the press announcement 1 they are supposed to serve. But one of his campaign bundlers, week ago. But the Catholic bishops and That is not how the Department of former Representative Ron Klein, has many other religious organizations vio- Homeland Security handled FOIA re- raised between $200,000 and $500,000 for lently disagree. So Congress may have quests. Homeland Security FOIA re- the Obama campaign. Do you know to overturn the policy if we want to quests were sent to the Secretary’s of- what. Mr. Klein is a registered Federal abide by the strict words of the Con- fice for political appointees to review. stitution and freedom of religion, be- lobbyist. Career FOIA staff were not allowed to On the 2008 campaign trail, President cause if we don’t, I expect the Presi- respond to the requests without the ap- Obama pledged there would be no re- dent’s new policy will be challenged in proval of political appointees. volving door between lobbying and the courts on the first amendment, free The House Governmental Reform and exercise clause, and the Religious Free- serving in his administration. He Oversight Committee has dem- dom Restoration Act. issued an Executive order to bar former onstrated these political officials mis- Moving on to another change of pol- lobbyists from joining his administra- used FOIA exemptions to prevent the icy. Another recent policy shift oc- tion to work at agencies they recently release of embarrassing records. This curred on a different first amendment lobbied. Yet he issued a waiver allow- was in direct violation of the Presi- issue beyond freedom of religion. Turn- ing William Lynn, who had been a top dent’s promise. ing to the right of free speech. lobbyist for a major defense con- Moving on. As a candidate, President The Supreme Court ruled that the tractor, to manage day-to-day oper- Obama stated that: first amendment required that corpora- ations at the Pentagon. More recently, [i]t is a clear abuse of power to use [sign- tions and labor unions be allowed to he made Cecilia Munoz the head of his ing] statements as a license to evade law make independent expenditures on be- Domestic Policy Council. Ms. Munoz that the President does not like or as an end- half of candidates. President Obama se- was a registered lobbyist through 2008. run around provisions designed to foster ac- verely criticized that ruling of a couple The administration has admitted to countability. I will not use signing state- years ago, and right after it was made granting waivers for only a few lobby- ments to nullify or undermine congressional he even objected in his State of the ists. Yet it has declined to identify all instructions as enacted into law. Union Address right in front of the lobbyists to whom it granted waivers. However, in his first year in office, same Supreme Court Justices. Even The promise of transparency doesn’t President Obama signed an omnibus the New York Times has said his criti- apply in this case, evidently. So the appropriations bill that contained a cism at that time of the Citizens President’s actual policy is, ‘‘No lobby- standard provision that Federal funds United decision was probably wrong. ists in my administration, unless I ab- could not be used to pay the salary of Nonetheless, President Obama has re- solutely want them.’’ Federal employees who attempted or peatedly said he thinks the ruling Then there is the President’s public threatened to prevent another Federal harms democracy. commitment to transparency in gov- employee from communicating with But now, President Obama has ernment. I just mentioned one viola- Congress. changed his mind. He is encouraging, tion of that transparency. Now we go This provision has always provided under Citizens United, donors to give on to talk about his transparency prob- important protection for whistle- to a super PAC that supports his can- lem. blowers against waste, fraud, and abuse didacy. He now says Democrats need to President Obama issued an Executive in government, and somehow these match the Republicans to tap these order to department heads. The order whistleblowers, under the President’s sources of campaign funds. reads: signing statement, wouldn’t dare talk Here, though, he has made more than My administration is committed to cre- to Senator GRASSLEY or other Senators a 180-degree turn. He has gone beyond ating an unprecedented level of openness in about waste, fraud, and abuse. So how

VerDate Mar 15 2010 01:58 Mar 08, 2012 Jkt 099060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S17FE2.REC S17FE2 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S882 CONGRESSIONAL RECORD — SENATE February 17, 2012 are we supposed to find out about it? misuse of hard-earned taxpayer dollars, problem of the Social Security trust Whistleblowers are very helpful. and it proves that when government fund. This is couched as a tax break for It happens that President Obama’s tries to pick winners, many of their American people to be extended as a re- signing statement contended that this choices such as Solyndra, turn out to sult of a payroll tax cut on their Social provision did not detract from his au- be losers and all that at the expense of Security contributions. So instead of thority to direct department heads to the American taxpayer. putting today’s requirement of a per- supervise employee communication By looking at the President’s budget centage of your income into the Social with Congress. Worse, it said this au- proposal that we are going to be deal- Security trust fund for the benefit of thority would be used when employee ing with this year for the next fiscal retirees and our own retirement when communication would reveal ‘‘con- year, it appears the administration has we finish our careers, and the Amer- fidential information.’’ not learned from its past mistakes. ican people’s retirement, we are de- This signing statement, if carried Despite some glimmers of hope for ducting from that trust fund money out, would undermine congressional in- improvement in our economy, today that is going to have to be paid back. structions as enacted into law, and it millions of Americans awoke across It is a shell game. We are telling the would harm the ability of Congress to the country without a job. American people they are going to con- conduct its constitutional duty to con- This morning, millions of Americans tinue for the next year to get a payroll are wondering how to make their next duct oversight of the executive branch. tax cut but the tax cut is taken out of mortgage payment, how to pay for Then just this week, the President the contribution to the Social Security their medical bills, and how to fill up flipped again on yet another subject. In trust fund. I am amazed that AARP or their gas tanks without breaking the 2009, he said he was ‘‘pledging to cut Save Social Security or all the entities bank. But little is being done here in the deficit we inherited in half by the that put ads on the air and send mail- Washington to address this. While it is end of my first term in office.’’ ers to people around the country that obvious that there are no silver bullets At the time he was sworn in, the def- say don’t let Congress cut our Medicare or short-term fixes to this problem, we icit was $1.3 trillion. The fiscal year funds, don’t let cut Congress cut our have not taken the necessary steps to 2013 budget the President has just pro- Social Security—where are they today, get ahold of our larger fiscal issue and posed would create a $900 billion def- problem—the growing red ink and debt saying Congress is robbing our Social icit—much more than half of the 2009 our economy is being burdened with Security trust fund and then they call level that he promised to cut in half. through the policies that are enacted this a tax cut? This is true even after he proposes to Be honest with the American people. and not enacted here in Washington. raise taxes, since the amount of the The Obama budget is out of touch We are simply taking money from the new government spending he seeks is with the reality of our fiscal situation. trust fund for retiree benefits, making so enormous. The President’s fiscal year 2013 budget Social Security come closer and closer This is a long list of flip-flops, of fail- increases spending every year, proposes to bankruptcy and insolvency, at the ure to keep commitments, and hypoc- the largest tax increase in history, bur- same time not telling the American risy. There are others as well. dens the country with more debt, and people that this so-called tax cut is I give the President the benefit of the never balances the budget. As we have robbing that fund. doubt in his altered views of the PA- seen before, the administration’s budg- We will be presented with a vote TRIOT Act, Guantanamo, and other et principles cannot be anything but today to be honest with the American national security issues. He holds an spend more, borrow more, and tax people, saying you have a shell game office in which he sees daily the unre- more. This is a failed approach, it is going on here that will have to be re- lenting national security threats the dropping us deeper and deeper into paired, probably with borrowed dollars, country faces. But for the other issues debt, and making our solutions more that is going to make our situation I have raised, the consistency of the difficult every day that we spend more worse, yet we go home and say we have Obama administration is its inconsist- than we take in. extended a tax cut for you. Let’s at ency. One of the major things we have not least be honest with the American peo- I yield the floor. addressed this year because we have ple and straight out and tell them we The ACTING PRESIDENT pro tem- not exhibited the will to do so is failure are taking the money out of your So- pore. The Senator from Indiana. to address entitlements. Entitlements cial Security trust fund to extend the Mr. COATS. Mr. President, I am not and mandatory spending plus the inter- program here to give you a so-called sure what the order is here. I am happy est we pay on borrowed debt continue tax break. It is a shell game. It is going to defer to whatever has been agreed to eat up ever more of our budget, a to have to be repaid. to. larger and ever growing percentage I think it is clear that we simply The ACTING PRESIDENT pro tem- which will continue over the next years have not addressed the fundamental pore. There is 71⁄2 minutes remaining at a staggering number. It simply is problems underlying the fiscal situa- on the Republican side. not sustainable. While we must work tion that exists here in the United Mr. COATS. I will try to do less, and to save our safety net programs that States. Until we level with the Amer- I thank the Chair. we have promised the American people, ican people and until we have the will f we need to understand that doing noth- to step forward and do what is nec- essary to save this country from de- THE BUDGET ing makes the situation worse and does not do anything to help retirees. We fault, to save these social safety net Mr. COATS. This is the third anni- have to be honest—with those retirees programs from default, we will be con- versary of the President’s nearly $1 and those nearing retirement and those tinuing what has been done in the past, trillion stimulus bill. But it is not an who are looking to the future—about and that is leaving us in an ever more anniversary worth celebrating. the solvency of the Social Security precarious position. Back then, the Obama administra- trust fund and the solvency of the I yield the floor. tion promised the American people Medicare trust fund. The ACTING PRESIDENT pro tem- that the stimulus bill, if passed, would Medicare is projected to go broke by pore. The Senator from New Hamp- keep unemployment below 8 percent 2024. Over the next decade, Social Secu- shire. and create 3.5 million jobs. So let’s rity spending will grow by 6 percent f look at where we are today. annually, and by 2026, benefits for all The unemployment rate has re- retirees will have to be cut by a min- WOMEN’S HEALTH CARE mained above 8 percent for a record 36 imum of 23 percent if we are to keep Mrs. SHAHEEN. Mr. President I months, and our economy has lost the trust fund solvent. The gravest come to the floor today with a number nearly one-half million jobs since the threat to Medicare and Social Security of my women Senate colleagues to talk stimulus was passed. is doing nothing. We in fact are doing about what happened yesterday at the We can’t conclude anything else nothing. House Committee on Oversight and other than the fact that the stimulus We will have legislation to vote on Government Reform. They held a hear- has failed—and failed badly. It was a here today that further exacerbates the ing on the administration’s decision to

VerDate Mar 15 2010 01:58 Mar 08, 2012 Jkt 099060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S17FE2.REC S17FE2 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 17, 2012 CONGRESSIONAL RECORD — SENATE S883 make sure that women have access to saw yesterday, some attempt to con- they arrived here in Washington, DC, affordable contraception, but guess tinue to politicize this issue. We can- and were sworn into office. After cam- who was missing. The women. This is a not lose sight that this is at the most paigning across the country on a plat- picture of the first panel from yester- fundamental level of debate about form of jobs and the economy, the first day’s hearing. Not one woman was women’s preventive health. three bills they introduced were direct seated at this table, not one woman at Women deserve a voice in this debate attacks on women’s health in America. the table, yet the topic was women’s because, after all, in the end this is The very first bill, H.R. 1, would have health. about our health and it is about a totally eliminated title X funding for What is more difficult to understand health care decision that is between family planning and teen pregnancy is that when female members of the women, their families, their doctors, prevention. It included an amendment House committee asked for a woman to and their own faith. that would have completely defunded testify along with the men, they were I yield the floor. Planned Parenthood and cut off sup- denied. Their request was simple: to The ACTING PRESIDENT pro tem- port for millions of women who count allow Sandra Fluke, a Georgetown Law pore. The Senator from Washington. on it. School student, to testify on this panel Mrs. MURRAY. Mr. President, I Another one of their opening round of all men. As a woman she could speak thank my colleague from New Hamp- of bills, more than a year ago, would firsthand about how this rule would shire. have permanently codified the Hyde impact women. But their request was For millions of American women, amendment and the DC abortion ban, denied because the chairman said San- reading the news this morning was like and the original version of their bill dra Fluke was unqualified. stepping into a time machine and going did not even include an exception for How can a woman be unqualified to back 50 years, seeing the headlines and the health of the mother. talk about women’s health care? Yet the photos of this all-male panel in the Finally, they introduced a bill right every one of these men on the panel House talking about a woman’s right away that would have rolled back was deemed to be qualified to talk to access birth control, and no women every single one of the gains we worked about women’s health care. I am dis- on the panel. It turns out the chairman so hard to get for women in the health appointed. I know it is a disappoint- of the House oversight committee de- care reform bill. It would have removed ment that is shared by millions of cided he was not going to allow a the caps on out-of-pocket expenses that women across this country. I am sad- young woman who had been asked by protect women from losing their homes dened that here we are, in 2012, and a the minority to testify and tell her and their life savings if they get sick. House committee would hold a hearing story—actually of a friend who had lost It ended the ban on lifetime limits on on women’s health and deny women an ovary because of her lack of contra- coverage. It allowed insurance compa- the ability to share their perspective. ception coverage. So this 19-year-old nies to once again discriminate against Time and time again, women have woman was left to watch, like the rest women by charging them higher pre- been silenced in this discussion, a dis- of us, as all five men addressed the miums or even denying women access cussion about our own very personal committee about how they supported for so-called preexisting conditions— health care decisions. In fact, a recent efforts to restrict access to care. that, by the way, includes pregnancy. analysis of the leading cable news I am sure by now many of my col- It would have rolled back the guar- channels showed that almost twice as leagues here have seen this picture of antee that insurance companies cover many men as women were invited to this all-male panel, the picture that contraceptive activities, which will join the conversation. says a thousand words. It is one that save the overwhelming majority of I think it is critical to understand most women thought was left behind women who use them hundreds of dol- that the underlying issue here is about when pictures only came in black and lars a year. affordable access to contraception— white. In addition to showing their true col- something that is basic to women’s But this was not the only story this ors with their very first legislative ef- health. Birth control is something that morning that made women feel as if forts, Republicans have shown they most women use at some point in their the clock had been turned back on will go to about any limit to restrict lifetime and something that the med- them. The other story comes to us our access to care, even shutting down ical community believes is essential to from the Republican Presidential nom- the Federal Government. It seems ex- the health of women and their families. ination trail. It seems that yesterday, treme? That is exactly what happened Research shows that access to birth on national television, one of the chief last April, when Republicans nearly control is directly linked to declines in financial backers for Rick Santorum, shuttered the Federal Government over maternal and infant mortality, that it the Republican candidate who is now a rider that was another attempt to go can reduce the risk of ovarian cancer, surging toward the nomination, sug- after title X and Planned Parenthood. and that it is linked to overall good gested that contraception was once as I remember, I was in those meetings, health outcomes. simple as a woman putting aspirin be- months and months of negotiations on Some women, 14 percent of them, use tween her knees. Really? Shocking. Ap- the numbers in our budget. I was aston- birth control not as contraceptives but palling. An insult. In fact, both of ished that Republicans, late at night, to treat serious medical conditions. these stories are enough to make any were willing to throw all that work That is about 1.5 million women. woman, regardless of her own politics, away to go after women’s health. I was When the administration first an- angry. It certainly does me. the only woman in the room that nounced its decision to require employ- These are things that are happening night. I can remember being personally ers to offer health insurance coverage today and they are enough to make disgusted that Republicans thought for contraception, there was a robust you believe that after years of they could get away with making conversation about religious liberty. In progress, nothing has changed. For women victims, under the cover of response to that, the President modi- many women and men who are waking darkness, in the middle of the night, fied his decision last week, preserving up to the news this morning, it may with moments to go before the govern- the religious liberty of those reli- seem this is a swift and sudden attack ment was shut down. giously affiliated institutions, such as on women’s health care, but I am here But I also remember the resounding hospitals or universities, but also pro- on the floor of the Senate today to tell ‘‘no’’ when they tried to pull that, first tecting the women who work for them. you all there is nothing sudden about from me, then from my women col- His decision ensured that all women it. There is nothing new about these leagues joining me today, and then a have access to contraceptive coverage, Republican attacks on our family plan- loud and overwhelming chorus of men and if a woman’s employer has a reli- ning decisions. In fact, from the mo- and women all across the country. gious objection, women can get that ment they came into power, Repub- That chorus of women was heard again critical coverage directly from their licans in the House of Representatives a few weeks ago after yet another at- health plans. have been waging a war on women’s tack on women’s health care. This time The Catholic Health Association has health. If you do not believe me, look the attack came cloaked in a sham in- supported this policy, and yet, as we at the first bills they introduced after vestigation led by some of the same

VerDate Mar 15 2010 01:58 Mar 08, 2012 Jkt 099060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S17FE2.REC S17FE2 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S884 CONGRESSIONAL RECORD — SENATE February 17, 2012 congressional Republicans who yester- across New York State at event after point. We had very strong feelings day had this all-male panel talking event: We need more women’s voices in about that on both sides. about women’s contraception. It was our decisionmaking process. We need The point of this is that on an issue an investigation of the Susan G. more women at the table in govern- so critical to this Nation, the next Su- Komen Breast Cancer charity sites to ment and in business. When women are preme Court Justice, there was not one cut off funding for lifesaving breast at the table, they bring a very different woman on the Senate Judiciary Com- cancer screenings for women. We know perspective to the same problems, a mittee, and we had the ‘‘Year of the what happened after the outcry fol- different set of solutions, a different Woman,’’ and we tripled the number of lowed that decision. I certainly remem- approach. At the end of the day, the women in the Senate. It wasn’t much, ber going home and standing shoulder outcomes are better when women’s 2 to 6, but it was a start, and now we to shoulder with women and men in my voices are heard. are at 17, and we are going higher be- home State in front of a clinic that But just when I thought I couldn’t be cause yesterday this is what America provided those breast screening refer- any more dumbfounded by the debate saw, a Republican House of Representa- rals and pledging to safeguard against around here in terms of denying access tives that is so hostile to women’s any future attacks in the wake of that to women’s health services, there was a health that they didn’t even think decision, but I didn’t think it would hearing yesterday in the House of Rep- about having a person on there who come the very next week. Apparently, resentatives on the topic of contracep- was a female, nor did they have anyone Republicans are still not done. Even tion and all the witnesses were male. on there that agreed it is important after the loud rebuke after the Komen My colleague, CAROLYN MALONEY, had that women have access to birth con- decision, they have decided again to it quite right when she walked out on trol knowing that for many women pick on women’s health. that farce. birth control is medicine, knowing that Just last week, the junior Senator Let me be clear, once again: 99 per- 99 percent of women, sometime in her from Missouri introduced an amend- cent of all America’s women have used lifetime, utilized birth control. ment to a job-creating transportation contraception at some time in their So this picture is worth a thousand infrastructure bill that is as extreme lifetime. When will they get this sim- words. I have a 16-year-old grandson. I as anything we have seen. It is an ple, nondebatable fact that the power came home, I had this picture in my amendment that will allow any em- to decide whether a woman will use hand. I went up to him—he’s not par- ployer—a barber, a banker, a multi- contraception lies with her, not her ticularly political—and I said: Zach, national corporation—to be given an boss, not her employer. What is more what do you notice about this? He said: exemption to not cover contraception intrusive than trying to allow an em- ‘‘It’s all dudes.’’ This does not take a or any essential preventive for any re- ployer to make medical decisions for degree in political science to see what ligious or moral reason. It is an amend- someone who works for them? This has is going on here. When we come back, ment that would give any employer an nothing to do with religious freedom, we are going to be on the highway bill. unprecedented license to dictate what and you don’t have to take it from me. There will be some bumps in the road women can and cannot have covered. It Take it from Supreme Court Justice along the way, but at one point we will puts your employer smack in the mid- Antonin Scalia. In the majority deci- probably have an amendment to vote dle between you and your health care. sion of the 1990 case on Employment on called the Blunt amendment. As we It is politics between women and their Division v. Smith, Scalia wrote: get to that later, I will talk about it. health care, and before the news that We have never held that an individual’s re- But Senator BLUNT, a Republican women across the country awoke to ligious beliefs excuse him from compliance Senator from Missouri, has put forward this morning, it was just the most re- with an otherwise valid law prohibiting con- an amendment that would allow any cent in a very long line of attacks on duct that the State is free to regulate. single employer—regardless of how our reproductive rights. It is time to end this ridiculous, ideo- large or small their operation—to deny Contraceptive coverage should not be logical fight once and for all and get essential health care to their employ- a controversial issue. It is supported by back to the real business at hand of ees and preventive health care if they the vast majority of Americans who growing our economy and getting simply say it is a matter of conscience. understand how important it is for Americans back to work. It is right there. Senator BLUNT says: women and their families, but let me But if our Republican colleagues Oh, no. I heard Senator BROWN defend- remind everyone Republicans have want to continue to take this issue ing Senator BLUNT saying: No, no. Oh, made it clear from the start this is not head on, we will stand here as often as yes. Just read it and look at the list of about what is best for women or men is necessary and draw a line in the sand lifesaving and health-saving services or their family-planning decisions, it is that the women of the Senate will con- that would be denied. apparently a political calculation. This tinue to oppose these attacks on wom- So women of America and the men is about their constituency. It is about en’s rights and women’s health care. who care about you, get ready because their continued push to do whatever it I yield the floor for my colleague there is an assault on women, and takes to push their extreme agenda. from California. stand with us. The women of the Senate, the Demo- The ACTING PRESIDENT pro tem- Thank you very much. cratic women, are here to say enough. pore. The Senator from California. I would yield the floor. We are standing today and every day to Mrs. BOXER. Mr. President, I wish to The ACTING PRESIDENT pro tem- fight for women and their right to associate myself with the remarks of pore. The Senator from New York. make their own basic health care deci- my fellow colleagues this morning. Mr. SCHUMER. Mr. President, I wish sions, not their employer, not an ex- They are eloquent. When I looked at to thank my colleagues from Cali- treme part of the Republican Party, this scene that Senator MURRAY and fornia, New York, New Hampshire, and not some men on a panel but them- Senator SHAHEEN had up here and Washington State for the great job selves. We will continue to do so, and I looked at this picture of this panel they have done. Before I speak about am proud to stand with the women of that is supposed to be speaking about our judicial nominee, I wish to say I the Senate to do just that. women’s health—in particular, birth join them in their remarks and their I yield the floor. control—obviously I was stunned. It feelings. This is about women’s health, Mrs. GILLIBRAND. Mr. President, I brought back a memory from 20 years and women and men all over America ask unanimous consent that I may con- ago when all of America looked at the are scratching their heads and saying: sume 3 minutes and my colleague from Senate and saw there was not one Are we fighting against contraception? California may also consume 3 minutes woman on the Senate Judiciary Com- Are we turning the clock back 60 or 70 before we move on to the next matter. mittee, and they realized that year, in years? It makes no sense. The ACTING PRESIDENT pro tem- 1991, that there were only two women If a woman wants contraception for pore. Without objection, it is so or- in the entire Senate. It sent either birth control or other health dered. shockwaves through the country. purposes—and most women use it for Mrs. GILLIBRAND. Mr. President, I Whether one agreed with Anita Hill or other health purposes—it is up to that have said it time and time again all Clarence Thomas, that was not the woman, not her employer. That is the

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First, they made war lican colleagues who have said they in a better way, which has been our on the Hispanic community, one of the might support him, and I hope they usual position in the Commerce Com- fastest growing segments in America will. We had a good vote in the Judici- mittee. on immigration, and now they are ary Committee on Jesse Furman. The bill would create an unfunded, making a war on the majority of Amer- Again, he is truly excellent, endorsed unlimited discretionary grant program ica, women. While not every woman by his former coclerks on the Supreme that has divided the transportation feels the way we do, the vast majority Court, including those who clerked for community. It will add a new Assistant of women do. So I don’t get it. Justices Rehnquist, Thomas, O’Connor, Secretary for Freight Planning and De- Then to take an amendment such as Kennedy, and Scalia. velopment and a whole new office in that from my friend from Missouri and John Podhoretz, a conservative col- the Department of Transportation. expand it even further and say, if some- umnist, wrote that Furman should be This is a part of the bill that certainly one owns a McDonald’s, they can de- confirmed because he is ‘‘terrifically none of the Republicans can support, cide to not provide contraceptive serv- knowledgeable, entirely respectful of and it caused a party-line vote in the ices—the real reason might be because views that differ from his, and utterly Commerce Committee. they don’t want to pay extra or other without an axe to grind.’’ That is why Additionally, the bill that will be be- reasons that are not religiously based— he passed without discussion out of the fore us contains provisions that would I don’t get it. Judiciary Committee without dissent. create two new programs within the I hope we do have a vote on the Blunt Please, colleagues, a vote for Furman Research and Innovative Technology amendment because I think the Amer- will show that we can come together Administration that would cost tax- ican people would not be for that certainly on a judge of such modera- payers $28 million annually to admin- amendment on an overwhelming basis. tion. A vote against him will say the ister, and the CBO estimates the under- The more they learn about it, the more system is irreparably broken. lying bill would cost $615 million for 10 that happens, and that is why the tide I thank the Chair. years including these two new pro- is moving in that direction. I yield the floor. grams. That would be about double I wish to thank my colleagues for al- what the levels are for this program in lowing me to say a few words on that f today’s terms. So the next 10 years issue. CONCLUSION OF MORNING would have been at $318 million if we f BUSINESS had kept it at static levels, which we are doing in most other parts of the FURMAN NOMINATION The ACTING PRESIDENT pro tem- pore. Morning business is closed. highway bill. Instead, the bill we are Mr. SCHUMER. Mr. President, I rise voting on today would more than dou- in support of Jesse Furman, who is a f ble that to $615 million over the next 10 nominee for the District Court in the MOVING AHEAD FOR PROGRESS IN years for RITA. Southern District. THE 21ST CENTURY ACT We don’t have to have this kind of I have had the good fortune to partisan effort on the bill. Our Com- present to the President more than 13 The ACTING PRESIDENT pro tem- merce Committee has been very good nominees for the Federal bench, every pore. Under the previous order, the at bipartisan work. I see the Senator one of them is incredibly accomplished. Senate will resume consideration of S. from California on the floor who has Each represents the best of the bar 1813, which the clerk will report. worked in a bipartisan way with the that the State of New York has to The legislative clerk read as follows: Senator from Oklahoma on the under- offer. I believe in excellence, modera- A bill (S. 1813) to reauthorize Federal-aid lying bill. But the Commerce bill that tion, and diversity, which are the three highway and highway safety construction came out was not bipartisan. standards I use. But on the standard of programs, and for other purposes. We have worked hard with Senator excellence, Jesse is no exception to my Pending: ROCKEFELLER and we have informed all standard of excellence. In fact, he Reid amendment No. 1633, of a perfecting of our Members on both sides to get a doesn’t just meet it, he shatters it. He nature. consensus, and we got one. We got a is one of the most brilliant lawyers in Reid amendment No. 1634 (to amendment consensus that would have taken the the country. He is amazing. The fact No. 1633), to change the enactment date. Freight Act part of it that set policies that he wants to serve our Federal Reid motion to recommit the bill to the for new freight studies—we did that. Committee on Environment and Public Government on the bench is a tribute Works, with instructions, Reid amendment That part would be in the compromise to us all. It is a tribute to our country No. 1635, to change the enactment date. bill. It keeps the funding in line with and to him. Reid amendment No. 1636 (to (the instruc- current levels in the Research and In- How about moderation? This is the tions) amendment No. 1635), of a perfecting novative Transportation Administra- issue I wish to speak most to my col- nature. tion. But those compromise provisions leagues about. Who was his prote´ge´ in Reid amendment No. 1637 (to amendment that Senator ROCKEFELLER and all of many ways? Judge Mukasey. He No. 1636), of a perfecting nature. our staffs of the whole committee worked for Judge Mukasey as a clerk The ACTING PRESIDENT pro tem- worked on are not in the bill we are and then as attorney general. A lot of pore. The Senator from Texas. voting on today. people on this side of the aisle, includ- Mrs. HUTCHISON. Mr. President, I We worked together relating to the ing myself, have real differences with rise to urge my colleagues to vote no importation of motor vehicles and Judge Mukasey, but if we cannot sup- on cloture on Senator REID’s amend- equipment in the National Highway port Jesse Furman for the nomination, ment No. 1633 to the highway bill. The Traffic Safety Administration reau- then we cannot support anybody be- bill we are getting ready to vote on thorization bill. It would stop unsafe cause this nomination could have come puts the other titles into the highway equipment from entering our ports. We from a Democrat, it could have come bill from the Commerce Committee, worked hard to put forward language from a Republican, it could have come Finance Committee, and Banking Com- that provides inspectors the right tools from a conservative, it could have mittee. while at the same time minimizing un- come from a liberal. He is truly a I am going to object on the grounds necessary costs and burdens on equip- mainstream thinker, and so this vote that the Commerce Committee title is ment manufacturers. Again, the modi- will be indicative. Because if Jesse not the title that should be included in fications are in the bill that we agreed Furman cannot achieve cloture, then this bill. What happened is that there to with the majority in the Commerce our system is so paralyzed we better go was a partisan amendment that was Committee, but they are not in the bill

VerDate Mar 15 2010 01:58 Mar 08, 2012 Jkt 099060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S17FE2.REC S17FE2 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S886 CONGRESSIONAL RECORD — SENATE February 17, 2012 that came out of the committee and board here working toward completion Kansas (Mr. ROBERTS), and the Senator the bill that is on the floor today. of this bill? from Louisiana (Mr. VITTER). The first package of reported bills Mrs. HUTCHISON. If I understand The ACTING PRESIDENT pro tem- did not contain a rail title at all. So if the question of the Senator from Cali- pore. Are there any other Senators in the bill that is before us today is ac- fornia, if we can substitute at some the Chamber desiring to vote? cepted and cloture is invoked, we will point the compromise language in the The yeas and nays resulted—yeas 54, have a Senate highway bill that does Commerce title, I am going to be abso- nays 42, as follows: not have a rail provision. We will go to lutely supportive of this bill because I [Rollcall Vote No. 20 Leg.] conference without a Senate position trust Senator ROCKEFELLER. We have YEAS—54 on a rail provision, which the House worked together. We have both given. Akaka Hagan Murray has. He doesn’t like parts of this bill, I Baucus Harkin Nelson (NE) Senator ROCKEFELLER and I have don’t like parts of it, but we have Begich Heller Nelson (FL) Bennet Inouye Pryor worked together on this rail part. We given. Blumenthal Johnson (SD) Reed have worked with all of the stake- I would say the Senator from Cali- Boxer Kerry Reid holders in the rail industry as well as fornia has done a stellar job with the Brown (MA) Klobuchar Rockefeller Amtrak, and we have come forward Senator from Oklahoma on the under- Brown (OH) Kohl Sanders Cantwell Landrieu Schumer with a bill the Republicans support and lying bill. Oh my gosh, what a com- Cardin Lautenberg Shaheen most of the Democrats support on the plicated bill. The Senator from Cali- Carper Leahy Stabenow committee. It will lead to better rail fornia is the chairman, the ranking Casey Levin Tester Conrad Lieberman Udall (CO) planning at the Department of Trans- member is from Oklahoma, and they Coons Manchin Udall (NM) portation, and it will enhance rail eco- have worked for the good of America Durbin McCaskill Warner nomic regulation on the Surface Trans- on this bill. The Banking Committee Feinstein Menendez Webb portation Board. The rail title would has a bipartisan title. I believe there is Franken Merkley Whitehouse Gillibrand Mikulski Wyden also allow the commuter and freight a compromise coming forward in the rails to apply for extensions for imple- Finance Committee. I am not familiar NAYS—42 mentation of positive train control on with that, but I know the compromise Alexander DeMint McCain an as-needed basis, and it directs the title of the Commerce Committee has Ayotte Enzi McConnell Barrasso Graham Moran DOT to use the 2015 route map to im- been worked through fully with every- Blunt Grassley Murkowski plement positive train control, as Con- body on board, and it will be accept- Boozman Hatch Paul gress intended when it passed its law in able, I believe, to the whole Senate. Burr Hoeven Portman Chambliss Hutchison Risch 2008. So I think we are just a little pre- Coats Inhofe Rubio All of these important policy gains mature today. I think we need to stop Coburn Isakson Sessions will be lost if we adopt the cloture vote cloture. I think we need to make the Cochran Johanns Shelby today. I hope my colleagues will vote changes that are required, and I think Collins Johnson (WI) Snowe Corker Kyl Thune no on cloture so we can put the provi- this bill will sail in the future. Cornyn Lee Toomey sions that have been agreed to on a bi- Mrs. BOXER. I thank the Senator. Crapo Lugar Wicker partisan basis in the bill so that the CLOTURE MOTION NOT VOTING—4 Commerce title will reflect the full The ACTING PRESIDENT pro tem- Bingaman Roberts Commerce Committee, rather than pore. Under the previous order, pursu- Kirk Vitter what came out that had not been fully ant to rule XXII, the clerk will report The ACTING PRESIDENT pro tem- vetted and is not the position of the the motion to invoke cloture. pore. On this vote, the yeas are 54, the full Commerce Committee, with Re- The legislative clerk read as follows: nays are 42. Three-fifths of the Sen- publicans and Democrats together. I CLOTURE MOTION ators duly chosen and sworn not having hope we will have that chance to put We, the undersigned Senators, in accord- voted in the affirmative, the motion is the new version together that would ance with the provisions of rule XXII of the rejected. include the compromises that have Standing Rules of the Senate, hereby move Under the previous order, the motion been made on a bipartisan basis. to bring to a close debate on the Reid amend- to recommit and amendment No. 1633 Mrs. BOXER. Would the Senator ment No. 1633 to S. 1813, a bill to reauthorize are withdrawn. yield? And I ask unanimous consent Federal-aid highway and highway safety con- that she have an additional 60 seconds. struction programs, and for other purposes. f The ACTING PRESIDENT pro tem- Harry Reid, John D. Rockefeller IV, Kay EXECUTIVE SESSION R. Hagan, Patrick J. Leahy, Patty pore. Without objection, it is so or- Murray, Sheldon Whitehouse, Richard dered. Blumenthal, Herb Kohl, Ben Nelson, NOMINATION OF JESSE M. Mrs. HUTCHISON. I am happy to Jeff Bingaman, Jeanne Shaheen, Bar- yield. bara A. Mikulski, Jack Reed, Max Bau- FURMAN TO BE UNITED STATES Mrs. BOXER. I just wanted to make cus, Frank R. Lautenberg, Robert DISTRICT JUDGE FOR THE the point that I think Senator Menendez, Maria Cantwell. SOUTHERN DISTRICT OF NEW HUTCHISON has been probably one of the The ACTING PRESIDENT pro tem- YORK most productive members of the Com- pore. By unanimous consent, the man- The ACTING PRESIDENT pro tem- merce Committee I have ever seen. I datory quorum call has been waived. pore. Under the previous order, the have been on that committee for a very The question is, Is it the sense of the Senate will proceed to executive ses- long time. Her relationship with Sen- Senate that debate on amendment No. sion to consider the following nomina- ator ROCKEFELLER is stellar. I too be- 1633, offered by the Senator from Ne- tion, which the clerk will report. lieve she makes a point when she says vada, Mr. REID, to S. 1813, a bill to re- The assistant legislative clerk read they have continued to work together authorize Federal-aid highway and the nomination of Jesse M. Furman, of since the bill was reported out and highway safety construction programs, New York, to be United States District they have come to agreement. and for other purposes, shall be Judge for the Southern District of New So I guess my question is, as some- brought to a close? York. one who has given flesh, blood, sweat, The yeas and nays are mandatory The ACTING PRESIDENT pro tem- and tears on this highway bill, know- under the rule. pore. Under the previous order, the clo- ing that we have a couple of these The clerk will call the roll. ture motion on this nomination is bumps in the road, should we not in- The legislative clerk called the roll. withdrawn. voke cloture today—I personally hope Mr. DURBIN. I announce that the There is now 2 minutes equally di- we do, and we can fix the bill, but if we Senator from New Mexico (Mr. BINGA- vided prior to a vote on the nomina- don’t—and if Senator ROCKEFELLER and MAN) is necessarily absent. tion. Senator HUTCHISON are able to take Mr. KYL. The following Senators are The Senator from Vermont. their work and put that in as a sub- necessarily absent: the Senator from Mr. LEAHY. Mr. President, I appre- stitute, would my friend be back on Illinois (Mr. KIRK), the Senator from ciate the fact that the filibuster has

VerDate Mar 15 2010 01:58 Mar 08, 2012 Jkt 099060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S17FE2.REC S17FE2 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 17, 2012 CONGRESSIONAL RECORD — SENATE S887 been dropped on this very good man. again, urge Senate Republicans to join President Obama to serve the United This nomination has taken months to with us to restore the Senate’s long- States District Court for the Southern get here. I would urge everybody to standing practice of considering and District of New York. vote for it. confirming consensus nominees with- Jesse is currently the Assistant Mr. LEAHY. Mr. President, I com- out extended delays. The American United States Attorney in the South- mend the majority leader for pressing people deserve no less. ern District of New York where he has forward to obtain a vote on the nomi- Mr. GRASSLEY. Mr. President, served as Deputy Chief Appellate At- nation of Jesse Furman, finally bring- today we turn to the nomination Jesse torney since 2009. Previously, he ing to an end the 5-month Republican M. Furman, to be U.S. district judge worked in the Office of the Attorney filibuster of this nomination. It should for the Southern District of New York. General at the Department of Justice not have taken five months and the fil- Mr. Furman was reported out of the where he served as Counselor to the At- ing of a cloture petition to secure a Judiciary Committee last fall by voice torney General. He has also worked in vote on this superbly qualified, con- vote. the law firm of Wiggin & Dana. From sensus nominee. When the Judiciary When we considered his nomination 2002 2003, he clerked for the Honorable Committee voted on this nomination last year, a few items of concern were David H. Souter of the Supreme Court last September, it had the support of raised. These issues included writings and from 1999 2000 for the Honorable every Democrat and ever Republican he made while in college on gun con- Jose A. Cabranes of the United States on the Committee. Yesterday, I spoke, trol and an amicus brief he drafted op- Court of Appeals for the Second Cir- again, of the dangers posed by this Re- posing a religious club’s access to cuit. He also served as a law clerk for publican filibuster of a consensus Fed- school facilities for meetings. the Honorable Michael B. Mukasey of eral district court nominee. I am glad Based on his hearing testimony and the United States District Court for Senate Republicans have backed away responses to written questions, I was the Southern District of New York. from their misguided effort. willing to allow Mr. Furman’s nomina- Jesse received his law degree from The extended delay in considering tion to move to the full Senate for con- Yale Law School in 1998 and his bach- the Furman nomination has not only sideration. elor’s degree from Harvard University been damaging to the Federal District In the interim, conditions have in 1994 where he graduated summa cum Court of New York, but also to the peo- changed which require me to give a laude. He also served as a Henry Fellow ple it serves. This has also led to some closer scrutiny to Mr. Furman’s record at Oxford University. extreme groups on the far right mak- and to the confirmation process in gen- Because of Jesse’s extensive legal ca- ing scurrilous attacks on the reputa- eral. reer, I am more than confident that he tion of this good man. I trust that no Generally, I am willing to give the has the experience to serve the South- Senator will credit the mischaracter- President’s nominees the benefit of the ern District of New York with great izations of Mr. Furman’s record. His doubt when the nominee on the surface competence and fairness. While Jesse is more than qualified to role in filing an amicus brief in a First meets the requirements I have pre- be appointed to a judgeship, his con- Amendment case in the Supreme Court viously outlined. But as I indicated firmation has been delayed for 5 on behalf of the Anti-Defamation over the past few weeks, we are not op- months by Senate Republicans. What League when he was in private practice erating under normal circumstances. makes this puzzling is the fact that has been misquoted and mischaracter- The atmosphere the President has cre- Jesse’s nomination was reported unani- ized to the point where you have to ated with his disregard for Constitu- mously by the Judiciary Committee wonder if it is intentional. Of course, tional principles has made it difficult without opposition from a single mem- no lawyer should be disqualified from to give his nominees any benefit of the ber of the Committee. Not a single being a judge for advocating on behalf doubt. Given that I did have some member. This is the ninth judicial of client. Were the Senate to go down doubts about Mr. Furman’s record, I nominee that Majority Leader REID that road, we would disqualify many oppose his confirmation. has had to file cloture on to end a Re- outstanding lawyers capable of being Mr. LEAHY. I yield to the Senator publican filibuster and secure an up or excellent judges. Senate Republicans from New York. down vote. It should be noted that Sen- The ACTING PRESIDENT pro tem- filibustered Judge Jack McConnell of ate Republicans have yet to explain pore. The Senator from New York. Rhode Island because he represented why they refused to consent to Jesse’s Mr. SCHUMER. Mr. President, I parents and children exposed to health nomination. risks by lead in paint. That error thank the chairman and the Judiciary In addition, Jesse’s nomination is should not be repeated. Committee for reporting Jesse Furman supported by numerous conservatives I am glad the Senate is finally voting out without dissent. Furman is a truly including former United States Attor- on this nomination. With 21 judicial excellent figure. He clerked for the Su- ney General under G.W. Bush Michael nominations approved by the Senate preme Court, has the support of all the Mukasey who stated: ‘‘My view of him Judiciary Committee awaiting a final clerks with whom he served, including is perhaps best reflected in the fact vote, with one out of every 10 Federal those from Scalia and Rehnquist, on that he is the first person I sought to judgeships vacant throughout the both sides of the aisle. hire after I was confirmed as Attorney country, and with the Senate still He worked for Attorney General General . . . his advice was unerringly more than 40 confirmations behind the Mukasey and clerked for Mr. Mukasey. sound and his help indispensable.’’ pace we set with President Bush, the He is truly a moderate. He could be Furthermore, former Supreme Court Senate cannot afford this continuing nominated just as easily in the grand clerks who served at the same time as obstruction and delay of judicial con- tradition of judicial integrity by some- Mr. Furman, including clerks for con- firmations. This filibuster, like the fili- one from this side of the aisle or that servative Justices such as Chief Justice buster of Judge Adalberto Jordan that side of the aisle. Rehnquist, Justice Thomas, and Jus- we finally ended earlier this week and If we cannot approve Mr. Furman and tice Scalia stated that: ‘‘Mr. Furman others, bring derision upon the Senate, have a close-to-unanimous vote on has brought tremendous intellectual are a colossal waste of the time, and him, I do not know on whom we can be- rigor, an open mind, and good common harm our Federal courts and the Amer- cause he is such an excellent, thought- sense.’’ ican people seeking justice. ful, and moderate judge. So I hope all I want to remind my colleagues that I, again, urge Senate Republicans to of my colleagues on both sides of the Senate Democrats worked to confirm abandon the damaging tactics that led aisle will vote for him. It may begin to 100 of President Bush’s judicial nomi- to this unnecessary 5-month filibuster mark a new wave, at least, in dealing nees in 17 months. Blocking Jesse’s of the Furman nomination, the shame- with district court judges. nomination is highly unusual and in- ful 4-month and 2-day filibuster of the Mrs. GILLIBRAND. Mr. President, I credibly disappointing and quite frank- Jordan nomination, and to abandon would like to offer my support for the ly, irresponsible. their continued stalling of 20 addi- confirmation of a highly qualified and I want to thank Chairman LEAHY for tional judicial nominees ready for final accomplished New Yorker, Jesse his leadership on the Judiciary Com- consideration and confirmation. I, Furman who has been nominated by mittee in the effort to confirm highly

VerDate Mar 15 2010 01:58 Mar 08, 2012 Jkt 099060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S17FE2.REC S17FE2 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S888 CONGRESSIONAL RECORD — SENATE February 17, 2012 qualified individuals such as Jesse The ACTING PRESIDENT pro tem- spectrum auctions will fund the public Furman. Jesse’s commitment to up- pore. Under the previous order, the mo- safety network—and contribute $15.2 holding fairness within our legal sys- tion to reconsider is considered made billion to the unemployment com- tem is well regarded and highly re- and laid upon the table. The President pensation fund. spected. I strongly support his nomina- will be immediately notified of the Specifically, Title VI of the con- tion and believe that if confirmed, Senate’s action. ference report provides $7 billion in Jesse will be an excellent Judge to f spectrum auction proceeds as well as serve on the United States District D-Block spectrum worth $2.75 billion to LEGISLATIVE SESSION Court for the Southern District of New develop a nationwide, interoperable York and I urge my colleagues to vote The ACTING PRESIDENT pro tem- wireless broadband network for public favorably for his confirmation. pore. The Senate will resume legisla- safety officials through a new First Re- I yield the floor. tive session. sponder Network Authority. The title The ACTING PRESIDENT pro tem- The Senator from Montana. also directs the Federal Communica- pore. The Republican leader is recog- TAX RELIEF AND JOB CREATION ACT— tions Commission, FCC, to auction un- nized. CONFERENCE REPORT derutilized spectrum and provides the Mr. MCCONNELL. Mr. President, I Mr. BAUCUS. Mr. President, I as- agency with authority to hold vol- yield back the remainder of our time. sume the next business is the vote on untary incentive auctions. These auc- The ACTING PRESIDENT pro tem- the payroll bill. Before that, I will take tions are expected to raise more than pore. All time is yielded back. 1 minute. $25 billion in revenue. In addition, the The question is, Will the Senate ad- As we vote on this bill and prepare to title authorizes the FCC to create vise and consent to the nomination of go home, I ask you to remember four guard bands in the broadcast spectrum Jesse M. Furman, of New York to be numbers: No. 1, 160 million; that is the that can be used for innovative new un- United States District Judge for the number of Americans who are helped licensed uses like Super Wi-Fi. These Southern District of New York? by this bill. The next number is 1,000; efforts will help meet the growing spec- Mr. TOOMEY. Mr. President, I ask that is $1,000 that each of those Ameri- trum demands of smartphones and tab- for the yeas and nays. cans is going to benefit by, by passage lets. Moreover, investment in the wire- The ACTING PRESIDENT pro tem- of the bill. The next number is 13 mil- less economy is expected to create hun- pore. Is there a sufficient second? lion, which is the number of Americans dreds of thousands of new jobs. The title is based on bipartisan legis- There is a sufficient second. who are unemployed and would be dra- lation developed by Senator ROCKE- The clerk will call the roll. matically helped by this bill. Finally, The legislative clerk called the roll. FELLER and Senator HUTCHISON, S. 911, 48 million, which is the number of sen- and a comparable House bill, H.R. 3630. Mr. DURBIN. I announce that the iors in America who have doctors take Senator from New Mexico (Mr. BINGA- The public safety provisions are based care of their health care needs. on the national model first developed MAN) is necessarily absent. Remember those four numbers and Mr. KYL. The following Senators are in S. 911, with some changes to ensure vote for this bill. Remember, the other flexibility for States. The spectrum necessarily absent: the Senator from body passed this bill by a margin of 293 Illinois (Mr. KIRK), the Senator from auction provisions are based on the to 132, evenly split between Repub- auction model in H.R. 3630, with some Kansas (Mr. ROBERTS), and the Senator licans and Democrats. I urge passage of from Louisiana (Mr. VITTER). changes regarding unlicensed spectrum the bill. and FCC auction rules. The ACTING PRESIDENT pro tem- Mr. President, there are a number of pore. Are there any other Senators in As to public safety provisions, title mistakes in the Joint Explanatory VI of the conference report provides for the Chamber desiring to vote? Statement of the Committee of Con- The result was announced—yeas 62, the construction of a nationwide, inter- ference on H.R. 3630 related to sections operable public safety wireless nays 34, as follows: 7003 and 7004 and the current law de- [Rollcall Vote No. 21 Ex.] broadband network. It does this using scription of those sections: the D-Block spectrum, which is ideally YEAS—62 No. 1, on page 36, in the paragraphs located for fostering seamless commu- Akaka Graham Murray describing current law, the last clause nication among first responders. It will Alexander Hagan Nelson (NE) of the last sentence of the third para- Baucus Harkin Nelson (FL) allow them to take full advantage of Begich Inouye Pryor graph should read: broadband functions in emergencies Bennet Johnson (SD) Reed A Senate point-of-order against emergency e.g., allowing firefighters to download Blumenthal Kerry Reid designations under BBEDCA exists pursuant Boxer Klobuchar floor plans to see inside buildings be- Rockefeller to section 511 of public law 112 78. fore they enter. It also will promote Brown (MA) Kohl Sanders Brown (OH) Kyl No. 2, on page 37, in the paragraphs Schumer economies of scale and efficiencies Cantwell Landrieu Sessions describing the conference substitute, from using the same spectrum nation- Cardin Lautenberg the description of section 7003 should Carper Leahy Shaheen wide. Casey Levin Snowe be deleted, and the paragraph labeled The title creates a First Responder Collins Lieberman Stabenow Section 7004 should be re-designated as Network Authority as an independent Conrad Manchin Tester section ‘‘Section 7003’’ and should read: entity within the National Tele- Coons McCain Udall (CO) Corker McCaskill Udall (NM) Paygo Scorecard Estimates—The budg- communications and Information Ad- Durbin Menendez Warner etary effects of this Act shall not be entered ministration, NTIA, and provides the Feinstein Merkley Webb on either PAYGO scorecard maintained pur- Authority with $7 billion and a license Franken Mikulski Whitehouse suant to section 4(d) of the Statutory Pay- to use the D-Block to build the nation- Gillibrand Murkowski Wyden As-You-Go Act of 2010. wide public safety network. To ensure NAYS—34 Mr. ROCKEFELLER. On behalf of efficiency, the title requires that the Ayotte Enzi McConnell myself and Senator BAUCUS, I wish to Authority leverage existing commer- Barrasso Grassley Moran state that title VI of the conference re- cial networks in construction. To en- Blunt Hatch Paul port to H.R. 3630, the Middle Class Tax Boozman Heller Portman sure national interoperability, the title Burr Hoeven Risch Relief and Job Creation Act of 2012, also creates a technical advisory board Chambliss Hutchison Rubio contains landmark bipartisan legisla- at the FCC to develop initial interoper- Coats Inhofe Shelby tion that more than 10 years after 9/11 ability standards. States that want to Coburn Isakson Thune Cochran Johanns will provide police, firefighters, and construct their own portion of the Na- Toomey Cornyn Johnson (WI) other first responders with a nation- Wicker tional public safety network have the Crapo Lee wide, interoperable wireless broadband option to apply for Federal grants to DeMint Lugar network for public safety. This legisla- build and operate the radio access net- NOT VOTING—4 tion will also help ease the Nation’s work in the State if they can dem- Bingaman Roberts growing spectrum shortage, through onstrate to the FCC that the network Kirk Vitter the auction of new spectrum to com- will meet the interoperability stand- The nomination was confirmed. mercial providers. Revenues from these ards and to the NTIA that they have

VerDate Mar 15 2010 01:58 Mar 08, 2012 Jkt 099060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S17FE2.REC S17FE2 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 17, 2012 CONGRESSIONAL RECORD — SENATE S889 the resources and capability to provide preserving the FCC’s flexibility to pro- over-the-air television that is so im- comparable coverage and security and tect competition in the awarding of li- portant our communities. the ability to maintain ongoing inter- censes, and to adopt auction proce- Mr. LEVIN. Mr. President, I am operability. dures and other rules of general appli- pleased that today we can approve a Unlike H.R. 3630, the title does not cability. full-year extension of the payroll tax require public safety officials to return Mr. LEAHY. Mr. President, Congress cut, important tax relief that is fo- the important 700 MHz narrowband has taken an important step today to cused on middle-class families who spectrum to the FCC for auction. In- address the looming spectrum crunch have suffered greatly during the Great stead, it requires the return of a more that our country faces as well as pro- Recession, tax relief that will help con- limited amount of spectrum currently vide first responders with the nation- tinue the economic recovery that ap- used by public safety. This return of a wide network that they undoubtedly pears to be under way and that we all portion of the so-called ‘‘T-Band’’ spec- need. From cell phones to WiFi to hope will strengthen in the months to trum occurs 11 years from the date of broadcast television and radio, spec- come. enactment, and public safety reloca- trum fuels some of the most critical The controversy over how to offset tion costs will be reimbursed from any technologies of the modern age. Em- the cost of this payroll tax relief has auction proceeds. This time frame pro- powering the Federal Communications twice now nearly derailed this impor- vides an opportunity for continued as- Commission to conduct voluntary auc- tant middle class tax relief. I am glad sessment of the viability of this transi- tions in order to recover potentially that we have for the second time avoid- tion—and its impact on public safety underutilized spectrum will ensure ed such an outcome. But my strong communications. that the public airwaves are being put preference would be for our colleagues The title also authorizes up to $300 to the best possible use. I am particu- across the aisle and across the Capitol million for critical public safety re- larly pleased to see that this provision to accept the reality that added rev- search and development activities and contains language that will protect enue must eventually be a part of our promotes deployment of Next Genera- broadcast television stations along the strategy here. Democrats have offered tion 9 1-1 services, which will com- Canadian border. common-sense solutions that would plement the advanced broadband capa- A potential consequence of the spec- have allowed us to prevent a tax in- bilities of the public safety network by trum auctions that Congress has been crease on American families without enabling the delivery of voice, text, considering is that the Federal Com- adding to the deficit and without dam- video, and other data to 9 1-1 call cen- munications Commission may need to aging our economic recovery. Rather ters. ‘‘repack’’ or move certain television than take steps such as ask for a small As to the spectrum auction provi- stations to new channels to appro- contribution from the wealthiest sions, the auction provisions in Title priately free up spectrum. This type of Americans—those with annual incomes VI of the conference report are largely repacking occurred following the tran- above $1 million—our Republican col- the same as those in H.R. 3630, with sition to digital television and put leagues preferred to add to the deficit. two significant exceptions—the provi- some broadcast stations in Vermont in That is an unfortunate choice. sions relating to unlicensed spectrum the position of having to reduce power Just as important as the extension of and FCC auction authority. to avoid interference with Canadian middle-class tax relief in this bill is the Unlicensed spectrum has been an en- broadcast signals. Further repacking extension of emergency unemployment gine of economic innovation and without appropriate protection could benefits. It is good for Michigan and growth. Today, unlicensed uses include have serious consequences for stations good for the Nation that we have re- Wi-Fi connections for laptops, tele- in Vermont and elsewhere along the jected the approach advocated by some, vision remote controls, and cordless border. The language in the bill Con- which would have slashed these impor- telephones. In the future, unlicensed gress has passed today makes sure that tant benefits. Emergency jobless bene- spectrum is expected to enable new repacking along our borders is subject fits have kept food on the table and forms of communication, like Super to international coordination with shelter overhead for millions of fami- Wi-Fi. The title advances this goal in Canada and Mexico. lies across the country coping with the three ways. First, it gives the FCC the In January, I joined with the other loss of a job through no fault of their authority to preserve existing tele- members of Vermont’s Congressional own. Beyond those families, this fund- vision white spaces. Second, it gives delegation in sending a letter to Sec- ing has been an economic lifeline to the FCC the authority to optimize retary of State Clinton requesting that communities hard-hit by job losses, these white spaces for unlicensed use the State Department explore a new and it has been an important compo- by consolidating them into more opti- spectrum coordination agreement with nent in our economic recovery. mal configurations through band plans. Canada. As Congress moves forward I should note here that my own State Third, it gives the FCC the authority today with approving spectrum auc- cannot take full advantage of this ex- to use part of the spectrum relin- tions, I once again call for a new agree- tension unless it reverses the decision quished by television broadcasters in ment that will ensure adequate spec- of the Governor and State Legislature the incentive auction to create nation- trum exists for repacking in Vermont to cut State benefits from 26 weeks to wide guard bands that can be used for and elsewhere along the border. Broad- 20 weeks. Because of this decision, from unlicensed use, including in high value cast television is critically important March through May of this year, markets that currently have little or to communities across this country, Michiganians who could be eligible for no white spaces today. Nationwide, un- and the steps Congress has taken today a total of 89 weeks of benefits will be licensed access to guard bands will en- will make sure that residents relying limited to 69 weeks. For a relatively able innovation, promote investment on this free service do not see signifi- small investment on the State’s part, in new wireless services, and enhance cant disruptions due to a lack of inter- we could make a major difference for the value of licensed spectrum by pro- national coordination. Michigan families if we reverse the tecting against harmful interference The voluntary spectrum auctions State’s cuts. I hope the Governor and and allowing carriers to off-load data that Congress has approved today are Legislature will reconsider their posi- to alleviate capacity concerns. an important step in freeing up the air- tion. Under current law, the FCC has broad waves for new and innovative uses. The The extension of the so-called ‘‘doc authority to craft auction rules in the auction provision also ensures that fix’’ to prevent major cuts in Medicare public interest. The agency has used public safety will finally have a nation- reimbursements to health care pro- this authority to ensure that commu- wide broadband network at its dis- viders is another important part of this nications markets remain competitive. posal, which was a key recommenda- legislation. Year after year we find H.R. 3630 would have restricted the tion of the 9/11 Commission. I am ourselves toying with the idea of allow- FCC’s future ability to limit participa- pleased that stakeholders came to- ing drastic cuts to the providers who tion in and set rules for spectrum auc- gether to craft a compromise that will serve our nation’s elderly and most tions. Title VI of the conference report help to spur innovation, improve public vulnerable. I am glad we again avoided modifies this prohibition by expressly safety, and preserve access to the free, this outcome; however, we missed yet

VerDate Mar 15 2010 01:58 Mar 08, 2012 Jkt 099060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S17FE2.REC S17FE2 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S890 CONGRESSIONAL RECORD — SENATE February 17, 2012 another important opportunity to fix manently repeal the SGR, I am grate- port that would increase by 2.3 percent this growing problem that becomes ful that they averted the latest crisis retirement contributions for some Fed- more expensive the longer we wait to by including a 10-month fix, freezing eral employees. This provision will re- act. payments to physicians through the duce pay for Federal workers who have In addition to supporting our na- end of the year. already been faced with a freeze in sal- tion’s health care providers, this bill However, the latest Medicare physi- ary. includes a short-term extension of hos- cian payment fix comes at a great cost I look forward to working with my pital wage index reclassifications to hospitals, clinical laboratories, and colleagues to permanently repealing under Section 508 of the Medicare Mod- preventive health initiatives. the SGR later this year. ernization Act. While I am dis- The conference report offsets the cost Ms. MIKULSKI. Mr. President, I appointed we were unable to provide a of the SGR with $9.6 billion in Medi- come to the floor today both volcanic long-term extension of this provision— care cuts, $4 billion in Medicaid cuts, and flabbergasted. I am volcanic that which helps remedy an inaccurate and $7.5 billion in cuts from provisions this bill is not fully paid for and that Medicare classification—at least we in the Affordable Care Act, ACA. we are using permanent solutions to were able to include a retroactive 4- Massachusetts hospitals and skilled solve temporary problems. And, I am month extension for affected hospitals nursing facilities will be negatively im- flabbergasted that Republicans are in my State. And while some of the pacted by the cuts to bad debt pay- more willing to protect billionaires health care cuts used to pay for these ments which reimburse providers for than keep our economy rolling and pro- extensions will be very difficult to ab- beneficiaries’ unpaid coinsurance and vide a safety net for those going sorb, I am pleased we successfully deductible amounts after reasonable through tough times. pushed back against the most draco- collection efforts. Because of this pro- We are asked to make an impossible nian cuts to important safety net pro- vision, Massachusetts hospitals will be choice. I want to continue the payroll viders that House Republican’s in- cut by approximately $94 million over tax holiday. I want to continue unem- cluded in their bill. the next decade. ployment insurance. And I want to The legislation also authorizes the Clinical laboratories in Massachu- stop a pay cut to doctors that care for Federal Communications Commission setts will also bear disproportionate the injured and infirm. But I will be to hold incentive auctions to entice cuts because of offsets in the con- darned if I agree to pay for it by cut- broadcasters to sell some of their un- ference report. They will see their ting payments to hospitals that serve used or underused spectrum to free up Medicare payments reduced by 2 per- the poor and by asking civil servants spectrum to meet growing demand for cent in 2013 and will see additional re- to take it on the chin when billionaires wireless broadband technologies and ductions in the future. There are over do not have to contribute a dime. Republicans say they want to cut also help public safety officials build a 630 medical laboratories in Massachu- spending. They say they are serious national broadband network to im- setts, and I am concerned that these about reducing the deficit. But the prove communications during emer- cuts will delay or deny patient access only thing they are serious about is gencies. to lifesaving and life-enhancing inno- protecting the pampered and pros- Securing adequate spectrum for and vative diagnostic tests. perous. I will give you an example. building out a nationwide interoper- The conference report substantially Continuing the payroll tax holiday able public safety broadband network reduces funding for the Prevention and costs about $100 billion. I want to pay is an important public policy goal that Public Health Fund created in the Af- for it by cutting tax breaks for billion- is overdue to be implemented as a rec- fordable Care Act by $5 billion. Massa- aires, tax breaks for oil companies, and ommendation of the 9/11 Commission. chusetts supports public health funding One issue related to these auctions of tax breaks for big agriculture. But Re- solely from grants and has received particular interest to me is the unique- publicans do not want to pay for it at over $24 million in grants from the pre- ness of our border states when it comes all. The so-called party of fiscal dis- vention fund since enactment of health to spectrum signals. Broadcasters, in- cipline wants to add $100 billion to the reform. Cuts to the prevention fund cluding those in Detroit, Flint, Tra- deficit before asking billionaires to pay will jeopardize preventive care initia- verse City, Grand Rapids, and Lansing, more. Some people might call that hy- have been concerned about potential tives throughout the State, including a pocrisy. I call it a sham. interference of signals along the border program by UMass School of Public This bill would block a 27% pay cut if spectrum allocations were modified Health and Health Sciences to provide to doctors that care for the injured and from the carefully negotiated existing diabetes care trainings throughout infirm. I support that but I would like signals. I am pleased that this has been western Massachusetts. to see a long-term fix to this payment addressed by requiring that any re- I am also disappointed that the con- problem and not just a 10-month patch. assignments of channels be subject to ference report will eliminate the exten- To pay for this temporary fix, the bill special rules to avoid that interference. sion of funds for section 508 hospitals cuts $10 billion to hospitals that pro- Mr. KERRY. Mr. President, I am on April 1, 2012. This will cause ap- vide care to the poor and Medicare pa- pleased that the conference committee proximately $4 to $7 million in annual tients. We ask doctors and hospitals to was able to reach agreement to provide cuts to Berkshire Medical Center, the care for the most vulnerable and then critical tax relief for American work- only section 508 hospital in Massachu- we say we would not pay the bill. ers and to extend unemployment bene- setts. The bill also cuts funds for health fits for out-of-work Americans. However, I am supporting the con- prevention activities. Republicans like In a letter to conferees earlier this ference report because it is imperative to call it a ‘‘slush fund.’’ Since when month, I urged the committee to in- for Congress to pass tax relief, extend did efforts to combat our Nation’s clude a permanent repeal of Medicare’s unemployment protections, and pre- highest cost disease and conditions like sustainable growth rate, SGR, formula vent damaging cuts to physicians. The diabetes, Alzheimer’s and heart disease and offset the cost with savings from Medicare physician payment fix is par- become a ‘‘slush fund’’? The bill also capping a portion of the spending for ticularly important to the Massachu- cuts laboratory services that diagnose overseas contingency operations, OCO, setts economy. One in five workers in illness. We are cutting the ‘‘good-guy’’ below amounts in the Congressional Massachusetts is employed in health institutions to protect the checkbooks Budget Office, CBO, baseline. care. Nearly 15 percent of my State’s of the wealthy. Every Medicare expert knows that economy is based on health care. This The bill also sticks it to civil serv- the SGR formula is irreparably flawed issue directly impacts 20,000 physi- ants who are already operating under a and needs to be repealed. If the con- cians, their 64,724 employees, and every 2-year pay freeze. Congress has already ference committee was unable to reach health care constituency which de- balanced the budget on their backs and agreement, doctors serving Medicare pends on Medicare, including the saved $60 billion over 10 years by freez- beneficiaries would face a 27.4-percent 187,000 employees of Massachusetts ing their pay. Instead of asking billion- cut on March 1. hospitals. aires to sacrifice once it asks more While I am disappointed that con- I am concerned about a provision than 2 million middle class civil serv- ference committee was unable to per- that was included in the conference re- ants to pay more again. It leaves the

VerDate Mar 15 2010 01:58 Mar 08, 2012 Jkt 099060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S17FE2.REC S17FE2 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 17, 2012 CONGRESSIONAL RECORD — SENATE S891 hedge fund managers alone and takes efits immediately from its current ately and unfairly harmed older work- from the GS 5 earning $30,000 a year maximum of 99 weeks, targeted to- ers. And, it could have led to the denial and the GS 7 earning $40,000. wards the hardest hit States, to 59 of benefits, despite the efforts of the Across the country there are 2 mil- weeks. This would have hurt families unemployed worker, because access to lion civil servants who work for 300 and the economy. The relatively small a GED program was unavailable. Re- million Americans every day with hon- weekly UI benefit can be the difference publican efforts to cut adult education esty, integrity and competency. They between paying rent and putting food funding have and will continue to limit keep our food safe, our environment on the table and ensuring the survival access to these education services. clean, our communities protected and of local businesses. In addition, this conference report in- our democracy stable. They are at our The White House, as part of a broad cludes an agreement that will create a borders and airports protecting our jobs plan, which was designed to appre- critically needed nationwide wireless safety and at Social Security offices ciably reduce the unemployment rate, communications network for public helping seniors get their benefits. They also proposed to reduce the maximum safety, while also allowing the Federal are Nobel Prize winners, they create amount of jobless benefits from 99 to 79 Government to auction off portions of private sector opportunities and they weeks. This proposal made sense as the wireless spectrum that it no longer are the economic engine of Maryland. part of a broad package that would needs. I fought against language in the Despite all of this, civil servants have help Americans get back to work. How- House bill that the Department of De- been the target of unending attacks. ever, Republicans blocked that jobs fense stated would be damaging to our They have been downsized, furloughed package and cherry-picked the 79 Nation’s defense capabilities by forcing and shut down. They are enduring pay weeks from the President’s proposal the Department to withdraw from cer- freezes and broken promises on retire- and presented that as the Democratic tain portions of the wireless spectrum ment security. Every great democracy starting point. I and my fellow Demo- that it currently uses. I am pleased needs a civil service. We have one but crats during negotiations stressed that that the conference report does not in- we can not keep it if we keep up this existing law is 99 weeks; and, in fact, clude this language. toxic environment for our civil serv- under this conference report 99 weeks The compromise also ensures ap- ants. will continue for many States through proximately 181,000 Rhode Islanders on I support a payroll tax holiday. I sup- April and May. Democrats were able to Medicare will continue to have access port extending Unemployment Insur- ensure that the ultimate reduction to to health care services by preventing a ance and I support a long-term doc fix. 73 at the end of the year was gradual 27-percent cut in Medicare payments to But these items must be paid for. We and that the maximum aid continued doctors. And it provides over $7 million cannot let corporations and the flowing to the highest unemployment for Rhode Island to help an estimated wealthy walk away again when the States. 4,000 parents and children every month middle class gets stuck with the bill. Senate and House Democrats were through December retain their Med- Mr. REED. Mr. President, the aver- also successful in including important icaid coverage as they transition to age Rhode Islander remains worried and commonsense reforms to the un- employment and increase their earn- about the economy and their future. employment insurance system that ings. There are some signs that offer hope in will bolster reemployment services for While I am pleased that I helped pre- the economy, but for too many, good the unemployed. There is also a key vent any benefit cuts to seniors on news still eludes them. Congress has provision to help prevent the loss of Medicare and other low-income indi- the ability and the obligation to rein- jobs in the first place. My work sharing viduals and families to pay for the ex- vigorate the recovery, boost demand, legislation that was included in this tension of these health care programs, and create jobs. Unfortunately, because bill will provide $500 million to en- included in the proposal offered by Re- of Republican obstructionism, Congress hance and expand the use of a proven publicans in the House, I am dis- has not been able to act and produce initiative to help keep Americans on appointed that the compromise in- the kind of results the American people the job and provide employers with a cludes reductions in Medicare pay- and Rhode Islanders are asking for, practical alternative to layoffs that is ments to hospitals, nursing facilities, mainly more jobs. In fact, Republicans good for business. This voluntary pro- and clinical laboratories. have manufactured crises. Last sum- gram has been very successful in Rhode There was a better way to pay for mer they jeopardized the full faith and Island, saving over 10,000 jobs. Econo- this legislation. Congress could have credit of the United States by refusing mist Mark Zandi estimates that tem- closed egregious corporate subsidies to raise the debt ceiling, and in Decem- porary financing of work share offers a and made our tax system fairer. Unfor- ber, they threatened to cut off jobless very high ‘‘bang for the buck’’ of $1.69. tunately, Republicans refused. benefits to millions of out-of-work Work sharing allows businesses to re- But overall, this compromise con- Americans looking for a job and raised tain skilled workers, temporarily cut tinues important policies that help the taxes on the middle class by not ex- costs, and maintain employee morale. middle class. But Congress still has tending the payroll tax cut. It keeps people working while receiv- much work to do to create jobs and re- Fortunately, this conference report ing a share of unemployment benefits store economic opportunity and fair- avoids last-minute threats of financial to make up for lost wages and retain- ness. I will continue to press for pas- calamity or economic ruin. This com- ing health insurance and retirement sage of innovative job creation strate- promise will continue the payroll tax benefits. This means workers can con- gies to accelerate our economic recov- cut for 160 million working Americans tinue to pay their mortgages and bills, ery. and jobless benefits for millions of un- provide for their families, and support The ACTING PRESIDENT pro tem- employed individuals looking for work businesses in their local communities. pore. The Republican leader. all through 2012. More than 20 States have adopted Mr. MCCONNELL. Mr. President, I What I find most disconcerting in the work-sharing initiatives. By including yield back the time on this side. debate preceding this conference report this provision in the conference report, The ACTING PRESIDENT pro tem- and the deal that we struck with Re- we are encouraging States with exist- pore. The Senator from Montana. publicans is their view of the reasons ing layoff prevention systems to utilize Mr. BAUCUS. Mr. President, I ask why Americans are out of work. As them more frequently and unanimous consent that notwith- economists have shown, Americans are incentivizing States without work standing lack of receipt of the papers out of work because of the weak econ- sharing to create them. from the House with respect to the omy and the unwillingness by many in This compromise also improves work conference report to accompany H.R. this body to do something about it. search requirements and helps States 3630, the Senate proceed to vote on Republicans believe that slashing the recover benefit overpayments. adoption of the conference report, as duration of unemployment benefits Importantly, we prevented Repub- provided under the previous order. will yield jobs. This is a view that is lican UI proposals that would have re- The ACTING PRESIDENT pro tem- harmful to many in my State. Repub- quired a GED to collect UI benefits; pore. Is there objection? licans in the House would have cut ben- this proposal would have disproportion- Without objection, it is so ordered.

VerDate Mar 15 2010 01:58 Mar 08, 2012 Jkt 099060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S17FE2.REC S17FE2 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S892 CONGRESSIONAL RECORD — SENATE February 17, 2012 Mr. BAUCUS. I yield back all time. The Senator from Nevada [Mr. REID] pro- postal bill are really big, important The ACTING PRESIDENT pro tem- poses an amendment numbered 1730. pieces of legislation. pore. All time having been yielded Mr. REID. I ask that further reading I would be happy to yield to my back, the question is on agreeing to the of the amendment be waived. friend, the chairwoman of the com- conference report to accompany H.R. The PRESIDING OFFICER. Without mittee. 3630. objection, it is so ordered. The PRESIDING OFFICER. The Sen- Mr. BAUCUS. Mr. President, I re- (The amendment is printed in today’s ator from California. quest the yeas and nays. RECORD under ‘‘Text of Amendments.’’) Mrs. BOXER. Very briefly, I just want to thank my friend so much. He The ACTING PRESIDENT pro tem- f pore. Is there a sufficient second? has a lot of ties to the environment MORNING BUSINESS There is a sufficient second. and public works community, and we The clerk will call the roll. Mr. REID. Mr. President, I now ask know every State in the Union is The legislative clerk called the roll. that we move to a period of morning watching us. They want to know that Mr. DURBIN. I announce that the business, with Senators allowed to we are going to get our job done on the Senator from New Mexico (Mr. BINGA- speak until 2 p.m. for up to 10 minutes highway bill. I see Senator THUNE is on MAN) is necessarily absent. each. the floor. He has been extraordinarily Mr. KYL. The following Senators are The PRESIDING OFFICER. Is there helpful as we have worked our way necessarily absent: the Senator from objection? through this in the most bipartisan Illinois (Mr. KIRK), the Senator from Without objection, it is so ordered. fashion. For people who might be confused Kansas (Mr. ROBERTS), and the Senator f with the vote that took place, I just from Louisiana (Mr. VITTER). SURFACE TRANSPORTATION ACT wanted to point out that in the pack- The PRESIDING OFFICER (Mr. age that was on the floor, what hap- PRYOR). Are there any other Senators Mr. REID. Mr. President, what we pened was there was a problem in the in the Chamber desiring to vote? have just gone through is an effort to Commerce Committee. There was a bi- The result was announced—yeas 60, bring the highway bill to be closer to partisan problem there which has now nays 36, as follows: the end. The amendment I have offered does been worked out. [Rollcall Vote No. 22 Leg.] not have in it the Commerce Com- So what my colleague has done now YEAS—60 mittee-reported matter. There has been is—I ask unanimous consent that I can Akaka Graham Murkowski an effort made by members of the Com- control the floor for the next 5 min- Ayotte Grassley Murray merce Committee on a bipartisan basis utes. Baucus Hagan Nelson (NE) The PRESIDING OFFICER. Is there Begich Heller Nelson (FL) to have another proposal, and that is Bennet Hoeven Pryor what is now in this bill. I would hope objection? Without objection, it is so ordered. Blumenthal Inouye Reed that will be accepted—I am told it Boxer Johnson (SD) Reid Mrs. BOXER. So what my colleague Brown (MA) Kerry Rockefeller will—when we get back, which will has done by offering this amendment is Brown (OH) Klobuchar Rubio allow us to start legislating, the Mon- to offer now the agreed-upon Com- Cantwell Kohl Schumer day we get back, on this bill. We have Carper Landrieu Shaheen merce package and the agreed-upon Casey Lautenberg Snowe to move to completion. bill so that we can finally get started Cochran Leahy Stabenow As I said earlier today, I don’t like a and not have us torn asunder. Collins Levin Tester lot of the amendments my Republican Conrad Lieberman Udall (CO) It was wonderful to interact with Coons Lugar Udall (NM) colleagues have offered, but they have Senator HUTCHISON today because she Durbin McCaskill Webb a right to offer amendments. We are made her point that she is quite satis- Feinstein McConnell Whitehouse going to have to work through these fied with the compromise that has been Franken Menendez Wicker amendments. I hope we can come up Gillibrand Merkley Wyden worked out between herself and Sen- with, the day we get back or at least ator ROCKEFELLER on the new com- NAYS—36 the next day, a list of finite amend- promised Commerce piece. Alexander DeMint McCain ments, Republican amendments and So when we come back, here is where Barrasso Enzi Mikulski Democratic amendments, and work our Blunt Harkin Moran we will be: Senator REID has offered Boozman Hatch Paul way through those. We can’t have hun- that new package, which is 100 percent Burr Hutchison Portman dreds of amendments, and I hope we bipartisan. I have talked with Senator Cardin Inhofe Risch can work that down to a reasonable INHOFE. His staff and my staff are going Chambliss Isakson Sanders Coats Johanns Sessions number. Both sides are going to offer to be working literally—I don’t want to Coburn Johnson (WI) Shelby amendments. I am sure it won’t be a say 24/7; that is an exaggeration, but Corker Kyl Thune lot of fun, but that is why we are elect- they are going to be working every Cornyn Lee Toomey ed—to make tough decisions. day, including the weekends, over this Crapo Manchin Warner There are some measures we have to work period to take probably 200 NOT VOTING—4 vote on that relate to the bill. I know amendments—that is usually what Bingaman Roberts that may sound a little unusual, but happens in these bills—and try to get a Kirk Vitter there may be some amendments that few that are simple, that are not con- The conference report was agreed to. are germane or relevant to the matter troversial, get those agreed upon on a Mr. REID. Mr. President, I move to we are considering. We are going to staff level, and bring them back to a reconsider the vote. work through those. lot of principals. We have a lot of prin- Mr. BAUCUS. I move to lay that mo- I hope we don’t have to file cloture cipals in this because we have four tion on the table. on the bill—that would be nice—be- committees—all working in good faith, The motion to lay on the table was cause this legislation is important be- I might add. agreed to. cause the surface transportation law So I am excited. I know Senator f that is now in effect expires at the end LANDRIEU is on the Senate floor, and of March. So we have a lot of work to she has been doing a wonderful job MOVING AHEAD FOR PROGRESS IN do in a short period of time. with Senator NELSON, Senator SHELBY, THE 21ST CENTURY ACT—Continued So Senators understand, we have a Senator WICKER, Senator CARPER, and AMENDMENT NO. 1730 TO S. 1813 lot more to do. We not only have to fin- others, on a bipartisan basis on the RE- Mr. REID. I have an amendment at ish this bill, but it is imperative that STORE Act. It is an amendment that the desk. I now ask that the clerk re- we bring to the floor the postal reform has been filed, and I am very hopeful port the amendment. legislation. It is extremely important. that is the type of thing we can get The PRESIDING OFFICER. The We also have a lot of nominations we done with good will here, people will- clerk will report the amendment. are going to have to deal with, and ing to not filibuster but agree to 60- The assistant legislative clerk read these are the things we have in the vote thresholds, if they have to, with as follows: short term. The highway bill and the time agreements.

VerDate Mar 15 2010 01:58 Mar 08, 2012 Jkt 099060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S17FE2.REC S17FE2 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 17, 2012 CONGRESSIONAL RECORD — SENATE S893 Here is the deal, and I will close. Sen- PAYROLL TAX CONFERENCE REPORT Just this week, General Motors an- ator REID was exactly right. If we don’t Mr. AKAKA. Mr. President, I reluc- nounced plans to suspend pension bene- do this bill, our entire transportation tantly supported the conference agree- fits for nearly 20,000 employees who program expires at the end of March. ment because it is absolutely essential have been with the company for more That is 1.8 million jobs directly im- that we extend the payroll tax holiday than 10 years. Long term, this unfortu- pacted by this bill. In the bipartisan and unemployment insurance benefits. nate trend will rob millions of Ameri- bill we have worked out, we not only The stakes are too high to do otherwise cans who have worked hard all their protect those jobs, but we create up to for our economic recovery and for mil- lives of the security retirement they 1 million new jobs because we have lions of Americans struggling to make earned and deserve. This trend, trag- added a very important piece, the ends meet. We cannot abandon them or ically, is bound to increase poverty TIFIA piece. So we have made that a reverse progress during this difficult among senior citizens in the coming major program which has cost very lit- time. years. tle because the way money is lever- However, I strongly oppose the deci- Some of my colleagues want to fol- aged, it will leverage local funds, State sion to pick the pockets of Federal low the private sector and eliminate or funds, private funds. That means we workers yet again just to offset the dramatically reduce the Federal pen- could see up to 1 million new jobs. cost of 10 months of unemployment in- sion. As we leave here today, the good surance benefits. I am not opposed to Today, this conference agreement news is that we have made sure that offsetting the costs, but I believe will, unfortunately, take the first step millions of working Americans will be shared sacrifice is essential and a sim- in that direction. But I call on my col- able to count on the payroll tax cut. ple matter of fairness and decency. Un- leagues to prevent the Federal Govern- That is good. We make sure that so fortunately, once again, rather than ment from joining this race to the bot- many of our unemployed workers can asking millionaires and billionaires to tom. I fear this shortsighted attack on know they will continue to receive un- pay their fair share of taxes, some of Federal workers will repeat itself. employment and that our senior citi- my colleagues insisted on taxing Amer- Every time we need an offset to fund zens know their doctors will not run ica’s dedicated middle-class public anything, I expect there will be an- away from them when they come in servants. other proposal to cut Federal pay, pen- with their Medicare card. We have done Future Federal employees will be re- sions or other benefits. We must stop a good thing on that. quired to pay an additional 2.3 percent and help to protect our Federal work- There are things in that bill I don’t of their income toward their pensions. ers. like. Certainly it was a compromise. That means most employees will pay a I yield the floor. We met each other halfway. In the total of 3.1 percent of their salaries, The PRESIDING OFFICER. The Sen- highway bill, we have done that as and that is in addition to the 6.2 per- ator from Massachusetts. well. So I am ever so grateful to the cent they pay for Social Security re- f leadership in the Senate because they tirement benefits. This agreement ef- NOAA could easily have said: Well, we had a fectively lowers the Federal pay scale cloture vote, and it went down. Let’s by 2.3 percent going forward, and this Mr. BROWN of Massachusetts. Mr. forget the bill. comes after Federal wages already President, I appreciate the comments But we are all working together. We have been frozen for 2 years. Under this of the Senator before me. I wish to rise knew we had to take this step to get to agreement, future congressional em- to inform colleagues and the public of the next step. So we are at that step. ployees—all of our staffs, who often some highly disturbing information We will come back, and we will begin work long hours for us and are under- that I have just learned about a broken in earnest to dispose of amendments. I paid—will pay more toward their pen- agency within our Federal Govern- hope we will have a list from the staff sions at the same time as we cut their ment, something actually that Senator of maybe 15, 20 amendments that are pension benefits by more than one- CARPER and I have been working on. I not controversial that we can move third. These are permanent changes know he will have great interest in this forward on and then get to some of the made to fund just 10 months of unem- issue. I am talking about the National difficult issues. ployment benefits—not a good invest- Oceanic and Atmospheric Administra- In closing, I urge my colleagues on ment in our Nation’s future. tion, NOAA. both side of the aisle—why do we need Some of my colleagues would have We all know Washington does not to have a birth control amendment on you believe that Federal employees are spend our money wisely, the money a highway bill? Why do we have to overpaid, and that simply is not true. they collect from individual citizens. have foreign relations amendments? I In many critical fields, the Federal They do not spend it wisely. But some- serve on that committee, Foreign Rela- Government struggles to compete with times it is worth highlighting examples tions, and I am proud of it, but we the private sector to recruit and retain of the corruption and waste that is ac- shouldn’t be bringing controversial, the skilled people our Nation needs: ex- tually taking place in the Federal Gov- unrelated amendments to the highway perts in cyber security and intelligence ernment. bill because 2.8 million jobs are hang- analysis, doctors and nurses to care for Yesterday morning, I contacted the ing in the balance. our wounded warriors, accountants Commerce Department inspector gen- But I leave here with great optimism. who protect taxpayers during billion- eral to request a copy of their report A couple of days ago I said I didn’t see dollar defense acquisitions. These are on NOAA’s purchase of a $300,000 lux- a path forward for the highway bill and just a few examples. Federal employees ury boat. It would be bad enough if the transit bill. Today I see a very handle incredibly complex work. On they purchased this boat with taxpayer clear path forward. If we all continue paper, an analyst might compare the dollars, but they did not. They paid for to work together, we are going to be salary of a nuclear submarine me- it with money that should belong to proud and we are going to make every- chanic to a car mechanic. We all de- our struggling fishermen. They paid for one, from the Chamber of Commerce to pend on the important work car me- it out of fines fisherman pay into the the AFL CIO and every group in be- chanics do, but clearly we used to re- pot when they mistakenly catch the tween that has joined in a coalition of cruit the most sought-after mechanics wrong kinds of fish. Those dollars are 1,000 organizations—they are going to possible to be our nuclear sub mechan- supposed to stay in the fishing commu- be happy, and, most of all, the Amer- ics, and we need to pay them enough to nity to help the fishermen. ican people will be happy, because we retain them. As the income gap in this I would like to point out—this is the have to fix those bridges and those country widens and so many hard- boat. This is a photo of the actual boat highways, and we have to make sure working Americans face increasing that was purchased. For a government our people have alternatives so they economic insecurity, I am proud that vessel, I would say that is pretty can get into transit. the Federal Government still pays flashy. Let’s take a look inside this Mr. President, I yield the floor. most employees a living wage. boat. This is a fully appointed bar, the The PRESIDING OFFICER. The Sen- Many private sector employers are latest onboard entertainment systems, ator from Hawaii. scaling back or eliminating pensions. the leather furniture complete with the

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It is something I speak about employee and a good time. When asked A little earlier today we passed a regularly when I am with my fisher- about that incident, the NOAA em- conference report that extended the men in Massachusetts. Let me describe ployee lied to the IG and said there was payroll tax cut. While I am glad the the situation to people who are listen- no family on board. That was just one payroll tax cut was extended, I voted ing in the gallery and also people who of many instances of NOAA employees against that conference report because, are watching. deliberately misleading the IG. unfortunately, we did not pay for that NOAA levied totally unreasonable Another NOAA officer used the un- tax cut. I believe we could have found fines against our fishermen. They used dercover NOAA boat to take his wife to ways to pay for it—a surcharge on mil- that money to buy themselves a luxury lunch in Seattle. On this trip, the boat lionaires, tying this to a means test so boat. engines stalled in a shipping lane be- it could have been more coordinated. What else did the IG investigation cause the boat ran out of fuel due to But also in that action for those parts find? Here we go: another operator error. The guy didn’t of the legislation that we passed that According to the IG, NOAA had no know how to switch the tanks. So they we did pay for, things such as unem- reasonable official use for this boat. were stuck drifting in a dangerous ployment benefits, we once again tar- Let’s start there. They didn’t need it. shipping lane. The officer and his wife geted a group that I think for too Period. They had some story about apparently found the situation com- many in Congress becomes the payer of needing an ‘‘undercover vessel’’ to ical. I don’t think that the fishermen first resort, not payer of last resort; sneak up on whalewatching vessels. in New Bedford or Glouster or Fall that is, our Federal employees. Imagine that—armed Federal agents River are laughing. Again, the money Over the last year and a half or so, I sneaking up on school groups and tour- that belonged to our hard-working fish- have continued a tradition that was ists trying to learn about nature. The ermen is paying for all this. I cannot started by a colleague, Senator Ted IG found this to be as ridiculous. NOAA fathom that type of behavior, espe- Kaufman from Delaware, where on an officials wanted this useless luxury cially in this tough time when we are occasional basis I come down and rec- boat. Then they-invented a reason to all in a fiscal emergency. ognize the service of Federal employees buy it with fishermen’s hard-earned To this day, no one has been held ac- who, too often, again as we have seen dollars. countable. No one has been disciplined, in recent debates, receive the brunt of So why did NOAA go to such lengths fired or even reprimanded for anything lots of comments when in reality they to ‘‘manipulate’’ and ‘‘violate’’ the having to do with this boat. are good folks who keep the operations government purchasing rules to get As we see today, NOAA has a culture of our Government working, who pa- this boat? NOAA already has many of corruption that has created a chasm trol our streets, catch the terrorists, boats and more cars than it has agents, of distrust between the agency and the and in some cases just recently I recog- so why add this to the inventory? They fishing industry. That trust is some- nized a Federal employee who actually apparently didn’t need it for official thing that absolutely needs to be rees- helps keep the Senate operating on a tablished. purposes. We know that because the IG regular basis. I would like to take 1 more minute. says that it was never—I repeat— As we think about how we get our My question is addressed to the Presi- never—used for official business. debt and deficit under control and pay dent—not the Presiding Officer, the The sad truth is that it was a fisher- for the programs that we will continue real President, President Obama, and men-funded party boat for bureaucrats, to initiate, we need to make sure we to Dr. Lubchenco. What does it take to Mr. President. That’s right, while fish- have a shared burden approach, where get fired from NOAA? We have the abu- ermen in Gloucester and New Bedford we look both to programs that have sive treatment of fishermen resulting are struggling to put off foreclosure or outlived their usefulness and the rev- in the decimation of the fleet; inves- mourning the loss of their livelihood enue side. Yes, I know Federal employ- tigations motivated by money, shred- because of NOAA’s overzealous enforce- ees will make their contribution as ding parties destroying 75 to 80 percent ment, the NOAA office was living the of the required documents before an in- well, but as we have seen from their good life on their dime. vestigation, lying to the IG, discour- pay freeze, from the threat of repeated NOAA officials used the boat for the aging cooperation with the IG, mis- furloughs over the last year and a half, following: Trips to dockside res- leading Members of the Congress, the and now adding to their pension con- taurants; Hamburger and hotdog BBQs $300,000 party boat purchases, $12,000 in tribution for new Federal employees, and alcohol-fueled parties and with party boat expenses paid with fisher- that burden is not always shared with family and friends; ‘‘Pleasure cruises’’ men’s fines, a $30,000 engine destroyed all. at high rates of speed, with beer con- by a NOAA employee on his weekend TRIBUTE TO JOSEPH LAWRENCE sumed on-board; Even though Federal vacation and no one is held account- I am continuing the tradition of rec- rules ban non-employees from being on able. ognizing great Federal employees. vessels, a NOAA supervisor even told a This needs to change. Accountability Mr. President, today I am pleased to subordinate that his wife was welcome starts at the top. NOAA’s leadership honor a recently retired great federal to ‘‘kick back and watch TV’’ on the needs to change. I am calling one more employee, Joseph Lawrence. He most boat; They filed expense reports and re- time to have President Obama fire recently served as the director of tran- imbursed themselves for these trips. NOAA Administrator Jane Lubchenco, sition in the Office of Naval Research What excuse did NOAA employees and if not now, when? If for not this, within the Department of Defense. give for this behavior? They needed to then for what? What does it take to get During his time there, he oversaw a do all these things to maintain the rec- fired at NOAA? Our fishermen and the $1 billion research and development reational appearance of this ‘‘under- American taxpayers deserve better portfolio responsible for developing cover’’ boat . . . that was never even from the Federal Government. science and technology solutions to used for the ‘‘undercover’’ work that it I yield the floor. problems discovered during war game was supposedly purchased for. The PRESIDING OFFICER. The Sen- exercises conducted by the Marine Mr. President, let’s be serious: A ator from Virginia. Corps and the Navy. booze cruise is a booze cruise. One f For example, Mr. Lawrence oversaw NOAA officer decided to take his fam- the development and delivery of a new ily on a weekend trip to a posh resort. FEDERAL EMPLOYEES type of dressing that can be applied to He took the undercover NOAA party Mr. WARNER. Mr. President, I thank a battlefield wound to prevent bleeding boat to get there, but he was untrained my colleagues on the other side of the during transportation to a hospital.

VerDate Mar 15 2010 01:58 Mar 08, 2012 Jkt 099060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S17FE2.REC S17FE2 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 17, 2012 CONGRESSIONAL RECORD — SENATE S895 This innovation is now found in every Federal employees retire, they get some issues that are very important to Marine’s individual first aid kit, as their retirement benefits in a timely the economy of the heartland of the well as products used by U.S. Armed and efficient manner. Midwest and the people I represent, Forces and law enforcement agencies. I yield the floor and thank my col- and I know the Senator from Kansas Other innovations include a system leagues for their courtesy. represents. that protects tactical wheeled vehicles The PRESIDING OFFICER. The Sen- When you look at what they are pro- against rocket-propelled grenade and a ator from South Dakota. posing and the prescriptive nature of crane that better transfers containers Mr. THUNE. Mr. President, I ask that, the detail they go into in re- between ships. unanimous consent to enter into a col- stricting the ability of young people to In December 2011, Mr. Lawrence re- loquy with the Senator from Kansas work on family farm and ranch oper- tired after 45 year of service, which for as much time as we may consume. ations, you have to say: What were began at the U.S. Naval Research lab The PRESIDING OFFICER. Without these people thinking and what world while he was in college. He has played objection, it is so ordered. do they live in? Because there seems to an important role in the protection of f be a parallel universe to think that all our country and the well-being of our of these various regulations and re- CHILD LABOR IN AGRICULTURE troops. strictions they would impose on young Dedicated civil servants such as Mr. Mr. THUNE. Mr. President, this week people working in agriculture wouldn’t Lawrence are the lifeblood of the fed- the Gallup poll came out with a survey undermine the very fabric, the very na- eral government. I admire their patri- that said 85 percent of small businesses ture, the very foundation of American otism which drives them in their daily in this country are not hiring. They agriculture. work. Too often, their service to the just are not hiring. When asked why, 50 Farming and ranching is inherently a success of the United States does not percent of those small businesses re- family enterprise. Young people have receive the proper recognition it de- sponded that it was the health care law contributed for generations in helping serves. and complying with Federal regula- that family farm or ranch operation This has been recently exemplified in tions that were preventing them from survive and prosper. They contribute. the systemic problems associated with hiring. Well, there probably isn’t any They grow up in that business, and in processing necessary paperwork prior better example of the overreach, over- many cases they take it over. It is to the disbursement of retirement ben- kill, and excess when it comes to regu- amazing to me, and incomprehensible, efits to all federal employees. Earlier lations than the Department of Labor to think that bureaucrats in Wash- this month, the Senate Homeland Se- regulation on child labor in agri- ington, DC, could tell family farmers curity and Government Affairs Com- culture. It was put out and public com- and ranchers how to run their oper- mittee investigated problems within ments were invited on the proposal last ations with the kind of detail and the the Office of Personnel Management September. incredible prescription of these regula- surrounding the processing of retire- Since that time, numerous Senators tions and the very activities they ment and survivor benefits. Too many and outside interest groups have re- would curtail for young people. of our recently retired federal employ- quested a 60-day extension due to the I wanted to engage my colleague ees—the current estimate is more than timing of the harvest season, but the from Kansas on this subject. As I said, 62,000 people—are waiting for more Department of Labor only extended he was the author of the letter that than year to receive earned retirement that comment period for 30 days. Then was sent, along with many of us—30 benefits. 30 Senators—led by the Senator from Senators in all—asking the Depart- We are not holding up our end of the Kansas who authored the letter—sent a ment of Labor to withdraw, in raising bargain with people who commit to letter that many of us signed onto, ba- a number of points about various as- public service to their country. To sically asking the Secretary of Labor, pects of these regulations. And, as I make matters worse, this is not the Hilda Solis, to withdraw those pro- said, we will touch on those in a first time the Congress and OPM recog- posed regulations that limit the ability minute. nized the current processing system is of farmers and ranchers to hire young I would ask my colleague from Kan- broken. I am committed to helping re- people to work in agriculture. In Feb- sas if he thinks that 85 pages of regula- solve the issue with the current OPM ruary of this year, the Department of tions, which is what this proposal is— system. But, frankly, the current OPM Labor announced plans to repropose a do we need 85 pages of regulations that system, which doesn’t have very good portion of the regulation on child labor tell family farm and ranch operations technology—when they have invested in agriculture interpreting the ‘‘paren- and young people who work on those in technology resources, they have ac- tal exception.’’ But what is interesting family farm and ranch operations how tually come up with goose eggs—is now about it is there have been multiple ef- to go about their business? Is it nec- currently processing these retirement forts made to try to get a response to essary? Do we have to get this bureau- requests with old-fashioned paper and the letter, and the Department of cratic and impose these kinds of regu- pencil. It makes no sense. Labor didn’t respond to a letter from 30 lations, these kinds of costs and these As a matter of fact, there are a num- Senators. kinds of burdens upon American agri- ber of agencies—the Department of It strikes me that with all of the culture at a time when—as I mentioned State and others—as they send over issues that were raised in that letter before—there are so many other costs the retirement information on an em- and the impact this would have on the associated with doing business in this ployee to OPM, over 50 percent of the very heartland of our country and the country imposed by the government? information they send over in terms of ability of farmers and ranchers and The ObamaCare, the health care law, the case is not complete. So not only is their families to sustain themselves and as I mentioned earlier, the Gallup this a problem at OPM, but this is a and to contribute to feeding the world, poll was mentioned by half of the small problem in terms of OPM being able to it seems they would at least have the businesses who said it is one of the rea- enforce the other 88 Federal agencies courtesy of responding to the points sons why they are not hiring. All of actually doing their job. that were raised in that letter. But we these other regulations, many of which I believe we need to tackle and fix have not yet received a response to come from the EPA, but certainly the this problem to ensure that retired that letter sent by the Senator from Department of Labor in this particular Federal employees, such as Mr. Law- Kansas, Senator MORAN, and 29 other case is guilty of making it more dif- rence, who have faithfully served this Senators who signed onto that request- ficult and more expensive to do busi- great Nation, are able to enter retire- ing a response to the various issues ness in this country and certainly in- ment and receive that for which they that were raised. We will get into those hibiting the very nature and, from an worked so hard. in a minute. It strikes me as certainly operation standpoint, the very way I hope my colleagues will join me in odd, and perhaps I would have to say that a family farm or ranch operation honoring Mr. Lawrence for the excel- demonstrating an arrogance, a power conducts itself. lent work he has done, and I hope they to not respond to 30 Senators who, on I ask my colleague from Kansas his will join me in making sure that when behalf of their constituents, raised thoughts on this and whether he thinks

VerDate Mar 15 2010 01:58 Mar 08, 2012 Jkt 099060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S17FE2.REC S17FE2 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S896 CONGRESSIONAL RECORD — SENATE February 17, 2012 it is necessary to have 85 pages of regu- repropose a portion of the rule and that bandry that inflicts pain upon the ani- lations having to regulate how family they are hoping Americans, farmers mal. Those are things that are pretty farm and ranch operations do their and ranchers, Members of Congress important, such as branding and breed- business. look the other way, that they are doing ing and dehorning and vaccinating. The PRESIDING OFFICER. The Sen- something significant to change the Certainly young people across Kansas ator from Kansas. onerous nature of the rules that are and South Dakota have the oppor- Mr. MORAN. Mr. President, I share proposed. While they have agreed to re- tunity to do those things today and the genuine concern expressed by the propose a portion of the rule related to take them away, and it diminishes the Senator from South Dakota. Farmers the definition of family farms, there opportunities that are important to have so many things to concern them- remain are two significant components them in earning a living and saving selves with in the ability to earn a liv- important to the way we live our money for their future, but also takes ing. The weather is not always their lives—that we pass on to the next gen- away those other invaluable character- friend. Is this the right crop to grow? eration those inherent characteristics istics of working side by side with What are market conditions going to that we desire so much and that we farmers who know the real meaning of be? How do we predict? How do we have will lose the opportunity to entice a life, with moms and dads, grand- risk management? And always con- young person to decide agriculture is parents, and neighbors. cerned about what the Federal Govern- their means of earning a living as they I very much appreciate the Senator ment, through its regulatory agencies grow older. from South Dakota and the sentiments and departments, is going to do, to cre- You have to have experience as a he expressed. ate one more impediment toward the child to learn what opportunities are Just another example to show the success of farms and ranches across our available for you. Students who be- overreach of these regulations, one of Nation, to always be worried about the come teachers have been enthused the proposals by the Department of issues related to the Environmental about becoming a teacher because of an Labor has sought comments on wheth- Protection Agency. And now comes the experience in a classroom. Well, it er we should limit the exposure of di- Department of Labor with a proposed works the same way on a farm in Kan- rect sunlight if the temperature set of rules that will fundamentally sas or South Dakota or in Arkansas. It reaches a certain limit once you factor alter the nature of farming and ranch- is the experience that child has, that in wind velocity and humidity. How is ing. young person has in working with their a farmer going to make a decision The Senator from South Dakota said families, with neighboring farmers that under those circumstances—whether or it well when he said that inherently ag- causes them to think: When I grow up, not this young person could work on riculture, farming and ranching, is a I want to work on this family farm. I the farm based upon daylight, humid- family operation, and that is certainly want to earn my living in agriculture. ity, temperature? We are going to have the way it is across the State of Kansas While a portion of the rule is being to hire a meteorologist to make a de- and across the rural portions of Amer- reproposed, don’t take your eye off the termination whether that day it is OK ica today. I have always been an advo- consequences of the remainder of the for a 15-year-old to be working on the cate for the success of farmers and rule, even if we get a good definition of farm. ranchers during my time as a Member a family farm in the reproposed rule. I have invited the Secretary of Labor of the House of Representatives and What remains is replacing the things to come to Kansas to experience farm now in the Senate. Certainly part of that have a time-honored tradition and life. That invitation was not accepted. that is the economic viability of that is success in rural communities, in agri- I don’t begrudge the Secretary of that. agriculture determines the ability for culture, in educating our kids—FFA, 4 It is not expected necessarily that the communities across my State to sur- H, county extension; those things are Secretary of Labor would come to my vive and to prosper and to bring an- being replaced and the Department of State and visit with farmers, although other generation of young people back Labor is going to become the decider of we would love to tell her the story. to rural communities, back to the whether a young person has the capa- We had asked for an opportunity to rural part of America. But there is also bilities to work on a family farm. have a conversation with the Secretary something very special about agri- The Department says that those of Labor here in Washington, DC. I was culture. It is the way that historically things, FFA, 4 H, and county exten- happy to go to her office. That also was in our Nation, in the history of our sion, are too local and that we have to denied. country, we have been able to transmit have a nationally driven policy from As the Senator from South Dakota our character, our values, our integrity the Department of Labor to decide how indicates, a letter from 30 Members of from one generation to the next. It is we educate and train and make certain the Senate, both Republicans and one of the few professions left in which we have safety for young people work- Democrats—it wasn’t a partisan issue. sons and daughters work side by side ing on farms. Senator NELSON of Nebraska was my with moms and dads, with grand- The other part of the proposed rule colleague in asking the Department to parents, and have that opportunity on that remains, that is not involved in extend the comment period so that an ongoing daily basis to work, to any new modification and is working farmers, during fall harvest, would learn something about what is impor- its way through the process—and we have a greater opportunity to comment tant in life, about personal responsi- expect the Department of Labor to an- on this rule. It was a bipartisan letter bility, and that you cannot plan your nounce in a few months their final asking for certain information. We day based upon your own preferences; rule—is the definition of farming prac- learned again this week that the De- there are cattle to be fed; there are tices that even if the Department of partment of Labor says that letter crops to be harvested; that there is Labor determines that this young per- from 30 Senators—I don’t mean this in something more important in life than son has the right safety credentials to an arrogant way, but we represent con- just what you want to do. work on the farm, these things are still stituents who have serious concerns Again, this is the way we live our prohibited—things such as working 6 with a regulation that we believe will lives. In the process of living this kind feet off the ground. Six feet off the fundamentally alter the way we live of life, we pass on things that are so ground is where you are when you are our lives in agriculture—the answer important to the character of the indi- on a tractor or when you are on a com- was, we are going to treat that just vidual, and over the history of our Na- bine. So what the Department of Labor like any other letter, which means we tion, the character of who we are as is doing is taking away a whole seg- are going to send a form letter really Americans has been molded by the fact ment of the things that are important telling, I would guess, not much of any- that agriculture, farmers and ranchers, to young people on the farm. You can- thing and certainly not answering our have played such an important compo- not work with a wheelbarrow and a questions. nent in the way Americans have lived shovel to clean out a stall, you cannot We have asked folks across the coun- their lives. herd cattle. try to take a look at the Web site The Department of Labor announced In fact, the proposed regulation says keepfamiliesfarming.com, and we are a few days ago that they are going to you cannot do anything in animal hus- soliciting comments from folks across

VerDate Mar 15 2010 01:58 Mar 08, 2012 Jkt 099060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S17FE2.REC S17FE2 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 17, 2012 CONGRESSIONAL RECORD — SENATE S897 the country so we can try to submit how to go about their business in a way probably about 1,500, 1,600 in popu- these to the Department of Labor and that will make it not only more dif- lation. Her point was this: I didn’t grow make the case known. We would ask ficult for them to make a living but up on a farm, but I love agriculture, the American people, particularly also I think more difficult for young and I need a job. There is only a con- those who understand the importance people to learn the skills and get the venience store and a bank and a grain of this issue, to rise and express their experience they will need when hope- elevator in my town. In the absence of concern and tell the Secretary of fully that time comes around that they my ability to work on a farm in the Labor, tell the Department of Labor can take over that operation of farm- neighborhood, my ability to have a job the tremendous consequences of a regu- ing, ranching in Kansas, as it is in as a teenager is greatly diminished. I lation that changes something that is South Dakota. It is very much an think I might be interested in being a so important to the character of rural intergenerational occupation. And it is farmer or a rancher someday. America and the character of our coun- more than just an occupation, more I think it is the dream of every farm- try nationwide. than just a vocation. It is a way of life. er, every farm family to be able to say: I appreciate the opportunity to have It is something where values are trans- We are going to pass this farm on to a conversation with the Senator from mitted from one generation to an- the next generation—to our own kids South Dakota and would be glad to other—the values of hard work, per- or to young people. yield to him. sonal responsibility, integrity, hon- Farming is this way of life that farm- Mr. THUNE. Mr. President, if the esty. There are so many character ers and ranchers are so proud of and be- Senator will yield on that point, what qualities that we value and that young lieve they serve—and they do—they the Senator has touched upon I think people learn on family farms and serve such a noble profession in feeding is something that perhaps people who ranches. So notwithstanding the eco- and clothing and providing energy to a don’t come from farm country don’t nomic impact on family farms and hungry and cold and difficult world. appreciate as much as we do, and that ranches, there is certainly a cultural Agriculture certainly is about econom- is just the very nature of farming. and social impact on our family farms ics, but there is an understanding of Farming is, as we said, very much a and ranches, and the middle of this what farmers and ranchers do that is family operation. What we are talking country is tremendously impacted by important to the world, and we need to about right now with these regulations this regulation. make certain there is another genera- is, at a time when we have young peo- I hope the Senator from Kansas will tion, another set of young people who ple who want and need the opportunity continue to keep the heat on and con- can step into the shoes of an aging pop- to learn responsibility, who need to tinue to keep the pressure on in trying ulation of farmers and ranchers across learn the value of hard work as well as, to get a response not only to the letter the country. for that matter, earn a little extra that he offered and that many of us Again, these proposed rules need to spending money, this regulation would signed but also to, if possible, get the be totally withdrawn, and we ought not restrict their ability to do all three. It Secretary of Labor to come to a State accept the ruse of a portion of them would be really bad for family farming such as Kansas or, for that matter, being proposed. and ranching in the State of South Da- South Dakota and actually see a fam- Mr. THUNE. Mr. President, if the kota. I know that. ily farm operation and how it functions Senator from Kansas will yield quickly It is also a regulation that I would because I think they are operating in a in closing on one point, is the Senator say I don’t think has gotten as much bubble, in a vacuum out here where aware of any group that was consulted attention perhaps as some of the other there is very little understanding of on this? Were there any farm organiza- ones that are out there but one that the implications of these types of deci- tions that were brought into this or would have profound consequences on sions. This is really an example of big had any input into this? As the Senator production agriculture. government run amok. If we want an mentioned, was this solicited by any- The Senator mentioned a couple of example of big government that has one? Was there any rationale based examples of operating farm equipment. completely lost touch with reality, this upon data collected about safety or If a person is on a tractor, that person is certainly an example of that. that sort of thing that necessitated probably, in most cases, would be high- I encourage the Senator from Kansas, that they use such a heavyhanded, big- er than 6 feet, and this regulation and I will support his effort 100 per- government approach to addressing would prevent them from doing things cent, to keep the pressure on and try- what they perceived to be a problem? at elevations higher than 6 feet. We ing to get them to recognize the im- could also argue some other things pact of what they are doing and the im- Mr. MORAN. Everything I know that would fall into that category. How pact it would have on rural agriculture about this topic suggests that it is oth- about working on a haystack? A farm- and all over the world. erwise. In fact, the farm organizations er is going to be more than 6 feet above Mr. MORAN. I appreciate those senti- and commodity groups of the wide the ground. ments. I would say that these proposed array of those who advocate across the Some of the restrictions with regard rules did not come about as a result of country on behalf of agricultural pro- to working with animals that are more Congress passing a piece of legislation ducers are aligned with us in opposi- than 6 months old—as the Senator or of there being congressional hear- tion to these rules. So it can’t be that mentioned, being able to herd cattle on ings finding a series of problems in re- they were involved in the process of de- the back of a horse—these are all gard to safety with young people on veloping the rules because they—at things under these regulations that farms. In fact, the Department of least every organization I know that is would be restricted or prevented for Labor admits they have no real aca- involved as a commodity group or a many of these young people. demic, scientific studies that were farm organization is adamantly op- It seems pretty amazing that we compelling them to reach this conclu- posed to what the Department is sug- would have a Washington bureaucracy sion. In fact, there are studies out gesting. dictating with this kind of specificity, there that show that young people are Mr. THUNE. I don’t know what the with this kind of minutiae, how farm safer today on farms. Senator’s average age of a farmer in and ranch operations would be con- This is a matter that is so important Kansas is, but my understanding is, at ducted. I would argue that the very or- to so many people. Yes, we are prob- least nationally, the average age of a ganizations the Senator from Kansas ably a significant minority, but we farmer in this country is nearing 60 mentioned—4 H, FFA, extension serv- need the help of our colleagues from years old, which means one thing: ice—know full well and the families urban and suburban America to help us somebody is going to have to fill those who operate farms know full well what hold back this intrusion that will fun- shoes. Somebody is going to have to the risks are. They understand. They damentally alter American agri- come along and take over that farm or want to protect their families. culture, farming and ranching, and a ranch operation. This is going to make Instead, we have a Washington bu- rural way of life. it increasingly difficult to prepare that reaucracy that thinks it knows best I have a letter from a young girl in next generation of farmers and ranch- telling family farmers and ranchers Stockton, KS. Stockton is a town of ers.

VerDate Mar 15 2010 01:58 Mar 08, 2012 Jkt 099060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S17FE2.REC S17FE2 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S898 CONGRESSIONAL RECORD — SENATE February 17, 2012 Again, it occurs to me that this is he does violence to this body’s con- et, not so great if one lives on Earth in just something that ought to be with- stitutional prerogatives. The threshold a country that has accumulated an un- drawn. I hope the Senator in his efforts for confirming President Obama’s precedented debt exceeding $15 tril- and those of us who are supporting that nominees must change accordingly. lion—$153,000 for an indoor water park; effort will succeed. This is a perfect ex- Simply put, there is a new standard for and $712,000 to develop a ‘‘machine-gen- ample of a big-government solution to confirmations as a result of the Presi- erated humor’’ system—in other words, a problem that doesn’t exist. dent’s own actions. I find this unfortu- a joke machine. With that, Mr. President, I yield the nate but ultimately necessary. This big joke is on the American tax- floor, and I suggest the absence of a Both today and in the coming days, I payer. Unfortunately, it is no laughing quorum. will join with other Senators to act as matter. The PRESIDING OFFICER (Mr. a check and a balance on the Presi- In the last 3 years, we have added REED). The clerk will call the roll. dent’s unconstitutional conduct by more than $4 trillion to the national The legislative clerk proceeded to voting against some nominees. I expect debt, we have recorded the three larg- call the roll. that many of my Republican col- est annual deficits in our Nation’s his- Mr. LEE. Mr. President, I ask unani- leagues, and in time some of our Demo- tory, and we are on pace for a fourth mous consent that the order for the cratic counterparts, will rise in defense straight deficit exceeding $1 trillion. quorum call be rescinded. of the Constitution and vote against This week, the President submitted a The PRESIDING OFFICER. Without President Obama’s nominees until such budget that calls for adding $11 trillion objection, it is so ordered. time as he takes actions to restore the in new debt over the next decade. His f Senate’s full constitutional right to ad- own Treasury Secretary calls the level RECESS APPOINTMENTS vise and consent to his nominations. of spending unsustainable, and it is. Mr. LEE. Mr. President, on January f Despite the overwhelming evidence that his stimulus package has failed, 4, 2012, President Obama bypassed the THE STIMULUS PACKAGE Senate’s constitutional right to advise the President has called for additional and consent to nominees and, instead, Mr. LEE. Mr. President, I now choose increases in spending. unilaterally made appointments to the to turn to another topic—a topic that I know the President is a good man. Consumer Financial Protection Bureau is important to many Americans, a I also know he faced a difficult econ- and to the National Labor Relations topic that relates to an important an- omy when he took office. But the Board. He purported to do so under the niversary we are recognizing. President is unwilling to tell the truth Constitution’s recess appointments Today, we are highlighting the third to the American people about what lies clause, even though at the time of the anniversary of President Obama’s ahead, about some of the challenges we appointments the Senate was holding failed stimulus package. face. I think he needs to do so, and he pro forma sessions roughly every 72 The President promised 3 years ago needs to acknowledge the fact that this hours. that the stimulus would create what he stimulus package has failed so we can If allowed to stand, President characterized as millions of jobs. But avoid making similar mistakes in the Obama’s unprecedented and unconsti- today, unfortunately, devastatingly, future. tutional recess appointments could re- there are nearly 13 million people in Today we cannot celebrate the anni- sult in Presidents of both parties rou- America who are still unemployed and versary of the President’s stimulus. tinely circumventing the Senate’s ad- many millions more have even given Rather, we must lament a tremendous vice-and-consent function and thus de- up on looking for jobs. lost opportunity by this administra- priving the people and the people’s rep- Three years ago, the White House tion to put this country back on the resentatives of an essential check on said that because of the stimulus pack- right track over these last 3 years. the executive branch. age, unemployment would not exceed 8 For the sake of future generations, I President Obama’s actions also vio- percent. That has not happened. In hope it is not too late to change late the Constitution’s fundamental fact, the unemployment rate has course. system of separation of powers. He has topped 8 percent for 36 straight months I suggest the absence of a quorum. asserted the unilateral power to over- now—the longest stretch of high unem- The PRESIDING OFFICER. The ride Congress’s own determination of ployment since the Great Depression. clerk will please call the roll. when it is in session and when it is in The Congressional Budget Office pre- The legislative clerk proceeded to recess. At an absolute minimum, the dicts it is going to go even longer. We call the roll. Senate’s institutional prerogatives de- will not see sub-8 percent unemploy- Mr. HATCH. Mr. President, I ask mand that we be allowed to make our ment, according to the CBO, until 2014. unanimous consent that the order for own rules. Yet President Obama’s ac- The President sold his stimulus pack- the quorum call be rescinded. tions would deprive our body of even age to the American people by claim- The PRESIDING OFFICER. Without that basic right. ing he would make immediate invest- objection, it is so ordered. In the past, I have given pretty broad ments in what he characterized as Mr. HATCH. Mr. President, I ask deference to the President’s judicial ‘‘shovel-ready’’ jobs. But last June, the unanimous consent that I be permitted nominees. Both in the Judiciary Com- President acknowledged that ‘‘shovel- to finish my speech regardless of the mittee and on the floor of the Senate, ready was not as shovel-ready as we ex- time. I have voted in favor of the vast major- pected.’’ Nevertheless, a lot of money The PRESIDING OFFICER. Without ity of President Obama’s nominees, in- has been spent, as we have been wait- objection, it is so ordered. cluding many with whom I have funda- ing for these jobs to materialize—jobs f mental disagreements on various that never quite came about. RELIGIOUS LIBERTY points. In fact, some of it was spent in ways But I can do so no more. The Found- that have nothing to do with stimu- Mr. HATCH. Mr. President, earlier ers expected that each branch of the lating the economy. For example, con- today, we were treated to some very Federal Government would exercise sider some of the ways in which this partisan remarks from one of my col- the necessary constitutional means to stimulus money has been spent. Mr. leagues on the preventive services resist any encroachments by the other President, $760,000 was spent on inter- mandate. That is the legal term. Here branches. Among those constitutional active dance software; $1.2 million was is what the mandate is in practice. means is the Senate’s advice-and-con- spent on a train museum; $2 million It is a mandate that will require reli- sent function, which I exercised today was spent to study ant behavior; gious individuals and institutions to by voting against a nominee who oth- $762,000 was spent to study improvised purchase abortion-inducing drugs for erwise might have received my sup- music—I am not sure what that is, but their employees. It will require that port. Thirty-three other Senators did I am sure it is lovely, not necessarily they purchase insurance coverage that exactly the same. deserving of scarce Federal resources— provides for sterilizations and the The President cannot expect the Sen- $300,000 to track weather on other plan- morning-after pill. In doing so, it will ate’s full cooperation at the same time ets—great if one lives on another plan- require that they violate their most

VerDate Mar 15 2010 01:58 Mar 08, 2012 Jkt 099060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S17FE2.REC S17FE2 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 17, 2012 CONGRESSIONAL RECORD — SENATE S899 deeply held religious beliefs, in stark looked at with contempt. This morn- The story is that Secretary Sebelius contrast to the first amendment’s ing, one of my colleagues referred to a admitted that she never requested any guarantee of religious liberty. panel testifying about this assault on first amendment analysis of this rule You would not know that from hear- religious liberty as full of ‘‘dudes.’’ from the Department of Justice. The ing some on the other side talk. You Her suggestion was that the all-male administration has clearly decided this would think that opposition to this composition of this panel somehow is a political loser for them, so they are mandate was grounded in bigotry and a serves as proof that the objection to trying to change the subject. They lack of concern for our fellow citizens. this abortion mandate is due to hos- send out their surrogates with talking This is a serious charge—one deserv- tility to women. Give me a break. Let points designed to scare the public into ing of a response. My colleague from me tell you who these so called thinking this fight is about contracep- California suggested earlier today that ‘‘dudes’’ were: the Roman Catholic tion. It is not, and the American people the reason Republicans are opposed to Bishop of Bridgeport, CT; the president will not be fooled. They will not be this mandate—and the reason tens of of the Lutheran Church, Missouri tricked into thinking that those who millions of Americans are opposed to Synod; the Graves Professor of Moral oppose this mandate are antiwoman. this mandate—is because they are Philosophy at Union University; the di- Do those who are promoting this spin antiwoman. rector of the Straus Center for Torah think we do not have mothers, wives, With due respect, one would be hard and Western Thought at Yeshiva Uni- and daughters? Do they think the pressed to concoct a more insidious and versity, and the chair of the Ethics De- women in the Senate and the House misleading explanation of the opposi- partment at Southwestern Baptist representing millions of more women tion to this mandate. Theological Seminary. are antiwomen? This is beyond absurd, People are opposed to this mandate These men, whom my colleague re- and the American people will not be for one simple reason—because they fers to as ‘‘dudes,’’ came to Congress to duped. are in favor of religious liberty. They testify about the grave impact this They know this rule exists because are opposed to it because it is an af- Obamacare rule poses to religious free- the administration is beholden to the front to our constitutional govern- dom. My colleague from California pro-abortion lobby. And I can tell you, ment, to the first right listed in our does not mention these other names there is one group that the modern first amendment—the right to free ex- because they are inconvenient. She Democratic Party will never cross, ercise of religion. does not mention Margaret Brining, never. They will never cross the abor- We would not know that from my Mary Keys, and Nicole Garnett of the tion lobby. So it is no surprise that the colleague’s remarks. She did not even University of Notre Dame. She does Nation’s largest abortion provider, mention the Constitution—not once. not mention Harvard’s Mary Ann Planned Parenthood, came out in sup- As Members of the Senate, we take Glendon or the University of Chicago’s port of the so-called compromise. an oath to support and defend the Con- Jean Bethke Elshtain or Maria Garlock The Catholic Church and millions of stitution. But to hear members of the of Princeton University. Americans, however, responded that administration and some Members of She does not mention Helen Alvare of this is unacceptable. I agree with their Congress talk, it is clear to me that George Mason University or Maria assessment. The so-called compromise providing abortion-inducing drugs, Aguirre of the Catholic University of is nothing of the sort. But as bad as sterilizations, and the morning-after America. She does not mention the this mandate is, keep in mind it is only pill to women is more important than Mother Superior of the Sisters for Life. the beginning. It is only the first step the first amendment we are sworn to All of these women signed a letter, in a fresh assault on the constitutional the Nation and our constituents to de- along with hundreds of other scholars liberties of the American people. Be- fend. and clergy, stating the obvious truth— lieve me, the tragedy of Obamacare is I do not shock easily, but the cava- that the President’s so-called com- only beginning. lier attitude of the President, his ad- promise is unacceptable. The other day, former Speaker ministration, and many in Congress to Are they all antiwomen too? PELOSI suggested that even the Roman this frontal assault on religious liberty These thoughtful citizens, scholars, Catholic Church itself should have to is truly shocking. and religious people deserve our atten- provide abortion-inducing drugs to There was a time when both parties, tion not our ridicule. Here is the bot- their employees. Catholic bishops liberals and conservatives, could come tom line: Obamacare is an unconstitu- would be forced, in her regime, to sub- together on the matter of religious lib- tional abomination. It is unconstitu- sidize practices that the Church finds erty—but not any longer, apparently. tional to its core. The individual man- morally abhorrent. That is where this I think it is because for many lib- date is obviously unconstitutional, and is going. The administration might feel erals, religion and the right to practice the Supreme Court will rule on that cowed into providing a weak exception it freely are not the foundation of our soon enough. to their rule for religious institutions Nation’s liberties; rather, they are But what this episode shows is that right now, but in the long run we know viewed as a threat to our Nation’s lib- Obamacare is unconstitutional in its where they want to go. And the result- erties. They do not understand reli- very DNA. It transfers power over one- ing loss of liberty would be bad for men gious people. I guess we should have sixth of the American economy to the and women alike. seen this coming when the President Federal Government, and the govern- Our Constitution protects all of us. ran for the White House in 2008, and he ment has proven with this episode that By undermining religious liberty, this referred pejoratively to these Amer- individual liberty is threatened by that administration goes down a very dan- ican who cling to their Bibles. transfer of power. gerous path. In so doing, the officers But the fact is, it was people who If the administration cannot be re- responsible for this decision, if they clung to their Bibles who were at the lied on to protect even religious lib- knew of the serious constitutional forefront of some of our Nation’s great- erty, the right of persons and churches issues and still went ahead with this est civil rights struggles and have been and synagogues to practice their faith action for political reasons, violated most committed to advancing the without interference from the State, their oath to uphold the Constitution. cause of personal liberty. They are at then nobody is safe. If they are willing The Congress and the American peo- the forefront today serving as a solemn to trammel on the first amendment, ple are going to hold them accountable. witness of the importance of religious they are willing to trammel on any- The President and his reelection cam- liberty, threatening civil disobedience thing. That is the story. paign would prefer that this just go against the President’s unconstitu- The story is that earlier this week, away. Hence, the admonition from the tional abortion mandate that would Secretary Sebelius acknowledged to mainstream media that we stop talk- force them to violate their most cher- me and to the Finance Committee that ing about this issue. ished moral beliefs. she never consulted the Roman Catho- Well, I, for one, am not going to stop Instead of treating these powerful lic bishops before announcing the po- talking about it, and I am not going witnesses to our founding ideals with litically driven compromise that they away. I am just getting warmed up. We the respect they deserve, they are would be forced to comply with. have seen major countries slip down

VerDate Mar 15 2010 01:58 Mar 08, 2012 Jkt 099060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S17FE2.REC S17FE2 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S900 CONGRESSIONAL RECORD — SENATE February 17, 2012 the road toward totalitarianism be- voice vote. That means unanimously. cess-appointed 160 different people. So cause they did not stand up for reli- Her confirmation is urgently needed it is not as if there isn’t some way to gious liberty. This is not a question because the Commerce Department respond to this. about contraception. This is a question hasn’t had a confirmed deputy since We are going to have a week here about religious liberty and where we July of 2010 because of the obstruc- that we will be in recess. And I repeat, are going to stand. tionism of the Republicans here in the if we don’t have some significant ac- The fact is, once we start down the Senate. tion during the next work period, I am road of denying the individual rights of Maurice Jones has been nominated to going to ask the President to appoint personal conscience and religious free- be Deputy Secretary at Housing and them all. I can ask, if I want to. He dom, and begin to tell churches and Urban Affairs. He worked for then-Gov- doesn’t have to respond affirmatively. synagogues what they must believe, we ernor MARK WARNER and at the Treas- We will do the judges. We will have the are on the way to losing the freedoms ury Department in the Clinton admin- fight on the judges ourselves because all of us hold dear. istration. His nomination was voted they are recommendations we make to Religious freedom is the first free- out of the Banking Committee last De- the President. But these are the Presi- dom mentioned in the Bill of Rights. cember by voice vote. dent’s nominations and he should have This is important stuff. I am not Wendy Spencer, President’s nominee the right to have these people working Catholic. But I would fight to my death to lead the Corporation for National in his administration. for the Catholic people to be able to and Community Service, has bipartisan Mr. President, I am going to ask live their faith. My own faith feels the support from a number of Republican unanimous consent on a large number same way about many of these issues. Senators, including MARCO RUBIO. of nominations. I have been told that No church or person should be forced to There are also Corporation for Na- on every one of these, the Republicans make abortion-inducing drugs acces- tional and Community Servicemem- will object. I was asked whether it was sible, as the President’s mandate will bers on the calendar that have been necessary that I have a Republican require them to do. waiting for a vote since July of last come here and do it in person. That is I do not think any compromise has year. We also have law enforcement po- not necessary. I take the word of my been suggested so far that would meet sitions awaiting confirmation, includ- friend, the Republican leader, that that the high bar set by our Constitution. ing Deputy Attorney General for Tax in fact is the case. So on every one of There is only one option for the Presi- at the Department of Justice and the these I am going to object on behalf of dent on this issue. He needs to rescind agency’s inspector general. Other im- the Republicans. How do you like that? this unlawful regulation. There is no portant officials at the State Depart- Mr. President, I ask unanimous con- middle ground. When it comes to the ment, Treasury Department, and sent that the Senate proceed to execu- first amendment right to religious lib- Homeland Security are ready for the tive session to consider the following erty, there can be no compromise. Senate to act on their nominations. nominations: Calendar Nos. 86, 258, 259, I suggest the absence of a quorum. Regrettably, Senate Republicans con- 261, 262, 263, 264, 338, 339, 340, 344, 345, The PRESIDING OFFICER. The tinue to either block, stall, or obstruct 346, 403, 422, 450, 456, 493, 494, 495, 496, clerk will call the roll. these and other well-qualified nomi- 499, 500, 501, 502, 504, 505, 506, 507, 511, The legislative clerk proceeded to nees. Since this past fall, a Republican 512, 513, 514, 515, 516, 517, 518, 519, 520, call the roll. Senator has blocked two nominations 521, 522, 523, 524, 525, 526, 527, 541, 542, Mr. REID. Mr. President, I ask unan- at the Federal Communications Com- 543, 544, 546, 547, 548, 549, 550, 551, 553, imous consent that the order for the mission, and today they will block 554, 555, 556, 557, 558, 559, 560, 561, 562, quorum call be rescinded. nominees to the Federal Trade Com- 563, 564, 565, 566, 567, 571 and 572. The PRESIDING OFFICER. Without mission. I am told those nominations that are objection, it is so ordered. This week, Senator BINGAMAN asked before the Senate now dealing with the f consent to confirm the various Depart- Air Force, Army, Foreign Service, the ment of Energy nominees and the Re- EXECUTIVE CALENDAR Marine Corps, and the Navy will be publicans objected. This obstruction is UNANIMOUS CONSENT REQUESTS agreed to. I hope that in fact is the not about the nominees themselves. case. It is not part of this request. Mr. REID. Mr. President, we have They are qualified and noncontrover- On the numbers I have read off, I ask about 90 nominations on the Executive sial. Many came out of committee, as I unanimous consent that the nomina- Calendar. That is a lot of names—peo- have indicated, by a voice vote or tions be confirmed en bloc, the motions ple who have set their lives aside, after unanimously. to reconsider be considered made and having been asked by the President of Senate Republicans are blocking laid upon the table, with no inter- the United States to do good things for nominees for political reasons—and vening action or debate; that no fur- our country. The vast majority are not very weak political reasons. Not every- ther motions be in order to any of the controversial. There is nothing so thing we do here in the Senate should nominations; that any related state- about their character, their education, be a fight. Virtually every one of these ments be printed in the RECORD, that their background. They have, with rare nominees could be approved today if President Obama be immediately noti- exception, been reported from the com- the Senate Republicans would cooper- fied of the Senate’s action, and the mittees unanimously. They are being ate. Senate then resume legislative session. held up out of spite. Nominations on As I indicated when I started this The PRESIDING OFFICER. Is there the Executive Calendar have been conversation, these people, with these objection? pending an average of 3 months waiting jobs, have put their lives aside to wait Mr. REID. On behalf of the Repub- for the Senate to act. But the Senate on their confirmation. I have made no licans, I object. can act on these, as we have done in secret of the fact that I think the The PRESIDING OFFICER. Objec- years past, just like that. President did the minimal with his re- tion is heard. Top Department Secretaries pending cess appointments—the minimal. I f before the Senate—two to be specific— think he has waited far too long. If are very important for their leadership something doesn’t break here, I am EXECUTIVE SESSION roles at our Federal agencies. For ex- going to recommend to the President ample, Rebecca Blank will fill the No. he recess-appoint all these people— 2 position at the Department of Com- every one of them. EXECUTIVE CALENDAR merce. She has a Ph.D. in economics That is not unique. The power of the Mr. REID. I ask unanimous consent from MIT, one of the finest educational recess appointment is in our Constitu- that we now proceed to executive ses- institutes in the world. She served as tion. Theodore Roosevelt, a Repub- sion to consider the following nomina- Acting Commerce Secretary when Sec- lican, felt he was being treated improp- tions: Calendar Nos. 573 to 606—those retary Locke left to become Ambas- erly by the Senate. He had 160 nomina- are the ones I referred to, the military sador to China. The Commerce Com- tions that were being held for political only—and all nominations placed on mittee approved her, of course, by reasons, and he did it in a minute—re- the Secretary’s desk in the Air Force,

VerDate Mar 15 2010 01:58 Mar 08, 2012 Jkt 099060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S17FE2.REC S17FE2 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 17, 2012 CONGRESSIONAL RECORD — SENATE S901 Army Foreign Service, Marine Corps, grade indicated under title 10, U.S.C., section grade indicated under title 10, U.S.C., section and Navy; that the nominations be 12203: 12203: confirmed en bloc, the motions to re- To be major general To be major general consider be considered made and laid Brigadier General Gary M. Batinich Brig. Gen. Leslie A. Purser upon the table, with no intervening ac- Brigadier General Richard S. Haddad The following named officer for appoint- tion or debate; that no further motions Brigadier General Robert M. Haire ment in the Reserve of the Army to the be in order to any of the nominations; Brigadier General Michael D. Kim grade indicated under title 10, U.S.C., section Brigadier General Mark A. Kyle 12203: that any related statements be printed Brigadier General Kevin E. Pottinger To be brigadier general in the Record; that President Obama be Brigadier General Robert D. Rego immediately notified of the Senate’s Brigadier General George F. Williams Col. Mary E. Link action, and the Senate then resume The following named officers for appoint- The following named officer for appoint- legislative session. ment in the Reserve of the Air Force to the ment in the United States Army to the grade The PRESIDING OFFICER. Is there grade indicated under title 10, U.S.C., section indicated under title 10, U.S.C., sections 156 objection? 12203: and 3064: Without objection, it is so ordered. To be brigadier general To be brigadier general, judge advocate general’s corps The nominations considered and con- Colonel Jeffrey K. Barnson firmed en bloc are as follows: Colonel Abel Barrientes Col. Richard C. Gross IN THE NAVY Colonel Kimberly A. Crider The following named officer for appoint- The following named officer for appoint- Colonel Theron G. Davis ment in the United States Army to the grade ment in the United States Navy to the grade Colonel Christopher L. Eddy indicated while assigned to a position of im- indicated while assigned to a position of im- Colonel Lyman L. Edwards portance and responsibility under title 10, portance and responsibility under title 10, Colonel John C. Flournoy, Jr. U.S.C., section 601: U.S.C., section 601: Colonel Kathryn J. Johnson To be lieutenant general Colonel Kenneth D. Lewis, Jr. To be admiral Lt. Gen. Curtis M. Scaparrotti Colonel Vincent M. Mancuso Adm. Samuel J. Locklear, III Colonel Udo K. McGregor The following Army National Guard of the IN THE AIR FORCE Colonel Eric S. Overturf United States officers for appointment in the Reserve of the Army to the grade indicated The following Air National Guard of the Colonel Karen A. Rizzuti under title 10, U.S.C., sections 12203 and United States officer for appointment in the Colonel Vincent M. Saroni 12211: Reserve of the Air Force to the grade indi- Colonel James P. Scanlan cated under title 10, U.S.C., sections 12203 The following named officer for appoint- To be brigadier general and 12212: ment in the United States Air Force to the Colonel Patricia M. Anslow To be brigadier general grade indicated while assigned to a position Colonel Jose R. Atencio, III of importance and responsibility under title Colonel William E. Bartheld Col. Michael A. Meyer 10, U.S.C., section 601: Colonel Jeffrey M. Breor The following named officer for appoint- To be lieutenant general Colonel Michael R. Bresnahan ment in the United States Air Force to the Colonel John A. Byrd Maj. Gen. Craig A. Franklin grade indicated while assigned to a position Colonel Sylvester Cannon of importance and responsibility under title The following named officer for appoint- Colonel William J. Coffin 10, U.S.C., section 601: ment in the United States Air Force to the Colonel Benjamin J. Corell To be lieutenant general grade indicated while assigned to a position Colonel Kurt S. Crytzer of importance and responsibility under title Lt. Gen. Michael J. Basla Colonel Ronald J. Czmowski 10, U.S.C., section 601: Colonel Rex E. Duncan The following named officer for appoint- To be lieutenant general ment in the United States Air Force to the Colonel Gerald L. Dunlap grade indicated while assigned to a position Lt. Gen. Stephen P. Mueller Colonel John M. Epperly of importance and responsibility under title The following Air National Guard of the Colonel James C. Ernst 10, U.S.C., section 601: United States officer for appointment in the Colonel John A. Goodale Colonel Timothy E. Gowen To be lieutenant general Reserve of the Air Force to the grade indi- cated under title 10, U.S.C., sections 12203 Colonel Paul C. Hastings Maj. Gen. John E. Hyten and 12212: Colonel Percy G. Hurtado, II The following named officer for appoint- To be brigadier general Colonel Jon A. Jensen ment in the United States Air Force to the Colonel Craig D. Johnson grade indicated under title 10, U.S.C., section Col. Robert T. Brooks, Jr. Colonel Maria E. Kelly 624: IN THE ARMY Colonel Eric D. Kerska To be brigadier general The following named officer for appoint- Colonel Kenneth A. Koon ment in the United States Army to the grade Col. Sean L. Murphy Colonel William J. Lieder indicated under title 10, U.S.C., section 624: Colonel Roy V. McCarty The following named officer for appoint- To be brigadier general Colonel Franklin C. McCauley, Jr. ment in the United States Air Force to the Col. Susan A. Davidson Colonel Darlene A. McCurdy grade indicated under title 10, U.S.C., section Colonel David J. Medeiros The following named officers for appoint- 624: Colonel Walter L. Mercer ment to the grade indicated in the United To be brigadier general Colonel Allen L. Meyer States Army under title 10, U.S.C., section Colonel Mark J. Michie Col. Charles E. Potter 624: Colonel Richard G. Miller The following named officer for appoint- To be brigadier general ment in the Reserve of the Air Force to the Colonel Robert A. Moore grade indicated under title 10, U.S.C., section Colonel Jon S. Lehr Colonel John R. Mosher 12203: Colonel Timothy P. McGuire Colonel David W. Osborn Colonel Burdett K. Thompson Colonel Phillip M. Owens To be brigadier general The following Army National Guard of the Colonel Gregory C. Porter Col. Harris J. Kline United States officer for appointment in the Colonel Von C. Presnell The following named officer for appoint- Reserve of the Army to the grade indicated Colonel Philip T. Pugliese ment in the Reserve of the Air Force to the under title 10, U.S.C., sections 12203 and Colonel Jessie R. Robinson grade indicated under title 10, U.S.C., section 12211: Colonel Paul F. Russell 12203: To be brigadier general Colonel Tracy L. Settle Colonel David P. Sheridan To be brigadier general Col. Wendul G. Hagler, II Col. Richard M. Erikson Colonel Hopper T. Smith The following named officer for appoint- Colonel Michael D. Turello The following named officer for appoint- ment in the United States Army to the grade Colonel Daniel Vazquez-Rosa ment in the Reserve of the Air Force to the indicated while assigned to a position of im- Colonel Timothy J. Wojtecki grade indicated under title 10, U.S.C., section portance and responsibility under title 10, Colonel Michael R. Zerbonia 12203: U.S.C., section 601: The following Army National Guard of the To be major general To be lieutenant general United States officers for appointment in the Brig. Gen. Robert G. Kenny Maj. Gen. Daniel B. Allyn Reserve of the Army to the grade indicated The following named officers for appoint- The following named officer for appoint- under title 10, U.S.C., sections 12203 and ment in the Reserve of the Air Force to the ment in the Reserve of the Army to the 12211:

VerDate Mar 15 2010 01:58 Mar 08, 2012 Jkt 099060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S17FE2.REC S17FE2 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S902 CONGRESSIONAL RECORD — SENATE February 17, 2012 To be major general indicated while assigned to a position of im- PN1259 AIR FORCE nominations (17) begin- Brigadier General Robbie L. Asher portance and responsibility under title 10, ning ANN E. ALEXANDER, and ending Brigadier General Glenn A. Bramhall U.S.C., section 601: DAVID L. WELLS, which nominations were Brigadier General Scott E. Chambers To be vice admiral received by the Senate and appeared in the Congressional Record of January 31, 2012. Brigadier General Alan S. Dohrmann Rear Adm. Philip H. Cullom PN1260 AIR FORCE nominations (18) begin- Brigadier General Steven W. Duff The following named officer for appoint- Brigadier General William L. Glasgow ning BRENDA K. AMES, and ending JO- ment in the United States Navy to the grade SEPH A. WENSZELL, which nominations Brigadier General Wilton S. Gorske indicated while assigned to a position of im- Brigadier General Lawrence A. Haskins were received by the Senate and appeared in portance and responsibility under title 10, the Congressional Record of January 31, 2012. Brigadier General Peter C. Hinz U.S.C., section 601: Brigadier General David F. Irwin PN1261 AIR FORCE nominations (25) begin- Brigadier General Theodore D. Johnson To be vice admiral ning JAVIER A. ABREU, and ending MARK Brigadier General Harry E. Miller, Jr. Rear Adm. Charles W. Martoglio A. WEISKIRCHER, which nominations were Brigadier General Renwick L. Payne The following named officer for appoint- received by the Senate and appeared in the Brigadier General Joseph M. Richie ment in the United States Navy to the grade Congressional Record of January 31, 2012. Brigadier General James M. Robinson indicated while assigned to a position of im- PN1262 AIR FORCE nominations (32) begin- Brigadier General Stephen G. Sanders portance and responsibility under title 10, ning CARL P. BHEND, and ending ALLYSON Brigadier General Michael C. Swezey U.S.C., section 601: M. YAMAKI, which nominations were re- ceived by the Senate and appeared in the Brigadier General Scott L. Thoele To be vice admiral Brigadier General James H. Trogdon III Congressional Record of January 31, 2012. Brigadier General Charles W. Whittington Vice Adm. William R. Burke PN1263 AIR FORCE nominations (62) begin- ning BROADUS Z. ATKINS, and ending The following Army National Guard of the NOMINATIONS PLACED ON THE SECRETARY’S DESK KENNETH C. Y. YU, which nominations United States officers for appointment in the were received by the Senate and appeared in IN THE AIR FORCE Reserve of the Army to the grade indicated the Congressional Record of January 31, 2012. under title 10, U.S.C., sections 12203 and PN1089 AIR FORCE nominations (73) begin- PN1264 AIR FORCE nominations (134) be- 12211: ning KIRK W. ALBERTSON, and ending ginning STEVEN J. ACEVEDO, and ending To be brigadier general MARSHA M. YASUDA, which nominations HEATHER L. YUN, which nominations were were received by the Senate and appeared in Colonel John C. Harris, Jr. received by the Senate and appeared in the the Congressional Record of November 1, Colonel Gregory D. Mason Congressional Record of January 31, 2012. 2011. Colonel Dana L. McDaniel PN1265 AIR FORCE nominations (197) be- PN1090 AIR FORCE nominations (27) begin- The following Army National Guard of the ginning CARA A. AGHAJANIAN, and ending ning DAVID M. BARNS, and ending ERIC L. MICHAEL A. ZACCARDO, which nomina- United States officer for appointment in the WHITMORE, which nominations were re- Reserve of the Army to the grade indicated tions were received by the Senate and ap- ceived by the Senate and appeared in the peared in the Congressional Record of Janu- under title 10, U.S.C., sections 12203 and Congressional Record of November 1, 2011. 12211: ary 31, 2012. PN1091 AIR FORCE nominations (113) be- PN1266 AIR FORCE nominations (279) be- To be major general ginning BARBARA B. ACEVEDO, and ending ginning MUDASIR A. ABRO, and ending Brig. Gen. Timothy A. Reisch CHRISTY LYNN ZAHN, which nominations SHAUNA C. ZORICH, which nominations were received by the Senate and appeared in The following Army National Guard of the were received by the Senate and appeared in the Congressional Record of November 1, United States officer for appointment in the the Congressional Record of January 31, 2012. 2011. Reserve of the Army to the grade indicated PN1314 AIR FORCE nomination of Oscar PN1094 AIR FORCE nominations (39) begin- under title 10, U.S.C., sections 12203 and Fonseca, which was received by the Senate ning CLINTON E. ABELL, and ending STE- 12211: and appeared in the Congressional Record of PHEN P. WOLF, which nominations were re- To be major general February 1, 2012. ceived by the Senate and appeared in the PN1315 AIR FORCE nominations (2) begin- Brig. Gen. Gregory A. Lusk Congressional Record of November 1, 2011. ning THOMAS G. DUFFETT, and ending PN1096 AIR FORCE nominations (4) begin- The following Army National Guard of the THOMAS S. GARRIDO, which nominations ning JOHN P. DITTER, and ending STEVEN United States officer for appointment in the were received by the Senate and appeared in E. WEST, which nominations were received Reserve of the Army to the grade indicated the Congressional Record of February 1, 2012. under title 10, U.S.C., sections 12203 and by the Senate and appeared in the Congres- PN1316 AIR FORCE nomination of Michael 12211: sional Record of November 1, 2011. W. Paulus, which was received by the Senate PN1252 AIR FORCE nominations (3) begin- and appeared in the Congressional Record of To be brigadier general ning ALLENA H. E. BURGE SMILEY, and February 1, 2012. Col. John DiNapoli ending JEROME M. TECLAW, which nomi- PN1317 AIR FORCE nomination of Ben- nations were received by the Senate and ap- IN THE MARINE CORPS jamin G. Hughes, which was received by the peared in the Congressional Record of Janu- The following named officers for appoint- Senate and appeared in the Congressional ary 31, 2012. ment in the United States Marine Corps to Record of February 1, 2012. PN1253 AIR FORCE nominations (4) begin- the grade indicated under title 10, U.S.C., PN1318 AIR FORCE nominations (4) begin- ning LEON S. BARRINGER, and ending section 624: ning MICHELLE S. FLORES, and ending PAUL E. SMITH, which nominations were MOLLY F. GEORGE, which nominations To be major general received by the Senate and appeared in the were received by the Senate and appeared in Brigadier General Steven W. Busby Congressional Record of January 31, 2012. the Congressional Record of February 1, 2012. Brigadier General Michael G. Dana PN1254 AIR FORCE nominations (4) begin- PN1319 AIR FORCE nominations (12) begin- Brigadier General William M. Faulkner ning MARK W. DUFF, and ending KEITH C. ning AMORY S. BALUCATING, and ending Brigadier General Walter L. Miller, Jr. TANG, which nominations were received by RAMOTHEA L. WEBSTER, which nomina- Brigadier General Joseph L. Osterman the Senate and appeared in the Congres- tions were received by the Senate and ap- Brigadier General Christopher S. Owens sional Record of January 31, 2012. peared in the Congressional Record of Feb- Brigadier General Gregg A. Sturdevant PN1255 AIR FORCE nominations (5) begin- ruary 1, 2012. ning KENNETH D. CARR, and ending GREG- IN THE NAVY PN1320 AIR FORCE nominations (47) begin- ORY S. STRINGER, which nominations were The following named officer for appoint- ning DARRIN L. BARRITT, and ending KLIS received by the Senate and appeared in the ment in the United States Navy to the grade T. ZANNIS, which nominations were re- Congressional Record of January 31, 2012. indicated while assigned to a position of im- ceived by the Senate and appeared in the PN1256 AIR FORCE nominations (8) begin- portance and responsibility under title 10, Congressional Record of February 1, 2012. ning PATRICK MICHAEL CARPENTER, and U.S.C., section 601: ending KEVIN N. SMITH, which nominations IN THE ARMY To be admiral were received by the Senate and appeared in PN1267 ARMY nomination of Judith M. Vice Adm. Bruce W. Clingan the Congressional Record of January 31, 2012. Dickert, which was received by the Senate The following named officer for appoint- PN1257 AIR FORCE nominations (12) begin- and appeared in the Congressional Record of ment in the United States Navy to the grade ning JOSEPH J. ALBANO, and ending RICH- January 31, 2012. indicated while assigned to a position of im- ARD J. TIPTON, which nominations were re- PN1268 ARMY nomination of Hazel P. portance and responsibility under title 10, ceived by the Senate and appeared in the Haynes, which was received by the Senate U.S.C., section 601: Congressional Record of January 31, 2012. and appeared in the Congressional Record of PN1258 AIR FORCE nominations (16) begin- January 31, 2012. To be vice admiral ning MICHAEL A. BATTLE, and ending PN1269 ARMY nomination of Larissa G. Rear Adm. John W. Miller DAVID W. TOOKER, which nominations Coon, which was received by the Senate and The following named officer for appoint- were received by the Senate and appeared in appeared in the Congressional Record of Jan- ment in the United States Navy to the grade the Congressional Record of January 31, 2012. uary 31, 2012.

VerDate Mar 15 2010 01:58 Mar 08, 2012 Jkt 099060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S17FE2.REC S17FE2 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 17, 2012 CONGRESSIONAL RECORD — SENATE S903 PN1270 ARMY nominations (2) beginning received by the Senate and appeared in the PN1293 MARINE CORPS nominations (2) STEFANIE D. LAST, and ending TIMOTHY Congressional Record of February 1, 2012. beginning LEONARD R. DOMITROVITS, and R. TOLBERT, which nominations were re- PN1329 ARMY nominations (74) beginning ending ROBERT A. PETERSEN, which nomi- ceived by the Senate and appeared in the PAUL B. ALLEN, SR., and ending D011029, nations were received by the Senate and ap- Congressional Record of January 31, 2012. which nominations were received by the Sen- peared in the Congressional Record of Janu- PN1271 ARMY nominations (2) beginning ate and appeared in the Congressional ary 31, 2012. JOSEPH T. NORA, and ending WILLIAM D. Record of February 1, 2012. PN1294 MARINE CORPS nominations (2) O’CONNELL, which nominations were re- PN1330 ARMY nominations (23) beginning beginning JERRY R. COPLEY, and ending ceived by the Senate and appeared in the KATIE BARRY, and ending KIMBERLY S. JAMES R. TOWNEY, which nominations Congressional Record of January 31, 2012. YORE, which nominations were received by were received by the Senate and appeared in PN1272 ARMY nominations (4) beginning the Senate and appeared in the Congres- the Congressional Record of January 31, 2012. MARK J. CAPPONE, and ending CHARLES sional Record of February 1, 2012. PN1296 MARINE CORPS nominations (4) D. ZIMMERMAN, which nominations were PN1331 ARMY nominations (157) beginning beginning CHRISTOPHER J. ALBRIGHT, received by the Senate and appeared in the CAROL H. ADAMS, and ending TOMASZ and ending CHRISTOPHER M. OSMUN, Congressional Record of January 31, 2012. ZIELINSKI, which nominations were re- which nominations were received by the Sen- PN1273 ARMY nominations (4) beginning ceived by the Senate and appeared in the ate and appeared in the Congressional LANCE D. CLAWSON, and ending CHRIS- Congressional Record of February 1, 2012. Record of January 31, 2012. TOPHER L. ROZELLE, which nominations PN1332 ARMY nominations (177) beginning PN1297 MARINE CORPS nominations (4) were received by the Senate and appeared in COREBRIANS A. ABRAHAM, and ending beginning WINSTON D. BOYD, II, and ending the Congressional Record of January 31, 2012. RENEE E. ZMIJSKI, which nominations MOSES A. THOMAS, which nominations PN1274 ARMY nominations (5) beginning were received by the Senate and appeared in were received by the Senate and appeared in MARK N. BROWN, and ending BRIAN C. the Congressional Record of February 1, 2012. the Congressional Record of January 31, 2012. TRAPANI, which nominations were received PN1365 ARMY nominations (4) beginning PN1298 MARINE CORPS nominations (5) by the Senate and appeared in the Congres- WALLACE S. BONDS, and ending JAMES H. beginning STUART M. BARKER, and ending sional Record of January 31, 2012. TREECE, which nominations were received GREGORY E. WRUBLUSKI, which nomina- PN1275 ARMY nominations (43) beginning by the Senate and appeared in the Congres- tions were received by the Senate and ap- SCOTT T. AYERS, and ending AMBER J. sional Record of February 6, 2012. peared in the Congressional Record of Janu- WILLIAMS, which nominations were re- PN1366 ARMY nominations (6) beginning ary 31, 2012. ceived by the Senate and appeared in the DANIEL P. BORDELON, and ending PN1299 MARINE CORPS nominations (6) Congressional Record of January 31, 2012. MICHELLE M. ROSE, which nominations beginning LADANIEL DAYZIE, and ending PN1276 ARMY nominations (92) beginning were received by the Senate and appeared in AGILEO J. YLANAN, JR., which nomina- RAYMOND R. ADAMS, III, and ending MAD- the Congressional Record of February 6, 2012. tions were received by the Senate and ap- ELINE F. YANFORD, which nominations IN THE FOREIGN SERVICE peared in the Congressional Record of Janu- were received by the Senate and appeared in PN1040 1 FOREIGN SERVICE nominations ary 31, 2012. the Congressional Record of January 31, 2012. (41) beginning James A Bever, and ending PN1302 MARINE CORPS nominations (4) PN1277 ARMY nominations (101) beginning John Mark Winfield, which nominations beginning ARLINGTON A. FINCH, JR., and STEPHEN K. AITON, and ending D005059, were received by the Senate and appeared in ending KEVIN M. TSCHERCH, which nomi- which nominations were received by the Sen- the Congressional Record of October 12, 2011. nations were received by the Senate and ap- ate and appeared in the Congressional PN1111 FOREIGN SERVICE nominations peared in the Congressional Record of Janu- Record of January 31, 2012. (119) beginning Jason P. Jeffreys, and ending ary 31, 2012. PN1278 ARMY nominations (131) beginning Courtney J. Woods, which nominations were PN1303 MARINE CORPS nomination of JAMES H. ADAMS, III, and ending G001034, received by the Senate and appeared in the Timothy T. Rybinski, which was received by which nominations were received by the Sen- Congressional Record of November 8, 2011. the Senate and appeared in the Congres- ate and appeared in the Congressional PN1193 FOREIGN SERVICE nominations sional Record of January 31, 2012. Record of January 31, 2012. (2) beginning Ronald P. Verdonk, and ending IN THE NAVY PN1279 ARMY nominations (178) beginning Bruce J. Zanin, which nominations were re- PN1305 NAVY nomination of Willis E. JOSSLYN L. ABERLE, and ending D002143, ceived by the Senate and appeared in the Everett, which was received by the Senate which nominations were received by the Sen- Congressional Record of December 15, 2011. and appeared in the Congressional Record of ate and appeared in the Congressional IN THE MARINE CORPS January 31, 2012. PN1306 NAVY nomination of James T. Gil- Record of January 31, 2012. PN1281 MARINE CORPS nomination of son, which was received by the Senate and PN1280 ARMY nomination of Jorge M. Craig J. Shell, which was received by the appeared in the Congressional Record of Jan- Ruano-Rossil, which was received by the Senate and appeared in the Congressional uary 31, 2012. Senate and appeared in the Congressional Record of January 31, 2012. PN1307 NAVY nomination of Christopher Record of January 31, 2012. PN1283 MARINE CORPS nomination of A. Martino, which was received by the Sen- PN1321 ARMY nomination of Scott W. Jeffrey S. Lacorte, which was received by ate and appeared in the Congressional Marlin, which was received by the Senate the Senate and appeared in the Congres- Record of January 31, 2012. and appeared in the Congressional Record of sional Record of January 31, 2012. PN1335 NAVY nominations (2) beginning February 1, 2012. PN1284 MARINE CORPS nomination of KENNETH B. HOCKYCKO, and ending PN1322 ARMY nomination of Richard T. Russell B. Cromley, which was received by ADEJOSE R. MCKOY, which nominations Mull, which was received by the Senate and the Senate and appeared in the Congres- were received by the Senate and appeared in appeared in the Congressional Record of Feb- sional Record of January 31, 2012. ruary 1, 2012. PN1285 MARINE CORPS nominations (2) the Congressional Record of February 1, 2012. PN1336 NAVY nomination of John A. Lang, PN1323 ARMY nomination of Kelly E. beginning CHRISTOPHER P. DOUGLAS, and which was received by the Senate and ap- Carlen, which was received by the Senate ending SHAWN A. HARRIS, which nomina- peared in the Congressional Record of Feb- and appeared in the Congressional Record of tions were received by the Senate and ap- ruary 1, 2012. February 1, 2012. peared in the Congressional Record of Janu- PN1337 NAVY nomination of David A. PN1324 ARMY nomination of David C. ary 31, 2012. Czachorowski, which was received by the Hatch, which was received by the Senate and PN1286 MARINE CORPS nominations (2) Senate and appeared in the Congressional appeared in the Congressional Record of Feb- beginning RICHARD CANEDO, and ending Record of February 1, 2012. ruary 1, 2012. MATTHEW C. FRAZIER, which nominations PN1338 NAVY nomination of Kelly P. PN1325 ARMY nominations (5) beginning were received by the Senate and appeared in Coffey, which was received by the Senate and PETER V. HUYNH, and ending MICHAEL J. the Congressional Record of January 31, 2012. appeared in the Congressional Record of Feb- RAKOW, which nominations were received PN1287 MARINE CORPS nomination of ruary 1, 2012. by the Senate and appeared in the Congres- Brian T. Thompson, which was received by PN1340 NAVY nominations (43) beginning sional Record of February 1, 2012. the Senate and appeared in the Congres- JASON A. ALTHOUSE, and ending JOSHUA PN1326 ARMY nominations (3) beginning sional Record of January 31, 2012. L. WRIGHT, which nominations were re- MICHAEL A. ABELL, and ending BRIAN F. PN1290 MARINE CORPS nomination of ceived by the Senate and appeared in the WERTZLER, which nominations were re- Brian J. Corris, which was received by the Congressional Record of February 1, 2012. ceived by the Senate and appeared in the Senate and appeared in the Congressional PN1367 NAVY nomination of James Congressional Record of February 1, 2012. Record of January 31, 2012. Gilford, III, which was received by the Sen- PN1327 ARMY nominations (4) beginning PN1291 MARINE CORPS nomination of ate and appeared in the Congressional CHARLES H. BUXTON and ending THOMAS Kevin R. Williams, which was received by Record of February 6, 2012. M. VICKERS, JR., which nominations were the Senate and appeared in the Congres- received by the Senate and appeared in the sional Record of January 31, 2012. f Congressional Record of February 1, 2012. PN1292 MARINE CORPS nomination of LEGISLATIVE SESSION PN1328 ARMY nominations (20) beginning Christopher J. Cox, which was received by THOMAS AUBLE, and ending CHRIS- the Senate and appeared in the Congres- The PRESIDING OFFICER. The Sen- TOPHER J. WOOD, which nominations were sional Record of January 31, 2012. ate resumes legislative session.

VerDate Mar 15 2010 01:58 Mar 08, 2012 Jkt 099060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S17FE2.REC S17FE2 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S904 CONGRESSIONAL RECORD — SENATE February 17, 2012 TRIBUTE TO ADMIRAL RICHARD talize the State’s private sector ship [From the Courier-Journal, Oct. 25, 2011] CAMACHO repair business. He convinced his com- FAMILY & CHILDREN’S PLACE HAS MONEY FOR Mr. INOUYE. Mr. President, I wish to pany to purchase a local shipyard and BIG CENTER say a few words of tribute today on be- make significant investments in the fa- (By Sheldon S. Shafer) half of my friend Admiral Dick cility through workforce training and Family & Children’s Place, a charity dedi- Camacho, on the occasion of his retire- equipment and an unparalleled com- cated to helping sexually exploited children, ment from the private sector. mitment to workplace safety. has raised the money it needs to proceed Admiral Camacho’s ties to Hawaii go Both the public and private sector with plans for a Child Advocacy Center at owe a great deal to Admiral Dick the old Salvation Army site near Fifth and back to the 1870s, when his family emi- Kentucky streets. grated from the Azores and began Camacho and his amazing wife, Norma The Louisville Metro Police Department’s working on coffee and plantations on Jean. Hawaii is a better place for the Crimes Against Children Unit and prosecu- the Big Island and Oahu, respectively. contributions of these two wonderful tors from the Jefferson County common- His father went through the machinist people. I wish them both fair winds and wealth’s attorney’s office also will have rep- apprentice program at Pearl Harbor following seas. resentatives at the center, envisioned as the Naval Shipyard and was working there f city’s first comprehensive site to help young as a supervisor when it was attacked victims of abuse or violence. RECOGNIZING THE FAMILY & The center ‘‘will be a tremendous addition on December 7, 1941. Then eight-year- CHILDREN’S PLACE to the neighborhood, a top-notch project, old Dick Camacho waited for two days and it will be great for the kids who come before hearing from his father that he Mr. MCCONNELL. Mr. President, I through here,’’ said Daniel Fox, president was okay and had been working around rise today to commend an organization and chief executive officer of the Family & the clock putting out fires and assess- in Kentucky that is working to build Children’s Place. ing the damage from the attack. brighter futures for children by fight- The organization plans to move its exist- Dick left the Islands to attend the ing the trauma of child abuse, violence ing Child Advocacy Center from Fourth University of New Mexico via the and neglect. The Family & Children’s Street near Muhammad Ali Boulevard to a Naval Reserve Officers program where Place, based in my hometown of Louis- site near the Old Louisville, Limerick and ville, KY, has provided support to fami- South Broadway neighborhoods. he graduated with a degree in Naval Police investigators, prosecutors and con- Engineering. He did post-graduate lies and children in the region for over tract pediatricians usually have to come to work in Electrical Engineering at the 127 years. the current office, which is small, to inter- Naval Postgraduate School in Mon- And I am pleased to report that they view or help victims. At times, the arrange- terey and later completed Harvard are taking a big step forward in being ment results in multiple interviews and Business School’s Management Devel- able to accomplish their mission by the extra stress for the children, Fox said. opment Program. construction of a new Child Advocacy Consolidating services, including those of Dick began his distinguished naval Center. This center will be a model for Family & Children’s Place’s counselors, at charities with similar missions the Kentucky Street site should 14 mean career as a junior officer on the USS help can often be provided more quickly, he Requisite in about as different a climate throughout the southeastern United said. as he could find from Hawaii. The ship States by including charity services, ‘‘The idea is to get everyone together at was deployed to the Arctic to engage law enforcement, child protective serv- one location,’’ Fox said. ‘‘We hope to make it on a mapping and survey mission. ices, and prosecutors all in one loca- a national model for dealing with child sex- From there he was ordered to Sub- tion. ual-abuse cases.’’ marine School in Connecticut. The Family & Children’s Place’s mis- The agency bought the property at 512 W. After graduating from Submarine sion is to strengthen the community Kentucky St. from the Salvation Army in School, Dick returned to Hawaii to through research-based services that 2009 for $450,000. The Salvation Army left the site, which has a long history for use as a serve as an officer aboard the USS heal the trauma of abuse, violence, and hospital, rehab facility and command center, Gudgeon, which was home-ported at neglect and promote safe, healthy and when it purchased the old Male High School Pearl Harbor. Admiral Camacho distin- stable families. They work to educate building four years ago. guished himself as a leader and was families to prevent abuse, respond to Fox said plans call for gutting and refur- promoted. The Navy also increased his children on the very day that abuse bishing the 18,000-square-foot structure and responsibilities, sending him to Naval comes to light, treat victims to reduce building several additions, increasing the Sea Systems Command, Submarine damage to their lives, and take steps to space to 22,000 square feet. protect children from further maltreat- The agency hopes to break ground by Forces Atlantic, Supervisor of Ship- March and occupy the renovated site by the building, Pascagoula, Mare Island ment. They have created an array of end of 2012. The project will cost about $4 Naval Shipyard, and Charleston Naval services to prevent, end and treat these million. Shipyard where he served as the Ship- problems. In addition, it is spending more than yard Commander. And they do all this thanks to the $700,000 to buy a vacant tract southeast of In 1984, Dick became the first son of generous donations of many notable Fifth and Kentucky streets, behind the Hawaii to assume command of the Louisville area businesses and spon- former Salvation Army property, from the Pearl Harbor Naval Shipyard. I had the sors, and under the leadership of the National Society of the Sons of the Amer- pleasure of attending a welcome home group’s president and chief executive ican Revolution. The Family & Children’s Place has worked reception for Dick and his wife, Norma officer Mr. Daniel Fox. out a land swap with the commission that Jean, where over 1,000 people were Mr. President, I wish to bestow the runs Memorial Auditorium. The commission present, including members of Hawaii’s gratitude of this United States Senate will give the children’s agency a parcel (now Congressional delegation and local gov- on the Family & Children’s Place of an auditorium parking lot) on the corner of ernment representatives. Dick was pro- Louisville, KY, and wish them contin- Fifth and Kentucky streets to be used for moted to Rear Admiral in 1985 and ued success for many years to come. one of its additions. given the additional responsibilities of Their success can only benefit the The children’s agency, in turn, will use youngest and most vulnerable Ken- part of the land it is buying from the Sons of serving as the Supervisor of Ship- the Revolution to develop parking for the building and Commander of Naval Sea tuckians, who need their services the auditorium. Systems West until his retirement in most. Longer-range plans call for the Family & 1986. Recently, the newspaper the Louis- Children’s Place to use most of the rest of Embarking on his private sector ca- ville Courier-Journal published an arti- the land it is buying from the Sons of the reer, Dick took a position with a San cle highlighting the new Child Advo- American Revolution to build a 10,000- Diego-based company involved in the cacy Center for the Family & Chil- square-foot family-support center. repair and modernization of Navy ves- dren’s Place, and I ask unanimous con- The timing of the family center is uncer- tain, Fox said, but the plan is to move the sels. During this second career, which sent to have printed in the RECORD children’s agency’s main offices and staff saw him open numerous shipyards that particular article. from 2303 River Road to that location. The around the country, Dick always There being no objection, the mate- family center’s cost is estimated at more stayed close to Hawaii. He returned rial was ordered to be printed in the than $2 million, much of which is yet to be many times and led the effort to revi- RECORD, as follows: raised.

VerDate Mar 15 2010 01:58 Mar 08, 2012 Jkt 099060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S17FE2.REC S17FE2 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 17, 2012 CONGRESSIONAL RECORD — SENATE S905 So far the children’s agency’s Building F.S. VanHoose & Company. In over a businesses in the tri-state region. Joe Brighter Futures campaign, which began century of business, F.S. VanHoose & VanHoose has seen the company through the 2008, has about $7.3 million in donations and Company has had only two presidents worst of times and the best of times, with pledges, including $2 million from Kosair in its entirety. more good times than bad. Charities and $1 million from the James F.S. VanHoose & Company was founded in Graham Brown Foundation. The eventual Joe was perhaps inexperienced and 1910 by Frew S. VanHoose who ran the busi- target is $11 million, including money for op- not entirely ready to handle the man- ness until he was into his 80s. ‘‘Technically, erations and endowment. agement of his family’s company, we have had only two presidents of the com- Of the sum raised to date, nearly $5 million which under his grandfather, had pany in the 101 years of operation,’’ Joe says has been earmarked for the Child Advocacy grown to become a large, multi-faceted with a smile. ‘‘My grandfather’s failing Center project, including land acquisition, operation. In his own words, Joe de- health in the 1960s changed our course. In and just over $2 million for agency oper- scribed himself as ‘‘23 going on 18.’’ 1964 I was nominated as president of our ations. Most of the balance has been budg- ‘‘I thought to myself, Joe, it’s either company. I was 23 going on 18. Oh, we had an eted for the endowment. interim president for two weeks. Frew gave The children’s agency plans to borrow sink or swim. I swam,’’ Joe said. one of his cronies the position with no against the pledges to get enough construc- Today, the company’s sales rate is 30 money changing hands. The man was to get tion money to start work, Fox said. times greater than it was in the mid- his with what was to come by turning the He said the agency has tried to keep neigh- 1960s. Joe has spent 58 years as the business around. A ‘falling out’ over some- bors apprised of the plans as they have un- company’s president and CEO. The thing said to him got him to throw down his folded, including periodic briefings. business is financially stable and annu- keys and go home. Herb Fink, an Old Louisville neighborhood ally injects great amounts of out-of- ‘‘At that time we had a longtime secretary/ leader, said the neighbors have been working county and out-of-state money into the treasurer of the company named McKinley with the children’s agency for several years. Baldwin, also a stockholder in the business, He said they opposed an initial plan, since local economy. VanHoose & Company who nominated me as president. I’m pretty shelved, for the agency to use Ben Washer has been listed by various national sure he was looking out for his own interest Park, on the north side of Kentucky at Fifth, trade magazines in the top 400 busi- as well as the company’s when he did that. for part of its Project. nesses several times. He knew I was so green and inexperienced I Renovation of the old Salvation Army site The secret to this small-town lumber would do whatever he said. I thought to my- ‘‘will improve the neighborhood, save an old company’s success is simple. By treat- self, ‘Joe, It’s either sink or swim.’ I swam!’’ vacant building and cleanup an eyesore. We ing employees well and keeping turn- Then he added with a grin, ‘‘More out of fear want to be very supportive of this (children’s than intelligence.’’ over rates low, the employees are able Joe came from good stock. His father How- services) program that is of national signifi- and ready to stay at VanHoose & Com- cance,’’ Fink said. ard VanHoose had graduated from Family & Children’s Place provides direct pany for the long haul. Paintsville High School in 1935 and attended services to about 1,000 exploited children an- Next, Joe relies heavily on the lead- Kentucky Military Institute before joining nually. ership of his fellow family members his father in the family lumber business as manager of the Louisa operation. He was f throughout the company. He believes it is up to them to carry on the business very active in civic affairs: a member of the RECOGNIZING F.S. VANHOOSE & in the future. Louisa City Council, vice president of the COMPANY Also, every business needs to be able Rotary Club, secretary/treasurer of the Busi- ness Men’s Club and a member of the I.O.O.F. C to change with the times—and some- Mr. M CONNELL. Mr. President, I This was all interrupted in 1943 by a call to rise today to pay tribute to one of the times even before the times. Joe re- service for WWII. Howard VanHoose was most vital components of the American members VanHoose & Company using killed in action in Germany in April 1945. economy, the family-owned business. computers long before they were the Joe was but four years old. For over a century, Kentucky’s own norm. Now he can hardly imagine When Joe assumed the leadership role, F.S. F.S. VanHoose & Company has per- going a day without them. VanHoose & Company had a hardware store, severed throughout the struggles that Last, but certainly not least, is pride. lumber yard and wholesale department in many small businesses face, and they Each individual involved with the orga- Paintsville, a facility in Prestonsburg and a lumber yard in Louisa. To get the company are still on top. The company has a nization cares deeply about the well- back on solid ground, Joe said he shored up rich history of serving the Kentucky being of the company, and reveals it in some things and put good practices into communities of Paintsville, their day-to-day display of upstanding place. ‘‘We consolidated our Paintsville oper- Prestonsburg, Louisa, and the sur- character and customer service. ations and the Louisa yard.’’ rounding area. Although they have It is my hope that today, my fellow Joe attributes much of the success of the evolved and changed throughout the Senators will join me in recognizing company to hiring and retaining excellent years to keep up with their competi- the contribution that this company has employees. ‘‘We give employees a good bene- made and is continuing to make in the fits package. This is one reason we have so tors, it is their dedication to the cus- many long-time employees. That, plus we tomer and to the employee that still Commonwealth of Kentucky. Success treat them well. Low turnover means a lot lies at the heart of the organization. stories like that of F.S. VanHoose & to us as well as to our customer base—friend- And that is something that has never Company resonate as examples of what ly, familiar faces. Besides our regular career changed—not in the VanHoose family, hard work, perseverance, and dedica- employees, we have family members who and not in the VanHoose Company. tion can lead to in our great country. have been here a long time. My cousin Scott Frew S. VanHoose founded the lum- There was an article recently printed Craft retired from here about six years ago. ber company in 1910. Frew’s son How- in the publication ‘‘Discover the Power He was vice president. His brother Mike re- of Southeast Kentucky,’’ published by tired about two months ago. He was manager ard VanHoose, who worked briefly for of our Prestonsburg operation as well as sec- the company after studying at the Ken- the Southeast Kentucky Chamber of retary/treasurer. I have a son, Harry, in the tucky Military Institute, would answer Commerce in the summer of 2011. I ask business now, and hopefully the family will the call to serve his country in 1943. unanimous consent that it appear in carry the business on in the future.’’ Howard VanHoose was killed in action the RECORD. Another crucial move on VanHoose’s part in Germany in April of 1945, his son Joe There being no objection, the article was changing with and sometimes before the Howard VanHoose aged only four at was ordered to appear in the RECORD, times. His company utilized computers be- as follows: fore it became the norm. ‘‘It’s so common the time. now,’’ he said ‘‘that I wonder how companies [From Discover the Power of Southeast Frew VanHoose went on to spend 54 ever operated without them.’’ years running the company as presi- Kentucky, Summer 2011] At one point the growing trend of ‘‘chain dent and CEO, until he could not man- VANHOOSE LUMBER SINCE 1910 yards’’ started getting close to what was age the business anymore due to his When you meet Joe Howard VanHoose, considered F.S. VanHoose & Company’s mar- failing health. With the founder of the president and CEO of F.S. VanHoose & Com- ket area, which was a 75-to-100-mile radius company stepping down, the course of pany, you notice first the smile, contagious reaching into three states. ‘‘They were get- the company would dramatically laughter and friendly demeanor. Under all ting into Huntington, around the Ashland this congeniality he’s a very good business- Oil plant near Catlettsburg and in Ironton, change. After a brief 2-week interlude, man who guided the family business from fi- Ohio. They were shifting into our market, in 1964, Frew S. VanHoose’s grandson nancial straits in the mid-1960s to the cele- and I knew we had to do something. I knew Joe Howard VanHoose, then just 23 bration of its 101st anniversary, making the it would be just a matter of time before they years old, became the new president of company one of the oldest continuing retail were in our face.

VerDate Mar 15 2010 01:58 Mar 08, 2012 Jkt 099060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S17FE2.REC S17FE2 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S906 CONGRESSIONAL RECORD — SENATE February 17, 2012 ‘‘The older way of doing business was by ‘‘Guide Me, O Thou Great Jehovah.’’ Kristina, her other family members operating off certain margins. We went Later she became the first woman of and friends, and to her millions of fans. through a gradual evolution from margin to color to grace the cover of Seventeen f volume.’’ Magazine and was also featured in lay- Over the years some of the large chains MESSAGES FROM THE PRESIDENT have moved on up the Big Sandy Valley into outs in the pages of Glamour, Cos- VanHoose’s backdoor. Some stayed around a mopolitan, and Young Miss. Messages from the President of the little while, others longer. ‘‘We have taken In 1983, Clive Davis, head of Arista United States were communicated to some hard shots over the years, but we have Records, helped start Whitney’s record- the Senate by Mrs. Neiman, one of his managed. We have two large sales each ing career, and she went on to begin secretaries. year—spring and fall. We promote these sales her meteoric rise to fame, with Rolling f in 25 newspapers with full-page ads. We use Stone praising her as ‘‘one of the most 10 to 12 radio stations and two TV stations, exciting new voices in years,’’ while EXECUTIVE MESSAGES REFERRED also. We have no outside sales, and this gets the New York Times called her debut, our name out there. It brings people in from As in executive session the Presiding other markets. We’ve been doing these sales self-titled album ‘‘an impressive, musi- Officer laid before the Senate messages since the early ’70s.’’ cally conservative showcase for an ex- from the President of the United Joe said new facilities are planned for the ceptional vocal talent.’’ States submitting sundry nominations Prestonsburg store. ‘‘Adjacent to where we In 1986, a year after the initial re- which were referred to the appropriate are now, we are renovating a large former lease of her debut album, Whitney committees. Betsy Ross warehouse and plan a move into topped the Billboard 200 albums chart (The nominations received today are it soon. Also in Prestonsburg, we have a new and stayed there for 14 weeks with the printed at the end of the Senate pro- manager since Mike retired. Calhoun Salyer final single, ‘‘Greatest Love of All,’’ from Paintsville had worked several years ceedings.) which became one of her biggest hits. for us while going to college . . . probably 25 f years ago. After he graduated from UK, he The album became the first album by a became secretary/treasurer for us and stayed female to yield three No. 1 hits. ECONOMIC REPORT OF THE PRESI- around about five years before going else- Whitney Houston is recognized as the DENT DATED FEBRUARY 2012 where. He is back. He had been in manage- most awarded female musical artist of WITH THE ANNUAL REPORT OF ment and sales and has brought that exper- all time, having received 2 Emmy THE COUNCIL OF ECONOMIC AD- tise with him. He is a good addition. Awards, 6 Grammy Awards, 22 Amer- VISERS FOR 2012—PM 41 ‘‘We are financially stable now. Sales are ican Music Awards, and 30 Billboard The PRESIDING OFFICER laid be- 30 times what they were in the mid-1960s. We Music Awards. She also holds numer- bring a lot of out-of-county and out-of-state fore the Senate the following message money into this area.’’ ous other distinctions, including the from the President of the United Joe said that higher volume has required best selling single by a female artist in States, together with an accompanying expansion of equipment and personnel to music history, first solo act to sell report; which was referred to the Joint handle it. ‘‘Today, we have a fleet of a dozen more than 1,000,000 copies of an album Economic Committee: trucks and a maintenance department to within a 1-week period, the only artist keep them running well, a boom truck to to chart 7 consecutive No. 1 Billboard To the Congress of the United States: handle drywall, 10 forklifts, and half a dozen Hot 100 hits. She also had the best sell- One of the fundamental tenets of the piggyback trucks with forklifts hanging off ing movie soundtrack of all time, ‘‘The American economy has been that if the back for special deliveries . . . all to Bodyguard.’’ you work hard, you can do well enough serve our customers. Our total personnel to raise a family, own a home, send varies between 37 and 50, depending on the Beyond her professional career, Whit- economy.’’ ney Houston demonstrated her com- your kids to college, and put a little Another added value that has most cer- mitment to humanitarianism as a sup- money away for retirement. That’s the tainly contributed to the company’s success porter of Nelson Mandela and the promise of America. is also a source of pride. ‘‘The amount of ex- antiapartheid movement, refusing to The defining issue of our time is how pertise that we have to offer to the customer do business with agencies that did busi- to keep that promise alive. We can ei- that is free is phenomenal,’’ Joe said. ‘‘If a ness with the then-apartheid South Af- ther settle for a country where a professional contractor wants to know some- rica. She also founded the Whitney shrinking number of people do very thing, he or she comes to us.’’ well while a growing number of Ameri- ‘‘In the 1980s and early ’90s, national trade Houston Foundation for Children, an magazines had our little company listed in organization that cared for the home- cans barely get by, or we can restore the top 400 several years in a row. No little less and children with cancer and an economy where everyone gets a fair feat considering the large amount of lumber AIDS. And during the 2009 2010 aca- shot, everyone does their fair share, companies in this country and their sizes.’’ demic school year, the Whitney E. and everyone plays by the same set of Joe grinned, ‘‘Can you imagine continuing Houston Academy of Creative and Per- rules. 101 years in the retail business and having forming Arts became a thriving, arts- Long before the recession that began only two presidents of the company during focused institution that provides ex- in December 2007, job growth was insuf- that time?’’ ficient for our growing population. When asked how much longer he plans to panded educational opportunities for work, he laughs and answers, ‘‘There was a the student body and surrounding com- Manufacturing jobs were leaving our man in Lewisburg, West Virginia, who ran munity. shores. Technology made businesses his lumber company and showed up every There are many reasons why America more efficient, but also made some jobs day until he passed away at 103. I’d like to will never forget Whitney Houston, but obsolete. The few at the top saw their break his record.’’ one of the most memorable was her incomes rise like never before, but f performance of ‘‘The Star Spangled most hardworking Americans struggled Banner’’ at Super Bowl XXV on Janu- with costs that were growing, pay- REMEMBERING WHITNEY ary 27, 1991. That performance was so checks that were not, and personal ELIZABETH HOUSTON powerful that it was later released as a debt that kept piling up. Mr. MENENDEZ. Mr. President, commercial single and the video of her In 2008, the house of cards collapsed. today I wish to honor the life of Whit- performance reached the top 20 on the We learned that mortgages had been ney Elizabeth Houston who passed Billboard Hot 100, making her the only sold to people who could not afford away on Saturday, February 11, 2012. person to turn the national anthem them or did not understand them. Whitney Houston was a shining star into a pop hit of that magnitude. Banks had made huge bets and doled born in the great city of Newark, NJ, Mr. President, it is with immense out big bonuses with other people’s whose life will be celebrated locally sadness but great honor that I recog- money. Regulators had looked the and globally by her family and friends. nize, commend, and celebrate the life other way, or did not have the author- Whitney followed in the footsteps of and legacy of Whitney E. Houston, a ity to stop the bad behavior. It was her mother and began performing as a star of New Jersey who went on to wrong. It was irresponsible. And it soloist in the junior gospel choir at the shine bright across the globe. I extend plunged our economy into a crisis that New Hope Baptist Church in Newark, my deepest condolences to Whitney’s put millions out of work, saddled us where her first solo performance was mother Cissy Houston, daughter Bobbi with more debt, and left innocent,

VerDate Mar 15 2010 01:58 Mar 08, 2012 Jkt 099060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S17FE2.REC S17FE2 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 17, 2012 CONGRESSIONAL RECORD — SENATE S907 hardworking Americans holding the gency rescue measures taken to end Air Force nominations beginning with bag. the recession and support the ongoing Brigadier General Gary M. Batinich and end- In the year before I took office, we recovery, and lays out a blueprint for ing with Brigadier General George F. Wil- lost nearly 5 million private sector an economy built to last. It explains liams, which nominations were received by the Senate and appeared in the Congres- jobs. And we lost almost another 4 mil- how we are restoring our strengths as a sional Record on December 15, 2011. lion before our policies were in full ef- Nation—our innovative economy, our Air Force nominations beginning with fect. strong manufacturing base, and our Colonel Jeffrey K. Barnson and ending with Those are the facts. But so are these: workers—by investing in the tech- Colonel James P. Scanlan, which nomina- In the last 23 months, businesses have nologies of the future, in companies tions were received by the Senate and ap- created 3.7 million jobs. Last year, that create jobs here in America, and peared in the Congressional Record on De- they created the most jobs since 2005. in education and training programs cember 16, 2011. (minus 1 nominee: Colonel American manufacturers are hiring that will prepare our workers for the Stephen J. Linsenmeyer, Jr.) again, creating jobs for the first time Air Force nomination of Maj. Gen. Craig A. jobs of tomorrow. We must ensure that Franklin, to be Lieutenant General. since the late 1990s. And we have put in these investments benefit everyone and Air Force nomination of Lt. Gen. Stephen place new rules to hold Wall Street ac- increase opportunity for all Americans P. Mueller, to be Lieutenant General. countable, so a crisis like this never or we risk threatening one of the fea- Air Force nomination of Col. Robert T. happens again. tures that defines us as a Nation—that Brooks, Jr., to be Brigadier General. Some, however, still advocate going America is a country in which anyone Army nomination of Col. Susan A. David- back to the same economic policies can do well, regardless of how they son, to be Brigadier General. that stacked the deck against middle- start out. Army nominations beginning with Colonel class Americans for way too many Jon S. Lehr and ending with Colonel Burdett No one built this country on their K. Thompson, which nominations were re- years. And their philosophy is simple: own. This Nation is great because we ceived by the Senate and appeared in the We are better off when everybody is built it together. If we remember that Congressional Record on June 16, 2011. left to fend for themselves and play by truth today, join together in common Army nomination of Col. Wendul G. Hagler their own rules. purpose, and maintain our common re- II, to be Brigadier General. That philosophy is wrong. The more solve, then I am as confident as ever Army nomination of Maj. Gen. Daniel B. Americans who succeed, the more that our economic future is hopeful Allyn, to be Lieutenant General. America succeeds. These are not Demo- and strong. Army nomination of Brig. Gen. Leslie A. Purser, to be Major General. cratic values or Republican values. BARACK OBAMA. They are American values. And we Army nomination of Col. Mary E. Link, to THE WHITE HOUSE, February 2012. be Brigadier General. have to reclaim them. f Army nomination of Col. Richard C. Gross, This is a make-or-break moment for MESSAGE FROM THE HOUSE to be Brigadier General, Judge Advocate the middle class, and for all those who General’s Corps. are working to get into the middle At 12:10 p.m., a message from the Army nomination of Lt. Gen. Curtis M. class. It is a moment when we can go House of Representatives, delivered by Scaparrotti, to be Lieutenant General. back to the ways of the past—to grow- Mr. Novotny, one of its reading clerks, Army nominations beginning with Colonel ing deficits, stagnant incomes and job announced that the House agrees to Patricia M. Anslow and ending with Colonel growth, declining opportunity, and ris- the report of the committee of con- Michael R. Zerbonia, which nominations ference on the disagreeing votes of the were received by the Senate and appeared in ing inequality—or we can make a the Congressional Record on February 6, break from the past. We can build an two Houses on the amendments of the 2012. economy by restoring our greatest Senate to the bill (H.R. 3630) to provide Army nominations beginning with Briga- strengths: American manufacturing, incentives for the creation of jobs, and dier General Robbie L. Asher and ending American energy, skills for American for other purposes. with Brigadier General Charles W. workers, and a renewal of American f Whittington, Jr., which nominations were values—an economy built to last. received by the Senate and appeared in the When it comes to the deficit, we have MEASURES PLACED ON THE Congressional Record on February 6, 2012. already agreed to more than $2 trillion CALENDAR Army nominations beginning with Colonel The following bill was read the sec- John C. Harris, Jr., and ending with Colonel in cuts and savings. But we need to do Dana L. McDaniel, which nominations were more, and that means making choices. ond time, and placed on the calendar: received by the Senate and appeared in the Right now, we are poised to spend near- S. 2118. A bill to remove unelected, unac- Congressional Record on February 6, 2012. ly $1 trillion more on what was sup- countable bureaucrats from seniors’ personal Army nomination of Brig. Gen. Timothy A. posed to be a temporary tax break for health decisions by repealing the Inde- Reisch, to be Major General. the wealthiest 2 percent of Americans. pendent Payment Advisory Board. Army nomination of Brig. Gen. Gregory A. Right now, because of loopholes and f Lusk, to be Major General. shelters in the tax code, a quarter of Army nomination of Col. John DiNapoli, to EXECUTIVE REPORTS OF be Brigadier General. all millionaires pay lower tax rates COMMITTEE Marine Corps nominations beginning with than millions of middle-class house- The following executive reports of Brigadier General Steven W. Busby and end- holds. I believe that tax reform should nominations were submitted: ing with Brigadier General Gregg A. follow the Buffett Rule. If you make Sturdevant, which nominations were re- By Mr. LEVIN for the Committee on more than $1 million a year, you ceived by the Senate and appeared in the Armed Services. Congressional Record on January 31, 2012. should not pay less than 30 percent in *Mark William Lippert, of Ohio, to be an Navy nomination of Vice Adm. Bruce W. taxes. In fact, if you are earning a mil- Assistant Secretary of Defense. Clingan, to be Admiral. lion dollars a year, you should not get *Navy nomination of Adm. Samuel J. Navy nomination of Rear Adm. John W. Locklear III, to be Admiral. special tax subsidies or deductions. On Miller, to be Vice Admiral. Air Force nomination of Col. Michael A. the other hand, if you make under Navy nomination of Rear Adm. Philip H. $250,000 a year, like 98 percent of Amer- Meyer, to be Brigadier General. Air Force nomination of Lt. Gen. Michael Cullom, to be Vice Admiral. ican families do, your taxes should not J. Basla, to be Lieutenant General. Navy nomination of Rear Adm. Charles W. go up. Air Force nomination of Maj. Gen. John E. Martoglio, to be Vice Admiral. Americans know that this genera- Hyten, to be Lieutenant General. Navy nomination of Vice Adm. William R. tion’s success is only possible because Air Force nomination of Col. Sean L. Mur- Burke, to be Vice Admiral. past generations felt a responsibility to phy, to be Brigadier General. Mr. LEVIN. Mr. President, for the each other, and to the future of their Air Force nomination of Col. Charles E. Committee on Armed Services I report country. Now it is our turn. Now it Potter, to be Brigadier General. favorably the following nomination Air Force nomination of Col. Harris J. falls to us to live up to that same sense lists which were printed in the RECORD Kline, to be Brigadier General. of shared responsibility. Air Force nomination of Col. Richard M. on the dates indicated, and ask unani- This year’s Economic Report of the Erikson, to be Brigadier General. mous consent, to save the expense of President, prepared by the Council of Air Force nomination of Brig. Gen. Robert reprinting on the Executive Calendar, Economic Advisers, describes the emer- G. Kenny, to be Major General. that these nominations lie at

VerDate Mar 15 2010 01:58 Mar 08, 2012 Jkt 099060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S17FE2.REC S17FE2 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S908 CONGRESSIONAL RECORD — SENATE February 17, 2012 the Secretary’s desk for the informa- by the Senate and appeared in the Congres- appeared in the Congressional Record on tion of Senators. sional Record on January 31, 2012. January 31, 2012. The PRESIDING OFFICER. Without Air Force nominations beginning with Ste- Army nominations beginning with James objection, it is so ordered. ven J. Acevedo and ending with Heather L. H. Adams III and ending with G001034, which Yun, which nominations were received by nominations were received by the Senate and Air Force nominations beginning with the Senate and appeared in the Congres- appeared in the Congressional Record on Kirk W. Albertson and ending with Marsha sional Record on January 31, 2012. January 31, 2012. M. Yasuda, which nominations were received Air Force nominations beginning with Army nominations beginning with Josslyn by the Senate and appeared in the Congres- Cara A. Aghajanian and ending with Michael L. Aberle and ending with D002143, which sional Record on November 1, 2011. A. Zaccardo, which nominations were re- nominations were received by the Senate and Air Force nominations beginning with ceived by the Senate and appeared in the appeared in the Congressional Record on David M. Barns and ending with Eric L. Congressional Record on January 31, 2012. January 31, 2012. Whitmore, which nominations were received Air Force nominations beginning with Army nomination of Jorge M. Ruano- by the Senate and appeared in the Congres- Mudasir A. Abro and ending with Shauna C. Rossil, to be Lieutenant Colonel. sional Record on November 1, 2011. Zorich, which nominations were received by Army nomination of Scott W. Marlin, to be Air Force nominations beginning with Bar- the Senate and appeared in the Congres- Colonel. bara B. Acevedo and ending with Christy sional Record on January 31, 2012. Army nomination of Richard T. Mull, to be Lynn Zahn, which nominations were re- Air Force nomination of Oscar Fonseca, to Lieutenant Colonel. ceived by the Senate and appeared in the be Major. Army nomination of Kelly E. Carlen, to be Congressional Record on November 1, 2011. Air Force nominations beginning with Major. Air Force nominations beginning with Thomas G. Duffett and ending with Thomas Army nomination of David C. Hatch, to be Clinton E. Abell and ending with Stephen P. S. Garrido, which nominations were received Major. Wolf, which nominations were received by by the Senate and appeared in the Congres- Army nominations beginning with Peter V. the Senate and appeared in the Congres- sional Record on February 1, 2012. Huynh and ending with Michael J. Rakow, sional Record on November 1, 2011. Air Force nomination of Michael W. Pau- which nominations were received by the Sen- Air Force nominations beginning with lus, to be Major. ate and appeared in the Congressional John P. Ditter and ending with Steven E. Air Force nomination of Benjamin G. Record on February 1, 2012. West, which nominations were received by Hughes, to be Major. Army nominations beginning with Michael the Senate and appeared in the Congres- Air Force nominations beginning with A. Abell and ending with Brian F. Wertzler, sional Record on November 1, 2011. Michelle S. Flores and ending with Molly F. which nominations were received by the Sen- Air Force nominations beginning with George, which nominations were received by ate and appeared in the Congressional Allena H. E. Burge Smiley and ending with the Senate and appeared in the Congres- Record on February 1, 2012. Jerome M. Teclaw, which nominations were sional Record on February 1, 2012. Army nominations beginning with Charles received by the Senate and appeared in the Air Force nominations beginning with H. Buxton and ending with Thomas M. Vick- Congressional Record on January 31, 2012. Amory S. Balucating and ending with ers, Jr., which nominations were received by Air Force nominations beginning with Ramothea L. Webster, which nominations the Senate and appeared in the Congres- Leon S. Barringer and ending with Paul E. were received by the Senate and appeared in sional Record on February 1, 2012. Smith, which nominations were received by the Congressional Record on February 1, Army nominations beginning with Thomas the Senate and appeared in the Congres- 2012. Auble and ending with Christopher J. Wood, sional Record on January 31, 2012. Air Force nominations beginning with which nominations were received by the Sen- Air Force nominations beginning with Darrin L. Barritt and ending with Klis T. ate and appeared in the Congressional Mark W. Duff and ending with Keith C. Tang, Zannis, which nominations were received by Record on February 1, 2012. which nominations were received by the Sen- the Senate and appeared in the Congres- Army nominations beginning with Paul B. ate and appeared in the Congressional sional Record on February 1, 2012. Allen, Sr. and ending with D011029, which Record on January 31, 2012. Army nomination of Judith M. Dickert, to nominations were received by the Senate and Air Force nominations beginning with be Colonel. appeared in the Congressional Record on Kenneth D. Carr and ending with Gregory S. Army nomination of Hazel P. Haynes, to be February 1, 2012. Stringer, which nominations were received Colonel. Army nominations beginning with Katie by the Senate and appeared in the Congres- Army nomination of Larissa G. Coon, to be Barry and ending with Kimberly S. Yore, sional Record on January 31, 2012. Major. which nominations were received by the Sen- Air Force nominations beginning with Pat- Army nominations beginning with Stefanie ate and appeared in the Congressional rick Michael Carpenter and ending with D. Last and ending with Timothy R. Tolbert, Record on February 1, 2012. Kevin N. Smith, which nominations were re- which nominations were received by the Sen- Army nominations beginning with Carol H. ceived by the Senate and appeared in the ate and appeared in the Congressional Adams and ending with Tomasz Zielinski, Congressional Record on January 31, 2012. Record on January 31, 2012. which nominations were received by the Sen- Air Force nominations beginning with Jo- Army nominations beginning with Joseph ate and appeared in the Congressional seph J. Albano and ending with Richard J. T. Nora and ending with William D. Record on February 1, 2012. Tipton, which nominations were received by O’Connell, which nominations were received Army nominations beginning with the Senate and appeared in the Congres- by the Senate and appeared in the Congres- Corebrians A. Abraham and ending with sional Record on January 31, 2012. sional Record on January 31, 2012. Renee E. Zmijski, which nominations were Air Force nominations beginning with Mi- Army nominations beginning with Mark J. received by the Senate and appeared in the chael A. Battle and ending with David W. Cappone and ending with Charles D. Zimmer- Congressional Record on February 1, 2012. Tooker, which nominations were received by man, which nominations were received by Army nominations beginning with Wallace the Senate and appeared in the Congres- the Senate and appeared in the Congres- S. Bonds and ending with James H. Treece, sional Record on January 31, 2012. sional Record on January 31, 2012. which nominations were received by the Sen- Air Force nominations beginning with Ann Army nominations beginning with Lance ate and appeared in the Congressional E. Alexander and ending with David L. Wells, D. Clawson and ending with Christopher L. Record on February 6, 2012. which nominations were received by the Sen- Rozelle, which nominations were received by Army nominations beginning with Daniel ate and appeared in the Congressional the Senate and appeared in the Congres- P. Bordelon and ending with Michelle M. Record on January 31, 2012. sional Record on January 31, 2012. Rose, which nominations were received by Air Force nominations beginning with Army nominations beginning with Mark N. the Senate and appeared in the Congres- Brenda K. Ames and ending with Joseph A. Brown and ending with Brian C. Trapani, sional Record on February 6, 2012. Wenszell, which nominations were received which nominations were received by the Sen- Marine Corps nomination of Craig J. Shell, by the Senate and appeared in the Congres- ate and appeared in the Congressional to be Major. sional Record on January 31, 2012. Record on January 31, 2012. Marine Corps nomination of Jeffrey S. Air Force nominations beginning with Army nominations beginning with Scott T. Lacorte, to be Major. Javier A. Abreu and ending with Mark A. Ayers and ending with Amber J. Williams, Marine Corps nomination of Russell B. Weiskircher, which nominations were re- which nominations were received by the Sen- Cromley, to be Major. ceived by the Senate and appeared in the ate and appeared in the Congressional Marine Corps nominations beginning with Congressional Record on January 31, 2012. Record on January 31, 2012. Christopher P. Douglas and ending with Air Force nominations beginning with Carl Army nominations beginning with Ray- Shawn A. Harris, which nominations were P. Bhend and ending with Allyson M. mond R. Adams III and ending with Madeline received by the Senate and appeared in the Yamaki, which nominations were received F. Yanford, which nominations were received Congressional Record on January 31, 2012. by the Senate and appeared in the Congres- by the Senate and appeared in the Congres- Marine Corps nominations beginning with sional Record on January 31, 2012. sional Record on January 31, 2012. Richard Canedo and ending with Matthew C. Air Force nominations beginning with Army nominations beginning with Stephen Frazier, which nominations were received by Broadus Z. Atkins and ending with Kenneth K. Aiton and ending with D005059, which the Senate and appeared in the Congres- C. Y. Yu, which nominations were received nominations were received by the Senate and sional Record on January 31, 2012.

VerDate Mar 15 2010 01:58 Mar 08, 2012 Jkt 099060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S17FE2.REC S17FE2 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 17, 2012 CONGRESSIONAL RECORD — SENATE S909 Marine Corps nomination of Brian T. and second times by unanimous con- (Mr. CHAMBLISS) and the Senator from Thompson, to be Lieutenant Colonel. sent, and referred as indicated: Georgia (Mr. ISAKSON) were added as Marine Corps nomination of Brian J. By Mr. MENENDEZ (for himself, Mr. cosponsors of S. 1734, a bill to provide Corris, to be Lieutenant Colonel. BINGAMAN, Mr. CONRAD, Ms. SNOWE, incentives for the development of Marine Corps nomination of Kevin R. Wil- Mr. WHITEHOUSE, and Mr. LAUTEN- qualified infectious disease products. liams, to be Lieutenant Colonel. BERG): Marine Corps nomination of Christopher J. S. 1763 S. 2123. A bill to amend title V of the So- Cox, to be Lieutenant Colonel. At the request of Mr. AKAKA, the cial Security Act to extend funding for fam- Marine Corps nominations beginning with name of the Senator from Idaho (Mr. ily-to-family health information centers to Leonard R. Domitrovits and ending with help families of children with disabilities or CRAPO) was added as a cosponsor of S. Robert A. Petersen, which nominations were special health care needs make informed 1763, a bill to decrease the incidence of received by the Senate and appeared in the choices about health care for their children; violent crimes against Indian women, Congressional Record on January 31, 2012. to the Committee on Finance. to strengthen the capacity of Indian Marine Corps nominations beginning with By Mr. MENENDEZ (for himself and tribes to exercise the sovereign author- Jerry R. Copley and ending with James R. Mr. LAUTENBERG): Towney, which nominations were received by ity of Indian tribes to respond to vio- S. 2124. A bill to amend title III of the Pub- the Senate and appeared in the Congres- lent crimes committed against Indian lic Health Service Act to authorize and sup- sional Record on January 31, 2012. women, and to ensure that perpetra- port the creation of cardiomyopathy edu- Marine Corps nominations beginning with tors of violent crimes committed cation, awareness, and risk assessment ma- Christopher J. Albright and ending with terials and resources by the Secretary of against Indian women are held ac- Christopher M. Osmun, which nominations Health and Human Services through the Cen- countable for that criminal behavior, were received by the Senate and appeared in ters for Disease Control and Prevention and and for other purposes. the Congressional Record on January 31, the dissemination of such materials and re- S. 1845 2012. sources by State educational agencies to Marine Corps nominations beginning with At the request of Mr. WYDEN, the identify more at-risk families; to the Com- Winston D. Boyd II and ending with Moses A. name of the Senator from Oregon (Mr. mittee on Health, Education, Labor, and Thomas, which nominations were received MERKLEY) was added as a cosponsor of Pensions. by the Senate and appeared in the Congres- S. 1845, a bill to amend the Internal By Mr. WYDEN (for himself, Ms. sional Record on January 31, 2012. Revenue Code of 1986 to provide for an SNOWE, and Mr. GRASSLEY): Marine Corps nominations beginning with S. 2125. A bill to amend title XVIII of the energy investment credit for energy Stuart M. Barker and ending with Gregory Social Security Act to modify the designa- storage property connected to the grid, E. Wrubluski, which nominations were re- tion of accreditation organizations for and for other purposes. ceived by the Senate and appeared in the orthotics and prosthetics, to apply accredita- S. 1853 Congressional Record on January 31, 2012. tion and licensure requirements to suppliers Marine Corps nominations beginning with At the request of Mr. SANDERS, the of such devices and items for purposes of names of the Senator from Oregon (Mr. Ladaniel Dayzie and ending with Agileo J. payment under the Medicare program, and to MERKLEY) and the Senator from Min- Ylanan, Jr., which nominations were re- modify the payment rules for such devices ceived by the Senate and appeared in the and items under such program to account for nesota (Mr. FRANKEN) were added as co- Congressional Record on January 31, 2012. practitioner qualifications and complexity of sponsors of S. 1853, a bill to recalculate Marine Corps nominations beginning with care; to the Committee on Finance. and restore retirement annuity obliga- Arlington A. Finch, Jr. and ending with By Mr. LEAHY (for himself and Mr. tions of the United States Postal Serv- Kevin M. Tscherch, which nominations were SANDERS): ice, eliminate the requirement that the received by the Senate and appeared in the S. 2126. A bill to amend the Food, Con- Congressional Record on January 31, 2012. United States Postal Service pre-fund servation, and Energy Act of 2008 to extend the Postal Service Retiree Health Ben- Marine Corps nomination of Timothy T. and improve the milk income loss contract Rybinski, to be Lieutenant Colonel. efits Fund, place restrictions on the program; to the Committee on Agriculture, closure of postal facilities, create in- Navy nomination of Willis E. Everett, to Nutrition, and Forestry. be Lieutenant Commander. By Mr. CASEY: centives for innovation for the United Navy nomination of James T. Gilson, to be S. 2127. A bill to protect State and local States Postal Service, to maintain lev- Lieutenant Commander. witnesses from tampering and retaliation, els of postal service, and for other pur- Navy nomination of Christopher A. and for other purposes; to the Committee on poses. Martino, to be Commander. the Judiciary. S. 1884 Navy nominations beginning with Kenneth By Mr. TESTER (for himself, Mr. B. Hockycko and ending with Adejose R. At the request of Mr. DURBIN, the BEGICH, and Mrs. SHAHEEN): name of the Senator from Maryland Mckoy, which nominations were received by S. 2128. A bill to amend the Balanced Budg- (Mr. CARDIN) was added as a cosponsor the Senate and appeared in the Congres- et and Emergency Deficit Control Act of 1985 sional Record on February 1, 2012. to clarify that all veterans programs are ex- of S. 1884, a bill to provide States with Navy nomination of John A. Lang, to be empt from sequestration, and for other pur- incentives to require elementary Lieutenant Commander. poses; to the Committee on the Budget. schools and secondary schools to main- Navy nomination of David A. By Mr. LIEBERMAN (for himself and tain, and permit school personnel to Czachorowski, to be Lieutenant Commander. Mr. WARNER): administer, epinephrine at schools. Navy nomination of Kelly P. Coffey, to be S. 2129. A bill to provide for reforming and S. 1925 Commander. consolidating agencies of the Federal Gov- Navy nominations beginning with Jason A. At the request of Mr. LEAHY, the ernment to improve efficiency and effective- name of the Senator from Oregon (Mr. Althouse and ending with Joshua L. Wright, ness; to the Committee on Homeland Secu- which nominations were received by the Sen- rity and Governmental Affairs. MERKLEY) was added as a cosponsor of ate and appeared in the Congressional By Mr. NELSON of Florida: S. 1925, a bill to reauthorize the Vio- Record on February 1, 2012. S. 2130. A bill to direct the Secretary of In- lence Against Women Act of 1994. Navy nomination of James Gilford III, to terior to establish a veterans conservation S. 1981 be Lieutenant Commander. corps, and for other purposes; to the Com- At the request of Mr. HELLER, the *Nomination was reported with rec- mittee on Veterans’ Affairs. name of the Senator from Georgia (Mr. ommendation that it be confirmed sub- f CHAMBLISS) was added as a cosponsor of ject to the nominee’s commitment to ADDITIONAL COSPONSORS S. 1981, a bill to provide that Members respond to requests to appear and tes- of Congress may not receive pay after tify before any duly constituted com- S. 546 October 1 of any fiscal year in which mittee of the Senate. At the request of Mr. TESTER, the Congress has not approved a concur- (Nominations without an asterisk name of the Senator from Hawaii (Mr. rent resolution on the budget and were reported with the recommenda- INOUYE) was added as a cosponsor of S. passed the regular appropriations bills. tion that they be confirmed.) 546, a bill to extend the Federal rec- S. 2122 f ognition to the Little Shell Tribe of At the request of Mr. PAUL, the name Chippewa Indians of Montana, and for of the Senator from South Carolina INTRODUCTION OF BILLS AND other purposes. (Mr. DEMINT) was added as a cosponsor JOINT RESOLUTIONS S. 1734 of S. 2122, a bill to clarify the defini- The following bills and joint resolu- At the request of Mr. CORKER, the tion of navigable waters, and for other tions were introduced, read the first names of the Senator from Georgia purposes.

VerDate Mar 15 2010 01:58 Mar 08, 2012 Jkt 099060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S17FE2.REC S17FE2 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S910 CONGRESSIONAL RECORD — SENATE February 17, 2012 AMENDMENT NO. 1520 York (Mr. SCHUMER) was added as a co- payment for orthotics and prosthetics At the request of Mr. BLUNT, the sponsor of amendment No. 1707 in- to a practitioner who has not secured a name of the Senator from Idaho (Mr. tended to be proposed to S. 1813, a bill license in those states that require li- RISCH) was added as a cosponsor of to reauthorize Federal-aid highway and censure. Again, this requirement was amendment No. 1520 intended to be pro- highway safety construction programs, issued by CMS in 2005 but has not yet posed to S. 1813, a bill to reauthorize and for other purposes. been implemented. Practitioners in Federal-aid highway and highway safe- f states without licensure requirements ty construction programs, and for would need to become accredited in STATEMENTS ON INTRODUCED other purposes. order to continue practicing. The ac- BILLS AND JOINT RESOLUTIONS AMENDMENT NO. 1540 creditation standard would be identical At the request of Mr. BLUNT, the By Mr. WYDEN (for himself, Ms. to the standard adopted by the Vet- name of the Senator from Missouri SNOWE, and Mr. GRASSLEY): erans Administration in 2004. (Mrs. MCCASKILL) was added as a co- S. 2125. A bill to amend title XVIII of The legislation goes a step further by sponsor of amendment No. 1540 in- the Social Security Act to modify the requiring that the Medicare payment is tended to be proposed to S. 1813, a bill designation of accreditation organiza- matched to the qualification of the to reauthorize Federal-aid highway and tions for orthotics and prosthetics, to provider and the complexity of the pa- highway safety construction programs, apply accreditation and licensure re- tient’s needs and the device provided. and for other purposes. quirements to suppliers of such devices This provision will protect patients and items for purposes of payment AMENDMENT NO. 1572 from suppliers with little or no edu- under the Medicare program, and to cation and training to provide com- At the request of Mr. LEVIN, the modify the payment rules for such de- name of the Senator from Michigan prehensive O&P services, while reward- vices and items under such program to ing providers who have secured more (Ms. STABENOW) was added as a cospon- account for practitioner qualifications sor of amendment No. 1572 intended to advanced training and practice on and complexity of care; to the Com- be proposed to S. 1813, a bill to reau- more complex patients. mittee on Finance. These common sense reforms will thorize Federal-aid highway and high- Mr. WYDEN. Mr. President, I rise benefit patients, qualified practitioners way safety construction programs, and today on behalf of patients, practi- and taxpayers. I urge my colleagues to for other purposes. tioners and the American taxpayer to join Senators SNOWE, GRASSLEY and me AMENDMENT NO. 1590 introduce the Medicare Orthotics and in supporting this legislation. At the request of Mr. DEMINT, the Prosthetics Improvement Act of 2012 Mr. President, I ask unanimous con- name of the Senator from Florida (Mr. with my colleagues, Senators SNOWE sent that the text of the bill be printed RUBIO) was added as a cosponsor of and GRASSLEY. in the RECORD. amendment No. 1590 intended to be pro- The current orthotics and pros- There being no objection, the text of posed to S. 1813, a bill to reauthorize thetics, O&P, market is ripe for fraud the bill was ordered to be printed in Federal-aid highway and highway safe- and abuse. Unqualified and dishonest the RECORD, as follows: ty construction programs, and for practitioners are taking advantage of S. 2125 other purposes. patients and Medicare by providing Be it enacted by the Senate and House of Rep- AMENDMENT NO. 1621 substandard O&P products and manipu- resentatives of the United States of America in At the request of Ms. MURKOWSKI, the lating the Medicare payment system. Congress assembled, name of the Senator from Minnesota No rule has been implemented on the SECTION 1. SHORT TITLE. (Ms. KLOBUCHAR) was added as a co- Federal level which would require This Act may be cited as the ‘‘Medicare sponsor of amendment No. 1621 in- these practitioners and providers to be Orthotics and Prosthetics Improvement Act tended to be proposed to S. 1813, a bill licensed or accredited, despite calls of 2012’’. to reauthorize Federal-aid highway and from Congress to do so, and therefore SEC. 2. MODIFICATION OF REQUIREMENTS AP- PLICABLE UNDER MEDICARE TO highway safety construction programs, all comers are able to bill Medicare on DESIGNATION OF ACCREDITATION and for other purposes. the taxpayer’s dime. ORGANIZATIONS FOR SUPPLIERS OF ORTHOTICS AND PROSTHETICS. AMENDMENT NO. 1678 Congress and the Centers for Medi- (a) IN GENERAL.—Section 1834(a)(20)(B) of At the request of Mrs. SHAHEEN, the care and Medicaid Services have tried to address this issue in the past, but the Social Security Act (42 U.S.C. names of the Senator from Mississippi 1395m(a)(20)(B)) is amended— have come up short. In both 2000 and (Mr. WICKER) and the Senator from (1) by striking ‘‘ORGANIZATIONS.—Not later Ohio (Mr. BROWN) were added as co- 2003, Congress passed legislation which than’’ and inserting ‘‘ORGANIZATIONS.— sponsors of amendment No. 1678 in- should have increased the qualification ‘‘(i) IN GENERAL.—Subject to clause (ii), not tended to be proposed to S. 1813, a bill standards for these providers. Unfortu- later than’’; and to reauthorize Federal-aid highway and nately, nothing came of these efforts (2) by adding after clause (i), as added by highway safety construction programs, and a decade later we have a system in paragraph (1), the following new clauses: ‘‘(ii) SPECIAL REQUIREMENTS FOR ACCREDI- and for other purposes. place that does little to discourage fraud and abuse in these fields. TATION OF SUPPLIERS OF ORTHOTICS AND PROS- AMENDMENT NO. 1679 THETICS.—For purposes of applying quality One department, however, has At the request of Mrs. SHAHEEN, the standards under subparagraph (A) for sup- stepped up and taken the lead on this name of the Senator from Oregon (Mr. pliers (other than suppliers described in issue: the Department of Veterans Af- MERKLEY) was added as a cosponsor of clause (iii)) of items and services described fairs. After a program evaluation amendment No. 1679 intended to be pro- in subparagraph (D)(ii), the Secretary shall showed that VA O&P Laboratories did designate and approve an independent ac- posed to S. 1813, a bill to reauthorize not meet quality standards they creditation organization under clause (i) Federal-aid highway and highway safe- changed their policy so that only ac- only if such organization is a Board or pro- ty construction programs, and for credited laboratories and individuals gram described in subsection (h)(1)(F)(iv). other purposes. Not later than January 1, 2013, the Secretary may fabricate prostheses and orthoses. AMENDMENT NO. 1701 shall ensure that at least one independent The rest of the country must follow accreditation organization is designated and At the request of Mr. WHITEHOUSE, the VA’s lead in order to ensure that approved in accordance with this clause. the name of the Senator from Oregon patients from Oregon to Maine have ac- ‘‘(iii) EXCEPTION.—Suppliers described in (Mr. MERKLEY) was added as a cospon- cess to high quality orthotics and pros- this clause are physicians, occupational sor of amendment No. 1701 intended to thetics from a trusted source. Our leg- therapists, or physical therapists who are li- be proposed to S. 1813, a bill to reau- islation accomplishes this goal through censed or otherwise regulated by the State thorize Federal-aid highway and high- measures that would improve the over- in which they are practicing and who receive way safety construction programs, and sight of O&P practitioners. payment under this title, including regula- for other purposes. tions promulgated pursuant to this sub- The Medicare Orthotics and Pros- section.’’. AMENDMENT NO 1707 . thetics Improvement Act would get rid (b) EFFECTIVE DATE.—An organization At the request of Mrs. GILLIBRAND, of unqualified practitioners by prohib- must satisfy the requirement of section the name of the Senator from New iting CMS from making any Medicare 1834(a)(20)(B)(ii), as added by subsection

VerDate Mar 15 2010 01:58 Mar 08, 2012 Jkt 099060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S17FE2.REC S17FE2 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 17, 2012 CONGRESSIONAL RECORD — SENATE S911 (a)(2), not later than January 1, 2013, regard- thetics furnished on or after January 1, 2013, clude a particular item of orthotics or pros- less of whether such organization is des- the Secretary shall take into account the thetics or a related code or in cases in which ignated or approved as an independent ac- complexity of the respective item and, sub- Transmittal 656 is revoked or abridged, the creditation organization before, on, or after ject to clauses (ii), (iii), and (iv), the quali- 2008 Orthotics and Prosthetics Tripartite the date of the enactment of this Act. fications of the individual or entity fur- Document shall be the secondary source for SEC. 3. APPLICATION OF EXISTING ACCREDITA- nishing and fabricating such respective item such category, product, and code assign- TION AND LICENSURE REQUIRE- in accordance with this paragraph. ments. In the case that either of the docu- MENTS TO CERTAIN PROSTHETICS ‘‘(ii) INDIVIDUAL AND ENTITIES EXEMPTED ments described in the previous sentence is AND CUSTOM-FABRICATED OR CUS- FROM PROVIDER QUALIFICATION DESIGNATION updated or reissued, the previous sentence TOM-FITTED ORTHOTICS. CRITERIA.—With respect to an item of shall be applied with respect to the most re- (a) IN GENERAL.—Section 1834(h)(1)(F) of orthotics or prosthetics described in clause cent update or reissuance of such document. the Social Security Act (42 U.S.C. (ii), (iii), (iv) or (v) of subparagraph (C), any ‘‘(C) CATEGORIES OF ORTHOTIC AND PROS- 1395m(h)(1)(F)) is amended— criteria for the provider qualification des- THETIC CARE DESCRIBED.— (1) in the heading, by inserting ‘‘OR CUS- ignations under such respective clause, in- ‘‘(i) CUSTOM FABRICATED LIMB PROSTHETICS TOM-FITTED’’ after ‘‘CUSTOM-FABRICATED’’; cluding application of subparagraph (D), CATEGORY.—The category of orthotic and (2) in clause (i), by striking ‘‘an item of shall not apply to physicians, occupational prosthetic care described in this clause is a custom-fabricated orthotics described in therapists, or physical therapists who are li- category for artificial legs and arms, includ- clause (ii) or for an item of prosthetics un- censed or otherwise regulated by the State ing replacements (as described in section less such item is’’ and inserting ‘‘an item of in which they are practicing and who receive 1861(s)(9)) that are made from detailed meas- orthotics or prosthetics, including an item of payment under this title, including regula- urements, images, or models in accordance custom-fabricated orthotics described in tions promulgated pursuant to this sub- with a prescription and that can only be uti- clause (ii), unless such item is’’; section, for the provision of orthotics and lized by a specific intended patient and for (3) in clause (ii)(II), by striking ‘‘a list of prosthetics. which payment is made under this part. The items to which this subparagraph applies’’ ‘‘(iii) PRACTITIONERS MEDICARE-ELIGIBLE provider qualification designation for the and inserting ‘‘a list of items for purposes of PRIOR TO JANUARY 1, 2013 EXEMPTED.—In the category shall reflect each of the following, clause (i)’’; case of a qualified practitioner or qualified in accordance with subparagraph (D): (4) in clause (iii)(III), by striking ‘‘to pro- supplier who is eligible to receive payment ‘‘(I) The category of care involves the high- vide or manage the provision of prosthetics under this title before January 1, 2013— est level of complexity with substantial clin- and custom-designed or -fabricated ‘‘(I) with respect to an item of orthotics or ical risk. orthotics’’ and inserting ‘‘to provide or man- prosthetics described in clause (i) of subpara- ‘‘(II) The category of care requires a prac- age the provision of orthotics and pros- graph (C), any criteria for the provider quali- titioner who satisfies any of the education thetics (and custom-designed or -fabricated fication designations under such clause, in- requirements described in subclause (III), orthotics, in the case of an item described in cluding application of subparagraph (D), has completed a prosthetic residency accred- clause (ii))’’; and shall not apply to such practitioner or sup- ited by the National Commission on Orthotic (5) by adding at the end the following new plier, respectively, for the furnishing or fab- and Prosthetic Education (‘NCOPE’), and is clause: rication of such an item so described; and certified or licensed in prosthetics to ensure ‘‘(v) EXEMPTION OF OFF-THE-SHELF ‘‘(II) with respect to an item of orthotics the comprehensive provision of prosthetic ORTHOTICS INCLUDED IN A COMPETITIVE ACQUI- or prosthetics described in clause (ii), (iii), or care. SITION PROGRAM.—This subparagraph shall (iv) of subparagraph (C), any criteria for the ‘‘(III) The category of care requires a prac- not apply to an item of orthotics described provider qualification designations under the titioner who has completed any of the fol- in paragraph (2)(C) of section 1847(a) fur- respective clause (or a subsequent clause of lowing education requirements: nished on or after January 1, 2013, that is in- such subparagraph), including application of ‘‘(aa) A bachelor’s degree or master’s de- cluded in a competitive acquisition program subparagraph (D), shall not apply to such gree in prosthetics as offered by educational in a competitive acquisition area under such practitioner or supplier, respectively, for the institutions accredited by the Commission section.’’. furnishing or fabrication of such an item de- on Accreditation of Allied Health Education (b) EFFECTIVE DATE.—The amendments scribed in such respective (or such subse- Programs. made by subsection (a) shall apply to quent) clause. ‘‘(bb) A bachelor’s degree, plus a certificate orthotics and prosthetics furnished on or ‘‘(iv) DELAYED APPLICATION OF CERTAIN PRO- in prosthetics as offered by educational in- after January 1, 2013. VIDER QUALIFICATION DESIGNATION CRITERIA.— stitutions accredited by the Commission on SEC. 4. ELIGIBILITY FOR MEDICARE PAYMENT The provider qualification designations Accreditation of Allied Health Education FOR ORTHOTICS AND PROSTHETICS under clauses (i), (ii), and (iii) of subpara- Programs. BASED ON PRACTITIONER QUALI- graph (C), including the application of sub- ‘‘(cc) A foreign degree determined by the FICATIONS AND COMPLEXITY OF paragraph (D) to such clauses, shall not be World Education Service to be equivalent to CARE. taken into account with respect to payment an educational program in prosthetics ac- Section 1834(h) of the Social Security Act made under this subsection for orthotics and credited by the Commission on Accredita- (42 U.S.C. 1395m(h)) is amended— prosthetics furnished before January 1, 2014. tion of Allied Health Education Programs. (1) in paragraph (1)(F)(iii), in the matter ‘‘(v) MODIFICATIONS.—The Secretary shall, ‘‘(ii) CUSTOM FABRICATED ORTHOTICS CAT- preceding subclause (I), by striking ‘‘other in consultation with the Boards and pro- EGORY.—The category of orthotics and pros- individual who’’ and inserting ‘‘other indi- grams described in paragraph (1)(F)(iv), peri- thetics care described in this clause is a cat- vidual who, with respect to a category of odically review the criteria for the provider egory for custom-fabricated orthotics that orthotics and prosthetics care described in qualification designation under subpara- are made from detailed measurements, im- clause (i), (ii), (iii), (iv), or (v) of paragraph graph (C)(i)(III) and may implement by regu- ages, or models in accordance with a pre- (5)(C) furnished on or after January 1, 2013, lation any modifications to such criteria, as scription and that can only be utilized by a and subject to paragraph (5)(A), satisfies all determined appropriate in accordance with specific intended patient. The provider quali- applicable criteria of the provider qualifica- such consultation. Any such modification fication designation for the category shall tion designation for such category described shall take effect no earlier than January 1, reflect the following, in accordance with sub- in the respective clause, and who’’; 2015. paragraph (D): (2) in paragraph (1)(F)(iv), by inserting be- ‘‘(B) ASSIGNMENT OF BILLING CODES.—For ‘‘(I) The category of care involves the high- fore the period the following: ‘‘and, with re- purposes of subparagraph (A), the Secretary, est level of complexity with substantial clin- spect to a category of orthotics and pros- in consultation with representatives of the ical risk. thetics care described in clause (i), (ii), (iii), fields of occupational therapy, physical ther- ‘‘(II) The category of care requires a prac- (iv), or (v) of paragraph (5)(C) furnished on or apy, orthotics, and prosthetics shall utilize titioner who satisfies any of the education after January 1, 2013, and subject to para- and incorporate the set of L-codes listed, as requirements described in clause (i)(III) (ex- graph (5)(A), satisfies all applicable criteria of the date of the enactment of this para- cept that for purposes of this subclause such of the provider qualification designation for graph, in the Centers for Medicare & Med- clause shall be applied by substituting the such category described in the respective icaid Services document entitled Trans- term ‘orthotics’ each place the term ‘pros- clause’’; and mittal 656 (CMS Pub. 100 04, Change Request thetics’ is used), has completed an orthotic (3) by adding at the end the following new 3959, August 19, 2005) and the 2008 Orthotics residency accredited by the National Com- paragraph: and Prosthetics Tripartite Document, a mission on Orthotic and Prosthetic Edu- ‘‘(5) ELIGIBILITY FOR PAYMENT BASED ON multi-organization compilation of HCPCS cation, and is certified or licensed in PRACTITIONER QUALIFICATIONS AND COM- codes. Transmittal 656 shall be the control- orthotics to ensure the appropriate provision PLEXITY OF CARE.— ling source of category, product, and code as- of orthotic care. ‘‘(A) CONSIDERATIONS FOR ELIGIBILITY FOR signments for the orthotics and prosthetics ‘‘(iii) CUSTOM FITTED HIGH ORTHOTICS CAT- PAYMENTS.— care described in each of clauses (i) through EGORY.—The category of orthotic care de- ‘‘(i) IN GENERAL.—In applying clauses (iii) (v) of subparagraph (C) using the provider scribed in this clause is a category for pre- and (iv) of paragraph (1)(F) for purposes of qualification designation for each HCPCS fabricated orthotics that are manufactured determining whether payment may be made code as stated in such document and, in with no specific patient in mind, but that are under this subsection for orthotics and pros- cases in which Transmittal 656 does not in- appropriately sized, adapted, modified, and

VerDate Mar 15 2010 01:58 Mar 08, 2012 Jkt 099060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S17FE2.REC S17FE2 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S912 CONGRESSIONAL RECORD — SENATE February 17, 2012 configured (with the required tools and tation requirements under section orthotics described in subsection (a)(2)(C) of equipment) to a specific patient in accord- 1834(h)(1)(F) of the Social Security Act, as that section, that are included in a competi- ance with a prescription. The provider quali- amended by section 3, are enforced. Such re- tive acquisition program in a competitive fication designation for the category shall port shall include a determination of the ex- acquisition area under that section. reflect the following, in accordance with sub- tent to which payments for orthotics and f paragraph (D): prosthetics under the Medicare program ‘‘(I) The category of care involves mod- under title XVIII of such Act are made only AMENDMENTS SUBMITTED AND erate to high complexity with substantial to those providers of services and suppliers PROPOSED clinical risk. that meet the relevant accreditation and li- SA 1709. Mr. BENNET (for himself and Mr. ‘‘(II) The category of care requires a prac- censure requirements under such section and MORAN) submitted an amendment intended titioner who either— a determination of whether additional steps to be proposed by him to the bill S. 1813, to ‘‘(aa) satisfies any of the education re- are needed. reauthorize Federal-aid highway and high- quirements described in clause (i)(III), except (b) REPORT ON FRAUD AND ABUSE.—Not way safety construction programs, and for that for purposes of this subclause such later than 30 months after the date of the en- other purposes; which was ordered to lie on clause shall be applied by substituting the actment of this Act, the Secretary of Health the table. term ‘orthotics’ each place the term ‘pros- and Human Services shall submit to Con- SA 1710. Mr. MENENDEZ (for himself and thetics’ is used; or gress a report on the effect of the require- Mr. SANDERS) submitted an amendment in- ‘‘(bb) is certified or licensed in orthotics to ments under subsection (a)(20)(B)(ii) of sec- tended to be proposed by him to the bill S. ensure the appropriate provision of orthotic tion 1834 of the Social Security Act (42 1813, supra; which was ordered to lie on the care within the practitioner’s normal scope U.S.C. 1395m), as added by section 2, and sub- table. of practice. section (h)(1)(F) of such section, as amended SA 1711. Mr. HATCH submitted an amend- ‘‘(iv) CUSTOM FITTED LOW ORTHOTICS CAT- by section 3, on the occurrence of fraud and ment intended to be proposed by him to the EGORY.—The category of orthotics and pros- abuse under the Medicare program under bill S. 1813, supra; which was ordered to lie thetics care described in this clause is a cat- title XVIII of such Act, with respect to on the table. egory for prefabricated orthotics that are orthotics and prosthetics for which payment SA 1712. Mr. HATCH submitted an amend- manufactured with no specific patient in is made under such program. ment intended to be proposed by him to the mind, but that are appropriately sized and SEC. 7. REDUCTION IN MEDICARE SPENDING. bill S. 1813, supra; which was ordered to lie adjusted to a specific patient in accordance (a) PROJECTION OF CUMULATIVE EFFECT ON on the table. with a prescription. The provider qualifica- SPENDING.—Not later than December 31, 2013, SA 1713. Mr. HATCH submitted an amend- tion designation for the category shall re- the Secretary of Health and Human Services ment intended to be proposed by him to the flect the following: (in this section referred to as the ‘‘Sec- bill S. 1813, supra; which was ordered to lie ‘‘(I) The category of care involves a low retary’’), acting through the Chief Actuary on the table. level of complexity and low clinical risk. of the Centers for Medicare & Medicaid Serv- SA 1714. Mrs. HUTCHISON submitted an ‘‘(II) The category of care requires a sup- ices (in this section referred to as the ‘‘Chief amendment intended to be proposed by her plier that is certified or licensed within a Actuary’’), shall submit to Congress, and to the bill S. 1813, supra; which was ordered limited scope of practice to ensure appro- have published in the Federal Register, a to lie on the table. priate provision of orthotic care. The sup- projection of the effect on cumulative Fed- SA 1715. Mr. SCHUMER submitted an plier’s education and training shall ensure eral spending under part B of title XVIII of amendment intended to be proposed by him that basic clinical knowledge and technical the Social Security Act for the period of to the bill S. 1813, supra; which was ordered expertise is available to confirm successful years 2013 through 2017 as a result of the im- to lie on the table. fit and device compliance with the prescrip- plementation of the provisions of, and SA 1716. Mr. SCHUMER submitted an tion. amendments made by, this Act. amendment intended to be proposed by him ‘‘(v) OFF-THE-SHELF.—The category of (b) STRENGTHENING STANDARDS APPLICABLE to the bill S. 1813, supra; which was ordered orthotic care described in this clause is de- IF SAVINGS NOT ACHIEVED.— to lie on the table. scribed in section 1847(a)(2)(C). The provider (1) IN GENERAL.—Subject to paragraph (2), SA 1717. Mr. SCHUMER submitted an qualification designation for the category if the Chief Actuary projects under sub- amendment intended to be proposed by him shall reflect that no formal credentialing, section (a) that the implementation of the to the bill S. 1813, supra; which was ordered clinical education, or technical training is provisions of, and amendments made by, this to lie on the table. required to dispense such items. Act will not result in a cumulative reduction SA 1718. Mr. SCHUMER submitted an ‘‘(D) CARE BASED ON SOUND CLINICAL JUDG- in spending under such part of at least amendment intended to be proposed by him MENT AND TECHNICAL EXPERTISE.—Care de- $250,000,000 for the period of years 2013 to the bill S. 1813, supra; which was ordered scribed in clauses (i), (ii), and (iii) of sub- through 2017 (using a 2012 baseline), the Sec- to lie on the table. paragraph (C) shall be based on sound clin- retary shall, in accordance with the Chief SA 1719. Mr. SCHUMER submitted an ical judgment and technical expertise based Actuary’s projection, issue an interim final amendment intended to be proposed by him on the practitioner’s education and clinical regulation (to take effect for 2014 and subse- to the bill S. 1813, supra; which was ordered training, in order to allow the practitioner quent years) with a period for public com- to lie on the table. to determine— ment on such regulation after the date of SA 1720. Mr. AKAKA submitted an amend- ‘‘(i) with respect to care described in clause publication to strengthen the licensure, ac- ment intended to be proposed by him to the (i) or (ii) of subparagraph (C), the device pa- creditation, and quality standards applicable bill S. 1813, supra; which was ordered to lie rameters and design, fabrication process, and to suppliers of orthotics and prosthetics on the table. functional purpose specific to the needs of under title XVIII of the Social Security Act, SA 1721. Mr. AKAKA (for himself, Ms. MUR- the patient to maximize optimal clinical including such standards described in sub- KOWSKI, Mr. INOUYE, and Mr. BEGICH) sub- outcomes; and sections (a)(20) and (h)(1)(F) of section 1834 of mitted an amendment intended to be pro- ‘‘(ii) with respect to care described in such Act (42 U.S.C. 1395m), as amended by posed by him to the bill S. 1813, supra; which clause (iii) of such subparagraph, the appro- this Act, in order to produce such cumu- was ordered to lie on the table. priate device relative to the diagnosis and lative reduction by December 31, 2017. SA 1722. Mr. LIEBERMAN (for himself and specific to the needs of the patient to maxi- (2) EXCEPTION.—The interim final regula- Ms. COLLINS) submitted an amendment in- mize optimal clinical outcomes.’’. tion issued under paragraph (1) shall not tended to be proposed by him to the bill S. SEC. 5. CONSULTATION. apply to a qualified physical therapist or 1813, supra; which was ordered to lie on the In implementing the provisions of, and qualified occupational therapist (as de- table. amendments made by, this Act, the Sec- scribed in section 1834(h)(1)(F)(iii) of the So- SA 1723. Mr. NELSON of Florida (for him- retary of Health and Human Services shall cial Security Act (42 U.S.C. self and Mr. BINGAMAN) submitted an amend- consult with appropriate experts in orthotics 1395m(h)(1)(F)(iii))). ment intended to be proposed by him to the and prosthetics, including practitioners that SEC. 8. NO EFFECT ON PAYMENT BASIS FOR bill S. 1813, supra; which was ordered to lie furnish items within the categories of ORTHOTICS AND PROSTHETICS OR on the table. orthotic and prosthetic care described in sec- COMPETITIVE BIDDING PROGRAMS. SA 1724. Mr. BEGICH submitted an amend- tion 1834(h)(5)(C) of the Social Security Act, Nothing in the provisions of, or amend- ment intended to be proposed by him to the as added by section 4. ments made by, this Act shall have any ef- bill S. 1813, supra; which was ordered to lie SEC. 6. REPORTS. fect on— on the table. (a) REPORT ON ENFORCING NEW LICENSING (1) the determination of the payment basis SA 1725. Mr. LAUTENBERG submitted an AND ACCREDITATION REQUIREMENTS.—Not for orthotics and prosthetics under section amendment intended to be proposed by him later than 18 months after the date of the en- 1834(h) of the Social Security Act (42 U.S.C. to the bill S. 1813, supra; which was ordered actment of this Act, the Secretary of Health 1395m(h)); or to lie on the table. and Human Services shall submit to Con- (2) the implementation of competitive ac- SA 1726. Mr. BLUMENTHAL submitted an gress a report on the steps taken by the De- quisition programs under section 1847 of such amendment intended to be proposed by him partment of Health and Human Services to Act (42 U.S.C. 1395w 3), including such imple- to the bill S. 1813, supra; which was ordered ensure that the State licensure and accredi- mentation with respect to off-the-shelf to lie on the table.

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SA 1727. Mr. BLUMENTHAL submitted an (b) TABLE OF CONTENTS.—The table of con- erally imposed under the laws of a foreign amendment intended to be proposed by him tents of this division is as follows: country or possession on income derived to the bill S. 1813, supra; which was ordered DIVISION l—CLOSING BIG OIL TAX from the conduct of a trade or business with- to lie on the table. LOOPHOLES in such country or possession. SA 1728. Mr. BLUMENTHAL submitted an ‘‘(B) EXCEPTIONS.—Such term shall not in- Sec. l0001. Short title; table of contents. amendment intended to be proposed by him clude a tax unless it has substantial applica- to the bill S. 1813, supra; which was ordered TITLE I—CLOSE BIG OIL TAX tion, by its terms and in practice, to— to lie on the table. LOOPHOLES ‘‘(i) persons who are not dual capacity tax- SA 1729. Mrs. FEINSTEIN submitted an Sec. l0101. Modifications of foreign tax payers, and amendment intended to be proposed by her credit rules applicable to major ‘‘(ii) persons who are citizens or residents to the bill S. 1813, supra; which was ordered integrated oil companies which of the foreign country or possession.’’. to lie on the table. are dual capacity taxpayers. (b) EFFECTIVE DATE.— SA 1730. Mr. REID proposed an amendment Sec. l0102. Limitation on section 199 deduc- (1) IN GENERAL.—The amendments made by to the bill S. 1813, supra. tion attributable to oil, natural this section shall apply to taxes paid or ac- SA 1731. Mr. MANCHIN (for himself and gas, or primary products there- crued in taxable years beginning after the Mr. BLUMENTHAL) submitted an amendment of. date of the enactment of this Act. intended to be proposed by him to the bill S. Sec. l0103. Limitation on deduction for in- (2) CONTRARY TREATY OBLIGATIONS 1813, supra; which was ordered to lie on the tangible drilling and develop- UPHELD.—The amendments made by this sec- table. ment costs. tion shall not apply to the extent contrary SA 1732. Mr. MANCHIN submitted an Sec. l0104. Limitation on percentage deple- to any treaty obligation of the United amendment intended to be proposed by him tion allowance for oil and gas States. to the bill S. 1813, supra; which was ordered wells. SEC. l0102. LIMITATION ON SECTION 199 DEDUC- to lie on the table. Sec. l0105. Limitation on deduction for ter- TION ATTRIBUTABLE TO OIL, NAT- SA 1733. Mrs. MURRAY (for herself, Ms. tiary injectants. URAL GAS, OR PRIMARY PRODUCTS MURKOWSKI, Ms. CANTWELL, Mr. BEGICH, Mrs. TITLE II—OUTER CONTINENTAL SHELF THEREOF. GILLIBRAND, and Mr. SCHUMER) submitted an OIL AND NATURAL GAS (a) DENIAL OF DEDUCTION.—Paragraph (4) of amendment intended to be proposed by her section 199(c) of the Internal Revenue Code Sec. l0201. Repeal of outer Continental to the bill S. 1813, supra; which was ordered of 1986 is amended by adding at the end the to lie on the table. Shelf deep water and deep gas royalty relief. following new subparagraph: SA 1734. Mr. NELSON of Florida submitted ‘‘(E) SPECIAL RULE FOR CERTAIN OIL AND GAS an amendment intended to be proposed by TITLE III—MISCELLANEOUS INCOME.—In the case of any taxpayer who is him to the bill S. 1813, supra; which was or- Sec. l0301. Deficit reduction. a major integrated oil company (as defined dered to lie on the table. Sec. l0302. Budgetary effects. in section 167(h)(5)(B)) for the taxable year, SA 1735. Mr. NELSON of Florida submitted TITLE I—CLOSE BIG OIL TAX LOOPHOLES the term ‘domestic production gross re- an amendment intended to be proposed by ceipts’ shall not include gross receipts from SEC. l0101. MODIFICATIONS OF FOREIGN TAX him to the bill S. 1813, supra; which was or- the production, transportation, or distribu- dered to lie on the table. CREDIT RULES APPLICABLE TO MAJOR INTEGRATED OIL COMPA- tion of oil, natural gas, or any primary prod- f NIES WHICH ARE DUAL CAPACITY uct (within the meaning of subsection (d)(9)) TEXT OF AMENDMENTS TAXPAYERS. thereof.’’. (a) IN GENERAL.—Section 901 of the Inter- (b) EFFECTIVE DATE.—The amendment SA 1709. Mr. BENNET (for himself nal Revenue Code of 1986 is amended by re- made by this section shall apply to taxable and Mr. MORAN) submitted an amend- designating subsection (n) as subsection (o) years beginning after December 31, 2012. ment intended to be proposed by him and by inserting after subsection (m) the fol- SEC. l0103. LIMITATION ON DEDUCTION FOR IN- to the bill S. 1813, to reauthorize Fed- lowing new subsection: TANGIBLE DRILLING AND DEVELOP- eral-aid highway and highway safety ‘‘(n) SPECIAL RULES RELATING TO MAJOR IN- MENT COSTS. construction programs, and for other TEGRATED OIL COMPANIES WHICH ARE DUAL (a) IN GENERAL.—Section 263(c) of the In- CAPACITY TAXPAYERS.— ternal Revenue Code of 1986 is amended by purposes; which was ordered to lie on ‘‘(1) GENERAL RULE.—Notwithstanding any adding at the end the following new sen- the table; as follows: other provision of this chapter, any amount tence: ‘‘This subsection shall not apply to In division D, on page 728, between lines 17 paid or accrued by a dual capacity taxpayer amounts paid or incurred by a taxpayer in and 18, insert the following: which is a major integrated oil company (as any taxable year in which such taxpayer is a SEC. lllll. EXTENSION OF WIND ENERGY defined in section 167(h)(5)(B)) to a foreign major integrated oil company (as defined in CREDIT. country or possession of the United States section 167(h)(5)(B)).’’. Paragraph (1) of section 45(d) of the Inter- for any period shall not be considered a tax— (b) EFFECTIVE DATE.—The amendment nal Revenue Code of 1986 is amended by ‘‘(A) if, for such period, the foreign country made by this section shall apply to amounts striking ‘‘January 1, 2013’’ and inserting or possession does not impose a generally ap- paid or incurred in taxable years beginning ‘‘January 1, 2014’’. plicable income tax, or after December 31, 2012. SEC. lllll. COST OFFSET FOR EXTENSION OF ‘‘(B) to the extent such amount exceeds the SEC. l0104. LIMITATION ON PERCENTAGE DE- WIND ENERGY CREDIT, AND DEFICIT amount (determined in accordance with reg- PLETION ALLOWANCE FOR OIL AND REDUCTION, RESULTING FROM ulations) which— GAS WELLS. DELAY IN APPLICATION OF WORLD- ‘‘(i) is paid by such dual capacity taxpayer (a) IN GENERAL.—Section 613A of the Inter- WIDE ALLOCATION OF INTEREST. pursuant to the generally applicable income nal Revenue Code of 1986 is amended by add- (a) IN GENERAL.—Paragraphs (5)(D) and (6) tax imposed by the country or possession, or ing at the end the following new subsection: of section 864(f) of the Internal Revenue Code ‘‘(ii) would be paid if the generally applica- ‘‘(f) APPLICATION WITH RESPECT TO MAJOR of 1986 are each amended by striking ‘‘De- ble income tax imposed by the country or INTEGRATED OIL COMPANIES.—In the case of cember 31, 2020’’ and inserting ‘‘December 31, possession were applicable to such dual ca- any taxable year in which the taxpayer is a 2021’’. pacity taxpayer. major integrated oil company (as defined in (b) EFFECTIVE DATE.—The amendments Nothing in this paragraph shall be construed section 167(h)(5)(B)), the allowance for per- made by this section shall take effect on the centage depletion shall be zero.’’. date of the enactment of this Act. to imply the proper treatment of any such amount not in excess of the amount deter- (b) EFFECTIVE DATE.—The amendment made by this section shall apply to taxable SA 1710. Mr. MENENDEZ (for himself mined under subparagraph (B). ‘‘(2) DUAL CAPACITY TAXPAYER.—For pur- years beginning after December 31, 2012. and Mr. SANDERS) submitted an amend- poses of this subsection, the term ‘dual ca- SEC. l0105. LIMITATION ON DEDUCTION FOR ment intended to be proposed by him pacity taxpayer’ means, with respect to any TERTIARY INJECTANTS. to the bill S. 1813, to reauthorize Fed- foreign country or possession of the United (a) IN GENERAL.—Section 193 of the Inter- eral-aid highway and highway safety States, a person who— nal Revenue Code of 1986 is amended by add- construction programs, and for other ‘‘(A) is subject to a levy of such country or ing at the end the following new subsection: purposes; which was ordered to lie on possession, and ‘‘(d) APPLICATION WITH RESPECT TO MAJOR the table; as follows: ‘‘(B) receives (or will receive) directly or INTEGRATED OIL COMPANIES.—This section indirectly a specific economic benefit (as de- shall not apply to amounts paid or incurred At the end, insert the following: termined in accordance with regulations) by a taxpayer in any taxable year in which DIVISION ll—CLOSING BIG OIL TAX from such country or possession. such taxpayer is a major integrated oil com- LOOPHOLES ‘‘(3) GENERALLY APPLICABLE INCOME TAX.— pany (as defined in section 167(h)(5)(B)).’’. SEC. l0001. SHORT TITLE; TABLE OF CONTENTS. For purposes of this subsection— (b) EFFECTIVE DATE.—The amendment (a) SHORT TITLE.—This division may be ‘‘(A) IN GENERAL.—The term ‘generally ap- made by this section shall apply to amounts cited as the ‘‘Close Big Oil Tax Loopholes plicable income tax’ means an income tax paid or incurred in taxable years beginning Act’’. (or a series of income taxes) which is gen- after December 31, 2012.

VerDate Mar 15 2010 01:58 Mar 08, 2012 Jkt 099060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S17FE2.REC S17FE2 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S914 CONGRESSIONAL RECORD — SENATE February 17, 2012 TITLE II—OUTER CONTINENTAL SHELF Sec. 40202. Portion of Leaking Underground (1) by striking ‘‘Surface Transportation OIL AND NATURAL GAS Storage Tank Trust Fund fi- Extension Act of 2011, Part II’’ each place it SEC. l0201. REPEAL OF OUTER CONTINENTAL nancing rate transferred to appears in subsection (b)(2) and inserting SHELF DEEP WATER AND DEEP GAS Highway Trust Fund. ‘‘Moving Ahead for Progress in the 21st Cen- ROYALTY RELIEF. Sec. 40203. Internal Revenue Service levies tury Act’’; and (a) IN GENERAL.—Sections 344 and 345 of and Thrift Savings Plan Ac- (2) by striking ‘‘April 1, 2012’’ in subsection the Energy Policy Act of 2005 (42 U.S.C. 15904, counts. (d)(2) and inserting ‘‘October 1, 2013’’. 15905) are repealed. Sec. 40204. Rescission of funds for the ad- (c) LEAKING UNDERGROUND STORAGE TANK (b) ADMINISTRATION.—The Secretary of the vanced technology vehicles TRUST FUND.—Paragraph (2) of section Interior shall not be required to provide for manufacturing incentive pro- 9508(e) of the Internal Revenue Code of 1986 is royalty relief in the lease sale terms begin- gram. amended by striking ‘‘April 1, 2012’’ and in- ning with the first lease sale held on or after Sec. 40205. Rescission of unspent Federal serting ‘‘October 1, 2013’’. the date of enactment of this Act for which funds. (d) ESTABLISHMENT OF SOLVENCY AC- a final notice of sale has not been published. Sec. 40206. Deposit in highway trust fund. COUNT.—Section 9503 of the Internal Revenue TITLE III—MISCELLANEOUS Code of 1986 is amended by adding at the end DIVISION E—ENERGY DEVELOPMENT the following new subsection: SEC. l0301. DEFICIT REDUCTION. TITLE I—EXPANDING OFFSHORE ‘‘(g) ESTABLISHMENT OF SOLVENCY AC- The net amount of any savings realized as ENERGY DEVELOPMENT COUNT.— a result of the enactment of this division and ‘‘(1) CREATION OF ACCOUNT.—There is estab- the amendments made by this division (after Sec. 51001. Outer Continental Shelf leasing program. lished in the Highway Trust Fund a separate any expenditures authorized by this division account to be known as the ‘Solvency Ac- and the amendments made by this division) Sec. 51002. Domestic oil and natural gas pro- duction goal. count’ consisting of such amounts as may be shall be deposited in the Treasury and used transferred or credited to the Solvency Ac- TITLE II—CONDUCTING PROMPT for Federal budget deficit reduction or, if count as provided in this section or section OFFSHORE LEASE SALES there is no Federal budget deficit, for reduc- 9602(b). ing the Federal debt in such manner as the Sec. 52001. Requirement to conduct proposed ‘‘(2) TRANSFERS TO SOLVENCY ACCOUNT.— Secretary of the Treasury considers appro- oil and gas Lease Sale 216 in the The Secretary of the Treasury shall transfer priate. Central Gulf of Mexico. to the Solvency Account the excess of— SEC. l0302. BUDGETARY EFFECTS. Sec. 52002. Requirement to conduct proposed ‘‘(A) any amount appropriated to the High- The budgetary effects of this Act, for the oil and gas Lease Sale 220 on way Trust Fund before October 1, 2013, by purpose of complying with the Statutory the Outer Continental Shelf off- reason of the provisions of, and amendments Pay-As-You-Go-Act of 2010, shall be deter- shore Virginia. made by, the Highway Investment, Job Cre- mined by reference to the latest statement Sec. 52003. Requirement to conduct proposed ation, and Economic Growth Act of 2012, over titled ‘‘Budgetary Effects of PAYGO Legisla- oil and gas Lease Sale 222 in the ‘‘(B) the amount necessary to meet the re- tion’’ for this Act, submitted for printing in Central Gulf of Mexico. quired expenditures from the Highway Trust the Congressional Record by the Chairman of Sec. 52004. Additional leases. Fund under subsection (c) for the period end- the Senate Budget Committee, provided that Sec. 52005. Definitions. ing before October 1, 2013. such statement has been submitted prior to TITLE III—LEASING IN NEW OFFSHORE ‘‘(3) EXPENDITURES FROM ACCOUNT.— the vote on passage. AREAS Amounts in the Solvency Account shall be available for transfers to the Highway Ac- SA 1711. Mr. HATCH submitted an Sec. 53001. Leasing in the Eastern Gulf of Mexico. count (as defined in subsection (e)(5)(B)) and amendment intended to be proposed by the Mass Transit Account in such amounts him to the bill S. 1813, to reauthorize Sec. 53002. Leasing offshore of territories of the United States. as determined necessary by the Secretary to Federal-aid highway and highway safe- ensure that each account has a surplus bal- ty construction programs, and for TITLE IV—OUTER CONTINENTAL SHELF ance of $2,800,000,000 on September 30, 2013. REVENUE SHARING other purposes; which was ordered to ‘‘(4) TERMINATION OF ACCOUNT.—The Sol- lie on the table; as follows: Sec. 54001. Disposition of Outer Continental vency Account shall terminate on September Shelf revenues. 30, 2013, and the Secretary shall transfer any On page l, between lines l and l, insert remaining balance in the Account on such the following: TITLE V—COASTAL PLAIN Sec. 55001. Definitions. date to the Highway Trust Fund.’’. SEC. ll. NONAPPLICATION OF DAVIS-BACON. (e) EFFECTIVE DATE.—The amendments Sec. 55002. Leasing program for lands within The wage-rate requirements of subchapter made by this section shall take effect on IV of chapter 31 of part A of subtitle II of the Coastal Plain. April 1, 2012. Sec. 55003. Lease sales. title 40, United States Code (commonly re- SEC. 40102. EXTENSION OF HIGHWAY-RELATED ferred to as the ‘‘Davis-Bacon Act’’) shall not Sec. 55004. Grant of leases by the Secretary. TAXES. Sec. 55005. Lease terms and conditions. apply with respect to any project or program (a) IN GENERAL.— funded with amounts from the Highway Sec. 55006. Coastal Plain environmental pro- (1) Each of the following provisions of the Trust Fund. tection. Internal Revenue Code of 1986 is amended by Sec. 55007. Expedited judicial review. striking ‘‘March 31, 2012’’ and inserting ‘‘Sep- SA 1712. Mr. HATCH submitted an Sec. 55008. Treatment of revenues. tember 30, 2015’’: amendment intended to be proposed by Sec. 55009. Rights-of-way across the Coastal (A) Section 4041(a)(1)(C)(iii)(I). him to the bill S. 1813, to reauthorize Plain. (B) Section 4041(m)(1)(B). Federal-aid highway and highway safe- Sec. 55010. Conveyance. (C) Section 4081(d)(1). ty construction programs, and for TITLE VI—OIL SHALE AND TAR SANDS (2) Each of the following provisions of such other purposes; which was ordered to LEASING Code is amended by striking ‘‘April 1, 2012’’ lie on the table; as follows: Sec. 56001. Effectiveness of oil shale regula- and inserting ‘‘October 1, 2015’’: (A) Section 4041(m)(1)(A). At the end, add the following: tions, amendments to resource management plans, and record (B) Section 4051(c). DIVISION D—FINANCE of decision. (C) Section 4071(d). SEC. 40001. SHORT TITLE; TABLE OF CONTENTS. Sec. 56002. Oil shale and tar sands leasing. (D) Section 4081(d)(3). (a) SHORT TITLE.—This division may be (b) EXTENSION OF TAX, ETC., ON USE OF CER- TITLE I—EXTENSION OF HIGHWAY TRUST cited as the ‘‘Highway Investment, Job Cre- TAIN HEAVY VEHICLES.—Each of the following FUND EXPENDITURE AUTHORITY AND ation, and Economic Growth Act of 2012’’. provisions of the Internal Revenue Code of RELATED TAXES (b) TABLE OF CONTENTS.—The table of con- 1986 is amended by striking ‘‘2012’’ and in- tents for this division is as follows: SEC. 40101. EXTENSION OF TRUST FUND EXPEND- serting ‘‘2015’’: DIVISION D—FINANCE ITURE AUTHORITY. (1) Section 4481(f). (a) HIGHWAY TRUST FUND.—Section 9503 of Sec. 40001. Short title; table of contents. (2) Subsections (c)(4) and (d) of section 4482. the Internal Revenue Code of 1986 is amend- (c) FLOOR STOCKS REFUNDS.—Section TITLE I—EXTENSION OF HIGHWAY ed— 6412(a)(1) of the Internal Revenue Code of TRUST FUND EXPENDITURE AUTHOR- (1) by striking ‘‘April 1, 2012’’ in sub- 1986 is amended— ITY AND RELATED TAXES sections (b)(6)(B), (c)(1), and (e)(3) and insert- (1) by striking ‘‘April 1, 2012’’ each place it Sec. 40101. Extension of trust fund expendi- ing ‘‘October 1, 2013’’; and appears and inserting ‘‘October 1, 2015’’; ture authority. (2) by striking ‘‘Surface Transportation (2) by striking ‘‘September 30, 2012’’ each Sec. 40102. Extension of highway-related Extension Act of 2011, Part II’’ in subsections place it appears and inserting ‘‘March 31, taxes. (c)(1) and (e)(3) and inserting ‘‘Moving Ahead 2016’’; and TITLE II—REVENUE PROVISIONS for Progress in the 21st Century Act’’. (3) by striking ‘‘July 1, 2012’’ and inserting Sec. 40201. Transfer from Leaking Under- (b) SPORT FISH RESTORATION AND BOATING ‘‘January 1, 2016’’. ground Storage Tank Trust TRUST FUND.—Section 9504 of the Internal (d) EXTENSION OF CERTAIN EXEMPTIONS.— Fund to Highway Trust Fund. Revenue Code of 1986 is amended— Sections 4221(a) and 4483(i) of the Internal

VerDate Mar 15 2010 01:58 Mar 08, 2012 Jkt 099060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S17FE2.REC S17FE2 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 17, 2012 CONGRESSIONAL RECORD — SENATE S915 Revenue Code of 1986 are each amended by There are hereby appropriated to the High- SEC. 40206. DEPOSIT IN HIGHWAY TRUST FUND. striking ‘‘April 1, 2012’’ and inserting ‘‘Octo- way Trust Fund amounts equivalent to one- There shall be deposited in the Highway ber 1, 2015’’. third of the taxes received in the Treasury Trust Fund (e) EXTENSION OF TRANSFERS OF CERTAIN under— (1) any amounts rescinded under this title; TAXES.— ‘‘(A) section 4041(d) (relating to additional and (1) IN GENERAL.—Section 9503 of the Inter- taxes on motor fuels), (2) any amounts collected by the United nal Revenue Code of 1986 is amended— ‘‘(B) section 4081 (relating to tax on gaso- States under this title or division E (includ- (A) in subsection (b)— line, diesel fuel, and kerosene) to the extent ing an amendment made by this title or divi- (i) by striking ‘‘April 1, 2012’’ each place it attributable to the Leaking Underground sion E). appears in paragraphs (1) and (2) and insert- Storage Tank Trust Fund financing rate DIVISION E—ENERGY DEVELOPMENT ing ‘‘October 1, 2015’’; under such section, and TITLE I—EXPANDING OFFSHORE ENERGY (ii) by striking ‘‘APRIL 1, 2012’’ in the head- ‘‘(C) section 4042 (relating to tax on fuel DEVELOPMENT ing of paragraph (2) and inserting ‘‘OCTOBER used in commercial transportation on inland SEC. 51001. OUTER CONTINENTAL SHELF LEAS- 1, 2015’’; waterways) to the extent attributable to the ING PROGRAM. (iii) by striking ‘‘March 31, 2012’’ in para- Leaking Underground Storage Tank Trust Section 18(a) of the Outer Continental graph (2) and inserting ‘‘September 30, 2015’’; Fund financing rate under such section. Shelf Lands Act (43 U.S.C. 1344(a)) is amend- and For purposes of this paragraph, there shall ed by adding at the end the following: (iv) by striking ‘‘January 1, 2013’’ in para- not be taken into account the taxes imposed ‘‘(5)(A) In each oil and gas leasing program graph (2) and inserting ‘‘July 1, 2016’’; and by sections 4041 and 4081 on diesel fuel sold under this section, the Secretary shall make (B) in subsection (c)(2), by striking ‘‘Janu- for use or used as fuel in a diesel-powered available for leasing and conduct lease sales ary 1, 2013’’ and inserting ‘‘July 1, 2016’’. boat.’’. including— (2) MOTORBOAT AND SMALL-ENGINE FUEL TAX (b) CONFORMING AMENDMENTS.— ‘‘(i) at least 50 percent of the available un- TRANSFERS.— (1) Paragraphs (1), (2), and (3) of section leased acreage within each outer Continental (A) IN GENERAL.—Paragraphs (3)(A)(i) and 9508(b) of the Internal Revenue Code of 1986 Shelf planning area considered to have the (4)(A) of section 9503(c) of such Code are each are each amended by inserting ‘‘two-thirds of largest undiscovered, technically recoverable amended by striking ‘‘April 1, 2012’’ and in- the’’ before ‘‘taxes’’. oil and gas resources (on a total btu basis) serting ‘‘October 1, 2015’’. (2) Paragraph (4) of section 9503(b) of such based upon the most recent national geologic (B) CONFORMING AMENDMENTS TO LAND AND Code is amended by striking subparagraphs assessment of the outer Continental Shelf, WATER CONSERVATION FUND.—Section 201(b) of (A) and (B) and by redesignating subpara- with an emphasis on offering the most geo- the Land and Water Conservation Fund Act graphs (C) and (D) as subparagraphs (A) and logically prospective parts of the planning of 1965 (16 U.S.C. 460l 11(b)) is amended— (B), respectively. area; and (c) EFFECTIVE DATE.—The amendments (i) by striking ‘‘April 1, 2013’’ each place it ‘‘(ii) any State subdivision of an outer Con- made by this section shall apply to taxes re- appears and inserting ‘‘October 1, 2016’’; and tinental Shelf planning area that the Gov- ceived after the date of the enactment of this (ii) by striking ‘‘April 1, 2012’’ and insert- ernor of the State that represents that sub- Act. ing ‘‘October 1, 2015’’. division requests be made available for leas- (f) EFFECTIVE DATE.— SEC. 40203. INTERNAL REVENUE SERVICE LEVIES ing. AND THRIFT SAVINGS PLAN AC- (1) IN GENERAL.—Except as provided in ‘‘(B) In this paragraph the term ‘available paragraph (2), the amendments made by this COUNTS. Section 8437(e)(3) of title 5, United States unleased acreage’ means that portion of the section shall take effect on April 1, 2012. outer Continental Shelf that is not under (2) SUBSECTION (b)(2).—The amendment Code, is amended by inserting ‘‘, the enforce- ment of a Federal tax levy as provided in lease at the time of a proposed lease sale, made by subsection (b)(2) shall apply to peri- and that has not otherwise been made un- ods beginning after September 30, 2012. section 6331 of the Internal Revenue Code of 1986,’’ after ‘‘(42 U.S.C. 659)’’. available for leasing by law. TITLE II—REVENUE PROVISIONS ‘‘(6)(A) In the 2012 2017 5-year oil and gas SEC. 40204. RESCISSION OF FUNDS FOR THE AD- SEC. 40201. TRANSFER FROM LEAKING UNDER- VANCED TECHNOLOGY VEHICLES leasing program, the Secretary shall make GROUND STORAGE TANK TRUST MANUFACTURING INCENTIVE PRO- available for leasing any outer Continental FUND TO HIGHWAY TRUST FUND. GRAM. Shelf planning areas that— (a) IN GENERAL.—Subsection (c) of section Effective on the date of enactment of this ‘‘(i) are estimated to contain more than 9508 of the Internal Revenue Code of 1986 is Act, there are rescinded all unobligated bal- 2,500,000,000 barrels of oil; or amended— ances of the amounts made available for the ‘‘(ii) are estimated to contain more than (1) by striking ‘‘Amounts’’ and inserting: advanced technology vehicles manufacturing 7,500,000,000,000 cubic feet of natural gas. ‘‘(1) IN GENERAL.—Except as provided in incentive program established under section ‘‘(B) To determine the planning areas de- paragraph (2), amounts’’, and 136 of the Energy Independence and Security scribed in subparagraph (A), the Secretary (2) by adding at the end the following new Act of 2007 (42 U.S.C. 17013). shall use the document entitled ‘Minerals paragraph: SEC. 40205. RESCISSION OF UNSPENT FEDERAL Management Service Assessment of Undis- ‘‘(2) TRANSFER TO HIGHWAY TRUST FUND.— FUNDS. covered Technically Recoverable Oil and Gas Out of amounts in the Leaking Underground (a) IN GENERAL.—Notwithstanding any Resources of the Nation’s Outer Continental Storage Tank Trust Fund there is hereby ap- other provision of law, of all available unob- Shelf, 2006’.’’. propriated $3,000,000,000 to be transferred ligated funds on the date of enactment of SEC. 51002. DOMESTIC OIL AND NATURAL GAS under section 9503(f)(3) to the Highway Trust this Act, there are rescinded such amounts PRODUCTION GOAL. Fund.’’. as are equal to the difference between— Section 18(b) of the Outer Continental (b) TRANSFER TO HIGHWAY TRUST FUND.— (1) the amounts necessary to carry out this Shelf Lands Act (43 U.S.C. 1344(b)) is amend- (1) IN GENERAL.—Subsection (f) of section Act; and ed to read as follows: 9503 of the Internal Revenue Code of 1986 is (2) the total amount of offsets provided by ‘‘(b) DOMESTIC OIL AND NATURAL GAS PRO- amended by inserting after paragraph (2) the this title (other than this section) and divi- DUCTION GOAL.— following new paragraph: sion E. ‘‘(1) IN GENERAL.—In developing a 5-year oil ‘‘(3) INCREASE IN FUND BALANCE.—There is (b) IMPLEMENTATION.— and gas leasing program, and subject to hereby transferred to the Highway Trust (1) IN GENERAL.—The Director of the Office paragraph (2), the Secretary shall determine Fund amounts appropriated from the Leak- of Management and Budget shall determine a domestic strategic production goal for the ing Underground Storage Tank Trust Fund and identify— development of oil and natural gas as a re- under section 9508(c)(2).’’. (A) from which appropriation accounts the sult of that program. Such goal shall be— (2) CONFORMING AMENDMENTS.—Paragraph rescission under subsection (a) shall be ‘‘(A) the best estimate of the possible in- (4) of section 9503(f) of such Code is amend- made; and crease in domestic production of oil and nat- ed— (B) the amount of such rescission that ural gas from the outer Continental Shelf; (A) by inserting ‘‘or transferred’’ after ‘‘ap- shall be made to each account identified ‘‘(B) focused on meeting domestic demand propriated’’, and under subparagraph (A). for oil and natural gas and reducing the de- (B) by striking ‘‘APPROPRIATED’’ in the (2) REPORT.—Not later than 60 days after pendence of the United States on foreign en- heading thereof. the date of enactment of this Act, the Direc- ergy; and SEC. 40202. PORTION OF LEAKING UNDER- tor of the Office of Management and Budget ‘‘(C) focused on the production increases GROUND STORAGE TANK TRUST shall submit a report to the Secretary of the achieved by the leasing program at the end FUND FINANCING RATE TRANS- Treasury and Congress of the accounts and of the 15-year period beginning on the effec- FERRED TO HIGHWAY TRUST FUND. amounts determined and identified for re- tive date of the program. (a) IN GENERAL.—Subsection (b) of section scission under paragraph (1). ‘‘(2) 2012 2017 PROGRAM GOAL.—For purposes 9503 of the Internal Revenue Code of 1986 is (c) EXCEPTION.—This section shall not of the 2012 2017 5-year oil and gas leasing pro- amended by inserting after paragraph (2) the apply to the unobligated funds of the Depart- gram, the production goal referred to in following new paragraph: ment of Defense, the Department of Home- paragraph (1) shall be an increase by 2027 of— ‘‘(3) PORTION OF LEAKING UNDERGROUND land Security, or the Department of Vet- ‘‘(A) no less than 3,000,000 barrels in the STORAGE TANK TRUST FUND FINANCING RATE.— erans Affairs. amount of oil produced per day; and

VerDate Mar 15 2010 01:58 Mar 08, 2012 Jkt 099060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S17FE2.REC S17FE2 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S916 CONGRESSIONAL RECORD — SENATE February 17, 2012 ‘‘(B) no less than 10,000,000,000 cubic feet in program in effect under this section, the Sec- coastal States that are affected States with the amount of natural gas produced per day. retary may hold lease sales for areas identi- respect to the leases under which those reve- ‘‘(3) REPORTING.—The Secretary shall re- fied by the Secretary to have the greatest nues are received by the United States. port annually, beginning at the end of the 5- potential for new oil and gas development as ‘‘(2) PHASE-IN.—The amount of new leasing year period for which the program applies, to a result of local support, new seismic find- revenues referred to in paragraph (1) is the the Committee on Natural Resources of the ings, or nomination by interested persons.’’. sum determined by adding— House of Representatives and the Committee SEC. 52005. DEFINITIONS. ‘‘(A) 35 percent of new leasing revenues re- on Energy and Natural Resources of the Sen- In this title: ceived by the United States in the fiscal year ate on the progress of the program in meet- (1) The term ‘‘Environmental Impact under— ing the production goal. The Secretary shall Statement for the 2007 2012 5 Year OUTER ‘‘(i) leases awarded under the first leasing identify in the report projections for produc- CONTINENTAL SHELF Plan’’ means the program under section 18(a) that takes effect tion and any problems with leasing, permit- Final Environmental Impact Statement for after the date of enactment of the Moving ting, or production that will prevent meeting Outer Continental Shelf Oil and Gas Leasing Ahead for Progress in the 21st Century Act; the goal.’’. Program: 2007 2012 (April 2007) prepared by and TITLE II—CONDUCTING PROMPT the Secretary. ‘‘(ii) other leases issued as a result of the OFFSHORE LEASE SALES (2) The term ‘‘Multi-Sale Environmental enactment of that Act; Impact Statement’’ means the Environ- ‘‘(B) 70 percent of new leasing revenues re- SEC. 52001. REQUIREMENT TO CONDUCT PRO- ceived by the United States in the fiscal year POSED OIL AND GAS LEASE SALE 216 mental Impact Statement for Proposed under leases awarded under the second such IN THE CENTRAL GULF OF MEXICO. Western Gulf of Mexico OUTER CONTI- leasing program; and (a) IN GENERAL.—The Secretary of the In- NENTAL SHELF Oil and Gas Lease Sales ‘‘(C) 100 percent of new leasing revenues re- terior shall conduct offshore oil and gas 204, 207, 210, 215, and 218, and Proposed Cen- ceived by the United States under leases Lease Sale 216 under section 8 of the Outer tral Gulf of Mexico OUTER CONTINENTAL awarded under the third such leasing pro- Continental Shelf Lands Act (33 U.S.C. 1337) SHELF Oil and Gas Lease Sales 205, 206, 208, gram or any such leasing program taking ef- as soon as practicable, but not later than 4 213, 216, and 222 (September 2008) prepared by fect thereafter. months after the date of enactment of this the Secretary. ‘‘(b) ALLOCATION OF PAYMENTS TO COASTAL Act. (3) The term ‘‘Secretary’’ means the Sec- STATES.— (b) ENVIRONMENTAL REVIEW.—For the pur- retary of the Interior. poses of that lease sale, the Environmental ‘‘(1) IN GENERAL.—The amount of new leas- TITLE III—LEASING IN NEW OFFSHORE Impact Statement for the 2007 2012 5 Year ing revenues received by the United States AREAS with respect to a leased tract that are re- OUTER CONTINENTAL SHELF Plan and quired to be paid to coastal States in accord- the Multi-Sale Environmental Impact State- SEC. 53001. LEASING IN THE EASTERN GULF OF ance with this subsection each fiscal year ment are deemed to satisfy the requirements MEXICO. shall be allocated among and paid to such of the National Environmental Policy Act of Section 104 of division C of the Tax Relief States that are within 200 miles of the leased 1969 (42 U.S.C. 4321 et seq.). and Health Care Act of 2006 (Public Law 109 432; 120 Stat. 3003) is repealed. tract, in amounts that are inversely propor- SEC. 52002. REQUIREMENT TO CONDUCT PRO- tional to the respective distances between POSED OIL AND GAS LEASE SALE 220 SEC. 53002. LEASING OFFSHORE OF TERRITORIES ON THE OUTER CONTINENTAL OF THE UNITED STATES. the point on the coastline of each such State SHELF OFFSHORE VIRGINIA. Section 2(a) of the Outer Continental Shelf that is closest to the geographic center of (a) IN GENERAL.—Notwithstanding the in- Lands Act (43 U.S.C. 1331) is amended, by in- the lease tract, as determined by the Sec- clusion of Lease Sale 220 in the fiscal years serting after ‘‘control’’ the following: ‘‘or retary. 2012 through fiscal year 2017 5 Year Outer lying within the United States’ exclusive ‘‘(2) MINIMUM AND MAXIMUM ALLOCATION.— Continental Shelf Oil and Gas Leasing Pro- economic zone and the Continental Shelf ad- The amount allocated to a coastal State gram, the Secretary shall conduct offshore jacent to the Commonwealth of Puerto Rico, under paragraph (1) each fiscal year with re- oil and gas Lease Sale 220 under section 8 of the Commonwealth of the Northern Mariana spect to a leased tract shall be— ‘‘(A) in the case of a coastal State that is the Outer Continental Shelf Lands Act (33 Islands, the Virgin Islands, American Samoa, the nearest State to the geographic center of U.S.C. 1337) as soon as practicable, but not Guam, or the other territories of the United the leased tract, not less than 25 percent of later than one year after the date of enact- States’’. the total amounts allocated with respect to ment of this Act. TITLE IV—OUTER CONTINENTAL SHELF (b) PROHIBITION ON CONFLICTS WITH MILI- the leased tract; and REVENUE SHARING TARY OPERATIONS.—No person may engage in ‘‘(B) in the case of any other coastal State, any exploration, development, or production SEC. 54001. DISPOSITION OF OUTER CONTI- not less than 10 percent, and not more than of oil or natural gas off the coast of Virginia NENTAL SHELF REVENUES. 15 percent, of the total amounts allocated that would conflict with any military oper- Section 9 of the Outer Continental Shelf with respect to the leased tract. ation, as determined in accordance with the Lands Act (43 U.S.C. 1338) is amended— ‘‘(3) ADMINISTRATION.—Amounts allocated Memorandum of Agreement between the De- (1) in the existing text— to a coastal State under this subsection— partment of Defense and the Department of (A) in the first sentence, by striking ‘‘All ‘‘(A) shall be available to the State with- the Interior on Mutual Concerns on the rentals,’’ and inserting the following: out further appropriation; Outer Continental Shelf signed July 20, 1983, ‘‘(c) DISPOSITION OF REVENUE UNDER OLD ‘‘(B) shall remain available until expended; and any revision or replacement for that LEASES.—All rentals,’’; and and agreement that is agreed to by the Secretary (B) in subsection (c) (as designated by the ‘‘(C) shall be in addition to any other of Defense and the Secretary of the Interior amendment made by subparagraph (A) of amounts available to the State under this after that date but before the date of this paragraph), by striking ‘‘for the period Act. issuance of the lease under which such explo- from June 5, 1950, to date, and thereafter’’ ‘‘(4) USE OF FUNDS.— ‘‘(A) IN GENERAL.—Except as provided in ration, development, or production is con- and inserting ‘‘in the period beginning June subparagraph (B), a coastal State may use ducted. 5, 1950, and ending on the date of enactment of the Moving Ahead for Progress in the 21st funds allocated and paid to it under this sub- SEC. 52003. REQUIREMENT TO CONDUCT PRO- section for any purpose as determined by POSED OIL AND GAS LEASE SALE 222 Century Act’’; IN THE CENTRAL GULF OF MEXICO. (2) by adding after subsection (c) (as so des- State law. (a) IN GENERAL.—The Secretary shall con- ignated) the following: ‘‘(B) RESTRICTION ON USE FOR MATCHING.— duct offshore oil and gas Lease Sale 222 ‘‘(d) NEW LEASING REVENUES DEFINED.—In Funds allocated and paid to a coastal State under section 8 of the Outer Continental this section the term ‘new leasing revenues’ under this subsection may not be used as Shelf Lands Act (33 U.S.C. 1337) as soon as means amounts received by the United matching funds for any other Federal pro- practicable, but not later than September 1, States as bonuses, rents, and royalties under gram.’’. 2012. leases for oil and gas, wind, tidal, or other TITLE V—COASTAL PLAIN (b) ENVIRONMENTAL REVIEW.—For the pur- energy exploration, development, and pro- SEC. 55001. DEFINITIONS. poses of that lease sale, the Environmental duction that are awarded under this Act In this title: Impact Statement for the 2007 2012 5 Year after the date of enactment of the Moving (1) COASTAL PLAIN.—The term ‘‘Coastal OUTER CONTINENTAL SHELF Plan and Ahead for Progress in the 21st Century Act.’’; Plain’’ means that area described in appen- the Multi-Sale Environmental Impact State- and dix I to part 37 of title 50, Code of Federal ment are deemed to satisfy the requirements (3) by inserting before subsection (c) (as so Regulations. of the National Environmental Policy Act of designated) the following: (2) PEER REVIEWED.—The term ‘‘peer re- 1969 (42 U.S.C. 4321 et seq.). ‘‘(a) PAYMENT OF NEW LEASING REVENUES viewed’’ means reviewed— SEC. 52004. ADDITIONAL LEASES. TO COASTAL STATES, GENERALLY.— (A) by individuals chosen by the National Section 18 of the Outer Continental Shelf ‘‘(1) IN GENERAL.—Of the amount of new Academy of Sciences with no contractual re- Lands Act (43 U.S.C. 1344) is amended by add- leasing revenues received by the United lationship with or those who have an appli- ing at the end the following: States each fiscal year that is described in cation for a grant or other funding pending ‘‘(i) ADDITIONAL LEASE SALES.—In addition paragraph (2), 37.5 percent shall be allocated with the Federal agency with leasing juris- to lease sales in accordance with a leasing and paid in accordance with subsection (b) to diction; or

VerDate Mar 15 2010 01:58 Mar 08, 2012 Jkt 099060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S17FE2.REC S17FE2 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 17, 2012 CONGRESSIONAL RECORD — SENATE S917 (B) if individuals described in subpara- identify a preferred action for such leasing the date of enactment of this title, establish graph (A) are not available, by the top indi- and a single leasing alternative, and analyze procedures for— viduals in the specified biological fields, as the environmental effects and potential (1) receipt and consideration of sealed determined by the National Academy of mitigation measures for those two alter- nominations for any area of the Coastal Sciences. natives. The identification of the preferred Plain for inclusion in, or exclusion (as pro- (3) SECRETARY.—The term ‘‘Secretary’’, ex- action and related analysis for the first lease vided in subsection (c)) from, a lease sale; cept as otherwise provided, means the Sec- sale under this title shall be completed with- (2) the holding of lease sales after such retary of the Interior or the Secretary’s des- in 18 months after the date of enactment of nomination process; and ignee. this Act. The Secretary shall only consider (3) public notice of and comment on des- SEC. 55002. LEASING PROGRAM FOR LANDS WITH- public comments that specifically address ignation of areas to be included in, or ex- IN THE COASTAL PLAIN. the Secretary’s preferred action and that are cluded from, a lease sale. (a) IN GENERAL.—The Secretary shall take filed within 20 days after publication of an (c) LEASE SALE BIDS.—Lease sales under such actions as are necessary— environmental analysis. Notwithstanding this title may be conducted through an (1) to establish and implement, in accord- any other law, compliance with this para- Internet leasing program, if the Secretary ance with this title and acting through the graph is deemed to satisfy all requirements determines that such a system will result in Director of the Bureau of Land Management for the analysis and consideration of the en- savings to the taxpayer, an increase in the in consultation with the Director of the vironmental effects of proposed leasing number of bidders participating, and higher United States Fish and Wildlife Service, a under this title. returns than oral bidding or a sealed bidding competitive oil and gas leasing program that (d) RELATIONSHIP TO STATE AND LOCAL AU- system. will result in the exploration, development, THORITY.—Nothing in this title shall be con- (d) SALE ACREAGES AND SCHEDULE.— and production of the oil and gas resources sidered to expand or limit State and local (1) The Secretary shall offer for lease under of the Coastal Plain; and regulatory authority. this title those tracts the Secretary con- (2) to administer the provisions of this (e) SPECIAL AREAS.— siders to have the greatest potential for the title through regulations, lease terms, condi- (1) IN GENERAL.—The Secretary, after con- discovery of hydrocarbons, taking into con- tions, restrictions, prohibitions, stipula- sultation with the State of Alaska, the city sideration nominations received pursuant to tions, and other provisions that ensure the of Kaktovik, and the North Slope Borough, subsection (b)(1). oil and gas exploration, development, and may designate up to a total of 45,000 acres of (2) The Secretary shall offer for lease under production activities on the Coastal Plain the Coastal Plain as a Special Area if the this title no less than 50,000 acres for lease will result in no significant adverse effect on Secretary determines that the Special Area within 22 months after the date of the enact- fish and wildlife, their habitat, subsistence is of such unique character and interest so as ment of this Act. resources, and the environment, including, to require special management and regu- (3) The Secretary shall offer for lease under in furtherance of this goal, by requiring the latory protection. The Secretary shall des- this title no less than an additional 50,000 application of the best commercially avail- ignate as such a Special Area the acres at 6-, 12-, and 18-month intervals fol- able technology for oil and gas exploration, Sadlerochit Spring area, comprising approxi- lowing offering under paragraph (2). development, and production to all explo- mately 4,000 acres. (4) The Secretary shall conduct four addi- ration, development, and production oper- (2) MANAGEMENT.—Each such Special Area tional sales under the same terms and sched- ations under this title in a manner that en- shall be managed so as to protect and pre- ule no later than two years after the date of sures the receipt of fair market value by the serve the area’s unique and diverse character the last sale under paragraph (3), if sufficient public for the mineral resources to be leased. including its fish, wildlife, and subsistence interest in leasing exists to warrant, in the (b) REPEAL OF EXISTING RESTRICTION.— resource values. Secretary’s judgment, the conduct of such (1) REPEAL.—Section 1003 of the Alaska Na- (3) EXCLUSION FROM LEASING OR SURFACE sales. tional Interest Lands Conservation Act of OCCUPANCY.—The Secretary may exclude any (5) The Secretary shall evaluate the bids in 1980 (16 U.S.C. 3143) is repealed. Special Area from leasing. If the Secretary each sale and issue leases resulting from (2) CONFORMING AMENDMENT.—The table of leases a Special Area, or any part thereof, such sales, within 90 days after the date of contents in section 1 of such Act is amended for purposes of oil and gas exploration, devel- the completion of such sale. by striking the item relating to section 1003. opment, production, and related activities, SEC. 55004. GRANT OF LEASES BY THE SEC- (c) COMPLIANCE WITH REQUIREMENTS UNDER there shall be no surface occupancy of the RETARY. CERTAIN OTHER LAWS.— lands comprising the Special Area. (a) IN GENERAL.—The Secretary may grant (1) COMPATIBILITY.—For purposes of the (4) DIRECTIONAL DRILLING.—Notwith- to the highest responsible qualified bidder in National Wildlife Refuge System Adminis- standing the other provisions of this sub- a lease sale conducted under section 55003 tration Act of 1966 (16 U.S.C. 668dd et seq.), section, the Secretary may lease all or a por- any lands to be leased on the Coastal Plain the oil and gas leasing program and activi- tion of a Special Area under terms that per- upon payment by the such bidder of such ties authorized by this section in the Coastal mit the use of horizontal drilling technology bonus as may be accepted by the Secretary. Plain are deemed to be compatible with the from sites on leases tracts located outside (b) SUBSEQUENT TRANSFERS.—No lease purposes for which the Arctic National Wild- issued under this title may be sold, ex- the Special Area. life Refuge was established, and no further (f) LIMITATION ON CLOSED AREAS.—The Sec- changed, assigned, sublet, or otherwise findings or decisions are required to imple- retary’s sole authority to close lands within transferred except with the approval of the ment this determination. the Coastal Plain to oil and gas leasing and Secretary. Prior to any such approval the (2) ADEQUACY OF THE DEPARTMENT OF THE to exploration, development, and production Secretary shall consult with, and give due INTERIOR’S LEGISLATIVE ENVIRONMENTAL IM- is that set forth in this title. consideration to the views of, the Attorney PACT STATEMENT.—The ‘‘Final Legislative (g) REGULATIONS.— General. Environmental Impact Statement’’ (April (1) IN GENERAL.—The Secretary shall pre- SEC. 55005. LEASE TERMS AND CONDITIONS. 1987) on the Coastal Plain prepared pursuant scribe such regulations as may be necessary (a) IN GENERAL.—An oil or gas lease issued to section 1002 of the Alaska National Inter- to carry out this title, including regulations under this title shall— est Lands Conservation Act of 1980 (16 U.S.C. relating to protection of the fish and wild- (1) provide for the payment of a royalty of 3142) and section 102(2)(C) of the National En- life, their habitat, subsistence resources, and not less than 121⁄2 percent in amount or value vironmental Policy Act of 1969 (42 U.S.C. environment of the Coastal Plain, by no of the production removed or sold under the 4332(2)(C)) is deemed to satisfy the require- later than 15 months after the date of enact- lease, as determined by the Secretary under ments under the National Environmental ment of this Act. the regulations applicable to other Federal Policy Act of 1969 that apply with respect to (2) REVISION OF REGULATIONS.—The Sec- oil and gas leases; prelease activities under this title, including retary shall, through a rule making con- (2) provide that the Secretary may close, actions authorized to be taken by the Sec- ducted in accordance with section 553 of title on a seasonal basis, portions of the Coastal retary to develop and promulgate the regula- 5, United States Code, periodically review Plain to exploratory drilling activities as tions for the establishment of a leasing pro- and, if appropriate, revise the regulations necessary to protect caribou calving areas gram authorized by this title before the con- issued under subsection (a) to reflect a pre- and other species of fish and wildlife based duct of the first lease sale. ponderance of the best available scientific on a preponderance of the best available sci- (3) COMPLIANCE WITH NEPA FOR OTHER AC- evidence that has been peer reviewed and ob- entific evidence that has been peer reviewed TIONS.—Before conducting the first lease sale tained by following appropriate, documented and obtained by following appropriate, docu- under this title, the Secretary shall prepare scientific procedures, the results of which mented scientific procedures, the results of an environmental impact statement under can be repeated using those same procedures. which can be repeated using those same pro- the National Environmental Policy Act of SEC. 55003. LEASE SALES. cedures; 1969 with respect to the actions authorized (a) IN GENERAL.—Lands may be leased (3) require that the lessee of lands within by this title that are not referred to in para- under this title to any person qualified to ob- the Coastal Plain shall be fully responsible graph (2). Notwithstanding any other law, tain a lease for deposits of oil and gas under and liable for the reclamation of lands with- the Secretary is not required to identify non- the Mineral Leasing Act (30 U.S.C. 181 et in the Coastal Plain and any other Federal leasing alternative courses of action or to seq.). lands that are adversely affected in connec- analyze the environmental effects of such (b) PROCEDURES.—The Secretary shall, by tion with exploration, development, produc- courses of action. The Secretary shall only regulation and no later than 180 days after tion, or transportation activities conducted

VerDate Mar 15 2010 01:58 Mar 08, 2012 Jkt 099060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S17FE2.REC S17FE2 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S918 CONGRESSIONAL RECORD — SENATE February 17, 2012 under the lease and within the Coastal Plain terms, conditions, restrictions, prohibitions, (13) Treatment and disposal of hazardous by the lessee or by any of the subcontractors stipulations, and other measures designed to and toxic wastes, solid wastes, reserve pit or agents of the lessee; ensure that the activities undertaken on the fluids, drilling muds and cuttings, and do- (4) provide that the lessee may not dele- Coastal Plain under this title are conducted mestic wastewater, including an annual gate or convey, by contract or otherwise, the in a manner consistent with the purposes waste management report, a hazardous ma- reclamation responsibility and liability to and environmental requirements of this terials tracking system, and a prohibition on another person without the express written title. chlorinated solvents, in accordance with ap- approval of the Secretary; (d) COMPLIANCE WITH FEDERAL AND STATE plicable Federal and State environmental (5) provide that the standard of reclama- ENVIRONMENTAL LAWS AND OTHER REQUIRE- law. tion for lands required to be reclaimed under MENTS.—The proposed regulations, lease (14) Fuel storage and oil spill contingency this title shall be, as nearly as practicable, a terms, conditions, restrictions, prohibitions, planning. condition capable of supporting the uses and stipulations for the leasing program (15) Research, monitoring, and reporting which the lands were capable of supporting under this title shall require compliance requirements. prior to any exploration, development, or with all applicable provisions of Federal and (16) Field crew environmental briefings. production activities, or upon application by State environmental law, and shall also re- (17) Avoidance of significant adverse ef- quire the following: the lessee, to a higher or better use as cer- fects upon subsistence hunting, fishing, and (1) Standards at least as effective as the tified by the Secretary; trapping by subsistence users. safety and environmental mitigation meas- (6) contain terms and conditions relating (18) Compliance with applicable air and ures set forth in items 1 through 29 at pages to protection of fish and wildlife, their habi- water quality standards. 167 through 169 of the ‘‘Final Legislative En- tat, subsistence resources, and the environ- (19) Appropriate seasonal and safety zone vironmental Impact Statement’’ (April 1987) ment as required pursuant to section designations around well sites, within which on the Coastal Plain. 55002(a)(2); subsistence hunting and trapping shall be (2) Seasonal limitations on exploration, de- (7) provide that the lessee, its agents, and limited. velopment, and related activities, where nec- its contractors use best efforts to provide a essary, to avoid significant adverse effects (20) Reasonable stipulations for protection fair share, as determined by the level of obli- during periods of concentrated fish and wild- of cultural and archeological resources. gation previously agreed to in the 1974 agree- life breeding, denning, nesting, spawning, (21) All other protective environmental ment implementing section 29 of the Federal and migration based on a preponderance of stipulations, restrictions, terms, and condi- Agreement and Grant of Right of Way for the best available scientific evidence that tions deemed necessary by the Secretary. the Operation of the Trans-Alaska Pipeline, has been peer reviewed and obtained by fol- (e) CONSIDERATIONS.—In preparing and pro- of employment and contracting for Alaska lowing appropriate, documented scientific mulgating regulations, lease terms, condi- Natives and Alaska Native corporations from procedures, the results of which can be re- tions, restrictions, prohibitions, and stipula- throughout the State; peated using those same procedures. tions under this section, the Secretary shall (8) prohibit the export of oil produced (3) That exploration activities, except for consider the following: under the lease; and surface geological studies, be limited to the (1) The stipulations and conditions that (9) contain such other provisions as the period between approximately November 1 govern the National Petroleum Reserve- Secretary determines necessary to ensure and May 1 each year and that exploration ac- Alaska leasing program, as set forth in the compliance with this title and the regula- tivities shall be supported, if necessary, by 1999 Northeast National Petroleum Reserve- tions issued under this title. ice roads, winter trails with adequate snow Alaska Final Integrated Activity Plan/Envi- SEC. 55006. COASTAL PLAIN ENVIRONMENTAL cover, ice pads, ice airstrips, and air trans- ronmental Impact Statement. PROTECTION. port methods, except that such exploration (2) The environmental protection stand- (a) NO SIGNIFICANT ADVERSE EFFECT activities may occur at other times if the ards that governed the initial Coastal Plain STANDARD TO GOVERN AUTHORIZED COASTAL Secretary finds that such exploration will seismic exploration program under parts PLAIN ACTIVITIES.—The Secretary shall, con- have no significant adverse effect on the fish 37.31 to 37.33 of title 50, Code of Federal Reg- sistent with the requirements of section and wildlife, their habitat, and the environ- ulations. 55002, administer this title through regula- ment of the Coastal Plain. (3) The land use stipulations for explor- tions, lease terms, conditions, restrictions, (4) Design safety and construction stand- atory drilling on the KIC ASRC private lands prohibitions, stipulations, and other provi- that are set forth in appendix 2 of the August sions that— ards for all pipelines and any access and service roads, that— 9, 1983, agreement between Arctic Slope Re- (1) ensure the oil and gas exploration, de- gional Corporation and the United States. velopment, and production activities on the (A) minimize, to the maximum extent pos- sible, adverse effects upon the passage of mi- (f) FACILITY CONSOLIDATION PLANNING.— Coastal Plain will result in no significant ad- (1) IN GENERAL.—The Secretary shall, after verse effect on fish and wildlife, their habi- gratory species such as caribou; and (B) minimize adverse effects upon the flow providing for public notice and comment, tat, and the environment; prepare and update periodically a plan to (2) require the application of the best com- of surface water by requiring the use of cul- verts, bridges, and other structural devices. govern, guide, and direct the siting and con- mercially available technology for oil and struction of facilities for the exploration, de- gas exploration, development, and produc- (5) Prohibitions on general public access and use on all pipeline access and service velopment, production, and transportation of tion on all new exploration, development, Coastal Plain oil and gas resources. and production operations; and roads. (6) Stringent reclamation and rehabilita- (2) OBJECTIVES.—The plan shall have the (3) ensure that the maximum amount of following objectives: surface acreage covered by production and tion requirements, consistent with the standards set forth in this title, requiring (A) Avoiding unnecessary duplication of fa- support facilities, including airstrips and cilities and activities. any areas covered by gravel berms or piers the removal from the Coastal Plain of all oil and gas development and production facili- (B) Encouraging consolidation of common for support of pipelines, does not exceed facilities and activities. 10,000 acres on the Coastal Plain for each ties, structures, and equipment upon comple- tion of oil and gas production operations, ex- (C) Locating or confining facilities and ac- 100,000 acres of area leased. tivities to areas that will minimize impact (b) SITE-SPECIFIC ASSESSMENT AND MITIGA- cept that the Secretary may exempt from on fish and wildlife, their habitat, and the TION.—The Secretary shall also require, with the requirements of this paragraph those fa- environment. respect to any proposed drilling and related cilities, structures, or equipment that the (D) Utilizing existing facilities wherever activities, that— Secretary determines would assist in the practicable. (1) a site-specific analysis be made of the management of the Arctic National Wildlife (E) Enhancing compatibility between wild- probable effects, if any, that the drilling or Refuge and that are donated to the United life values and development activities. related activities will have on fish and wild- States for that purpose. (g) ACCESS TO PUBLIC LANDS.—The Sec- life, their habitat, subsistence resources, and (7) Appropriate prohibitions or restrictions retary shall— the environment; on access by all modes of transportation. (1) manage public lands in the Coastal (2) a plan be implemented to avoid, mini- (8) Appropriate prohibitions or restrictions Plain subject to of section 811 of the Alaska mize, and mitigate (in that order and to the on sand and gravel extraction. National Interest Lands Conservation Act (16 extent practicable) any significant adverse (9) Consolidation of facility siting. U.S.C. 3121); and effect identified under paragraph (1); and (10) Appropriate prohibitions or restric- (2) ensure that local residents shall have (3) the development of the plan shall occur tions on use of explosives. reasonable access to public lands in the after consultation with the agency or agen- (11) Avoidance, to the extent practicable, Coastal Plain for traditional uses. cies having jurisdiction over matters miti- of springs, streams, and river systems; the gated by the plan. protection of natural surface drainage pat- SEC. 55007. EXPEDITED JUDICIAL REVIEW. (c) REGULATIONS TO PROTECT COASTAL terns, wetlands, and riparian habitats; and (a) FILING OF COMPLAINT.— PLAIN FISH AND WILDLIFE RESOURCES, SUB- the regulation of methods or techniques for (1) DEADLINE.—Subject to paragraph (2), SISTENCE USERS, AND THE ENVIRONMENT.—Be- developing or transporting adequate supplies any complaint seeking judicial review— fore implementing the leasing program au- of water for exploratory drilling. (A) of any provision of this title shall be thorized by this title, the Secretary shall (12) Avoidance or minimization of air traf- filed by not later than 1 year after the date prepare and promulgate regulations, lease fic-related disturbance to fish and wildlife. of enactment of this Act; or

VerDate Mar 15 2010 01:58 Mar 08, 2012 Jkt 099060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S17FE2.REC S17FE2 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 17, 2012 CONGRESSIONAL RECORD — SENATE S919 (B) of any action of the Secretary under Coastal Plain, the Secretary, notwith- mercial lease sales in areas considered to this title shall be filed— standing section 1302(h)(2) of the Alaska Na- have the most potential for oil shale or tar (i) except as provided in clause (ii), within tional Interest Lands Conservation Act (16 sands development, as determined by the the 90-day period beginning on the date of U.S.C. 3192(h)(2)), shall convey— Secretary, in areas nominated through pub- the action being challenged; or (1) to the Kaktovik Inupiat Corporation lic comment. Each lease sale shall be for an (ii) in the case of a complaint based solely the surface estate of the lands described in area of not less than 25,000 acres, and in mul- on grounds arising after such period, within paragraph 1 of Public Land Order 6959, to the tiple lease blocs. 90 days after the complainant knew or rea- extent necessary to fulfill the Corporation’s (c) REDUCED PAYMENTS TO ENSURE PRODUC- sonably should have known of the grounds entitlement under sections 12 and 14 of the TION.—The Secretary of the Interior may for the complaint. Alaska Native Claims Settlement Act (43 temporarily reduce royalties, fees, rentals, (2) VENUE.—Any complaint seeking judicial U.S.C. 1611 and 1613) in accordance with the bonus, or other payments for leases of Fed- review of any provision of this title or any terms and conditions of the Agreement be- eral lands for the development and produc- action of the Secretary under this title may tween the Department of the Interior, the tion of oil shale resources as necessary to be filed only in the United States Court of United States Fish and Wildlife Service, the incentivize and encourage development of Appeals for the District of Columbia. Bureau of Land Management, and the such resources, if the Secretary determines (3) LIMITATION ON SCOPE OF CERTAIN RE- Kaktovik Inupiat Corporation dated January that the royalties, fees, rentals, bonus bids, VIEW.—Judicial review of a Secretarial deci- 22, 1993; and and other payments otherwise authorized by sion to conduct a lease sale under this title, (2) to the Arctic Slope Regional Corpora- law are hindering production of such re- including the environmental analysis there- tion the remaining subsurface estate to sources. of, shall be limited to whether the Secretary which it is entitled pursuant to the August 9, has complied with this title and shall be 1983, agreement between the Arctic Slope Re- SA 1713. Mr. HATCH submitted an based upon the administrative record of that gional Corporation and the United States of amendment intended to be proposed by decision. The Secretary’s identification of a America. him to the bill S. 1813, to reauthorize preferred course of action to enable leasing TITLE VI—OIL SHALE AND TAR SANDS Federal-aid highway and highway safe- to proceed and the Secretary’s analysis of LEASING ty construction programs, and for environmental effects under this title shall SEC. 56001. EFFECTIVENESS OF OIL SHALE REGU- other purposes; which was ordered to be presumed to be correct unless shown oth- LATIONS, AMENDMENTS TO RE- lie on the table; as follows: erwise by clear and convincing evidence to SOURCE MANAGEMENT PLANS, AND Strike titles II and III of division D and in- the contrary. RECORD OF DECISION. sert the following: (b) LIMITATION ON OTHER REVIEW.—Actions (a) REGULATIONS.—Notwithstanding any of the Secretary with respect to which re- other law or regulation to the contrary, the TITLE II—REVENUE PROVISIONS view could have been obtained under this final regulations regarding oil shale manage- SEC. 40201. TRANSFER FROM LEAKING UNDER- section shall not be subject to judicial re- ment published by the Bureau of Land Man- GROUND STORAGE TANK TRUST view in any civil or criminal proceeding for agement on November 18, 2008 (73 Fed. Reg. FUND TO HIGHWAY TRUST FUND. (a) IN GENERAL.—Subsection (c) of section enforcement. 69,414) are deemed to satisfy all legal and 9508 of the Internal Revenue Code of 1986 is (c) LIMITATION ON ATTORNEYS’ FEES AND procedural requirements under any law, in- amended— COURT COSTS.—No person seeking judicial re- cluding the Federal Land Policy and Man- (1) by striking ‘‘Amounts’’ and inserting: view of any action under this title shall re- agement Act of 1976 (43 U.S.C. 1701 et seq.), ‘‘(1) IN GENERAL.—Except as provided in ceive payment from the Federal Government the Endangered Species Act of 1973 (16 U.S.C. paragraph (2), amounts’’, and for their attorneys’ fees and other court 1531 et seq.), the National Environmental (2) by adding at the end the following new costs, including under any provision of law Policy Act of 1969 (42 U.S.C. 4321 et seq.), and paragraph: enacted by the Equal Access to Justice Act the Energy Policy Act of 2005 (Public Law ‘‘(2) TRANSFER TO HIGHWAY TRUST FUND.— (5 U.S.C. 504 note). 109 58), and the Secretary of the Interior Out of amounts in the Leaking Underground SEC. 55008. TREATMENT OF REVENUES. shall implement those regulations, including Storage Tank Trust Fund there is hereby ap- Notwithstanding any other provision of the oil shale and tar sands leasing program propriated $3,000,000,000 to be transferred law, 50 percent of the amount of bonus, rent- authorized by the regulations, without any under section 9503(f)(3) to the Highway Trust al, and royalty revenues from Federal oil and other administrative action necessary. Fund.’’. gas leasing and operations authorized under (b) AMENDMENTS TO RESOURCE MANAGE- (b) TRANSFER TO HIGHWAY TRUST FUND.— this title shall be deposited in the Treasury. MENT PLANS AND RECORD OF DECISION.—Not- (1) IN GENERAL.—Subsection (f) of section withstanding any other law or regulation to SEC. 55009. RIGHTS-OF-WAY ACROSS THE COAST- 9503 of the Internal Revenue Code of 1986 is AL PLAIN. the contrary, the November 17, 2008 U.S. Bu- amended by inserting after paragraph (2) the reau of Land Management Approved Re- (a) IN GENERAL.—The Secretary shall issue following new paragraph: rights-of-way and easements across the source Management Plan Amendments/ ‘‘(3) INCREASE IN FUND BALANCE.—There is Record of Decision for Oil Shale and Tar Coastal Plain for the transportation of oil hereby transferred to the Highway Trust Sands Resources to Address Land Use Allo- and gas produced under leases under this Fund amounts appropriated from the Leak- cations in Colorado, Utah, and Wyoming and title— ing Underground Storage Tank Trust Fund Final Programmatic Environmental Impact (1) except as provided in paragraph (2), under section 9508(c)(2).’’. under section 28 of the Mineral Leasing Act Statement are deemed to satisfy all legal (2) CONFORMING AMENDMENTS.—Paragraph and procedural requirements under any law, (30 U.S.C. 185), without regard to title XI of (4) of section 9503(f) of such Code is amend- including the Federal Land Policy and Man- the Alaska National Interest Lands Con- ed— agement Act of 1976 (43 U.S.C. 1701 et seq.), servation Act (16 U.S.C. 3161 et seq.); and (A) by inserting ‘‘or transferred’’ after ‘‘ap- the Endangered Species Act of 1973 (16 U.S.C. (2) under title XI of the Alaska National propriated’’, and Interest Lands Conservation Act (30 U.S.C. 1531 et seq.), the National Environmental (B) by striking ‘‘APPROPRIATED’’ in the Policy Act of 1969 (42 U.S.C. 4321 et seq.), and 3161 et seq.), for access authorized by sec- heading thereof. tions 1110 and 1111 of that Act (16 U.S.C. 3170 the Energy Policy Act of 2005 (Public Law 109 58), and the Secretary of the Interior SEC. 40202. PORTION OF LEAKING UNDER- and 3171). GROUND STORAGE TANK TRUST (b) TERMS AND CONDITIONS.—The Secretary shall implement the oil shale and tar sands FUND FINANCING RATE TRANS- shall include in any right-of-way or ease- leasing program authorized by the regula- FERRED TO HIGHWAY TRUST FUND. ment issued under subsection (a) such terms tions referred to in subsection (a) in those (a) IN GENERAL.—Subsection (b) of section and conditions as may be necessary to en- areas covered by the resource management 9503 of the Internal Revenue Code of 1986 is sure that transportation of oil and gas does plans amended by such amendments, and amended by inserting after paragraph (2) the not result in a significant adverse effect on covered by such record of decision, without following new paragraph: the fish and wildlife, subsistence resources, any other administrative action necessary. ‘‘(3) PORTION OF LEAKING UNDERGROUND their habitat, and the environment of the SEC. 56002. OIL SHALE AND TAR SANDS LEASING. STORAGE TANK TRUST FUND FINANCING RATE.— Coastal Plain, including requirements that (a) ADDITIONAL RESEARCH AND DEVELOP- There are hereby appropriated to the High- facilities be sited or designed so as to avoid MENT LEASE SALES.—The Secretary of the In- way Trust Fund amounts equivalent to one- unnecessary duplication of roads and pipe- terior shall hold a lease sale within 180 days third of the taxes received in the Treasury lines. after the date of enactment of this Act offer- under— (c) REGULATIONS.—The Secretary shall in- ing an additional 10 parcels for lease for re- ‘‘(A) section 4041(d) (relating to additional clude in regulations under section 55002(g) search, development, and demonstration of taxes on motor fuels), provisions granting rights-of-way and ease- oil shale or tar sands resources, under the ‘‘(B) section 4081 (relating to tax on gaso- ments described in subsection (a) of this sec- terms offered in the solicitation of bids for line, diesel fuel, and kerosene) to the extent tion. such leases published on January 15, 2009 (74 attributable to the Leaking Underground SEC. 55010. CONVEYANCE. Fed. Reg. 10). Storage Tank Trust Fund financing rate In order to maximize Federal revenues by (b) COMMERCIAL LEASE SALES.—No later under such section, and removing clouds on title to lands and clari- than January 1, 2016, the Secretary of the In- ‘‘(C) section 4042 (relating to tax on fuel fying land ownership patterns within the terior shall hold no less than 5 separate com- used in commercial transportation on inland

VerDate Mar 15 2010 01:58 Mar 08, 2012 Jkt 099060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S17FE2.REC S17FE2 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S920 CONGRESSIONAL RECORD — SENATE February 17, 2012 waterways) to the extent attributable to the DIVISION E—ENERGY DEVELOPMENT ing the production goal. The Secretary shall Leaking Underground Storage Tank Trust TITLE I—EXPANDING OFFSHORE ENERGY identify in the report projections for produc- Fund financing rate under such section. DEVELOPMENT tion and any problems with leasing, permit- ting, or production that will prevent meeting For purposes of this paragraph, there shall SEC. 51001. OUTER CONTINENTAL SHELF LEAS- not be taken into account the taxes imposed ING PROGRAM. the goal.’’. by sections 4041 and 4081 on diesel fuel sold Section 18(a) of the Outer Continental TITLE II—CONDUCTING PROMPT for use or used as fuel in a diesel-powered Shelf Lands Act (43 U.S.C. 1344(a)) is amend- OFFSHORE LEASE SALES boat.’’. ed by adding at the end the following: SEC. 52001. REQUIREMENT TO CONDUCT PRO- (b) CONFORMING AMENDMENTS.— ‘‘(5)(A) In each oil and gas leasing program POSED OIL AND GAS LEASE SALE 216 (1) Paragraphs (1), (2), and (3) of section under this section, the Secretary shall make IN THE CENTRAL GULF OF MEXICO. 9508(b) of the Internal Revenue Code of 1986 available for leasing and conduct lease sales (a) IN GENERAL.—The Secretary of the In- are each amended by inserting ‘‘two-thirds of including— terior shall conduct offshore oil and gas the’’ before ‘‘taxes’’. ‘‘(i) at least 50 percent of the available un- Lease Sale 216 under section 8 of the Outer (2) Paragraph (4) of section 9503(b) of such leased acreage within each outer Continental Continental Shelf Lands Act (33 U.S.C. 1337) Code is amended by striking subparagraphs Shelf planning area considered to have the as soon as practicable, but not later than 4 (A) and (B) and by redesignating subpara- largest undiscovered, technically recoverable months after the date of enactment of this graphs (C) and (D) as subparagraphs (A) and oil and gas resources (on a total btu basis) Act. (B), respectively. based upon the most recent national geologic (b) ENVIRONMENTAL REVIEW.—For the pur- assessment of the outer Continental Shelf, poses of that lease sale, the Environmental (c) EFFECTIVE DATE.—The amendments Impact Statement for the 2007 2012 5 Year made by this section shall apply to taxes re- with an emphasis on offering the most geo- OUTER CONTINENTAL SHELF Plan and ceived after the date of the enactment of this logically prospective parts of the planning the Multi-Sale Environmental Impact State- Act. area; and ‘‘(ii) any State subdivision of an outer Con- ment are deemed to satisfy the requirements SEC. 40203. INTERNAL REVENUE SERVICE LEVIES tinental Shelf planning area that the Gov- of the National Environmental Policy Act of AND THRIFT SAVINGS PLAN AC- ernor of the State that represents that sub- 1969 (42 U.S.C. 4321 et seq.). COUNTS. division requests be made available for leas- SEC. 52002. REQUIREMENT TO CONDUCT PRO- Section 8437(e)(3) of title 5, United States ing. POSED OIL AND GAS LEASE SALE 220 Code, is amended by inserting ‘‘, the enforce- ‘‘(B) In this paragraph the term ‘available ON THE OUTER CONTINENTAL ment of a Federal tax levy as provided in unleased acreage’ means that portion of the SHELF OFFSHORE VIRGINIA. section 6331 of the Internal Revenue Code of outer Continental Shelf that is not under (a) IN GENERAL.—Notwithstanding the in- 1986,’’ after ‘‘(42 U.S.C. 659)’’. lease at the time of a proposed lease sale, clusion of Lease Sale 220 in the fiscal years and that has not otherwise been made un- 2012 through fiscal year 2017 5 Year Outer SEC. 40204. RESCISSION OF FUNDS FOR THE AD- Continental Shelf Oil and Gas Leasing Pro- VANCED TECHNOLOGY VEHICLES available for leasing by law. MANUFACTURING INCENTIVE PRO- ‘‘(6)(A) In the 2012 2017 5-year oil and gas gram, the Secretary shall conduct offshore GRAM. leasing program, the Secretary shall make oil and gas Lease Sale 220 under section 8 of the Outer Continental Shelf Lands Act (33 Effective on the date of enactment of this available for leasing any outer Continental U.S.C. 1337) as soon as practicable, but not Act, there are rescinded all unobligated bal- Shelf planning areas that— later than one year after the date of enact- ances of the amounts made available for the ‘‘(i) are estimated to contain more than ment of this Act. advanced technology vehicles manufacturing 2,500,000,000 barrels of oil; or (b) PROHIBITION ON CONFLICTS WITH MILI- incentive program established under section ‘‘(ii) are estimated to contain more than TARY OPERATIONS.—No person may engage in 136 of the Energy Independence and Security 7,500,000,000,000 cubic feet of natural gas. any exploration, development, or production Act of 2007 (42 U.S.C. 17013). ‘‘(B) To determine the planning areas de- scribed in subparagraph (A), the Secretary of oil or natural gas off the coast of Virginia SEC. 40205. RESCISSION OF UNSPENT FEDERAL shall use the document entitled ‘Minerals that would conflict with any military oper- FUNDS. Management Service Assessment of Undis- ation, as determined in accordance with the (a) IN GENERAL.—Notwithstanding any covered Technically Recoverable Oil and Gas Memorandum of Agreement between the De- other provision of law, of all available unob- Resources of the Nation’s Outer Continental partment of Defense and the Department of ligated funds on the date of enactment of Shelf, 2006’.’’. the Interior on Mutual Concerns on the Outer Continental Shelf signed July 20, 1983, this Act, there are rescinded such amounts SEC. 51002. DOMESTIC OIL AND NATURAL GAS as are equal to the difference between— PRODUCTION GOAL. and any revision or replacement for that (1) the amounts necessary to carry out this Section 18(b) of the Outer Continental agreement that is agreed to by the Secretary Act; and Shelf Lands Act (43 U.S.C. 1344(b)) is amend- of Defense and the Secretary of the Interior (2) the total amount of offsets provided by ed to read as follows: after that date but before the date of this title (other than this section) and divi- ‘‘(b) DOMESTIC OIL AND NATURAL GAS PRO- issuance of the lease under which such explo- sion E. DUCTION GOAL.— ration, development, or production is con- (b) IMPLEMENTATION.— ‘‘(1) IN GENERAL.—In developing a 5-year oil ducted. (1) IN GENERAL.—The Director of the Office and gas leasing program, and subject to SEC. 52003. REQUIREMENT TO CONDUCT PRO- of Management and Budget shall determine paragraph (2), the Secretary shall determine POSED OIL AND GAS LEASE SALE 222 and identify— a domestic strategic production goal for the IN THE CENTRAL GULF OF MEXICO. (A) from which appropriation accounts the development of oil and natural gas as a re- (a) IN GENERAL.—The Secretary shall con- rescission under subsection (a) shall be sult of that program. Such goal shall be— duct offshore oil and gas Lease Sale 222 made; and ‘‘(A) the best estimate of the possible in- under section 8 of the Outer Continental (B) the amount of such rescission that crease in domestic production of oil and nat- Shelf Lands Act (33 U.S.C. 1337) as soon as shall be made to each account identified ural gas from the outer Continental Shelf; practicable, but not later than September 1, under subparagraph (A). ‘‘(B) focused on meeting domestic demand 2012. (b) ENVIRONMENTAL REVIEW.—For the pur- (2) REPORT.—Not later than 60 days after for oil and natural gas and reducing the de- poses of that lease sale, the Environmental the date of enactment of this Act, the Direc- pendence of the United States on foreign en- Impact Statement for the 2007 2012 5 Year tor of the Office of Management and Budget ergy; and OUTER CONTINENTAL SHELF Plan and shall submit a report to the Secretary of the ‘‘(C) focused on the production increases the Multi-Sale Environmental Impact State- Treasury and Congress of the accounts and achieved by the leasing program at the end ment are deemed to satisfy the requirements amounts determined and identified for re- of the 15-year period beginning on the effec- of the National Environmental Policy Act of scission under paragraph (1). tive date of the program. 1969 (42 U.S.C. 4321 et seq.). (c) EXCEPTION.—This section shall not ‘‘(2) 2012 2017 PROGRAM GOAL.—For purposes SEC. 52004. ADDITIONAL LEASES. apply to the unobligated funds of the Depart- of the 2012 2017 5-year oil and gas leasing pro- Section 18 of the Outer Continental Shelf ment of Defense, the Department of Home- gram, the production goal referred to in Lands Act (43 U.S.C. 1344) is amended by add- land Security, or the Department of Vet- paragraph (1) shall be an increase by 2027 of— ing at the end the following: erans Affairs. ‘‘(A) no less than 3,000,000 barrels in the amount of oil produced per day; and ‘‘(i) ADDITIONAL LEASE SALES.—In addition SEC. 40206. DEPOSIT IN HIGHWAY TRUST FUND. ‘‘(B) no less than 10,000,000,000 cubic feet in to lease sales in accordance with a leasing There shall be deposited in the Highway the amount of natural gas produced per day. program in effect under this section, the Sec- Trust Fund ‘‘(3) REPORTING.—The Secretary shall re- retary may hold lease sales for areas identi- (1) any amounts rescinded under this title; port annually, beginning at the end of the 5- fied by the Secretary to have the greatest and year period for which the program applies, to potential for new oil and gas development as (2) any amounts collected by the United the Committee on Natural Resources of the a result of local support, new seismic find- States under this title or division E (includ- House of Representatives and the Committee ings, or nomination by interested persons.’’. ing an amendment made by this title or divi- on Energy and Natural Resources of the Sen- SEC. 52005. DEFINITIONS. sion E). ate on the progress of the program in meet- In this title:

VerDate Mar 15 2010 01:58 Mar 08, 2012 Jkt 099060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S17FE2.REC S17FE2 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 17, 2012 CONGRESSIONAL RECORD — SENATE S921 (1) The term ‘‘Environmental Impact ‘‘(i) leases awarded under the first leasing SEC. 55002. LEASING PROGRAM FOR LANDS WITH- Statement for the 2007 2012 5 Year OUTER program under section 18(a) that takes effect IN THE COASTAL PLAIN. CONTINENTAL SHELF Plan’’ means the after the date of enactment of the Moving (a) IN GENERAL.—The Secretary shall take Final Environmental Impact Statement for Ahead for Progress in the 21st Century Act; such actions as are necessary— Outer Continental Shelf Oil and Gas Leasing and (1) to establish and implement, in accord- Program: 2007 2012 (April 2007) prepared by ‘‘(ii) other leases issued as a result of the ance with this title and acting through the the Secretary. enactment of that Act; Director of the Bureau of Land Management (2) The term ‘‘Multi-Sale Environmental ‘‘(B) 70 percent of new leasing revenues re- in consultation with the Director of the Impact Statement’’ means the Environ- ceived by the United States in the fiscal year United States Fish and Wildlife Service, a mental Impact Statement for Proposed under leases awarded under the second such competitive oil and gas leasing program that Western Gulf of Mexico OUTER CONTI- leasing program; and will result in the exploration, development, NENTAL SHELF Oil and Gas Lease Sales ‘‘(C) 100 percent of new leasing revenues re- and production of the oil and gas resources 204, 207, 210, 215, and 218, and Proposed Cen- ceived by the United States under leases of the Coastal Plain; and tral Gulf of Mexico OUTER CONTINENTAL awarded under the third such leasing pro- (2) to administer the provisions of this SHELF Oil and Gas Lease Sales 205, 206, 208, gram or any such leasing program taking ef- title through regulations, lease terms, condi- 213, 216, and 222 (September 2008) prepared by fect thereafter. tions, restrictions, prohibitions, stipula- the Secretary. ‘‘(b) ALLOCATION OF PAYMENTS TO COASTAL tions, and other provisions that ensure the oil and gas exploration, development, and (3) The term ‘‘Secretary’’ means the Sec- STATES.— production activities on the Coastal Plain retary of the Interior. ‘‘(1) IN GENERAL.—The amount of new leas- ing revenues received by the United States will result in no significant adverse effect on TITLE III—LEASING IN NEW OFFSHORE with respect to a leased tract that are re- fish and wildlife, their habitat, subsistence AREAS quired to be paid to coastal States in accord- resources, and the environment, including, SEC. 53001. LEASING IN THE EASTERN GULF OF ance with this subsection each fiscal year in furtherance of this goal, by requiring the MEXICO. shall be allocated among and paid to such application of the best commercially avail- Section 104 of division C of the Tax Relief States that are within 200 miles of the leased able technology for oil and gas exploration, and Health Care Act of 2006 (Public Law 109 tract, in amounts that are inversely propor- development, and production to all explo- 432; 120 Stat. 3003) is repealed. tional to the respective distances between ration, development, and production oper- SEC. 53002. LEASING OFFSHORE OF TERRITORIES the point on the coastline of each such State ations under this title in a manner that en- OF THE UNITED STATES. that is closest to the geographic center of sures the receipt of fair market value by the Section 2(a) of the Outer Continental Shelf the lease tract, as determined by the Sec- public for the mineral resources to be leased. Lands Act (43 U.S.C. 1331) is amended, by in- retary. (b) REPEAL OF EXISTING RESTRICTION.— serting after ‘‘control’’ the following: ‘‘or ‘‘(2) MINIMUM AND MAXIMUM ALLOCATION.— (1) REPEAL.—Section 1003 of the Alaska Na- lying within the United States’ exclusive The amount allocated to a coastal State tional Interest Lands Conservation Act of economic zone and the Continental Shelf ad- under paragraph (1) each fiscal year with re- 1980 (16 U.S.C. 3143) is repealed. jacent to the Commonwealth of Puerto Rico, spect to a leased tract shall be— (2) CONFORMING AMENDMENT.—The table of the Commonwealth of the Northern Mariana ‘‘(A) in the case of a coastal State that is contents in section 1 of such Act is amended Islands, the Virgin Islands, American Samoa, the nearest State to the geographic center of by striking the item relating to section 1003. Guam, or the other territories of the United the leased tract, not less than 25 percent of (c) COMPLIANCE WITH REQUIREMENTS UNDER States’’. the total amounts allocated with respect to CERTAIN OTHER LAWS.— TITLE IV—OUTER CONTINENTAL SHELF the leased tract; and (1) COMPATIBILITY.—For purposes of the REVENUE SHARING ‘‘(B) in the case of any other coastal State, National Wildlife Refuge System Adminis- SEC. 54001. DISPOSITION OF OUTER CONTI- not less than 10 percent, and not more than tration Act of 1966 (16 U.S.C. 668dd et seq.), NENTAL SHELF REVENUES. 15 percent, of the total amounts allocated the oil and gas leasing program and activi- Section 9 of the Outer Continental Shelf with respect to the leased tract. ties authorized by this section in the Coastal Lands Act (43 U.S.C. 1338) is amended— ‘‘(3) ADMINISTRATION.—Amounts allocated Plain are deemed to be compatible with the (1) in the existing text— to a coastal State under this subsection— purposes for which the Arctic National Wild- (A) in the first sentence, by striking ‘‘All ‘‘(A) shall be available to the State with- life Refuge was established, and no further rentals,’’ and inserting the following: out further appropriation; findings or decisions are required to imple- ‘‘(c) DISPOSITION OF REVENUE UNDER OLD ‘‘(B) shall remain available until expended; ment this determination. LEASES.—All rentals,’’; and and (2) ADEQUACY OF THE DEPARTMENT OF THE (B) in subsection (c) (as designated by the ‘‘(C) shall be in addition to any other INTERIOR’S LEGISLATIVE ENVIRONMENTAL IM- amendment made by subparagraph (A) of amounts available to the State under this PACT STATEMENT.—The ‘‘Final Legislative this paragraph), by striking ‘‘for the period Act. Environmental Impact Statement’’ (April from June 5, 1950, to date, and thereafter’’ ‘‘(4) USE OF FUNDS.— 1987) on the Coastal Plain prepared pursuant and inserting ‘‘in the period beginning June ‘‘(A) IN GENERAL.—Except as provided in to section 1002 of the Alaska National Inter- 5, 1950, and ending on the date of enactment subparagraph (B), a coastal State may use est Lands Conservation Act of 1980 (16 U.S.C. of the Moving Ahead for Progress in the 21st funds allocated and paid to it under this sub- 3142) and section 102(2)(C) of the National En- Century Act’’; section for any purpose as determined by vironmental Policy Act of 1969 (42 U.S.C. (2) by adding after subsection (c) (as so des- State law. 4332(2)(C)) is deemed to satisfy the require- ignated) the following: ‘‘(B) RESTRICTION ON USE FOR MATCHING.— ments under the National Environmental ‘‘(d) NEW LEASING REVENUES DEFINED.—In Funds allocated and paid to a coastal State Policy Act of 1969 that apply with respect to this section the term ‘new leasing revenues’ under this subsection may not be used as prelease activities under this title, including means amounts received by the United matching funds for any other Federal pro- actions authorized to be taken by the Sec- States as bonuses, rents, and royalties under gram.’’. retary to develop and promulgate the regula- leases for oil and gas, wind, tidal, or other TITLE V—COASTAL PLAIN tions for the establishment of a leasing pro- energy exploration, development, and pro- SEC. 55001. DEFINITIONS. gram authorized by this title before the con- duction that are awarded under this Act In this title: duct of the first lease sale. after the date of enactment of the Moving (1) COASTAL PLAIN.—The term ‘‘Coastal (3) COMPLIANCE WITH NEPA FOR OTHER AC- Ahead for Progress in the 21st Century Act.’’; Plain’’ means that area described in appen- TIONS.—Before conducting the first lease sale and dix I to part 37 of title 50, Code of Federal under this title, the Secretary shall prepare (3) by inserting before subsection (c) (as so Regulations. an environmental impact statement under designated) the following: (2) PEER REVIEWED.—The term ‘‘peer re- the National Environmental Policy Act of ‘‘(a) PAYMENT OF NEW LEASING REVENUES viewed’’ means reviewed— 1969 with respect to the actions authorized TO COASTAL STATES, GENERALLY.— (A) by individuals chosen by the National by this title that are not referred to in para- ‘‘(1) IN GENERAL.—Of the amount of new Academy of Sciences with no contractual re- graph (2). Notwithstanding any other law, leasing revenues received by the United lationship with or those who have an appli- the Secretary is not required to identify non- States each fiscal year that is described in cation for a grant or other funding pending leasing alternative courses of action or to paragraph (2), 37.5 percent shall be allocated with the Federal agency with leasing juris- analyze the environmental effects of such and paid in accordance with subsection (b) to diction; or courses of action. The Secretary shall only coastal States that are affected States with (B) if individuals described in subpara- identify a preferred action for such leasing respect to the leases under which those reve- graph (A) are not available, by the top indi- and a single leasing alternative, and analyze nues are received by the United States. viduals in the specified biological fields, as the environmental effects and potential ‘‘(2) PHASE-IN.—The amount of new leasing determined by the National Academy of mitigation measures for those two alter- revenues referred to in paragraph (1) is the Sciences. natives. The identification of the preferred sum determined by adding— (3) SECRETARY.—The term ‘‘Secretary’’, ex- action and related analysis for the first lease ‘‘(A) 35 percent of new leasing revenues re- cept as otherwise provided, means the Sec- sale under this title shall be completed with- ceived by the United States in the fiscal year retary of the Interior or the Secretary’s des- in 18 months after the date of enactment of under— ignee. this Act. The Secretary shall only consider

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Notwithstanding (c) LEASE SALE BIDS.—Lease sales under condition capable of supporting the uses any other law, compliance with this para- this title may be conducted through an which the lands were capable of supporting graph is deemed to satisfy all requirements Internet leasing program, if the Secretary prior to any exploration, development, or for the analysis and consideration of the en- determines that such a system will result in production activities, or upon application by vironmental effects of proposed leasing savings to the taxpayer, an increase in the the lessee, to a higher or better use as cer- under this title. number of bidders participating, and higher tified by the Secretary; (d) RELATIONSHIP TO STATE AND LOCAL AU- returns than oral bidding or a sealed bidding (6) contain terms and conditions relating THORITY.—Nothing in this title shall be con- system. to protection of fish and wildlife, their habi- sidered to expand or limit State and local (d) SALE ACREAGES AND SCHEDULE.— tat, subsistence resources, and the environ- regulatory authority. (1) The Secretary shall offer for lease under ment as required pursuant to section this title those tracts the Secretary con- (e) SPECIAL AREAS.— 55002(a)(2); siders to have the greatest potential for the (1) IN GENERAL.—The Secretary, after con- (7) provide that the lessee, its agents, and sultation with the State of Alaska, the city discovery of hydrocarbons, taking into con- its contractors use best efforts to provide a of Kaktovik, and the North Slope Borough, sideration nominations received pursuant to fair share, as determined by the level of obli- may designate up to a total of 45,000 acres of subsection (b)(1). gation previously agreed to in the 1974 agree- the Coastal Plain as a Special Area if the (2) The Secretary shall offer for lease under ment implementing section 29 of the Federal Secretary determines that the Special Area this title no less than 50,000 acres for lease Agreement and Grant of Right of Way for is of such unique character and interest so as within 22 months after the date of the enact- the Operation of the Trans-Alaska Pipeline, to require special management and regu- ment of this Act. of employment and contracting for Alaska latory protection. The Secretary shall des- (3) The Secretary shall offer for lease under Natives and Alaska Native corporations from ignate as such a Special Area the this title no less than an additional 50,000 throughout the State; Sadlerochit Spring area, comprising approxi- acres at 6-, 12-, and 18-month intervals fol- (8) prohibit the export of oil produced mately 4,000 acres. lowing offering under paragraph (2). under the lease; and (4) The Secretary shall conduct four addi- (2) MANAGEMENT.—Each such Special Area (9) contain such other provisions as the shall be managed so as to protect and pre- tional sales under the same terms and sched- Secretary determines necessary to ensure serve the area’s unique and diverse character ule no later than two years after the date of compliance with this title and the regula- including its fish, wildlife, and subsistence the last sale under paragraph (3), if sufficient tions issued under this title. resource values. interest in leasing exists to warrant, in the Secretary’s judgment, the conduct of such SEC. 55006. COASTAL PLAIN ENVIRONMENTAL (3) EXCLUSION FROM LEASING OR SURFACE PROTECTION. sales. OCCUPANCY.—The Secretary may exclude any (a) NO SIGNIFICANT ADVERSE EFFECT Special Area from leasing. If the Secretary (5) The Secretary shall evaluate the bids in each sale and issue leases resulting from STANDARD TO GOVERN AUTHORIZED COASTAL leases a Special Area, or any part thereof, PLAIN ACTIVITIES.—The Secretary shall, con- for purposes of oil and gas exploration, devel- such sales, within 90 days after the date of the completion of such sale. sistent with the requirements of section opment, production, and related activities, 55002, administer this title through regula- SEC. 55004. GRANT OF LEASES BY THE SEC- there shall be no surface occupancy of the tions, lease terms, conditions, restrictions, lands comprising the Special Area. RETARY. (a) IN GENERAL.—The Secretary may grant prohibitions, stipulations, and other provi- (4) DIRECTIONAL DRILLING.—Notwith- to the highest responsible qualified bidder in sions that— standing the other provisions of this sub- a lease sale conducted under section 55003 (1) ensure the oil and gas exploration, de- section, the Secretary may lease all or a por- any lands to be leased on the Coastal Plain velopment, and production activities on the tion of a Special Area under terms that per- upon payment by the such bidder of such Coastal Plain will result in no significant ad- mit the use of horizontal drilling technology bonus as may be accepted by the Secretary. verse effect on fish and wildlife, their habi- from sites on leases tracts located outside (b) SUBSEQUENT TRANSFERS.—No lease tat, and the environment; the Special Area. issued under this title may be sold, ex- (2) require the application of the best com- (f) LIMITATION ON CLOSED AREAS.—The Sec- changed, assigned, sublet, or otherwise mercially available technology for oil and retary’s sole authority to close lands within transferred except with the approval of the gas exploration, development, and produc- the Coastal Plain to oil and gas leasing and Secretary. Prior to any such approval the tion on all new exploration, development, to exploration, development, and production Secretary shall consult with, and give due and production operations; and is that set forth in this title. consideration to the views of, the Attorney (3) ensure that the maximum amount of (g) REGULATIONS.— General. surface acreage covered by production and (1) IN GENERAL.—The Secretary shall pre- SEC. 55005. LEASE TERMS AND CONDITIONS. support facilities, including airstrips and scribe such regulations as may be necessary (a) IN GENERAL.—An oil or gas lease issued any areas covered by gravel berms or piers to carry out this title, including regulations under this title shall— for support of pipelines, does not exceed relating to protection of the fish and wild- (1) provide for the payment of a royalty of 10,000 acres on the Coastal Plain for each life, their habitat, subsistence resources, and not less than 121⁄2 percent in amount or value 100,000 acres of area leased. environment of the Coastal Plain, by no of the production removed or sold under the (b) SITE-SPECIFIC ASSESSMENT AND MITIGA- later than 15 months after the date of enact- lease, as determined by the Secretary under TION.—The Secretary shall also require, with ment of this Act. the regulations applicable to other Federal respect to any proposed drilling and related (2) REVISION OF REGULATIONS.—The Sec- oil and gas leases; activities, that— retary shall, through a rule making con- (2) provide that the Secretary may close, (1) a site-specific analysis be made of the ducted in accordance with section 553 of title on a seasonal basis, portions of the Coastal probable effects, if any, that the drilling or 5, United States Code, periodically review Plain to exploratory drilling activities as related activities will have on fish and wild- and, if appropriate, revise the regulations necessary to protect caribou calving areas life, their habitat, subsistence resources, and issued under subsection (a) to reflect a pre- and other species of fish and wildlife based the environment; ponderance of the best available scientific on a preponderance of the best available sci- (2) a plan be implemented to avoid, mini- evidence that has been peer reviewed and ob- entific evidence that has been peer reviewed mize, and mitigate (in that order and to the tained by following appropriate, documented and obtained by following appropriate, docu- extent practicable) any significant adverse scientific procedures, the results of which mented scientific procedures, the results of effect identified under paragraph (1); and can be repeated using those same procedures. which can be repeated using those same pro- (3) the development of the plan shall occur SEC. 55003. LEASE SALES. cedures; after consultation with the agency or agen- (a) IN GENERAL.—Lands may be leased (3) require that the lessee of lands within cies having jurisdiction over matters miti- under this title to any person qualified to ob- the Coastal Plain shall be fully responsible gated by the plan. tain a lease for deposits of oil and gas under and liable for the reclamation of lands with- (c) REGULATIONS TO PROTECT COASTAL the Mineral Leasing Act (30 U.S.C. 181 et in the Coastal Plain and any other Federal PLAIN FISH AND WILDLIFE RESOURCES, SUB- seq.). lands that are adversely affected in connec- SISTENCE USERS, AND THE ENVIRONMENT.—Be- (b) PROCEDURES.—The Secretary shall, by tion with exploration, development, produc- fore implementing the leasing program au- regulation and no later than 180 days after tion, or transportation activities conducted thorized by this title, the Secretary shall the date of enactment of this title, establish under the lease and within the Coastal Plain prepare and promulgate regulations, lease procedures for— by the lessee or by any of the subcontractors terms, conditions, restrictions, prohibitions, (1) receipt and consideration of sealed or agents of the lessee; stipulations, and other measures designed to nominations for any area of the Coastal (4) provide that the lessee may not dele- ensure that the activities undertaken on the Plain for inclusion in, or exclusion (as pro- gate or convey, by contract or otherwise, the Coastal Plain under this title are conducted vided in subsection (c)) from, a lease sale; reclamation responsibility and liability to in a manner consistent with the purposes (2) the holding of lease sales after such another person without the express written and environmental requirements of this nomination process; and approval of the Secretary; title.

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(d) COMPLIANCE WITH FEDERAL AND STATE plicable Federal and State environmental 90 days after the complainant knew or rea- ENVIRONMENTAL LAWS AND OTHER REQUIRE- law. sonably should have known of the grounds MENTS.—The proposed regulations, lease (14) Fuel storage and oil spill contingency for the complaint. terms, conditions, restrictions, prohibitions, planning. (2) VENUE.—Any complaint seeking judicial and stipulations for the leasing program (15) Research, monitoring, and reporting review of any provision of this title or any under this title shall require compliance requirements. action of the Secretary under this title may with all applicable provisions of Federal and (16) Field crew environmental briefings. be filed only in the United States Court of State environmental law, and shall also re- (17) Avoidance of significant adverse ef- Appeals for the District of Columbia. quire the following: fects upon subsistence hunting, fishing, and (3) LIMITATION ON SCOPE OF CERTAIN RE- (1) Standards at least as effective as the trapping by subsistence users. VIEW.—Judicial review of a Secretarial deci- safety and environmental mitigation meas- (18) Compliance with applicable air and sion to conduct a lease sale under this title, ures set forth in items 1 through 29 at pages water quality standards. including the environmental analysis there- 167 through 169 of the ‘‘Final Legislative En- (19) Appropriate seasonal and safety zone of, shall be limited to whether the Secretary vironmental Impact Statement’’ (April 1987) designations around well sites, within which has complied with this title and shall be on the Coastal Plain. subsistence hunting and trapping shall be based upon the administrative record of that (2) Seasonal limitations on exploration, de- limited. decision. The Secretary’s identification of a velopment, and related activities, where nec- (20) Reasonable stipulations for protection preferred course of action to enable leasing essary, to avoid significant adverse effects of cultural and archeological resources. to proceed and the Secretary’s analysis of during periods of concentrated fish and wild- (21) All other protective environmental environmental effects under this title shall life breeding, denning, nesting, spawning, stipulations, restrictions, terms, and condi- be presumed to be correct unless shown oth- and migration based on a preponderance of tions deemed necessary by the Secretary. erwise by clear and convincing evidence to the best available scientific evidence that (e) CONSIDERATIONS.—In preparing and pro- the contrary. has been peer reviewed and obtained by fol- mulgating regulations, lease terms, condi- (b) LIMITATION ON OTHER REVIEW.—Actions lowing appropriate, documented scientific tions, restrictions, prohibitions, and stipula- of the Secretary with respect to which re- procedures, the results of which can be re- tions under this section, the Secretary shall view could have been obtained under this peated using those same procedures. consider the following: section shall not be subject to judicial re- (3) That exploration activities, except for (1) The stipulations and conditions that view in any civil or criminal proceeding for surface geological studies, be limited to the govern the National Petroleum Reserve- enforcement. period between approximately November 1 Alaska leasing program, as set forth in the (c) LIMITATION ON ATTORNEYS’ FEES AND and May 1 each year and that exploration ac- 1999 Northeast National Petroleum Reserve- COURT COSTS.—No person seeking judicial re- tivities shall be supported, if necessary, by Alaska Final Integrated Activity Plan/Envi- view of any action under this title shall re- ice roads, winter trails with adequate snow ronmental Impact Statement. ceive payment from the Federal Government cover, ice pads, ice airstrips, and air trans- (2) The environmental protection stand- for their attorneys’ fees and other court port methods, except that such exploration ards that governed the initial Coastal Plain costs, including under any provision of law activities may occur at other times if the seismic exploration program under parts enacted by the Equal Access to Justice Act Secretary finds that such exploration will 37.31 to 37.33 of title 50, Code of Federal Reg- (5 U.S.C. 504 note). have no significant adverse effect on the fish ulations. and wildlife, their habitat, and the environ- SEC. 55008. TREATMENT OF REVENUES. ment of the Coastal Plain. (3) The land use stipulations for explor- Notwithstanding any other provision of (4) Design safety and construction stand- atory drilling on the KIC ASRC private lands law, 50 percent of the amount of bonus, rent- ards for all pipelines and any access and that are set forth in appendix 2 of the August al, and royalty revenues from Federal oil and service roads, that— 9, 1983, agreement between Arctic Slope Re- gas leasing and operations authorized under (A) minimize, to the maximum extent pos- gional Corporation and the United States. this title shall be deposited in the Treasury. sible, adverse effects upon the passage of mi- (f) FACILITY CONSOLIDATION PLANNING.— SEC. 55009. RIGHTS-OF-WAY ACROSS THE COAST- gratory species such as caribou; and (1) IN GENERAL.—The Secretary shall, after AL PLAIN. (B) minimize adverse effects upon the flow providing for public notice and comment, (a) IN GENERAL.—The Secretary shall issue of surface water by requiring the use of cul- prepare and update periodically a plan to rights-of-way and easements across the verts, bridges, and other structural devices. govern, guide, and direct the siting and con- Coastal Plain for the transportation of oil (5) Prohibitions on general public access struction of facilities for the exploration, de- and gas produced under leases under this and use on all pipeline access and service velopment, production, and transportation of title— roads. Coastal Plain oil and gas resources. (1) except as provided in paragraph (2), (6) Stringent reclamation and rehabilita- (2) OBJECTIVES.—The plan shall have the under section 28 of the Mineral Leasing Act tion requirements, consistent with the following objectives: (30 U.S.C. 185), without regard to title XI of standards set forth in this title, requiring (A) Avoiding unnecessary duplication of fa- the Alaska National Interest Lands Con- the removal from the Coastal Plain of all oil cilities and activities. servation Act (16 U.S.C. 3161 et seq.); and and gas development and production facili- (B) Encouraging consolidation of common (2) under title XI of the Alaska National ties, structures, and equipment upon comple- facilities and activities. Interest Lands Conservation Act (30 U.S.C. tion of oil and gas production operations, ex- (C) Locating or confining facilities and ac- 3161 et seq.), for access authorized by sec- cept that the Secretary may exempt from tivities to areas that will minimize impact tions 1110 and 1111 of that Act (16 U.S.C. 3170 the requirements of this paragraph those fa- on fish and wildlife, their habitat, and the and 3171). cilities, structures, or equipment that the environment. (b) TERMS AND CONDITIONS.—The Secretary Secretary determines would assist in the (D) Utilizing existing facilities wherever shall include in any right-of-way or ease- management of the Arctic National Wildlife practicable. ment issued under subsection (a) such terms Refuge and that are donated to the United (E) Enhancing compatibility between wild- and conditions as may be necessary to en- States for that purpose. life values and development activities. sure that transportation of oil and gas does (7) Appropriate prohibitions or restrictions (g) ACCESS TO PUBLIC LANDS.—The Sec- not result in a significant adverse effect on on access by all modes of transportation. retary shall— the fish and wildlife, subsistence resources, (8) Appropriate prohibitions or restrictions (1) manage public lands in the Coastal their habitat, and the environment of the on sand and gravel extraction. Plain subject to of section 811 of the Alaska Coastal Plain, including requirements that (9) Consolidation of facility siting. National Interest Lands Conservation Act (16 facilities be sited or designed so as to avoid (10) Appropriate prohibitions or restric- U.S.C. 3121); and unnecessary duplication of roads and pipe- tions on use of explosives. (2) ensure that local residents shall have lines. (11) Avoidance, to the extent practicable, reasonable access to public lands in the (c) REGULATIONS.—The Secretary shall in- of springs, streams, and river systems; the Coastal Plain for traditional uses. clude in regulations under section 55002(g) protection of natural surface drainage pat- SEC. 55007. EXPEDITED JUDICIAL REVIEW. provisions granting rights-of-way and ease- terns, wetlands, and riparian habitats; and (a) FILING OF COMPLAINT.— ments described in subsection (a) of this sec- the regulation of methods or techniques for (1) DEADLINE.—Subject to paragraph (2), tion. developing or transporting adequate supplies any complaint seeking judicial review— SEC. 55010. CONVEYANCE. of water for exploratory drilling. (A) of any provision of this title shall be In order to maximize Federal revenues by (12) Avoidance or minimization of air traf- filed by not later than 1 year after the date removing clouds on title to lands and clari- fic-related disturbance to fish and wildlife. of enactment of this Act; or fying land ownership patterns within the (13) Treatment and disposal of hazardous (B) of any action of the Secretary under Coastal Plain, the Secretary, notwith- and toxic wastes, solid wastes, reserve pit this title shall be filed— standing section 1302(h)(2) of the Alaska Na- fluids, drilling muds and cuttings, and do- (i) except as provided in clause (ii), within tional Interest Lands Conservation Act (16 mestic wastewater, including an annual the 90-day period beginning on the date of U.S.C. 3192(h)(2)), shall convey— waste management report, a hazardous ma- the action being challenged; or (1) to the Kaktovik Inupiat Corporation terials tracking system, and a prohibition on (ii) in the case of a complaint based solely the surface estate of the lands described in chlorinated solvents, in accordance with ap- on grounds arising after such period, within paragraph 1 of Public Land Order 6959, to the

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extent necessary to fulfill the Corporation’s (c) REDUCED PAYMENTS TO ENSURE PRODUC- (C) appropriate safeguards for safety and entitlement under sections 12 and 14 of the TION.—The Secretary of the Interior may operational necessity, including safeguards Alaska Native Claims Settlement Act (43 temporarily reduce royalties, fees, rentals, to avoid adverse effects on the safe and effi- U.S.C. 1611 and 1613) in accordance with the bonus, or other payments for leases of Fed- cient use and management of the national terms and conditions of the Agreement be- eral lands for the development and produc- airspace system; and tween the Department of the Interior, the tion of oil shale resources as necessary to (D) penalties for failing to comply with the United States Fish and Wildlife Service, the incentivize and encourage development of requirements described in subparagraph (A). Bureau of Land Management, and the such resources, if the Secretary determines (3) LOS ANGELES COUNTY FLIGHT PATHS.— Kaktovik Inupiat Corporation dated January that the royalties, fees, rentals, bonus bids, Not later than 2 years after the date of the 22, 1993; and and other payments otherwise authorized by enactment of this Act, the Administrator of (2) to the Arctic Slope Regional Corpora- law are hindering production of such re- the Federal Aviation Administration shall tion the remaining subsurface estate to sources. prescribe regulations for helicopter oper- which it is entitled pursuant to the August 9, ations in Los Angeles County, California, 1983, agreement between the Arctic Slope Re- SA 1714. Mrs. HUTCHISON submitted that include requirements relating to the gional Corporation and the United States of an amendment intended to be proposed flight paths and altitudes associated with America. by her to the bill S. 1813, to reauthorize such operations to reduce helicopter noise pollution in residential areas, increase safe- TITLE VI—OIL SHALE AND TAR SANDS Federal-aid highway and highway safe- ty, and minimize commercial aircraft delays. LEASING ty construction programs, and for (b) EXCEPTIONS FOR EMERGENCY, LAW EN- SEC. 56001. EFFECTIVENESS OF OIL SHALE REGU- other purposes; which was ordered to lie on the table; as follows: FORCEMENT, BROADCASTING AND MILITARY LATIONS, AMENDMENTS TO RE- HELICOPTERS.—The rules required under sub- SOURCE MANAGEMENT PLANS, AND On page 6, strike lines 13 and 14 and insert section (a) shall provide exceptions for heli- RECORD OF DECISION. the following: copter activity related to emergency, law en- (a) REGULATIONS.—Notwithstanding any (4) COORDINATED BORDER INFRASTRUCTURE forcement, broadcast news gathering, or other law or regulation to the contrary, the PROGRAM.—For the coordinated border infra- military activities. final regulations regarding oil shale manage- structure program under section 1303 of the (c) COMPLIANCE MONITORING.—For the 24 ment published by the Bureau of Land Man- SAFETEA LU (23 U.S.C. 101 note; 119 Stat. month period following the completion of agement on November 18, 2008 (73 Fed. Reg. 1207), to be derived and transferred from the rulemakings required in subsection (a), 69,414) are deemed to satisfy all legal and amounts authorized to be appropriated for the Administrator of the Federal Aviation procedural requirements under any law, in- each fiscal year under paragraph (1)— Administration shall monitor compliance cluding the Federal Land Policy and Man- (A) $210,000,000 for fiscal year 2012; and with the rulemakings required under sub- agement Act of 1976 (43 U.S.C. 1701 et seq.), (B) $214,000,000 for fiscal year 2013. section (a). This monitoring shall include the Endangered Species Act of 1973 (16 U.S.C. (5) TERRITORIAL AND PUERTO RICO HIGHWAY both the route and altitude of helicopter op- 1531 et seq.), the National Environmental PROGRAM.—For the territorial and Puerto erations. Policy Act of 1969 (42 U.S.C. 4321 et seq.), and Rico (d) CONSULTATIONS.—In prescribing the reg- the Energy Policy Act of 2005 (Public Law ulations under subsection (a)(3), the Admin- 109 58), and the Secretary of the Interior SA 1715. Mr. SCHUMER submitted an istrator of the Federal Aviation Administra- shall implement those regulations, including amendment intended to be proposed by tion shall make reasonable efforts to consult the oil shale and tar sands leasing program him to the bill S. 1813, to reauthorize with local communities and local helicopter authorized by the regulations, without any Federal-aid highway and highway safe- operators in order to develop regulations other administrative action necessary. ty construction programs, and for that meet the needs of local communities, (b) AMENDMENTS TO RESOURCE MANAGE- helicopter operators, and the Federal Avia- other purposes; which was ordered to tion Administration. MENT PLANS AND RECORD OF DECISION.—Not- lie on the table; as follows: withstanding any other law or regulation to (e) REPORT TO CONGRESS.—Within 60 days the contrary, the November 17, 2008 U.S. Bu- At the appropriate place, insert the fol- of the conclusion of the compliance moni- reau of Land Management Approved Re- lowing: toring required in subsection (c), the Admin- source Management Plan Amendments/ SEC. ll. CONTROLLING HELICOPTER NOISE istrator shall submit to the Committee on Record of Decision for Oil Shale and Tar POLLUTION IN RESIDENTIAL AREAS. Commerce, Science, and Transportation of (a) RULEMAKING WITH RESPECT TO REDUC- Sands Resources to Address Land Use Allo- the Senate and the Committee on Transpor- ING HELICOPTER NOISE POLLUTION.— cations in Colorado, Utah, and Wyoming and tation and Infrastructure of the House of (1) NEW YORK NORTH SHORE HELICOPTER Representatives a report that includes, at Final Programmatic Environmental Impact ROUTE.—Not later than 1 year after the date minimum— Statement are deemed to satisfy all legal of the enactment of this Act, the Adminis- (1) the compliance rate of helicopter oper- and procedural requirements under any law, trator of the Federal Aviation Administra- ations; including the Federal Land Policy and Man- tion shall issue a final rule in Docket No. (2) the average altitude of helicopter oper- agement Act of 1976 (43 U.S.C. 1701 et seq.), FAA-2010-0302 (The New York North Shore ations; the Endangered Species Act of 1973 (16 U.S.C. Helicopter Route), without additional notice (3) a comparison of North Shore and South 1531 et seq.), the National Environmental and comment. The final rule shall include— Shore route use; Policy Act of 1969 (42 U.S.C. 4321 et seq.), and (A) a requirement for helicopter operators (4) analysis of season, time and day use of the Energy Policy Act of 2005 (Public Law to utilize the North Shore route, as charted, the helicopter operations; and 109 58), and the Secretary of the Interior when operating in that area of Long Island, (5) analysis of impact to commercial air- shall implement the oil shale and tar sands New York; craft arrival and departure flows. leasing program authorized by the regula- (B) a requirement for helicopter operations tions referred to in subsection (a) in those to enter and exit the west terminus of North SA 1716. Mr. SCHUMER submitted an areas covered by the resource management Shore Helicopter Route over water at amendment intended to be proposed by plans amended by such amendments, and VPROK; him to the bill S. 1813, to reauthorize covered by such record of decision, without (C) appropriate safeguards for safety and any other administrative action necessary. Federal-aid highway and highway safe- operational necessity, including safeguards ty construction programs, and for SEC. 56002. OIL SHALE AND TAR SANDS LEASING. to avoid adverse effects on the safe and effi- (a) ADDITIONAL RESEARCH AND DEVELOP- cient use and management of the national other purposes; which was ordered to MENT LEASE SALES.—The Secretary of the In- airspace system; and lie on the table; as follows: terior shall hold a lease sale within 180 days (D) penalties for failing to comply with the At the end of subtitle G of title II of divi- after the date of enactment of this Act offer- requirements described in subparagraph (A). sion C, add the following: ing an additional 10 parcels for lease for re- (2) LONG ISLAND SOUTH SHORE ROUTE.—Not SEC. 32714. DISCLOSURE OF SAFETY PERFORM- search, development, and demonstration of later than 18 months after the date of enact- ANCE RATINGS OF MOTORCOACH oil shale or tar sands resources, under the ment of this Act, the Administrator of the SERVICES AND OPERATIONS. terms offered in the solicitation of bids for Federal Aviation Administration shall issue (a) IN GENERAL.—Subchapter I of chapter such leases published on January 15, 2009 (74 a notice of proposed rulemaking to address 141 of title 49, United States Code, is amend- Fed. Reg. 10). helicopter noise on the South Shore of Long ed by adding at the end the following: (b) COMMERCIAL LEASE SALES.—No later Island, New York. The proposed rule shall in- ‘‘§ 14105. Safety performance ratings of mo- than January 1, 2016, the Secretary of the In- clude— torcoach services and operations terior shall hold no less than 5 separate com- (A) a requirement for helicopter operators ‘‘(a) DEFINITIONS.—In this section: mercial lease sales in areas considered to to utilize the South Shore route, as charted, ‘‘(1) MOTORCOACH.— have the most potential for oil shale or tar when operating in that area of Long Island, ‘‘(A) IN GENERAL.—Except as provided in sands development, as determined by the New York; subparagraph (B), the term ‘motorcoach’ has Secretary, in areas nominated through pub- (B) an expansion of the existing route to the meaning given to the term ‘over-the-road lic comment. Each lease sale shall be for an include linkage east of Orient and Montauk bus’ in section 3038(a)(3) of the Transpor- area of not less than 25,000 acres, and in mul- Points to the North Shore Helicopter Route tation Equity Act for the 21st Century (49 tiple lease blocs. remaining over water; U.S.C. 5310 note).

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‘‘(B) INCLUSIONS AND EXCLUSIONS.—The SEC. ll. SUBALLOCATION OF FUNDS FOR ‘‘(i) other than urbanized areas; and term ‘motorcoach’— MULTISTATE URBANIZED AREAS. ‘‘(ii) urbanized areas with a population of ‘‘(i) includes a motor vehicle used to trans- Section 5340(d)(5) of title 49, United States less than 200,000. port passengers that has a gross vehicle Code, as amended by this Act, is amended by ‘‘(2) DEVELOPMENT OF PLAN.—A coordinated weight of at least 10,001 pounds; and striking the second sentence. public transportation plan under paragraph ‘‘(ii) does not include— (1) shall be developed and approved through ‘‘(I) a bus used in public transportation SA 1718. Mr. SCHUMER submitted an a process that includes participation by— that is provided by a State or local govern- amendment intended to be proposed by ‘‘(A) low-income individuals; ment; or him to the bill S. 1813, to reauthorize ‘‘(B) individuals with disabilities; ‘‘(II) a school bus (as defined in section Federal-aid highway and highway safe- ‘‘(C) seniors; 30125(a)(1)), including a multifunction school ty construction programs, and for ‘‘(D) representatives of public, private, and activity bus. other purposes; which was ordered to nonprofit transportation and human services ‘‘(2) MOTORCOACH SERVICES AND OPER- lie on the table; as follows: providers; ATIONS.—The term ‘motorcoach services and At the appropriate place in the amend- ‘‘(E) Indian tribes; and operations’ means passenger transportation ment, insert the following: ‘‘(F) the public. by a motorcoach for compensation. SEC. ll. MAXIMUM HOUR REQUIREMENTS. ‘‘(3) MOBILITY MANAGEMENT.—Each State ‘‘(b) RULEMAKING.— Section 13(b)(1) of the Fair Labor Stand- shall allocate not more than 1 percent of the ‘‘(1) IN GENERAL.—Not later than 1 year ards Act of 1938 (29 U.S.C. 213(b)(1)) is amend- amounts made available to the State under after the date on which the safety fitness de- ed by inserting before the semicolon the fol- each of this section, section 5310, or section termination rule is implemented, the Sec- lowing: ‘‘, except a driver of an ‘over-the- 5336(a)(1), as applicable, for mobility man- retary shall require, by regulation— road bus’ (as defined in section 3038(a)(3) of agement activities, as described in section ‘‘(A) each motor carrier that owns or the Transportation Equity Act for the 21st 5302(3)(K), relating to the development of, or leases 1 or more motorcoaches that trans- Century (Public Law 105 178; 49 U.S.C. 5310 included in, the coordinated public transpor- port passengers subject to the Secretary’s ju- note))’’. tation plan. risdiction under section 13501 to display ‘‘(4) PARTICIPATION IN PLAN.—Each State prominently in each terminal of departure, SA 1719. Mr. SCHUMER submitted an that receives amounts made available under on the motorcoach if the motorcoach does amendment intended to be proposed by this section or section 5310 shall, to the ex- not depart from a terminal, and at all points him to the bill S. 1813, to reauthorize tent practicable, give priority in the alloca- of sale for such motorcoach services and op- Federal-aid highway and highway safe- tion of amounts made available under this section or section 5310 to recipients that par- erations, a simple and understandable letter ty construction programs, and for grade rating system that allows motorcoach ticipated in the development of the coordi- passengers to compare the safety perform- other purposes; which was ordered to nated public transportation plan under this ance of motorcoach operators; and lie on the table; as follows: subsection. ‘‘(B) any person who sells tickets for mo- On page 350, line 8, strike ‘‘and’’ and all ‘‘(5) PROJECT SELECTION AND PLAN DEVELOP- torcoach services and operations to display that follows through line 11, insert the fol- MENT.—Each recipient of amounts made the letter grade rating system described in lowing: available under this section, section 5310, or subparagraph (A) at all points of sale for ‘‘(D) the development of technologies to section 5336(a)(1) shall certify that— such motorcoach services and operations. detect drug impaired drivers; and ‘‘(A) the projects selected by the recipient ‘‘(2) ITEMS INCLUDED IN THE RULEMAKING.— ‘‘(E) the effect of State laws on any as- to be carried out using amounts made avail- In promulgating safety performance ratings pects, activities, or programs described in able under such sections were included in the for motorcoaches pursuant to the rule- subparagraphs (A) through (D). coordinated public transportation plan or making required under paragraph (1), the otherwise approved by the Governor of the Secretary shall consider— SA 1720. Mr. AKAKA submitted an State; ‘‘(A) the frequency with which safety per- amendment intended to be proposed by ‘‘(B) to the maximum extent feasible, the formance ratings will be assigned and up- him to the bill S. 1813, to reauthorize services funded using amounts made avail- dated, which updates shall take place at Federal-aid highway and highway safe- able under such sections are coordinated least once per year; ty construction programs, and for with transportation services funded by other ‘‘(B) the specific data elements and sources other purposes; which was ordered to Federal departments and agencies; and of information to be utilized in establishing lie on the table; as follows: ‘‘(C) any amounts made available under and updating safety performance ratings for such sections that are allocated to subrecipi- At the end of division B, add the following: motorcoaches; ents are allocated on a fair and equitable ll ‘‘(C) the need and extent to which safety SEC. . COORDINATED PUBLIC TRANSPOR- basis.’’. TATION PLAN. performance ratings should be made avail- Chapter 53 of title 49, United States Code, SA 1721. Mr. AKAKA (for himself, Ms. able in languages other than English; and as amended by this Act, is amended— MURKOWSKI, Mr. INOUYE, and Mr. ‘‘(D) penalties authorized under section (1) in section 5307(b)(2), in the matter pre- BEGICH) submitted an amendment in- 521. ceding subparagraph (A), by inserting ‘‘that ‘‘(3) INSUFFICIENT INSPECTIONS.—Any motor receives amounts apportioned for an urban- tended to be proposed by him to the carrier for which insufficient safety data is ized area with a population of at least bill S. 1813, to reauthorize Federal-aid available shall display a label warning of 200,000’’ after ‘‘Each grant recipient under highway and highway safety construc- such insufficiency. this subsection’’; tion programs, and for other purposes; ‘‘(c) EFFECT ON STATE AND LOCAL LAW.— (2) in section 5310, by striking subsection which was ordered to lie on the table; Nothing in this section may be construed to (e) and inserting the following: as follows: preempt a State, or a political subdivision of ‘‘(e) REQUIREMENTS.—A grant under this At the appropriate place, insert the fol- a State, from enforcing any requirements section shall be subject to the same require- lowing: concerning the manner and content of con- ments as a grant under section 5307, to the sumer information provided by motor car- SEC. ll. DEFINITION OF THE TERM ‘‘LOW-IN- extent the Secretary determines appro- COME INDIVIDUAL’’. riers that are not subject to the Secretary’s priate.’’; and Section 5302(10) of title 49, United States jurisdiction under section 13501.’’. (3) in section 5311— Code, as amended by this Act, is amended by (b) CLERICAL AMENDMENT.—The analysis of (A) in subsection (g)— striking ‘‘line, as that term is defined in sec- chapter 141 of title 49, United States Code, is (i) by striking paragraph (2); and tion 673(2) of the Community Services Block amended by inserting after the item relating (ii) by redesignating paragraph (3) as para- Grant Act (42 U.S.C. 9902(2)), including any to section 14104 the following: graph (2); and revision required by that section,’’ and in- ‘‘Sec. 14105. Safety performance ratings of (B) by adding at the end the following: serting ‘‘guidelines updated periodically in ‘‘(l) COORDINATED PUBLIC TRANSPORTATION motorcoach services and oper- the Federal Register by the Department of PLAN.— ations.’’. Health and Human Services under section ‘‘(1) IN GENERAL.—Each State that receives 673(2) of the Community Services Block funding under this section, section 5310, or Grant Act (42 U.S.C. 9902(2))’’. SA 1717. Mr. SCHUMER submitted an section 5336(a)(1) shall develop a coordinated amendment intended to be proposed by public transportation plan, in coordination SA 1722. Mr. LIEBERMAN (for him- him to the bill S. 1813, to reauthorize with each recipient of funding under this sec- self and Ms. COLLINS) submitted an Federal-aid highway and highway safe- tion, section 5310, or section 5336(a)(1), re- amendment intended to be proposed by spectively, in the State— ty construction programs, and for him to the bill S. 1813, to reauthorize other purposes; which was ordered to ‘‘(A) to enhance the coordination and effi- ciency of public transportation service; and Federal-aid highway and highway safe- lie on the table; as follows: ‘‘(B) to improve public transportation serv- ty construction programs, and for At the appropriate place, insert the fol- ice for low-income individuals, individuals other purposes; which was ordered to lowing: with disabilities, and seniors in— lie on the table; as follows:

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Strike section 20007 of the amendment and (f) BRIEFINGS.— (c) ALGAE TREATED AS A QUALIFIED FEED- insert the following: (1) INITIAL BRIEFING.—Not later than 180 STOCK FOR PURPOSES OF BONUS DEPRECIATION SEC. 20007. INTERAGENCY AGREEMENT. days after the date of enactment of this Act, FOR BIOFUEL PLANT PROPERTY.— (a) PURPOSES.—The purposes of this section the Secretary of Transportation and the Sec- (1) IN GENERAL.—Subparagraph (A) of sec- are— retary of Homeland Security shall jointly tion 168(l)(2) of the Internal Revenue Code of (1) to improve coordination between the brief the Committee on Banking, Housing, 1986 is amended by striking ‘‘solely to Department of Transportation and the De- and Urban Affairs and the Committee on produce cellulosic biofuel’’ and inserting partment of Homeland Security; and Homeland Security and Governmental Af- ‘‘solely to produce second generation biofuel (2) to expedite the provision of Federal as- fairs of the Senate on the interagency agree- (as defined in section 40(b)(6)(E))’’. sistance for public transportation systems ment required under subsection (b). (2) CONFORMING AMENDMENTS.—Subsection for activities relating to a major disaster or (2) QUARTERLY BRIEFINGS.—Each quarter of (l) of section 168 of such Code is amended— emergency declared by the President under the 1-year period beginning on the date on (A) by striking ‘‘cellulosic biofuel’’ each the Robert T. Stafford Disaster Relief and which the Secretary of Transportation and place it appears in the text thereof and in- Emergency Assistance Act (42 U.S.C. 5121 et the Secretary of Homeland Security enter serting ‘‘second generation biofuel’’, seq.) (referred to in this subsection as a into the interagency agreement required (B) by striking paragraph (3) and redesig- ‘‘major disaster or emergency’’). under subsection (b), the Secretary of Trans- nating paragraphs (4) through (8) as para- (b) AGREEMENT.—Not later than 180 days portation and the Secretary of Homeland Se- graphs (3) through (7), respectively, after the date of enactment of this Act, the curity shall jointly brief the Committee on (C) by striking ‘‘CELLULOSIC’’ in the head- Secretary of Transportation and the Sec- Banking, Housing, and Urban Affairs and the ing of such subsection and inserting ‘‘SECOND retary of Homeland Security shall enter into Committee on Homeland Security and Gov- GENERATION’’, and an interagency agreement to coordinate the ernmental Affairs of the Senate on the im- (D) by striking ‘‘CELLULOSIC’’ in the head- roles and responsibilities of the Department plementation of the interagency agreement. ing of paragraph (2) and inserting ‘‘SECOND of Transportation and the Department of (g) TECHNICAL AND CONFORMING AMEND- GENERATION’’. Homeland Security in the provision, repair, MENT.— (d) CONFORMING AMENDMENTS.— and restoration of public transportation (1) REPEAL.—Section 5306 of title 49, United (1) Section 40 of the Internal Revenue Code services in areas for which the President has States Code, is repealed. of 1986, as amended by subsection (b), is declared a major disaster or emergency. (2) OTHER MATTERS.—Notwithstanding sub- amended— (A) by striking ‘‘cellulosic biofuel’’ each (c) CONTENTS OF AGREEMENT.—The inter- section (b) of section 5338 of title 49, United agency agreement required under subsection States Code, as amended by this Act, no place it appears in the text thereof and in- (b) shall— amounts are authorized to be appropriated serting ‘‘second generation biofuel’’, (1) provide for improved coordination and to carry out section 5306 of title 49, United (B) by striking ‘‘CELLULOSIC’’ in the head- expeditious use of public transportation, as States Code. ings of subsections (b)(6), (b)(6)(E), and (d)(3)(D) and inserting ‘‘SECOND GENERA- appropriate, in response to and recovery SA 1723. Mr. NELSON of Florida (for from a major disaster or emergency; TION’’, and (2) establish procedures to address— himself and Mr. BINGAMAN) submitted (C) by striking ‘‘CELLULOSIC’’ in the head- (A) issues that have contributed to delays an amendment intended to be proposed ings of subsections (b)(6)(C), (b)(6)(D), in the reimbursement of eligible transpor- by him to the bill S. 1813, to reauthor- (b)(6)(H), (d)(6), and (e)(3) and inserting ‘‘SEC- tation-related expenses relating to a major ize Federal-aid highway and highway OND GENERATION’’. disaster or emergency; and safety construction programs, and for (2) Clause (ii) of section 40(b)(6)(E) of such (B) any challenges identified in the review other purposes; which was ordered to Code is amended by striking ‘‘Such term shall not’’ and inserting ‘‘The term ‘second under subsection (d); and lie on the table; as follows: (3) provide for the development and dis- generation biofuel’ shall not’’. In division D, on page 728, between lines 17 (3) Paragraph (1) of section 4101(a) of such tribution of clear guidelines for State, local, and 18, insert the following: and tribal governments, including public Code is amended by striking ‘‘cellulosic SEC. llll. ALGAE TREATED AS A QUALIFIED biofuel’’ and inserting ‘‘second generation transportation agencies, relating to— FEEDSTOCK FOR PURPOSES OF THE (A) assistance available to public transpor- biofuel’’. CELLULOSIC BIOFUEL PRODUCER (e) EFFECTIVE DATES.— tation systems for activities relating to a CREDIT, ETC. (1) IN GENERAL.—Except as provided in major disaster or emergency— (a) IN GENERAL.—Subclause (I) of section paragraph (2), the amendments made by this (i) under the Robert T. Stafford Disaster 40(b)(6)(E)(i) of the Internal Revenue Code of section shall apply to fuels sold or used after Relief and Emergency Assistance Act; and 1986 is amended to read as follows: the date of the enactment of this Act. (ii) from other sources, including other ‘‘(I) is derived by, or from, qualified feed- (2) APPLICATION TO BONUS DEPRECIATION.— Federal agencies; and stocks, and’’. The amendments made by subsection (c) (B) reimbursement procedures that speed (b) QUALIFIED FEEDSTOCK; SPECIAL RULES shall apply to property placed in service the process of— FOR ALGAE.—Paragraph (6) of section 40(b) of after the date of the enactment of this Act. (i) applying for assistance under the Rob- the Internal Revenue Code of 1986 is amended ert T. Stafford Disaster Relief and Emer- by redesignating subparagraphs (F), (G), and SA 1724. Mr. BEGICH submitted an gency Assistance Act; and (H) as subparagraphs (H), (I), and (J), respec- amendment intended to be proposed by (ii) distributing assistance to public trans- tively, and by inserting after subparagraph portation systems under the Robert T. Staf- (E) the following new subparagraphs: him to the bill S. 1813, to reauthorize ford Disaster Relief and Emergency Assist- ‘‘(F) QUALIFIED FEEDSTOCK.—For purposes Federal-aid highway and highway safe- ance Act. of this paragraph, the term ‘qualified feed- ty construction programs, and for (d) AFTER ACTION REVIEW.—Before entering stock’ means— other purposes; which was ordered to into an interagency agreement under sub- ‘‘(i) any lignocellulosic or hemicellulosic lie on the table; as follows: section (b), the Secretary of Transportation matter that is available on a renewable or On page 87, line 20, strike ‘‘50 percent’’ and and the Secretary of Homeland Security recurring basis, and insert ‘‘62.5 percent’’. (acting through the Administrator of the ‘‘(ii) any cultivated algae, cyanobacteria, On page 88, line 8, strike ‘‘50 percent’’ and Federal Emergency Management Agency), in or lemna. insert ‘‘37.5 percent’’. consultation with State, local, and tribal ‘‘(G) SPECIAL RULES FOR ALGAE.—In the governments (including public transpor- case of fuel which is derived by, or from, SA 1725. Mr. LAUTENBERG sub- tation agencies) that have experienced a feedstock described in subparagraph (F)(ii) mitted an amendment intended to be major disaster or emergency, shall review and which is sold by the taxpayer to another proposed by him to the bill S. 1813, to after action reports relating to major disas- person for refining by such other person into reauthorize Federal-aid highway and ters, emergencies, and exercises, to identify a fuel which meets the requirements of sub- highway safety construction programs, areas where coordination between the De- paragraph (E)(i)(II) and the refined fuel is partment of Transportation and the Depart- not excluded under subparagraph (E)(iii)— and for other purposes; which was or- ment of Homeland Security and the provi- ‘‘(i) such sale shall be treated as described dered to lie on the table; as follows: sion of public transportation services should in subparagraph (C)(i), At the appropriate place, insert the fol- be improved. ‘‘(ii) such fuel shall be treated as meeting lowing: (e) FACTORS FOR DECLARATIONS OF MAJOR the requirements of subparagraph (E)(i)(II) SEC. lll. REVIEW AND REGULATION OF TOLLS. DISASTERS AND EMERGENCIES.—The Adminis- and as not being excluded under subpara- (a) IN GENERAL.—Section 135 of the Surface trator of the Federal Emergency Manage- graph (E)(iii) in the hands of such taxpayer, Transportation and Uniform Relocation As- ment Agency shall make available to State, and sistance Act of 1987 (33 U.S.C. 508; Public Law local, and tribal governments, including pub- ‘‘(iii) except as provided in this subpara- 100 17; 101 Stat. 174) is amended to read as lic transportation agencies, a description of graph, such fuel (and any fuel derived from follows: the factors that the President considers in such fuel) shall not be taken into account ‘‘SEC. 135. REVIEW AND REGULATION OF TOLLS. declaring a major disaster or emergency, in- under subparagraph (C) with respect to the ‘‘(a) IN GENERAL.—Tolls for passage or cluding any pre-disaster declaration policies. taxpayer or any other person.’’. transit over any bridge constructed under

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the Act of March 23, 1906 (33 U.S.C. 491 et (2) RENTAL TRUCK.—The term ‘‘rental lease their personal identification informa- seq.) (commonly known as the ‘Bridge Act of truck’’ means a motor vehicle with a gross tion to the public, to the motor vehicle man- 1906’), the General Bridge Act of 1946 (33 vehicle weight rating of between 10,000 and ufacturer, or both. U.S.C. 525 et seq.), or the International 26,000 pounds that is made available for rent- (b) CONSUMER AUTHORIZATION AND INFORMA- Bridge Act of 1972 (33 U.S.C. 535 et seq.), and al by a rental truck company. TION RELEASE.— over or through any bridge or tunnel con- (3) RENTAL TRUCK COMPANY.—The term (1) MODIFICATION OF SYSTEMS OF RECORDS structed on a Federal-aid highway (as de- ‘‘rental truck company’’ means a person or AND INFORMATION COLLECTION FORMS.—The fined in section 101(a) of title 23, United company that is in the business of renting or Secretary shall revise any and all systems of States Code) under any other provision of leasing rental trucks to the public or for pri- records and information collection forms, law, shall be— vate use. whether paper or electronic, used by the De- ‘‘(1) just and reasonable; and (b) STUDY.— partment of Transportation to obtain motor ‘‘(2) subject to review and regulation by (1) IN GENERAL.—The Secretary shall con- vehicle defect information from vehicle own- the Secretary, upon complaint or the initia- duct a study of the safety of rental trucks ers and consumers, including the vehicle tive of the Secretary, including with respect during the 7-year period ending on December owner’s questionnaire, to include 2 separate to increases in the amount of tolls. 31, 2012. statements that authorize the Secretary, at ‘‘(b) REGULATIONS.—The Secretary shall (2) REQUIREMENTS.—The study conducted the option of the person submitting the de- promulgate such regulations as are nec- under paragraph (1) shall— fect information form, to release the per- essary to carry out this section, including (A) identify the number of crashes involv- sonal identification information included on regulations that— ing rental trucks or rental equipment occur- the defect information form. ‘‘(1)(A) define the term ‘just and reason- ring during each year of the study and the (2) SEPARATE STATEMENTS.—The 2 state- able’ for purposes of this section; number of deaths resulting from such crash- ments required by paragraph (1) shall sepa- ‘‘(B) establish a process to determine es during each year; rately permit the person submitting the whether tolls are just and reasonable for pur- (B) determine whether the crashes identi- form to authorize the Secretary to release poses of this section; and fied under subparagraph (A) were caused by the personal identification information con- ‘‘(C) prescribe, when appropriate, the just driver error or as a result of vehicle malfunc- tained in the defect information form— and reasonable rates of tolls to be charged tion; (A) to the public; and under this section; (C) determine the percentage of such crash- (B) to the manufacturer of the motor vehi- ‘‘(2) establish a process for the filing of an es resulting from vehicle malfunction that cle that is the subject of the defect informa- administrative complaint to challenge a de- could have been prevented through manda- tion collection form. termination described in paragraph (1)(B); tory vehicle inspections; (c) MANNER AND CONTENT OF DISCLOSURE.— ‘‘(3) authorize the Secretary, or a des- (D) evaluate available safety data of fatali- (1) DISCLOSURE TO PUBLIC.—In the case of a ignated administrative law judge— ties and injuries incurred in crashes involv- person filing a defect information form that ‘‘(A) to consider a complaint from any per- ing rental trucks or rental equipment; authorizes the Secretary to make the per- son aggrieved by a toll increase on any (E) review the sources of available safety son’s personal identification information bridge or tunnel described in subsection (a); data of rental truck use, including police ac- available to the public, the Secretary shall and cident reports, consumer complaints, and make the personal identification informa- ‘‘(B) to conduct an investigation and, if ap- other sources; tion on that form, along with the informa- propriate, hold a formal hearing on such a (F) estimate the property damage and tion describing the defect, available on a complaint; and costs involved in crashes resulting from searchable database that is accessible to the ‘‘(4) authorize a person who submitted a rental truck operations; public. complaint described in paragraph (3)(A) to (G) analyze State and local laws regulating (2) DISCLOSURE TO MANUFACTURERS.—In the challenge the final administrative deter- rental truck companies, including safety and case of a person filing a defect information mination of the Secretary or administrative inspection requirements; form that authorizes the Secretary to make law judge on the complaint, after issuance of (H) assess rental truck maintenance pro- the person’s personal identification informa- that determination, in the appropriate grams provided by rental truck companies, tion available to the manufacturer of the United States district court in accordance including the frequency of rental truck motor vehicle that is the subject of the de- with subchapter II of chapter 5, and chapter maintenance inspections, and compare such fect information form, the Secretary shall 7, of title 5, United States Code (commonly programs with inspection requirements for provide a copy of the safety defect informa- known as the ‘Administrative Procedure passenger vehicles and commercial motor ve- tion form, along with the information de- Act’).’’. hicles; scribing the safety defect and the personal (b) CONFORMING AMENDMENT.—The table of (I) include any other information available identification information provided by the contents for the Surface Transportation and regarding the safety of rental trucks and person filing the defect information form, to Uniform Relocation Assistance Act of 1987 rental equipment; and such manufacturer. (23 U.S.C. 101 note; Public Law 100 17) is (J) review any other information that the (3) CONTENT.—The personal information of amended by striking the item relating to Secretary determines to be appropriate. a person filing a defect information form dis- section 135 and inserting the following: (c) REPORT.—Not later than 6 months after closed under this section, at the option of ‘‘Sec. 135. Review and regulation of tolls.’’. the date of the enactment of this Act, the the person filing the defect information SEC. ll. STUDY ON USE OF TOLLS BY INTER- Secretary shall submit a report to the Com- form, shall include the following: STATE AUTHORITIES. mittee on Commerce, Science, and Transpor- (A) The name of the person. As soon as practicable after the date of en- tation of the Senate and the Committee on (B) The street address of the person. actment of this Act, the Comptroller General Transportation and Infrastructure of the (C) The e-mail address of the person. shall conduct, and submit to the appropriate House of Representatives that contains— (D) The telephone number of the person. committees of Congress a report on the re- (1) the findings of the study conducted pur- (E) The vehicle identification number of sults of, a study— suant to subsection (b); and the motor vehicle described in the safety de- (1) to evaluate the use of tolls by inter- (2) any recommendations for legislation fect information form. state authorities to maintain and improve that the Secretary determines to be appro- (d) CONSUMER NOTICE.—The Secretary shall surface transportation facilities; and priate. ensure that the statements authorizing the (2) to make recommendations to increase release of personal identification informa- transparency and accountability of the fund- SA 1727. Mr. BLUMENTHAL sub- tion under subsection (b) provide the person ing decisions by those authorities. mitted an amendment intended to be filing the safety defect information form proposed by him to the bill S. 1813, to with the following: Mr. BLUMENTHAL sub- (1) A notice of the person’s option to au- SA 1726. reauthorize Federal-aid highway and mitted an amendment intended to be thorize the release of the person’s personal highway safety construction programs, proposed by him to the bill S. 1813, to identification information in a manner that and for other purposes; which was or- reauthorize Federal-aid highway and is easily understandable by a typical reader dered to lie on the table; as follows: highway safety construction programs, of the notice. At the appropriate place, insert the fol- (2) A description of the personal identifica- and for other purposes; which was or- lowing: tion information items listed in subsection dered to lie on the table; as follows: SEC. lll. CONSUMER COMPLAINT INFORMA- (c)(3) that will be released in the event the At the appropriate place, insert the fol- TION DISCLOSURE. person filing the safety defect information lowing: (a) IN GENERAL.—Notwithstanding any form authorizes the Secretary to disclose the SEC. lll. RENTAL TRUCK ACCIDENT STUDY. other provision of law, the Secretary shall, information. (a) DEFINITIONS.—In this section: not later than 180 days after the date of the (e) INFORMATION FROM STATES AND CON- (1) RENTAL EQUIPMENT.—The term ‘‘rental enactment of this Act, permit persons who SUMER GROUPS.— equipment’’ means any vehicle that has a file motor vehicle defect information with (1) IN GENERAL.—The Secretary shall in- gross vehicle weight rating of 10,000 pounds the Department of Transportation with re- clude in the database required by subsection or less that is made available for rental by a gard to safety defects in motor vehicles and (c)(1) defect information on individual con- rental truck company. motor vehicle equipment, the option to re- sumer complaints of motor vehicle defects

VerDate Mar 15 2010 01:58 Mar 08, 2012 Jkt 099060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S17FE2.REC S17FE2 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S928 CONGRESSIONAL RECORD — SENATE February 17, 2012 that are submitted to the Department of At the appropriate place, insert the fol- Sec. 20013. Research, development, dem- Transportation by States and other govern- lowing: onstration, and deployment mental agencies, and by consumer, safety, SEC. lll. AGENCY APPROVALS FOR POSITIVE projects. and other non-governmental organizations. TRAIN CONTROL. Sec. 20014. Technical assistance and stand- (2) PERSONAL INFORMATION.—Personal iden- (a) COORDINATION.—The Secretary and the ards development. tification information described in sub- Chairman of the Federal Communications Sec. 20015. Bus testing facilities. section (c)(3) that is included in defect infor- Commission (referred to in this section as Sec. 20016. Public transportation workforce mation provided to the Department of Trans- the ‘‘Chairman’’) shall coordinate to expe- development and human re- portation by State and other governmental dite approvals of associated technology es- source programs. agencies, and by consumer, safety, and other sential to implementing a positive train con- Sec. 20017. General provisions. non-governmental organizations, shall be in- trol system pursuant to section 20157(a) of Sec. 20018. Contract requirements. cluded in the searchable database required title 49, United States Code. Sec. 20019. Transit asset management. by subsection (c)(1) if such information is (b) APPROVAL PROCESS.— Sec. 20020. Project management oversight. made public with the consent of the person (1) IN GENERAL.—The Chairman shall give Sec. 20021. Public transportation safety. who provided the information to the State, priority to all actions essential to imple- Sec. 20022. Alcohol and controlled sub- other governmental agency or consumer, menting the system described in subsection stances testing. safety, or other non-governmental organiza- (a). Sec. 20023. Nondiscrimination. Sec. 20024. Labor standards. tion. (2) SPECTRUM APPLICATIONS.—The Chair- man— Sec. 20025. Administrative provisions. Sec. 20026. National transit database. SA 1728. Mr. BLUMENTHAL sub- (A) shall approve or deny applications for Sec. 20027. Apportionment of appropriations mitted an amendment intended to be spectrum necessary to implement positive for formula grants. proposed by him to the bill S. 1813, to train control not later than 180 days after Sec. 20028. State of good repair grants. reauthorize Federal-aid highway and the submission of a complete application, Sec. 20029. Authorizations. highway safety construction programs, unless additional time is sought by the appli- Sec. 20030. Apportionments based on grow- cant; and and for other purposes; which was or- ing States and high density (B) in determining whether to grant an ap- dered to lie on the table; as follows: States formula factors. At the appropriate place in division B, in- plication described in paragraph (1), shall Sec. 20031. Technical and conforming sert the following: consider the interests of public safety. amendments. (3) EXTENSION OF TIME FOR APPROVING OR SEC. ll. ZERO EMISSION BUS DEPLOYMENT SEC. 20002. REPEALS. PROGRAM. DENYING APPLICATIONS.—The Chairman may (a) CHAPTER 53.—Chapter 53 of title 49, (a) IN GENERAL.—Section 5307 of title 49, extend the time for approving or denying an application under paragraph (2)(A) for one United States Code, is amended by striking United States Code, as amended by this divi- sections 5316, 5317, 5321, 5324, 5328, and 5339. sion, is further amended by adding at the end additional period of 180 days for good cause if (b) TRANSPORTATION EQUITY ACT FOR THE the following: the Chairman provides to the applicant— 21ST CENTURY.—Section 3038 of the Transpor- ‘‘(j) ZERO EMISSION BUS DEPLOYMENT (A) a statement of the grounds for the ex- tation Equity Act for the 21st Century (49 GRANT PROGRAM.— tension; and U.S.C. 5310 note) is repealed. ‘‘(1) IN GENERAL.—The Secretary shall (B) a target date for approving or denying make grants under this section for the pur- the application. (c) SAFETEA LU.—The following provi- sions are repealed: chase of zero emission buses and the estab- (c) SEMI-ANNUAL REPORT.—Not later than lishment of related fueling infrastructure 90 days after the date of enactment of this (1) Section 3009(i) of SAFETEA LU (Public and facilities. Act, and every 6 months thereafter, the Sec- Law 109 59; 119 Stat. 1572). (2) Section 3011(c) of SAFETEA LU (49 ‘‘(2) COMPETITIVE PROCESS.—The Secretary retary and the Chairman shall jointly sub- shall solicit grant applications and make mit a report to the Committee on Com- U.S.C. 5309 note). grants for eligible projects on a competitive merce, Science, and Transportation of the (3) Section 3012(b) of SAFETEA LU (49 basis. Senate and the Committee on Transpor- U.S.C. 5310 note). ‘‘(3) PRIORITY CONSIDERATION.—In awarding tation and Infrastructure of the House of (4) Section 3045 of SAFETEA LU (49 U.S.C. grants under this subsection, the Secretary Representatives that describes— 5308 note). shall give priority to applications for (1) the status of the applications described (5) Section 3046 of SAFETEA LU (49 U.S.C. projects that offer high levels of performance in subsection (b)(2); 5338 note). and service with respect to— (2) any additional agency approvals or ac- SEC. 20003. POLICIES, PURPOSES, AND GOALS. ‘‘(A) bus utility and performance, includ- tions that may be necessary; and Section 5301 of title 49, United States Code, ing— (3) the additional agency resources that is amended to read as follows: ‘‘(i) operating range and sustained power; will be required to facilitate expeditious ap- ‘‘§ 5301. Policies, purposes, and goals ‘‘(ii) refueling time; provals and actions. ‘‘(a) DECLARATION OF POLICY.—It is in the ‘‘(iii) passenger capacity; interest of the United States, including the ‘‘(iv) revenue service time; SA 1730. Mr. REID proposed an economic interest of the United States, to ‘‘(v) operational availability; and amendment to the bill S. 1813, to reau- foster the development and revitalization of ‘‘(vi) route service flexibility; thorize Federal-aid highway and high- public transportation systems. ‘‘(B) maturity of technology, including— way safety construction programs, and ‘‘(b) GENERAL PURPOSES.—The purposes of ‘‘(i) demonstrated revenue service oper- for other purposes; as follows: this chapter are to— ation; and ‘‘(1) provide funding to support public ‘‘(ii) any resulting performance data; and DIVISION B—PUBLIC TRANSPORTATION transportation; ‘‘(C) fuel economy.’’. SEC. 20001. SHORT TITLE; TABLE OF CONTENTS. ‘‘(2) improve the development and delivery (b) APPORTIONMENTS.—Section 5336(h) of (a) SHORT TITLE.—This division may be of capital projects; title 49, United States Code, as amended by cited as the ‘‘Federal Public Transportation ‘‘(3) initiate a new framework for improv- this division, is further amended— Act of 2012’’. ing the safety of public transportation sys- (1) by redesignating paragraphs (2), (3), and (b) TABLE OF CONTENTS.—The table of con- tems; (4) as paragraphs (3), (4), and (5), respec- tents for this division is as follows: ‘‘(4) establish standards for the state of tively; good repair of public transportation infra- (2) by inserting after paragraph (1) the fol- Sec. 20001. Short title; table of contents. structure and vehicles; lowing: Sec. 20002. Repeals. ‘‘(5) promote continuing, cooperative, and ‘‘(2) $35,000,000 shall be set aside to carry Sec. 20003. Policies, purposes, and goals. comprehensive planning that improves the out section 5307(j);’’; Sec. 20004. Definitions. performance of the transportation network; (3) in paragraph (4), as redesignated, by Sec. 20005. Metropolitan transportation ‘‘(6) establish a technical assistance pro- striking ‘‘paragraphs (1) and (2)’’ and insert- planning. gram to assist recipients under this chapter ing ‘‘paragraphs (1) through (3)’’; and Sec. 20006. Statewide and nonmetropolitan to more effectively and efficiently provide (4) in paragraph (5), as redesignated, by transportation planning. public transportation service; striking ‘‘paragraphs (1), (2), and (3)’’ and in- Sec. 20007. Public Transportation Emer- ‘‘(7) continue Federal support for public serting ‘‘paragraphs (1) through (4)’’. gency Relief Program. Sec. 20008. Urbanized area formula grants. transportation providers to deliver high SA 1729. Mrs. FEINSTEIN submitted Sec. 20009. Clean fuel grant program. quality service to all users, including indi- an amendment intended to be proposed Sec. 20010. Fixed guideway capital invest- viduals with disabilities, seniors, and indi- ment grants. viduals who depend on public transportation; by her to the bill S. 1813, to reauthorize Sec. 20011. Formula grants for the enhanced ‘‘(8) support research, development, dem- Federal-aid highway and highway safe- mobility of seniors and individ- onstration, and deployment projects dedi- ty construction programs, and for uals with disabilities. cated to assisting in the delivery of efficient other purposes; which was ordered to Sec. 20012. Formula grants for other than and effective public transportation service; lie on the table; as follows: urbanized areas. and

VerDate Mar 15 2010 01:58 Mar 08, 2012 Jkt 099060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S17FE2.REC S17FE2 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 17, 2012 CONGRESSIONAL RECORD — SENATE S929 ‘‘(9) promote the development of the public designing, engineering, location surveying, ‘‘(K) mobility management— transportation workforce. mapping, and acquiring rights-of-way), pay- ‘‘(i) consisting of short-range planning and ‘‘(c) NATIONAL GOALS.—The goals of this ments for the capital portions of rail track- management activities and projects for im- chapter are to— age rights agreements, transit-related intel- proving coordination among public transpor- ‘‘(1) increase the availability and accessi- ligent transportation systems, relocation as- tation and other transportation service pro- bility of public transportation across a bal- sistance, acquiring replacement housing viders carried out by a recipient or sub- anced, multimodal transportation network; sites, and acquiring, constructing, relo- recipient through an agreement entered into ‘‘(2) promote the environmental benefits of cating, and rehabilitating replacement hous- with a person, including a governmental en- public transportation, including reduced re- ing; tity, under this chapter (other than section liance on fossil fuels, fewer harmful emis- ‘‘(B) rehabilitating a bus; 5309); but sions, and lower public health expenditures; ‘‘(C) remanufacturing a bus; ‘‘(ii) excluding operating public transpor- ‘‘(3) improve the safety of public transpor- ‘‘(D) overhauling rail rolling stock; tation services; or tation systems; ‘‘(E) preventive maintenance; ‘‘(L) associated capital maintenance, in- ‘‘(4) achieve and maintain a state of good ‘‘(F) leasing equipment or a facility for use cluding— repair of public transportation infrastruc- in public transportation, subject to regula- ‘‘(i) equipment, tires, tubes, and material, ture and vehicles; tions that the Secretary prescribes limiting each costing at least .5 percent of the cur- ‘‘(5) provide an efficient and reliable alter- the leasing arrangements to those that are rent fair market value of rolling stock com- native to congested roadways; more cost-effective than purchase or con- parable to the rolling stock for which the struction; ‘‘(6) increase the affordability of transpor- equipment, tires, tubes, and material are to ‘‘(G) a joint development improvement tation for all users; and be used; and that— ‘‘(7) maximize economic development op- ‘‘(ii) reconstruction of equipment and ma- ‘‘(i) enhances economic development or in- portunities by— terial, each of which after reconstruction corporates private investment, such as com- ‘‘(A) connecting workers to jobs; will have a fair market value of at least .5 mercial and residential development; ‘‘(B) encouraging mixed-use, transit-ori- percent of the current fair market value of ‘‘(ii)(I) enhances the effectiveness of public ented development; and rolling stock comparable to the rolling stock ‘‘(C) leveraging private investment and transportation and is related physically or functionally to public transportation; or for which the equipment and material will be joint development.’’. used. SEC. 20004. DEFINITIONS. ‘‘(II) establishes new or enhanced coordina- tion between public transportation and other ‘‘(4) DESIGNATED RECIPIENT.—The term Section 5302 of title 49, United States Code, ‘designated recipient’ means— is amended to read as follows: transportation; ‘‘(iii) provides a fair share of revenue that ‘‘(A) an entity designated, in accordance ‘‘§ 5302. Definitions will be used for public transportation; with the planning process under sections 5303 ‘‘Except as otherwise specifically provided, ‘‘(iv) provides that a person making an and 5304, by the Governor of a State, respon- in this chapter the following definitions agreement to occupy space in a facility con- sible local officials, and publicly owned oper- apply: structed under this paragraph shall pay a ators of public transportation, to receive and ‘‘(1) ASSOCIATED TRANSIT IMPROVEMENT.— fair share of the costs of the facility through apportion amounts under section 5336 to ur- The term ‘associated transit improvement’ rental payments and other means; banized areas of 200,000 or more in popu- means, with respect to any project or an ‘‘(v) may include— lation; or area to be served by a project, projects that ‘‘(I) property acquisition; ‘‘(B) a State or regional authority, if the are designed to enhance public transpor- ‘‘(II) demolition of existing structures; authority is responsible under the laws of a tation service or use and that are physically ‘‘(III) site preparation; State for a capital project and for financing or functionally related to transit facilities. ‘‘(IV) utilities; and directly providing public transportation. Eligible projects are— ‘‘(V) building foundations; ‘‘(5) DISABILITY.—The term ‘disability’ has ‘‘(A) historic preservation, rehabilitation, ‘‘(VI) walkways; the same meaning as in section 3(1) of the and operation of historic public transpor- ‘‘(VII) pedestrian and bicycle access to a Americans with Disabilities Act of 1990 (42 tation buildings, structures, and facilities public transportation facility; U.S.C. 12102). (including historic bus and railroad facili- ‘‘(VIII) construction, renovation, and im- ‘‘(6) EMERGENCY REGULATION.—The term ties) intended for use in public transpor- provement of intercity bus and intercity rail ‘emergency regulation’ means a regulation— tation service; stations and terminals; ‘‘(A) that is effective temporarily before ‘‘(B) bus shelters; ‘‘(IX) renovation and improvement of his- the expiration of the otherwise specified pe- ‘‘(C) landscaping and streetscaping, includ- toric transportation facilities; riods of time for public notice and comment ing benches, trash receptacles, and street ‘‘(X) open space; under section 5334(c); and lights; ‘‘(XI) safety and security equipment and ‘‘(B) prescribed by the Secretary as the re- ‘‘(D) pedestrian access and walkways; facilities (including lighting, surveillance, sult of a finding that a delay in the effective ‘‘(E) bicycle access, including bicycle stor- and related intelligent transportation sys- date of the regulation— age facilities and installing equipment for tem applications); ‘‘(i) would injure seriously an important transporting bicycles on public transpor- ‘‘(XII) facilities that incorporate commu- public interest; tation vehicles; nity services such as daycare or health care; ‘‘(ii) would frustrate substantially legisla- ‘‘(F) signage; or ‘‘(XIII) a capital project for, and improv- tive policy and intent; or ‘‘(G) enhanced access for persons with dis- ing, equipment or a facility for an inter- ‘‘(iii) would damage seriously a person or abilities to public transportation. modal transfer facility or transportation class without serving an important public in- ‘‘(2) BUS RAPID TRANSIT SYSTEM.—The term mall; and terest. ‘bus rapid transit system’ means a bus tran- ‘‘(XIV) construction of space for commer- ‘‘(7) FIXED GUIDEWAY.—The term ‘fixed sit system— cial uses; and guideway’ means a public transportation fa- ‘‘(A) in which the majority of each line op- ‘‘(vi) does not include outfitting of com- cility— erates in a separated right-of-way dedicated mercial space (other than an intercity bus or ‘‘(A) using and occupying a separate right- for public transportation use during peak pe- rail station or terminal) or a part of a public of-way for the exclusive use of public trans- riods; and facility not related to public transportation; portation; ‘‘(B) that includes features that emulate ‘‘(H) the introduction of new technology, ‘‘(B) using rail; the services provided by rail fixed guideway through innovative and improved products, ‘‘(C) using a fixed catenary system; public transportation systems, including— into public transportation; ‘‘(D) for a passenger ferry system; or ‘‘(i) defined stations; ‘‘(I) the provision of nonfixed route para- ‘‘(E) for a bus rapid transit system. ‘‘(ii) traffic signal priority for public trans- transit transportation services in accordance ‘‘(8) GOVERNOR.—The term ‘Governor’— portation vehicles; with section 223 of the Americans with Dis- ‘‘(A) means the Governor of a State, the ‘‘(iii) short headway bidirectional services abilities Act of 1990 (42 U.S.C. 12143), but only mayor of the District of Columbia, and the for a substantial part of weekdays and week- for grant recipients that are in compliance chief executive officer of a territory of the end days; and with applicable requirements of that Act, in- United States; and ‘‘(iv) any other features the Secretary may cluding both fixed route and demand respon- ‘‘(B) includes the designee of the Governor. determine are necessary to produce high- sive service, and only for amounts not to ex- ‘‘(9) LOCAL GOVERNMENTAL AUTHORITY.— quality public transportation services that ceed 10 percent of such recipient’s annual The term ‘local governmental authority’ in- emulate the services provided by rail fixed formula apportionment under sections 5307 cludes— guideway public transportation systems. and 5311; ‘‘(A) a political subdivision of a State; ‘‘(3) CAPITAL PROJECT.—The term ‘capital ‘‘(J) establishing a debt service reserve, ‘‘(B) an authority of at least 1 State or po- project’ means a project for— made up of deposits with a bondholder’s litical subdivision of a State; ‘‘(A) acquiring, constructing, supervising, trustee, to ensure the timely payment of ‘‘(C) an Indian tribe; and or inspecting equipment or a facility for use principal and interest on bonds issued by a ‘‘(D) a public corporation, board, or com- in public transportation, expenses incidental grant recipient to finance an eligible project mission established under the laws of a to the acquisition or construction (including under this chapter; State.

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‘‘(10) LOW-INCOME INDIVIDUAL.—The term the mobility needs of individuals and freight, the date of enactment of the Federal Public ‘low-income individual’ means an individual reduce transportation-related fatalities and Transportation Act of 2012; and whose family income is at or below 150 per- serious injuries, and foster economic growth ‘‘(B) is not designated as a tier I MPO or cent of the poverty line, as that term is de- and development within and between States tier II MPO. fined in section 673(2) of the Community and urbanized areas, while fitting the needs ‘‘(10) REGIONALLY SIGNIFICANT.—The term Services Block Grant Act (42 U.S.C. 9902(2)), and complexity of individual communities, ‘regionally significant’, with respect to a including any revision required by that sec- maximizing value for taxpayers, leveraging transportation project, program, service, or tion, for a family of the size involved. cooperative investments, and minimizing strategy, means a project, program, service, ‘‘(11) NET PROJECT COST.—The term ‘net transportation-related fuel consumption and or strategy that— project cost’ means the part of a project that air pollution through the metropolitan and ‘‘(A) serves regional transportation needs reasonably cannot be financed from reve- statewide transportation planning processes (such as access to and from the area outside nues. identified in this chapter; of the region, major activity centers in the ‘‘(12) NEW BUS MODEL.—The term ‘new bus ‘‘(2) to encourage the continued improve- region, and major planned developments); model’ means a bus model (including a model ment, evolution, and coordination of the and using alternative fuel)— metropolitan and statewide transportation ‘‘(B) would normally be included in the ‘‘(A) that has not been used in public trans- planning processes by and among metropoli- modeling of a transportation network of a portation in the United States before the tan planning organizations, State depart- metropolitan area. date of production of the model; or ments of transportation, regional planning ‘‘(11) RURAL PLANNING ORGANIZATION.—The ‘‘(B) used in public transportation in the organizations, interstate partnerships, and term ‘rural planning organization’ means a United States, but being produced with a public transportation and intercity service voluntary organization of local elected offi- major change in configuration or compo- operators as guided by the planning factors cials and representatives of local transpor- nents. identified in subsection (h) of this section tation systems that— ‘‘(13) PUBLIC TRANSPORTATION.—The term and section 5304(d); ‘‘(A) works in cooperation with the depart- ‘public transportation’— ‘‘(3) to encourage and promote transpor- ment of transportation (or equivalent entity) ‘‘(A) means regular, continuing shared-ride tation needs and decisions that are inte- of a State to plan transportation networks surface transportation services that are open grated with other planning needs and prior- and advise officials of the State on transpor- to the general public or open to a segment of ities; and tation planning; and the general public defined by age, disability, ‘‘(4) to maximize the effectiveness of trans- ‘‘(B) is located in a rural area— or low income; and portation investments. ‘‘(i) with a population of not fewer than 5,000 individuals, as calculated according to ‘‘(B) does not include— ‘‘(b) DEFINITIONS.—In this section and sec- ‘‘(i) intercity passenger rail transportation the most recent decennial census; and tion 5304, the following definitions shall ‘‘(ii) that is not located in an area rep- provided by the entity described in chapter apply: 243 (or a successor to such entity); resented by a metropolitan planning organi- ‘‘(1) EXISTING MPO.—The term ‘existing zation. ‘‘(ii) intercity bus service; MPO’ means a metropolitan planning organi- ‘‘(iii) charter bus service; ‘‘(12) STATEWIDE TRANSPORTATION IMPROVE- zation that was designated as a metropolitan MENT PROGRAM.—The term ‘statewide trans- ‘‘(iv) school bus service; planning organization as of the day before portation improvement program’ means a ‘‘(v) sightseeing service; the date of enactment of the Federal Public statewide transportation improvement pro- ‘‘(vi) courtesy shuttle service for patrons Transportation Act of 2012. gram developed by a State under section of one or more specific establishments; or ‘‘(2) LOCAL OFFICIAL.—The term ‘local offi- 5304(g). ‘‘(vii) intra-terminal or intra-facility shut- cial’ means any elected or appointed official ‘‘(13) STATEWIDE TRANSPORTATION PLAN.— tle services. of general purpose local government with re- The term ‘statewide transportation plan’ ‘‘(14) REGULATION.—The term ‘regulation’ sponsibility for transportation in a des- means a plan developed by a State under sec- means any part of a statement of general or ignated area. tion 5304(f). particular applicability of the Secretary de- ‘‘(3) MAINTENANCE AREA.—The term ‘main- ‘‘(14) TIER I MPO.—The term ‘tier I MPO’ signed to carry out, interpret, or prescribe tenance area’ means an area that was des- means a metropolitan planning organization law or policy in carrying out this chapter. ignated as an air quality nonattainment designated as a tier I MPO under subsection ‘‘(15) SECRETARY.—The term ‘Secretary’ area, but was later redesignated by the Ad- (e)(4)(A). means the Secretary of Transportation. ministrator of the Environmental Protection ‘‘(15) TIER II MPO.—The term ‘tier II MPO’ ‘‘(16) SENIOR.—The term ‘senior’ means an Agency as an air quality attainment area, means a metropolitan planning organization individual who is 65 years of age or older. under section 107(d) of the Clean Air Act (42 designated as a tier II MPO under subsection ‘‘(17) STATE.—The term ‘State’ means a U.S.C. 7407(d)). (e)(4)(B). State of the United States, the District of ‘‘(4) METROPOLITAN PLANNING AREA.—The ‘‘(16) TRANSPORTATION IMPROVEMENT PRO- Columbia, Puerto Rico, the Northern Mar- term ‘metropolitan planning area’ means a GRAM.—The term ‘transportation improve- iana Islands, Guam, American Samoa, and geographical area determined by agreement ment program’ means a program developed the Virgin Islands. between the metropolitan planning organiza- by a metropolitan planning organization ‘‘(18) STATE OF GOOD REPAIR.—The term tion for the area and the applicable Governor under subsection (j). ‘state of good repair’ has the meaning given under subsection (c). ‘‘(17) URBANIZED AREA.—The term ‘urban- that term by the Secretary, by rule, under ‘‘(5) METROPOLITAN PLANNING ORGANIZA- ized area’ means a geographical area with a section 5326(b). TION.—The term ‘metropolitan planning or- population of 50,000 or more individuals, as ‘‘(19) TRANSIT.—The term ‘transit’ means ganization’ means the policy board of an or- calculated according to the most recent de- public transportation. ganization established pursuant to sub- cennial census. ‘‘(20) URBAN AREA.—The term ‘urban area’ section (c). ‘‘(c) DESIGNATION OF METROPOLITAN PLAN- means an area that includes a municipality ‘‘(6) METROPOLITAN TRANSPORTATION NING ORGANIZATIONS.— or other built-up place that the Secretary, PLAN.—The term ‘metropolitan transpor- ‘‘(1) IN GENERAL.—To carry out the metro- after considering local patterns and trends of tation plan’ means a plan developed by a politan transportation planning process urban growth, decides is appropriate for a metropolitan planning organization under under this section, a metropolitan planning local public transportation system to serve subsection (i). organization shall be designated for each ur- individuals in the locality. ‘‘(7) NONATTAINMENT AREA.—The term ‘non- banized area with a population of 200,000 or ‘‘(21) URBANIZED AREA.—The term ‘urban- attainment area’ has the meaning given the more individuals, as calculated according to ized area’ means an area encompassing a term in section 171 of the Clean Air Act (42 the most recent decennial census— population of not less than 50,000 people that U.S.C. 7501). ‘‘(A) by agreement between the applicable has been defined and designated in the most ‘‘(8) NONMETROPOLITAN AREA.— Governor and local officials that, in the ag- recent decennial census as an ‘urbanized ‘‘(A) IN GENERAL.—The term ‘nonmetro- gregate, represent at least 75 percent of the area’ by the Secretary of Commerce.’’. politan area’ means a geographical area out- affected population (including the largest in- SEC. 20005. METROPOLITAN TRANSPORTATION side the boundaries of a designated metro- corporated city (based on population), as cal- PLANNING. politan planning area. culated according to the most recent decen- (a) IN GENERAL.—Section 5303 of title 49, ‘‘(B) INCLUSIONS.—The term ‘nonmetropoli- nial census); or United States Code, is amended to read as tan area’ includes a small urbanized area ‘‘(B) in accordance with procedures estab- follows: with a population of more than 50,000, but lished by applicable State or local law. ‘‘§ 5303. Metropolitan transportation plan- fewer than 200,000 individuals, as calculated ‘‘(2) SMALL URBANIZED AREAS.—To carry ning according to the most recent decennial cen- out the metropolitan transportation plan- ‘‘(a) POLICY.—It is in the national inter- sus, and a nonurbanized area. ning process under this section, a metropoli- est— ‘‘(9) NONMETROPOLITAN PLANNING ORGANIZA- tan planning organization may be designated ‘‘(1) to encourage and promote the safe, TION.—The term ‘nonmetropolitan planning for any urbanized area with a population of cost-effective, and efficient management, op- organization’ means an organization that— 50,000 or more individuals, but fewer than eration, and development of surface trans- ‘‘(A) was designated as a metropolitan 200,000 individuals, as calculated according portation systems that will serve efficiently planning organization as of the day before to the most recent decennial census—

VerDate Mar 15 2010 01:58 Mar 08, 2012 Jkt 099060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S17FE2.REC S17FE2 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 17, 2012 CONGRESSIONAL RECORD — SENATE S931 ‘‘(A) by agreement between the applicable city (based on population), as calculated ac- ‘‘(iii) may encompass the areas described Governor and local officials that, in the ag- cording to the most recent decennial census). in paragraph (2)(B); and gregate, represent at least 75 percent of the ‘‘(B) RESTRUCTURING.—A metropolitan ‘‘(iv) may address any appropriate non- affected population (including the largest in- planning organization may be restructured attainment area or maintenance area. corporated city (based on population), as cal- to meet the requirements of paragraph (3) ‘‘(e) REQUIREMENTS.— culated according to the most recent decen- without undertaking a redesignation. ‘‘(1) DEVELOPMENT OF PLANS AND TIPS.—To nial census); and ‘‘(7) DESIGNATION OF MULTIPLE MPOS.— accomplish the policy objectives described in ‘‘(B) with the consent of the Secretary, ‘‘(A) IN GENERAL.—More than 1 metropoli- based on a finding that the resulting metro- tan planning organization may be designated subsection (a), each metropolitan planning politan planning organization has met the within an existing metropolitan planning organization, in cooperation with the appli- minimum requirements under subsection area only if the applicable Governor and an cable State and public transportation opera- (e)(4)(B). existing MPO determine that the size and tors, shall develop metropolitan transpor- ‘‘(3) STRUCTURE.—Not later than 1 year complexity of the existing metropolitan tation plans and transportation improve- after the date of enactment of the Federal planning area make the designation of more ment programs for metropolitan planning Public Transportation Act of 2012, a metro- than 1 metropolitan planning organization areas of the State through a performance- politan planning organization shall consist for the metropolitan planning area appro- driven, outcome-based approach to metro- of— priate. politan transportation planning consistent ‘‘(A) elected local officials in the relevant ‘‘(B) SERVICE JURISDICTIONS.—If more than with subsection (h). metropolitan area; 1 metropolitan planning organization is des- ‘‘(2) CONTENTS.—The metropolitan trans- ‘‘(B) officials of public agencies that ad- ignated for an existing metropolitan plan- portation plans and transportation improve- minister or operate major modes of transpor- ning area under subparagraph (A), the exist- ment programs for each metropolitan area tation in the relevant metropolitan area, in- ing metropolitan planning area shall be split shall provide for the development and inte- cluding providers of public transportation; into multiple metropolitan planning areas, grated management and operation of trans- and each of which shall be served by the existing portation systems and facilities (including ‘‘(C) appropriate State officials. MPO or a new metropolitan planning organi- accessible pedestrian walkways, bicycle ‘‘(4) EFFECT OF SUBSECTION.—Nothing in zation. transportation facilities, and intermodal fa- this subsection interferes with any authority ‘‘(C) TIER DESIGNATION.—The tier designa- cilities that support intercity transpor- under any State law in effect on December tion of each metropolitan planning organiza- tation) that will function as— 18, 1991, of a public agency with multimodal tion subject to a designation under this para- ‘‘(A) an intermodal transportation system transportation responsibilities— graph shall be determined based on the size for the metropolitan planning area; and ‘‘(A) to develop the metropolitan transpor- of each respective metropolitan planning ‘‘(B) an integral part of an intermodal tation plans and transportation improve- area, in accordance with subsection (e)(4). transportation system for the applicable ment programs for adoption by a metropoli- ‘‘(d) METROPOLITAN PLANNING AREA BOUND- State and the United States. tan planning organization; or ARIES.— ‘‘(3) PROCESS OF DEVELOPMENT.—The proc- ‘‘(B) to develop capital plans, coordinate ‘‘(1) IN GENERAL.—For purposes of this sec- ess for developing metropolitan transpor- public transportation services and projects, tion, the boundaries of a metropolitan plan- tation plans and transportation improve- or carry out other activities pursuant to ning area shall be determined by agreement ment programs shall— State law. between the applicable metropolitan plan- ‘‘(A) provide for consideration of all modes ‘‘(5) CONTINUING DESIGNATION.—A designa- ning organization and the Governor of the of transportation; and State in which the metropolitan planning tion of an existing MPO— ‘‘(B) be continuing, cooperative, and com- area is located. ‘‘(A) for an urbanized area with a popu- prehensive to the degree appropriate, based ‘‘(2) INCLUDED AREA.—Each metropolitan lation of 200,000 or more individuals, as cal- on the complexity of the transportation planning area— culated according to the most recent decen- needs to be addressed. nial census, shall remain in effect— ‘‘(A) shall encompass at least the relevant ‘‘(4) TIERING.— ‘‘(i) for the period during which the struc- existing urbanized area and any contiguous ‘‘(A) TIER I MPOS.— ture of the existing MPO complies with the area expected to become urbanized within a ‘‘(i) IN GENERAL.—A metropolitan planning requirements of paragraph (1); or 20-year forecast period under the applicable organization shall be designated as a tier I ‘‘(ii) until the date on which the existing metropolitan transportation plan; and MPO if— MPO is redesignated under paragraph (6); ‘‘(B) may encompass the entire relevant and metropolitan statistical area, as defined by ‘‘(I) as certified by the Governor of each ‘‘(B) for an urbanized area with a popu- the Office of Management and Budget. applicable State, the metropolitan planning lation of fewer than 200,000 individuals, as ‘‘(3) IDENTIFICATION OF NEW URBANIZED organization operates within, and primarily calculated according to the most recent de- AREAS.—The designation by the Bureau of serves, a metropolitan planning area with a cennial census, shall remain in effect until the Census of a new urbanized area within population of 1,000,000 or more individuals, as the date on which the existing MPO is redes- the boundaries of an existing metropolitan calculated according to the most recent de- ignated under paragraph (6) unless— planning area shall not require the redesig- cennial census; and ‘‘(i) the existing MPO requests that its nation of the relevant existing MPO. ‘‘(II) the Secretary determines the metro- planning responsibilities be transferred to ‘‘(4) NONATTAINMENT AND MAINTENANCE politan planning organization— the State or to another planning organiza- AREAS.— ‘‘(aa) meets the minimum technical re- tion designated by the State; or ‘‘(A) EXISTING METROPOLITAN PLANNING quirements under clause (iv); and ‘‘(ii)(I) the applicable Governor determines AREAS.— ‘‘(bb) not later than 2 years after the date not later than 3 years after the date on ‘‘(i) IN GENERAL.—Except as provided in of enactment of the Federal Public Transpor- which the Secretary issues a rule pursuant clause (ii), notwithstanding paragraph (2), in tation Act of 2012, will fully implement the to subsection (e)(4)(B)(i), that the existing the case of an urbanized area designated as a processes described in subsections (h) MPO is not meeting the minimum require- nonattainment area or maintenance area as through (j). ments established by the rule; and of the date of enactment of the Federal Pub- ‘‘(ii) ABSENCE OF DESIGNATION.—In the ab- ‘‘(II) the Secretary approves the Gov- lic Transportation Act of 2012, the bound- sence of designation as a tier I MPO under ernor’s determination. aries of the existing metropolitan planning clause (i), a metropolitan planning organiza- ‘‘(C) DESIGNATION AS TIER II MPO.—If the area as of that date of enactment shall re- tion shall operate as a tier II MPO until the Secretary determines the existing MPO has main in force and effect. date on which the Secretary determines the met the minimum requirements under the ‘‘(ii) EXCEPTION.—Notwithstanding clause metropolitan planning organization can rule issued under subsection (e)(4)(B)(i), the (i), the boundaries of an existing metropoli- meet the minimum technical requirements Secretary shall designate the existing MPO tan planning area described in that clause under clause (iv). as a tier II MPO. may be adjusted by agreement of the appli- ‘‘(iii) REDESIGNATION AS TIER I.—A metro- ‘‘(6) REDESIGNATION.— cable Governor and the affected metropoli- politan planning organization operating ‘‘(A) IN GENERAL.—The designation of a tan planning organizations in accordance within a metropolitan planning area with a metropolitan planning organization under with subsection (c)(7). population of 200,000 or more and fewer than this subsection shall remain in effect until ‘‘(B) NEW METROPOLITAN PLANNING AREAS.— 1,000,000 individuals and primarily within ur- the date on which the metropolitan planning In the case of an urbanized area designated banized areas with populations of 200,000 or organization is redesignated, as appropriate, as a nonattainment area or maintenance more individuals, as calculated according to in accordance with the requirements of this area after the date of enactment of the Fed- the most recent decennial census, that is subsection pursuant to an agreement be- eral Public Transportation Act of 2012, the designated as a tier II MPO under subpara- tween— boundaries of the applicable metropolitan graph (B) may request, with the support of ‘‘(i) the applicable Governor; and planning area— the applicable Governor, a redesignation as a ‘‘(ii) affected local officials who, in the ag- ‘‘(i) shall be established in accordance with tier I MPO on a determination by the Sec- gregate, represent at least 75 percent of the subsection (c)(1); retary that the metropolitan planning orga- existing metropolitan planning area popu- ‘‘(ii) shall encompass the areas described in nization has met the minimum technical re- lation (including the largest incorporated paragraph (2)(A); quirements under clause (iv).

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‘‘(iv) MINIMUM TECHNICAL REQUIREMENTS.— planning for regional transportation (includ- ‘‘(iv) sponsors of regionally significant pro- Not later than 1 year after the date of enact- ing high-speed and intercity rail corridor grams, projects, and services that are related ment of the Federal Public Transportation studies, commuter rail corridor studies, to transportation and receive assistance Act of 2012, the Secretary shall issue a rule intermodal terminals, and interstate high- from any public or private source. that establishes the minimum technical re- ways) in support of freight, intercity, or ‘‘(5) COORDINATION OF OTHER FEDERALLY RE- quirements necessary for a metropolitan multistate area projects and services that QUIRED PLANNING PROGRAMS.—The Secretary planning organization to be designated as a have been developed pursuant to interstate shall encourage each metropolitan planning tier I MPO, including, at a minimum, mod- compacts or agreements, or by organizations organization to coordinate, to the maximum eling, data, staffing, and other technical re- established under section 5304. extent practicable, the development of met- quirements. ‘‘(g) ENGAGEMENT IN METROPOLITAN TRANS- ropolitan transportation plans and transpor- ‘‘(B) TIER II MPOS.— tation improvement programs with other PORTATION PLAN AND TIP DEVELOPMENT.— ‘‘(i) IN GENERAL.—Not later than 1 year relevant federally required planning pro- ‘‘(1) NONATTAINMENT AND MAINTENANCE after the date of enactment of the Federal grams. AREAS.—If more than 1 metropolitan plan- ‘‘(h) SCOPE OF PLANNING PROCESS.— Public Transportation Act of 2012, the Sec- ning organization has authority within a ‘‘(1) IN GENERAL.—The metropolitan trans- retary shall issue a rule that establishes metropolitan area, nonattainment area, or minimum requirements necessary for a met- portation planning process for a metropoli- maintenance area, each metropolitan plan- ropolitan planning organization to be des- tan planning area under this section shall ning organization shall consult with all ignated as a tier II MPO. provide for consideration of projects and other metropolitan planning organizations ‘‘(ii) REQUIREMENTS.—The minimum re- strategies that will— designated for the metropolitan area, non- quirements established under clause (i) ‘‘(A) support the economic vitality of the attainment area, or maintenance area and shall— metropolitan area, especially by enabling the State in the development of metropoli- ‘‘(I) ensure that each metropolitan plan- global competitiveness, productivity, and ef- tan transportation plans and transportation ning organization has the capabilities nec- ficiency; improvement programs under this section. essary to develop the metropolitan transpor- ‘‘(B) increase the safety of the transpor- ‘‘(2) TRANSPORTATION IMPROVEMENTS LO- tation plan and transportation improvement tation system for motorized and non- CATED IN MULTIPLE METROPOLITAN PLANNING program under this section; and motorized users; ‘‘(II) include— AREAS.—If a transportation improvement ‘‘(C) increase the security of the transpor- ‘‘(aa) only the staff resources necessary to project funded under this chapter or title 23 tation system for motorized and non- operate the metropolitan planning organiza- is located within the boundaries of more motorized users; tion; and than 1 metropolitan planning area, the af- ‘‘(D) increase the accessibility and mobil- ‘‘(bb) a requirement that the metropolitan fected metropolitan planning organizations ity of individuals and freight; planning organization has the technical ca- shall coordinate metropolitan transportation ‘‘(E) protect and enhance the environment, pacity to conduct the modeling necessary, as plans and transportation improvement pro- promote energy conservation, improve the appropriate to the size and resources of the grams regarding the project. quality of life, and promote consistency be- metropolitan planning organization, to ful- ‘‘(3) COORDINATION OF ADJACENT PLANNING tween transportation improvements and fill the requirements of this section, except ORGANIZATIONS.— State and local planned growth and eco- that in cases in which a metropolitan plan- ‘‘(A) IN GENERAL.—A metropolitan plan- nomic development patterns; ning organization has a formal agreement ning organization that is adjacent or located ‘‘(F) enhance the integration and with a State to conduct the modeling on be- in reasonably close proximity to another connectivity of the transportation system, half of the metropolitan planning organiza- metropolitan planning organization shall co- across and between modes, for individuals tion, the metropolitan planning organization ordinate with that metropolitan planning or- and freight; shall be exempt from the technical capacity ganization with respect to planning proc- ‘‘(G) increase efficient system management requirement. esses, including preparation of metropolitan and operation; and ‘‘(iii) INCLUSION.—A metropolitan planning transportation plans and transportation im- ‘‘(H) emphasize the preservation of the ex- organization operating primarily within an provement programs, to the maximum ex- isting transportation system. urbanized area with a population of 200,000 or tent practicable. ‘‘(2) PERFORMANCE-BASED APPROACH.— more individuals, as calculated according to ‘‘(B) NONMETROPOLITAN PLANNING ORGANI- ‘‘(A) IN GENERAL.—The metropolitan trans- the most recent decennial census, and that ZATIONS.—A metropolitan planning organiza- portation planning process shall provide for does not qualify as a tier I MPO under sub- tion that is adjacent or located in reasonably the establishment and use of a performance- paragraph (A)(i), shall— close proximity to a nonmetropolitan plan- based approach to transportation decision- ‘‘(I) be designated as a tier II MPO; and ning organization shall consult with that making to support the national goals de- ‘‘(II) follow the processes under subsection nonmetropolitan planning organization with scribed in section 5301(c) of this title and in (k). respect to planning processes, to the max- section 150(b) of title 23. ‘‘(C) CONSOLIDATION.— imum extent practicable. ‘‘(B) PERFORMANCE TARGETS.— ‘‘(i) IN GENERAL.—Metropolitan planning ‘‘(4) RELATIONSHIP WITH OTHER PLANNING ‘‘(i) SURFACE TRANSPORTATION PERFORM- organizations operating within contiguous or OFFICIALS.— ANCE TARGETS.— adjacent urbanized areas may elect to con- ‘‘(A) IN GENERAL.—The Secretary shall en- ‘‘(I) IN GENERAL.—Each metropolitan plan- solidate in order to meet the population courage each metropolitan planning organi- ning organization shall establish perform- thresholds required to achieve designation as zation to cooperate with Federal, State, trib- ance targets that address the performance a tier I or tier II MPO under this paragraph. al, and local officers and entities responsible measures described in sections 119(f), 148(h), ‘‘(ii) EFFECT OF SUBSECTION.—Nothing in for other types of planning activities that 149(k) (where applicable), and 167(i) of title this subsection requires or prevents consoli- are affected by transportation in the rel- 23, to use in tracking attainment of critical dation among multiple metropolitan plan- evant area (including planned growth, eco- outcomes for the region of the metropolitan ning organizations located within a single nomic development, infrastructure services, planning organization. urbanized area. housing, other public services, environ- ‘‘(II) COORDINATION.—Selection of perform- ‘‘(f) COORDINATION IN MULTISTATE AREAS.— mental protection, airport operations, high- ance targets by a metropolitan planning or- ‘‘(1) IN GENERAL.—The Secretary shall en- speed and intercity passenger rail, freight ganization shall be coordinated with the rel- courage each Governor with responsibility rail, port access, and freight movements), to evant State to ensure consistency, to the for a portion of a multistate metropolitan the maximum extent practicable, to ensure maximum extent practicable. area and the appropriate metropolitan plan- that the metropolitan transportation plan- ‘‘(ii) PUBLIC TRANSPORTATION PERFORMANCE ning organizations to provide coordinated ning process, metropolitan transportation TARGETS.—Each metropolitan planning orga- transportation planning for the entire met- plans, and transportation improvement pro- nization shall adopt the performance targets ropolitan area. grams are developed in cooperation with identified by providers of public transpor- ‘‘(2) COORDINATION ALONG DESIGNATED other related planning activities in the area. tation pursuant to sections 5326(c) and TRANSPORTATION CORRIDORS.—The Secretary ‘‘(B) INCLUSION.—Cooperation under sub- 5329(d), for use in tracking attainment of shall encourage each Governor with respon- paragraph (A) shall include the design and critical outcomes for the region of the met- sibility for a portion of a multistate metro- delivery of transportation services within ropolitan planning organization. politan area and the appropriate metropoli- the metropolitan area that are provided by— ‘‘(C) TIMING.—Each metropolitan planning tan planning organizations to provide coordi- ‘‘(i) recipients of assistance under sections organization shall establish or adopt the per- nated transportation planning for the entire 202, 203, and 204 of title 23; formance targets under subparagraph (B) not designated transportation corridor. ‘‘(ii) recipients of assistance under this later than 90 days after the date on which ‘‘(3) COORDINATION WITH INTERSTATE COM- title; the relevant State or provider of public PACTS.—The Secretary shall encourage met- ‘‘(iii) government agencies and nonprofit transportation establishes the performance ropolitan planning organizations to take organizations (including representatives of targets. into consideration, during the development the agencies and organizations) that receive ‘‘(D) INTEGRATION OF OTHER PERFORMANCE- of metropolitan transportation plans and Federal assistance from a source other than BASED PLANS.—A metropolitan planning or- transportation improvement programs, any the Department of Transportation to provide ganization shall integrate in the metropoli- relevant transportation studies concerning nonemergency transportation services; and tan transportation planning process, directly

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or by reference, the goals, objectives, per- ‘‘(i) DEVELOPMENT OF METROPOLITAN agement strategies, capacity and enhance- formance measures, and targets described in TRANSPORTATION PLAN.— ment investments, State and local economic other State plans and processes, as well as ‘‘(1) DEVELOPMENT.— development and land use improvements, in- asset management and safety plans devel- ‘‘(A) IN GENERAL.—Except as provided in telligent transportation systems deploy- oped by providers of public transportation, subparagraph (B), not later than 5 years ment, and technology adoption strategies, as required as part of a performance-based pro- after the date of enactment of the Federal determined by the projected support of the gram, including plans such as— Public Transportation Act of 2012, and not performance targets described in subsection ‘‘(i) the State National Highway System less frequently than once every 5 years (h)(2); asset management plan; thereafter, each metropolitan planning orga- ‘‘(vi) recommended strategies and invest- ‘‘(ii) asset management plans developed by nization shall prepare and update, respec- ments to improve and integrate disability- providers of public transportation; tively, a metropolitan transportation plan related access to transportation infrastruc- ‘‘(iii) the State strategic highway safety for the relevant metropolitan planning area ture, including strategies and investments plan; in accordance with this section. based on a preferred scenario, when appro- ‘‘(iv) safety plans developed by providers of ‘‘(B) EXCEPTIONS.—A metropolitan plan- priate; public transportation; ning organization shall prepare or update, as ‘‘(vii) investment priorities for using pro- ‘‘(v) the congestion mitigation and air appropriate, the metropolitan transportation jected available and proposed revenues over quality performance plan, where applicable; plan not less frequently than once every 4 the short- and long-term stages of the plan- years if the metropolitan planning organiza- ‘‘(vi) the national freight strategic plan; ning horizon, in accordance with the finan- tion is operating within— and cial plan required under paragraph (4); ‘‘(i) a nonattainment area; or ‘‘(vii) the statewide transportation plan. ‘‘(viii) a description of interstate compacts ‘‘(ii) a maintenance area. ‘‘(E) USE OF PERFORMANCE MEASURES AND entered into in order to promote coordinated ‘‘(2) OTHER REQUIREMENTS.—A metropolitan TARGETS.—The performance measures and transportation planning in multistate areas, transportation plan under this section targets established under this paragraph if applicable; shall— shall be used, at a minimum, by the relevant ‘‘(A) be in a form that the Secretary deter- ‘‘(ix) an optional illustrative list of metropolitan planning organization as the mines to be appropriate; projects containing investments that— basis for development of policies, programs, ‘‘(B) have a term of not less than 20 years; ‘‘(I) are not included in the metropolitan and investment priorities reflected in the and transportation plan; but metropolitan transportation plan and trans- ‘‘(C) contain, at a minimum— ‘‘(II) would be so included if resources in portation improvement program. ‘‘(i) an identification of the existing trans- addition to the resources identified in the fi- ‘‘(3) FAILURE TO CONSIDER FACTORS.—The portation infrastructure, including high- nancial plan under paragraph (4) were avail- failure to take into consideration 1 or more ways, local streets and roads, bicycle and pe- able; of the factors specified in paragraphs (1) and destrian facilities, public transportation fa- ‘‘(x) a discussion (developed in consulta- (2) shall not be subject to review by any cilities and services, commuter rail facilities tion with Federal, State, and tribal wildlife, court under this chapter, title 23, subchapter and services, high-speed and intercity pas- land management, and regulatory agencies) II of chapter 5 of title 5, or chapter 7 of title senger rail facilities and services, freight fa- of types of potential environmental and 5 in any matter affecting a metropolitan cilities (including freight railroad and port stormwater mitigation activities and poten- transportation plan, a transportation im- facilities), multimodal and intermodal facili- tial areas to carry out those activities, in- provement program, a project or strategy, or ties, and intermodal connectors that, evalu- cluding activities that may have the great- the certification of a planning process. ated in the aggregate, function as an inte- est potential to restore and maintain the en- ‘‘(4) PARTICIPATION BY INTERESTED PAR- grated metropolitan transportation system; vironmental functions affected by the metro- TIES.— ‘‘(ii) a description of the performance politan transportation plan; and ‘‘(A) IN GENERAL.—Each metropolitan plan- measures and performance targets used in ‘‘(xi) recommended strategies and invest- ning organization shall provide to affected assessing the existing and future perform- ments, including those developed by the individuals, public agencies, and other inter- ance of the transportation system in accord- State as part of interstate compacts, agree- ested parties notice and a reasonable oppor- ance with subsection (h)(2); ments, or organizations, that support inter- tunity to comment on the metropolitan ‘‘(iii) a description of the current and pro- city transportation. transportation plan and transportation im- jected future usage of the transportation ‘‘(3) SCENARIO DEVELOPMENT.— provement program and any relevant sce- system, including a projection based on a ‘‘(A) IN GENERAL.—When preparing the narios. preferred scenario, and further including, to metropolitan transportation plan, the met- ‘‘(B) CONTENTS OF PARTICIPATION PLAN.— the extent practicable, an identification of ropolitan planning organization may, while Each metropolitan planning organization existing or planned transportation rights-of- fitting the needs and complexity of their shall establish a participation plan that— way, corridors, facilities, and related real community, develop multiple scenarios for ‘‘(i) is developed in consultation with all properties; consideration as a part of the development of interested parties; and ‘‘(iv) a system performance report evalu- the metropolitan transportation plan, in ac- ‘‘(ii) provides that all interested parties ating the existing and future condition and cordance with subparagraph (B). have reasonable opportunities to comment performance of the transportation system ‘‘(B) COMPONENTS OF SCENARIOS.—The sce- on the contents of the metropolitan trans- with respect to the performance targets de- narios— portation plan of the metropolitan planning scribed in subsection (h)(2) and updates in ‘‘(i) shall include potential regional invest- organization. subsequent system performance reports, in- ment strategies for the planning horizon; ‘‘(C) METHODS.—In carrying out subpara- cluding— ‘‘(ii) shall include assumed distribution of graph (A), the metropolitan planning organi- ‘‘(I) progress achieved by the metropolitan population and employment; zation shall, to the maximum extent prac- planning organization in meeting the per- ‘‘(iii) may include a scenario that, to the ticable— formance targets in comparison with system maximum extent practicable, maintains ‘‘(i) develop the metropolitan transpor- performance recorded in previous reports; baseline conditions for the performance tar- tation plan and transportation improvement ‘‘(II) an accounting of the performance of gets identified in subsection (h)(2); program in consultation with interested par- the metropolitan planning organization on ‘‘(iv) may include a scenario that improves ties, as appropriate, including by the forma- outlay of obligated project funds and deliv- the baseline conditions for as many of the tion of advisory groups representative of the ery of projects that have reached substantial performance targets under subsection (h)(2) community and interested parties that par- completion in relation to— as possible; ticipate in the development of the metropoli- ‘‘(aa) the projects included in the transpor- ‘‘(v) may include a revenue constrained tan transportation plan and transportation tation improvement program; and scenario based on total revenues reasonably improvement program; ‘‘(bb) the projects that have been removed expected to be available over the 20-year ‘‘(ii) hold any public meetings at times and from the previous transportation improve- planning period and assumed population and locations that are, as applicable— ment program; and employment; and ‘‘(I) convenient; and ‘‘(III) when appropriate, an analysis of how ‘‘(vi) may include estimated costs and po- ‘‘(II) in compliance with the Americans the preferred scenario has improved the con- tential revenues available to support each with Disabilities Act of 1990 (42 U.S.C. 12101 ditions and performance of the transpor- scenario. et seq.); tation system and how changes in local poli- ‘‘(C) METRICS.—In addition to the perform- ‘‘(iii) employ visualization techniques to cies, investments, and growth have impacted ance targets identified in subsection (h)(2), describe metropolitan transportation plans the costs necessary to achieve the identified scenarios developed under this paragraph and transportation improvement programs; performance targets; may be evaluated using locally developed and ‘‘(v) recommended strategies and invest- metrics for the following categories: ‘‘(iv) make public information available in ments for improving system performance ‘‘(i) Congestion and mobility, including appropriate electronically accessible formats over the planning horizon, including trans- transportation use by mode. and means, such as the Internet, to afford portation systems management and oper- ‘‘(ii) Freight movement. reasonable opportunity for consideration of ations strategies, maintenance strategies, ‘‘(iii) Safety. public information under subparagraph (A). demand management strategies, asset man- ‘‘(iv) Efficiency and costs to taxpayers.

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‘‘(4) FINANCIAL PLAN.—A financial plan re- planning organization designated for a met- some of the economic value created by any ferred to in paragraph (2)(C)(vii) shall— ropolitan area shall develop a transportation new investment); ‘‘(A) be prepared by each metropolitan improvement program for the metropolitan ‘‘(iii) estimates of future funds, to be de- planning organization to support the metro- planning area that— veloped cooperatively by the metropolitan politan transportation plan; and ‘‘(i) contains projects consistent with the planning organization, any public transpor- ‘‘(B) contain a description of— current metropolitan transportation plan; tation agency, and the State, that are rea- ‘‘(i) the projected resource requirements ‘‘(ii) reflects the investment priorities es- sonably expected to be available to support for implementing projects, strategies, and tablished in the current metropolitan trans- the investment priorities recommended in services recommended in the metropolitan portation plan; and the transportation improvement program; transportation plan, including existing and ‘‘(iii) once implemented, will make signifi- and projected system operating and maintenance cant progress toward achieving the perform- ‘‘(iv) each applicable project, only if full needs, proposed enhancement and expansions ance targets established under subsection funding can reasonably be anticipated to be to the system, projected available revenue (h)(2). available for the project within the time pe- from Federal, State, local, and private ‘‘(B) OPPORTUNITY FOR PARTICIPATION.—In riod contemplated for completion of the sources, and innovative financing techniques developing the transportation improvement project. to finance projects and programs; program, the metropolitan planning organi- ‘‘(4) INCLUDED PROJECTS.— ‘‘(ii) the projected difference between costs zation, in cooperation with the State and ‘‘(A) PROJECTS UNDER THIS CHAPTER AND and revenues, and strategies for securing ad- any affected public transportation operator, TITLE 23.—A transportation improvement ditional new revenue (such as by capture of shall provide an opportunity for participa- program developed under this subsection for some of the economic value created by any tion by interested parties, in accordance a metropolitan area shall include a descrip- new investment); with subsection (h)(4). tion of the projects within the area that are ‘‘(iii) estimates of future funds, to be de- ‘‘(C) UPDATING AND APPROVAL.—The trans- proposed for funding under this chapter and veloped cooperatively by the metropolitan portation improvement program shall be— chapter 1 of title 23. planning organization, any public transpor- ‘‘(i) updated not less frequently than once ‘‘(B) PROJECTS UNDER CHAPTER 2.— tation agency, and the State, that are rea- every 4 years, on a cycle compatible with the ‘‘(i) REGIONALLY SIGNIFICANT.—Each re- sonably expected to be available to support development of the relevant statewide trans- the investment priorities recommended in portation improvement program under sec- gionally significant project proposed for the metropolitan transportation plan; and tion 5304; and funding under chapter 2 of title 23 shall be ‘‘(iv) each applicable project only if full ‘‘(ii) approved by the applicable Governor. identified individually in the transportation improvement program. funding can reasonably be anticipated to be ‘‘(2) CONTENTS.— ‘‘(ii) NONREGIONALLY SIGNIFICANT.—A de- available for the project within the time pe- ‘‘(A) PRIORITY LIST.—The transportation riod contemplated for completion of the improvement program shall include a pri- scription of each project proposed for fund- project. ority list of proposed federally supported ing under chapter 2 of title 23 that is not de- ‘‘(5) COORDINATION WITH CLEAN AIR ACT projects and strategies to be carried out dur- termined to be regionally significant shall be AGENCIES.—The metropolitan planning orga- ing the 4-year period beginning on the date contained in 1 line item or identified individ- nization for any metropolitan area that is a of adoption of the transportation improve- ually in the transportation improvement nonattainment area or maintenance area ment program, and each 4-year period there- program. shall coordinate the development of a trans- after, using existing and reasonably avail- ‘‘(5) OPPORTUNITY FOR PARTICIPATION.—Be- portation plan with the process for develop- able revenues in accordance with the finan- fore approving a transportation improve- ment of the transportation control measures cial plan under paragraph (3). ment program, a metropolitan planning or- of the State implementation plan required ‘‘(B) DESCRIPTIONS.—Each project described ganization, in cooperation with the State by the Clean Air Act (42 U.S.C. 7401 et seq.). in the transportation improvement program and any affected public transportation oper- ‘‘(6) PUBLICATION.—On approval by the rel- shall include sufficient descriptive material ator, shall provide an opportunity for par- evant metropolitan planning organization, a (such as type of work, termini, length, and ticipation by interested parties in the devel- metropolitan transportation plan involving other similar factors) to identify the project opment of the transportation improvement Federal participation shall be, at such times or phase of the project and the effect that program, in accordance with subsection and in such manner as the Secretary shall the project or project phase will have in ad- (h)(4). require— dressing the performance targets described ‘‘(6) SELECTION OF PROJECTS.— ‘‘(A) published or otherwise made readily in subsection (h)(2). ‘‘(A) IN GENERAL.—Each tier I MPO and available by the metropolitan planning orga- ‘‘(C) PERFORMANCE TARGET ACHIEVEMENT.— tier II MPO shall select projects carried out nization for public review, including (to the The transportation improvement program within the boundaries of the applicable met- maximum extent practicable) in electroni- shall include, to the maximum extent prac- ropolitan planning area from the transpor- cally accessible formats and means, such as ticable, a description of the anticipated ef- tation improvement program, in consulta- the Internet; and fect of the transportation improvement pro- tion with the relevant State and on concur- ‘‘(B) submitted for informational purposes gram on attainment of the performance tar- rence of the affected facility owner, for funds to the applicable Governor. gets established in the metropolitan trans- apportioned to the State under section ‘‘(7) CONSULTATION.— portation plan, linking investment priorities 104(b)(2) of title 23 and suballocated to the ‘‘(A) IN GENERAL.—In each metropolitan to those performance targets. metropolitan planning area under section area, the metropolitan planning organization ‘‘(D) ILLUSTRATIVE LIST OF PROJECTS.—In 133(d) of title 23. shall consult, as appropriate, with Federal, developing a transportation improvement ‘‘(B) PROJECTS UNDER CHAPTER 53.—In the State, tribal, and local agencies responsible program, an optional illustrative list of case of projects under this chapter, the selec- for land use management, natural resources, projects may be prepared containing addi- tion of federally funded projects in metro- environmental protection, conservation, and tional investment priorities that— politan areas shall be carried out, from the historic preservation concerning the devel- ‘‘(i) are not included in the transportation approved transportation improvement pro- opment of a metropolitan transportation improvement program; but gram, by the designated recipients of public plan. ‘‘(ii) would be so included if resources in transportation funding in cooperation with ‘‘(B) ISSUES.—The consultation under sub- addition to the resources identified in the fi- the metropolitan planning organization. paragraph (A) shall involve, as available, nancial plan under paragraph (3) were avail- ‘‘(C) CONGESTION MITIGATION AND AIR QUAL- consideration of— able. ITY PROJECTS.—Each tier I MPO shall select ‘‘(i) metropolitan transportation plans ‘‘(3) FINANCIAL PLAN.—A financial plan re- projects carried out within the boundaries of with Federal, State, tribal, and local con- ferred to in paragraph (2)(D)(ii) shall— the applicable metropolitan planning area servation plans or maps; and ‘‘(A) be prepared by each metropolitan from the transportation improvement pro- ‘‘(ii) inventories of natural or historic re- planning organization to support the trans- gram, in consultation with the relevant sources. portation improvement program; and State and on concurrence of the affected fa- ‘‘(8) SELECTION OF PROJECTS FROM ILLUS- ‘‘(B) contain a description of— cility owner, for funds apportioned to the TRATIVE LIST.—Notwithstanding paragraph ‘‘(i) the projected resource requirements State under section 104(b)(4) of title 23 and (4), a State or metropolitan planning organi- for implementing projects, strategies, and suballocated to the metropolitan planning zation shall not be required to select any services recommended in the transportation area under section 149(j) of title 23. project from the illustrative list of addi- improvement program, including existing ‘‘(D) MODIFICATIONS TO PROJECT PRIORITY.— tional projects included in the metropolitan and projected system operating and mainte- Notwithstanding any other provision of law, transportation plan under paragraph nance needs, proposed enhancement and ex- approval by the Secretary shall not be re- (2)(C)(ix). pansions to the system, projected available quired to carry out a project included in a ‘‘(j) TRANSPORTATION IMPROVEMENT PRO- revenue from Federal, State, local, and pri- transportation improvement program in GRAM.— vate sources, and innovative financing tech- place of another project in the transpor- ‘‘(1) DEVELOPMENT.— niques to finance projects and programs; tation improvement program. ‘‘(A) IN GENERAL.—In cooperation with the ‘‘(ii) the projected difference between costs ‘‘(7) PUBLICATION.— applicable State and any affected public and revenues, and strategies for securing ad- ‘‘(A) IN GENERAL.—A transportation im- transportation operator, the metropolitan ditional new revenue (such as by capture of provement program shall be published or

VerDate Mar 15 2010 01:58 Mar 08, 2012 Jkt 099060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S17FE2.REC S17FE2 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 17, 2012 CONGRESSIONAL RECORD — SENATE S935 otherwise made readily available by the ap- nization for projects funded under this chap- under section 5305(g) of this title shall be plicable metropolitan planning organization ter and title 23. available to carry out this section. for public review in electronically accessible ‘‘(B) RESTORATION OF WITHHELD FUNDS.— ‘‘(q) CONTINUATION OF CURRENT REVIEW formats and means, such as the Internet. Any funds withheld under subparagraph (A) PRACTICE.— ‘‘(B) ANNUAL LIST OF PROJECTS.—An annual shall be restored to the metropolitan plan- ‘‘(1) IN GENERAL.—In consideration of the ning area on the date of certification of the list of projects, including investments in pe- factors described in paragraph (2), any deci- metropolitan transportation planning proc- destrian walkways, bicycle transportation sion by the Secretary concerning a metro- ess by the Secretary. facilities, and intermodal facilities that sup- politan transportation plan or transpor- ‘‘(5) PUBLIC INVOLVEMENT.—In making a de- port intercity transportation, for which Fed- tation improvement program shall not be termination regarding certification under eral funds have been obligated during the considered to be a Federal action subject to preceding fiscal year shall be published or this subsection, the Secretary shall provide for public involvement appropriate to the review under the National Environmental otherwise made available by the cooperative Policy Act of 1969 (42 U.S.C. 4321 et seq.). effort of the State, public transportation op- metropolitan planning area under review. ‘‘(m) PERFORMANCE-BASED PLANNING PROC- ‘‘(2) DESCRIPTION OF FACTORS.—The factors erator, and metropolitan planning organiza- referred to in paragraph (1) are that— tion in electronically accessible formats and ESSES EVALUATION.— ‘‘(1) IN GENERAL.—The Secretary shall es- ‘‘(A) metropolitan transportation plans means, such as the Internet, in a manner and transportation improvement programs that is consistent with the categories identi- tablish criteria to evaluate the effectiveness of the performance-based planning processes are subject to a reasonable opportunity for fied in the relevant transportation improve- public comment; ment program. of metropolitan planning organizations under this section, taking into consideration ‘‘(B) the projects included in metropolitan ‘‘(k) PLANNING REQUIREMENTS FOR TIER II the following: transportation plans and transportation im- MPOS.— ‘‘(A) The extent to which the metropolitan provement programs are subject to review ‘‘(1) IN GENERAL.—The Secretary may pro- planning organization has achieved, or is under the National Environmental Policy vide for the performance-based development Act of 1969 (42 U.S.C. 4321 et seq.); and of a metropolitan transportation plan and currently making substantial progress to- ward achieving, the performance targets ‘‘(C) decisions by the Secretary concerning transportation improvement program for the metropolitan transportation plans and trans- metropolitan planning area of a tier II MPO, specified in subsection (h)(2), taking into ac- count whether the metropolitan planning or- portation improvement programs have not as the Secretary determines to be appro- been reviewed under the National Environ- priate, taking into account— ganization developed meaningful perform- ance targets. mental Policy Act of 1969 (42 U.S.C. 4321 et ‘‘(A) the complexity of transportation seq.) as of January 1, 1997. needs in the area; and ‘‘(B) The extent to which the metropolitan ‘‘(B) the technical capacity of the metro- planning organization has used proven best ‘‘(r) SCHEDULE FOR IMPLEMENTATION.—The politan planning organization. practices that help ensure transportation in- Secretary shall issue guidance on a schedule vestment that is efficient and cost-effective. ‘‘(2) EVALUATION OF PERFORMANCE-BASED for implementation of the changes made by ‘‘(C) The extent to which the metropolitan PLANNING.—In reviewing a tier II MPO under this section, taking into consideration the subsection (m), the Secretary shall take into planning organization— established planning update cycle for metro- consideration the effectiveness of the tier II ‘‘(i) has developed an investment process politan planning organizations. The Sec- MPO in implementing and maintaining a that relies on public input and awareness to retary shall not require a metropolitan plan- performance-based planning process that— ensure that investments are transparent and ning organization to deviate from its estab- ‘‘(A) addresses the performance targets de- accountable; and lished planning update cycle to implement scribed in subsection (h)(2); and ‘‘(ii) provides regular reports allowing the changes made by this section. Metropolitan ‘‘(B) demonstrates progress on the achieve- public to access the information being col- planning organizations shall reflect changes ment of those performance targets. lected in a format that allows the public to made to their transportation plan or trans- meaningfully assess the performance of the portation improvement program updates not ‘‘(l) CERTIFICATION.— metropolitan planning organization. later than 2 years after the date of issuance ‘‘(1) IN GENERAL.—The Secretary shall— ‘‘(2) REPORT.— ‘‘(A) ensure that the metropolitan trans- of guidance by the Secretary.’’. ‘‘(A) IN GENERAL.—Not later than 5 years portation planning process of a metropolitan (b) PILOT PROGRAM FOR TRANSIT-ORIENTED after the date of enactment of the Federal planning organization is being carried out in DEVELOPMENT PLANNING.— Public Transportation Act of 2012, the Sec- accordance with applicable Federal law; and (1) DEFINITIONS.—In this subsection the fol- retary shall submit to Congress a report ‘‘(B) subject to paragraph (2), certify, not lowing definitions shall apply: evaluating— less frequently than once every 4 years, that (A) ELIGIBLE PROJECT.—The term ‘‘eligible ‘‘(i) the overall effectiveness of perform- the requirements of subparagraph (A) are project’’ means a new fixed guideway capital ance-based planning as a tool for guiding met with respect to the metropolitan trans- project or a core capacity improvement transportation investments; and portation planning process. project, as those terms are defined in section ‘‘(ii) the effectiveness of the performance- ‘‘(2) REQUIREMENTS FOR CERTIFICATION.— 5309 of title 49, United States Code, as based planning process of each metropolitan The Secretary may make a certification amended by this division. planning organization under this section. under paragraph (1)(B) if— (B) SECRETARY.—The term ‘‘Secretary’’ ‘‘(B) PUBLICATION.—The report under sub- ‘‘(A) the metropolitan transportation plan- means the Secretary of Transportation. paragraph (A) shall be published or otherwise ning process complies with the requirements (2) GENERAL AUTHORITY.—The Secretary made available in electronically accessible of this section and other applicable Federal may make grants under this subsection to a formats and means, including on the Inter- law; State or local governmental authority to as- net. ‘‘(B) representation on the metropolitan sist in financing comprehensive planning as- ‘‘(n) ADDITIONAL REQUIREMENTS FOR CER- planning organization board includes offi- TAIN NONATTAINMENT AREAS.— sociated with an eligible project that seeks cials of public agencies that administer or ‘‘(1) IN GENERAL.—Notwithstanding any to— operate major modes of transportation in the other provision of this chapter or title 23, (A) enhance economic development, rider- relevant metropolitan area, including pro- Federal funds may not be advanced in any ship, and other goals established during the viders of public transportation; and metropolitan planning area classified as a project development and engineering proc- ‘‘(C) a transportation improvement pro- nonattainment area or maintenance area for esses; gram for the metropolitan planning area has any highway project that will result in a sig- (B) facilitate multimodal connectivity and been approved by the relevant metropolitan nificant increase in the carrying capacity for accessibility; planning organization and applicable Gov- single-occupant vehicles, unless the owner or (C) increase access to transit hubs for pe- ernor. operator of the project demonstrates that destrian and bicycle traffic; ‘‘(3) DELEGATION OF AUTHORITY.—The Sec- the project will achieve or make substantial (D) enable mixed-use development; retary may— progress toward achieving the performance (E) identify infrastructure needs associ- ‘‘(A) delegate to the appropriate State targets described in subsection (h)(2). ated with the eligible project; and fact-finding authority regarding the certifi- ‘‘(2) APPLICABILITY.—This subsection ap- (F) include private sector participation. cation of a tier II MPO under this sub- plies to any nonattainment area or mainte- (3) ELIGIBILITY.—A State or local govern- section; and nance area within the boundaries of a metro- mental authority that desires to participate ‘‘(B) make the certification under para- politan planning area, as determined under in the program under this subsection shall graph (1) in consultation with the State. subsection (d). submit to the Secretary an application that ‘‘(4) EFFECT OF FAILURE TO CERTIFY.— ‘‘(o) EFFECT OF SECTION.—Nothing in this contains, at a minimum— ‘‘(A) WITHHOLDING OF PROJECT FUNDS.—If a section provides to any metropolitan plan- (A) identification of an eligible project; metropolitan transportation planning proc- ning organization the authority to impose (B) a schedule and process for the develop- ess of a metropolitan planning organization any legal requirement on any transportation ment of a comprehensive plan; is not certified under paragraph (1), the Sec- facility, provider, or project not subject to (C) a description of how the eligible project retary may withhold up to 20 percent of the the requirements of this chapter or title 23. and the proposed comprehensive plan ad- funds attributable to the metropolitan plan- ‘‘(p) FUNDING.—Funds apportioned under vance the metropolitan transportation plan ning area of the metropolitan planning orga- section 104(b)(6) of title 23 and set aside of the metropolitan planning organization;

VerDate Mar 15 2010 01:58 Mar 08, 2012 Jkt 099060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S17FE2.REC S17FE2 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S936 CONGRESSIONAL RECORD — SENATE February 17, 2012 (D) proposed performance criteria for the ‘‘(D) develop the transportation portion of ‘‘(A) support the economic vitality of the development and implementation of the the State implementation plan as required United States, the State, nonmetropolitan comprehensive plan; and by the Clean Air Act (42 U.S.C. 7401 et seq.). areas, and metropolitan areas, especially by (E) identification of— ‘‘(2) MULTISTATE AREAS.— enabling global competitiveness, produc- (i) partners; ‘‘(A) IN GENERAL.—The Secretary shall en- tivity, and efficiency; (ii) availability of and authority for fund- courage each Governor with responsibility ‘‘(B) increase the safety of the transpor- ing; and for a portion of a multistate metropolitan tation system for motorized and non- (iii) potential State, local or other impedi- planning area and the appropriate metropoli- motorized users; ments to the implementation of the com- tan planning organizations to provide coordi- ‘‘(C) increase the security of the transpor- prehensive plan. nated transportation planning for the entire tation system for motorized and non- SEC. 20006. STATEWIDE AND NONMETROPOLITAN metropolitan area. motorized users; TRANSPORTATION PLANNING. ‘‘(B) COORDINATION ALONG DESIGNATED ‘‘(D) increase the accessibility and mobil- Section 5304 of title 49, United States Code, TRANSPORTATION CORRIDORS.—The Secretary ity of individuals and freight; is amended to read as follows: shall encourage each Governor with respon- ‘‘(E) protect and enhance the environment, ‘‘§ 5304. Statewide and nonmetropolitan sibility for a portion of a multistate trans- promote energy conservation, improve the transportation planning portation corridor to provide coordinated quality of life, and promote consistency be- ‘‘(a) STATEWIDE TRANSPORTATION PLANS transportation planning for the entire des- tween transportation improvements and AND STIPS.— ignated corridor. State and local planned growth and eco- ‘‘(1) DEVELOPMENT.— ‘‘(C) INTERSTATE COMPACTS.—For purposes nomic development patterns; ‘‘(A) IN GENERAL.—To accomplish the pol- of this section, any 2 or more States— ‘‘(F) enhance the integration and icy objectives described in section 5303(a), ‘‘(i) may enter into compacts, agreements, connectivity of the transportation system, each State shall develop a statewide trans- or organizations not in conflict with any across and between modes, for individuals portation plan and a statewide transpor- Federal law for cooperative efforts and mu- and freight; tation improvement program for all areas of tual assistance in support of activities au- ‘‘(G) increase efficient system management the State in accordance with this section. thorized under this section, as the activities and operation; and ‘‘(B) INCORPORATION OF METROPOLITAN relate to interstate areas and localities with- ‘‘(H) emphasize the preservation of the ex- TRANSPORTATION PLANS AND TIPS.—Each in the States; isting transportation system. State shall incorporate in the statewide ‘‘(ii) may establish such agencies (joint or ‘‘(2) PERFORMANCE-BASED APPROACH.— transportation plan and statewide transpor- otherwise) as the States determine to be ap- ‘‘(A) IN GENERAL.—The statewide transpor- tation improvement program, without propriate for ensuring the effectiveness of tation planning process shall provide for the change or by reference, the metropolitan the agreements and compacts; and establishment and use of a performance- transportation plans and transportation im- ‘‘(iii) are encouraged to enter into such based approach to transportation decision- provement programs, respectively, for each compacts, agreements, or organizations as making to support the national goals de- metropolitan planning area in the State. are appropriate to develop planning docu- scribed in section 5301(c) of this title and in ‘‘(C) NONMETROPOLITAN AREAS.—Each State ments in support of intercity or multistate section 150(b) of title 23. shall coordinate with local officials in small area projects, facilities, and services, the rel- ‘‘(B) SURFACE TRANSPORTATION PERFORM- urbanized areas with a population of 50,000 or evant components of which shall be reflected ANCE TARGETS.— more individuals, but fewer than 200,000 indi- in statewide transportation improvement ‘‘(i) IN GENERAL.—Each State shall estab- viduals, as calculated according to the most programs and statewide transportation lish performance targets that address the recent decennial census, and nonurbanized plans. performance measures described in sections areas of the State in preparing the non- ‘‘(D) RESERVATION OF RIGHTS.—The right to 119(f), 148(h), and 167(i) of title 23 to use in metropolitan portions of statewide transpor- alter, amend, or repeal any interstate com- tracking attainment of critical outcomes for tation plans and statewide transportation pact or agreement entered into under this the region of the State. improvement programs. subsection is expressly reserved. ‘‘(ii) COORDINATION.—Selection of perform- ‘‘(2) CONTENTS.—The statewide transpor- ‘‘(c) RELATIONSHIP WITH OTHER PLANNING ance targets by a State shall be coordinated tation plan and statewide transportation im- OFFICIALS.— with relevant metropolitan planning organi- provement program developed for each State ‘‘(1) IN GENERAL.—The Secretary shall en- zations to ensure consistency, to the max- shall provide for the development and inte- courage each State to cooperate with Fed- imum extent practicable. grated management and operation of trans- eral, State, tribal, and local officers and en- ‘‘(C) PUBLIC TRANSPORTATION PERFORMANCE portation systems and facilities (including tities responsible for other types of planning TARGETS.—For providers of public transpor- accessible pedestrian walkways, bicycle activities that are affected by transportation tation operating in urbanized areas with a transportation facilities, and intermodal fa- in the relevant area (including planned population of fewer than 200,000 individuals, cilities that support intercity transpor- growth, economic development, infrastruc- as calculated according to the most recent tation) that will function as— ture services, housing, other public services, decennial census, and not represented by a ‘‘(A) an intermodal transportation system environmental protection, airport oper- metropolitan planning organization, each for the State; and ations, high-speed and intercity passenger State shall adopt the performance targets ‘‘(B) an integral part of an intermodal rail, freight rail, port access, and freight identified by such providers of public trans- transportation system for the United States. movements), to the maximum extent prac- portation pursuant to sections 5326(c) and ‘‘(3) PROCESS.—The process for developing ticable, to ensure that the statewide and 5329(d), for use in tracking attainment of the statewide transportation plan and state- nonmetropolitan planning process, statewide critical outcomes for the region of the met- wide transportation improvement program transportation plans, and statewide trans- ropolitan planning organization. shall— portation improvement programs are devel- ‘‘(D) INTEGRATION OF OTHER PERFORMANCE- ‘‘(A) provide for consideration of all modes oped with due consideration for other related BASED PLANS.—A State shall integrate into of transportation; and planning activities in the State. the statewide transportation planning proc- ‘‘(B) be continuing, cooperative, and com- ‘‘(2) INCLUSION.—Cooperation under para- ess, directly or by reference, the goals, objec- prehensive to the degree appropriate, based graph (1) shall include the design and deliv- tives, performance measures, and perform- on the complexity of the transportation ery of transportation services within the ance targets described in this paragraph in needs to be addressed. State that are provided by— other State plans and processes, and asset ‘‘(b) COORDINATION AND CONSULTATION.— ‘‘(A) recipients of assistance under sections management and safety plans developed by ‘‘(1) IN GENERAL.—Each State shall— 202, 203, and 204 of title 23; providers of public transportation in urban- ‘‘(A) coordinate planning carried out under ‘‘(B) recipients of assistance under this ized areas with a population of fewer than this section with— chapter; 200,000 individuals, as calculated according ‘‘(i) the transportation planning activities ‘‘(C) government agencies and nonprofit or- to the most recent decennial census, and not carried out under section 5303 for metropoli- ganizations (including representatives of the represented by a metropolitan planning or- tan areas of the State; and agencies and organizations) that receive ganization, required as part of a perform- ‘‘(ii) statewide trade and economic devel- Federal assistance from a source other than ance-based program, including plans such opment planning activities and related the Department of Transportation to provide as— multistate planning efforts; nonemergency transportation services; and ‘‘(i) the State National Highway System ‘‘(B) coordinate planning carried out under ‘‘(D) sponsors of regionally significant pro- asset management plan; this section with the transportation plan- grams, projects, and services that are related ‘‘(ii) asset management plans developed by ning activities carried out by each non- to transportation and receive assistance providers of public transportation; metropolitan planning organization in the from any public or private source. ‘‘(iii) the State strategic highway safety State, as applicable; ‘‘(d) SCOPE OF PLANNING PROCESS.— plan; ‘‘(C) coordinate planning carried out under ‘‘(1) IN GENERAL.—The statewide transpor- ‘‘(iv) safety plans developed by providers of this section with the transportation plan- tation planning process for a State under public transportation; and ning activities carried out by each rural this section shall provide for consideration ‘‘(v) the national freight strategic plan. planning organization in the State, as appli- of projects, strategies, and services that ‘‘(E) USE OF PERFORMANCE MEASURES AND cable; and will— TARGETS.—The performance measures and

VerDate Mar 15 2010 01:58 Mar 08, 2012 Jkt 099060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S17FE2.REC S17FE2 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 17, 2012 CONGRESSIONAL RECORD — SENATE S937 targets established under this paragraph an Indian tribe, the statewide transportation ‘‘(II) the performance measures and per- shall be used, at a minimum, by a State as plan and statewide transportation improve- formance targets used in assessing the exist- the basis for development of policies, pro- ment program of the State shall be devel- ing and future performance of the transpor- grams, and investment priorities reflected in oped in consultation with— tation system described in subsection (d)(2); the statewide transportation plan and state- ‘‘(A) the tribal government; and ‘‘(III) the current and projected future wide transportation improvement program. ‘‘(B) the Secretary of the Interior. usage of the transportation system, includ- ‘‘(3) FAILURE TO CONSIDER FACTORS.—The ‘‘(4) FEDERAL LAND MANAGEMENT AGEN- ing, to the maximum extent practicable, an failure to take into consideration 1 or more CIES.—With respect to each area of a State identification of existing or planned trans- of the factors specified in paragraphs (1) and under the jurisdiction of a Federal land man- portation rights-of-way, corridors, facilities, (2) shall not be subject to review by any agement agency, the statewide transpor- and related real properties; court under this chapter, title 23, subchapter tation plan and statewide transportation im- ‘‘(IV) a system performance report evalu- II of chapter 5 of title 5, or chapter 7 of title provement program of the State shall be de- ating the existing and future condition and 5 in any matter affecting a statewide trans- veloped in consultation with the relevant performance of the transportation system portation plan, a statewide transportation Federal land management agency. with respect to the performance targets de- improvement program, a project or strategy, ‘‘(5) CONSULTATION, COMPARISON, AND CON- scribed in subsection (d)(2) and updates to or the certification of a planning process. SIDERATION.— subsequent system performance reports, in- ‘‘(4) PARTICIPATION BY INTERESTED PAR- ‘‘(A) IN GENERAL.—A statewide transpor- cluding— TIES.— tation plan shall be developed, as appro- ‘‘(aa) progress achieved by the State in ‘‘(A) IN GENERAL.—Each State shall provide priate, in consultation with Federal, State, to affected individuals, public agencies, and meeting performance targets, as compared tribal, and local agencies responsible for to system performance recorded in previous other interested parties notice and a reason- land use management, natural resources, in- reports; and able opportunity to comment on the state- frastructure permitting, environmental pro- ‘‘(bb) an accounting of the performance by wide transportation plan and statewide tection, conservation, and historic preserva- the State on outlay of obligated project transportation improvement program. tion. funds and delivery of projects that have ‘‘(B) METHODS.—In carrying out subpara- ‘‘(B) COMPARISON AND CONSIDERATION.— reached substantial completion, in relation graph (A), the State shall, to the maximum Consultation under subparagraph (A) shall to the projects currently on the statewide extent practicable— involve the comparison of statewide trans- transportation improvement program and ‘‘(i) develop the statewide transportation portation plans to, as available— those projects that have been removed from plan and statewide transportation improve- ‘‘(i) Federal, State, tribal, and local con- the previous statewide transportation im- ment program in consultation with inter- servation plans or maps; and provement program; ested parties, as appropriate, including by ‘‘(ii) inventories of natural or historic re- the formation of advisory groups representa- sources. ‘‘(V) recommended strategies and invest- tive of the State and interested parties that ments for improving system performance participate in the development of the state- ‘‘(f) STATEWIDE TRANSPORTATION PLAN.— over the planning horizon, including trans- wide transportation plan and statewide ‘‘(1) DEVELOPMENT.— portation systems management and oper- transportation improvement program; ‘‘(A) IN GENERAL.—Each State shall develop ations strategies, maintenance strategies, ‘‘(ii) hold any public meetings at times and a statewide transportation plan, the forecast demand management strategies, asset man- locations that are, as applicable— period of which shall be not less than 20 agement strategies, capacity and enhance- ‘‘(I) convenient; and years for all areas of the State, that provides ment investments, land use improvements, ‘‘(II) in compliance with the Americans for the development and implementation of intelligent transportation systems deploy- with Disabilities Act of 1990 (42 U.S.C. 12101 the intermodal transportation system of the ment and technology adoption strategies as State. et seq.); determined by the projected support of per- ‘‘(B) INITIAL PERIOD.—A statewide trans- ‘‘(iii) employ visualization techniques to formance targets described in subsection portation plan shall include, at a minimum, describe statewide transportation plans and (d)(2); for the first 10-year period of the statewide statewide transportation improvement pro- ‘‘(VI) recommended strategies and invest- transportation plan, the identification of ex- grams; and ments to improve and integrate disability- isting and future transportation facilities ‘‘(iv) make public information available in related access to transportation infrastruc- that will function as an integrated statewide appropriate electronically accessible formats ture; transportation system, giving emphasis to and means, such as the Internet, to afford ‘‘(VII) investment priorities for using pro- those facilities that serve important na- reasonable opportunity for consideration of jected available and proposed revenues over tional, statewide, and regional transpor- public information under subparagraph (A). the short- and long-term stages of the plan- ‘‘(e) COORDINATION AND CONSULTATION.— tation functions. ning horizon, in accordance with the finan- ‘‘(1) METROPOLITAN AREAS.— ‘‘(C) SUBSEQUENT PERIOD.—For the second cial plan required under paragraph (2); ‘‘(A) IN GENERAL.—Each State shall develop 10-year period of the statewide transpor- a statewide transportation plan and state- tation plan (referred to in this subsection as ‘‘(VIII) a description of interstate com- wide transportation improvement program the ‘outer years period’), a statewide trans- pacts entered into in order to promote co- for each metropolitan area in the State by portation plan— ordinated transportation planning in incorporating, without change or by ref- ‘‘(i) may include identification of future multistate areas, if applicable; erence, at a minimum, as prepared by each transportation facilities; and ‘‘(IX) an optional illustrative list of metropolitan planning organization des- ‘‘(ii) shall describe the policies and strate- projects containing investments that— ignated for the metropolitan area under sec- gies that provide for the development and ‘‘(aa) are not included in the statewide tion 5303— implementation of the intermodal transpor- transportation plan; but ‘‘(i) all regionally significant projects to be tation system of the State. ‘‘(bb) would be so included if resources in carried out during the 10-year period begin- ‘‘(D) OTHER REQUIREMENTS.—A statewide addition to the resources identified in the fi- ning on the effective date of the relevant ex- transportation plan shall— nancial plan under paragraph (2) were avail- isting metropolitan transportation plan; and ‘‘(i) include, for the 20-year period covered able; ‘‘(ii) all projects to be carried out during by the statewide transportation plan, a de- ‘‘(X) a discussion (developed in consulta- the 4-year period beginning on the effective scription of— tion with Federal, State, and tribal wildlife, date of the relevant transportation improve- ‘‘(I) the projected aggregate cost of land management, and regulatory agencies) ment program. projects anticipated by a State to be imple- of types of potential environmental and ‘‘(B) PROJECTED COSTS.—Each metropolitan mented; and stormwater mitigation activities and poten- planning organization shall provide to each ‘‘(II) the revenues necessary to support the tial areas to carry out those activities, in- applicable State a description of the pro- projects; cluding activities that may have the great- jected costs of implementing the projects in- ‘‘(ii) include, in such form as the Secretary est potential to restore and maintain the en- cluded in the metropolitan transportation determines to be appropriate, a description vironmental functions affected by the state- plan of the metropolitan planning organiza- of— wide transportation plan; and tion for purposes of metropolitan financial ‘‘(I) the existing transportation infrastruc- ‘‘(XI) recommended strategies and invest- planning and fiscal constraint. ture, including an identification of high- ments, including those developed by the ‘‘(2) NONMETROPOLITAN AREAS.—With re- ways, local streets and roads, bicycle and pe- State as part of interstate compacts, agree- spect to nonmetropolitan areas in a State, destrian facilities, public transportation fa- ments, or organizations, that support inter- the statewide transportation plan and state- cilities and services, commuter rail facilities city transportation; and wide transportation improvement program and services, high-speed and intercity pas- ‘‘(iii) be updated by the State not less fre- of the State shall be developed in coordina- senger rail facilities and services, freight fa- quently than once every 5 years. tion with affected nonmetropolitan local of- cilities (including freight railroad and port ‘‘(2) FINANCIAL PLAN.—A financial plan re- ficials with responsibility for transportation, facilities), multimodal and intermodal facili- ferred to in paragraph (1)(D)(ii)(VII) shall— including providers of public transportation. ties, and intermodal connectors that, evalu- ‘‘(A) be prepared by each State to support ‘‘(3) INDIAN TRIBAL AREAS.—With respect to ated in the aggregate, function as an inte- the statewide transportation plan; and each area of a State under the jurisdiction of grated transportation system; ‘‘(B) contain a description of—

VerDate Mar 15 2010 01:58 Mar 08, 2012 Jkt 099060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S17FE2.REC S17FE2 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S938 CONGRESSIONAL RECORD — SENATE February 17, 2012 ‘‘(i) the projected resource requirements ‘‘(I) cover a period of not less than 4 years; some of the economic value created by any during the 20-year planning horizon for im- and new investment); plementing projects, strategies, and services ‘‘(II) be updated not less frequently than ‘‘(iii) estimates of future funds, to be de- recommended in the statewide transpor- once every 4 years, or more frequently, as veloped cooperatively by the State and rel- tation plan, including existing and projected the Governor determines to be appropriate. evant metropolitan planning organizations system operating and maintenance needs, ‘‘(ii) INCORPORATION OF TIPS.—A statewide and public transportation agencies, that are proposed enhancement and expansions to the transportation improvement program shall reasonably expected to be available to sup- system, projected available revenue from incorporate any relevant transportation im- port the investment priorities recommended Federal, State, local, and private sources, provement program developed by a metro- in the statewide transportation improve- and innovative financing techniques to fi- politan planning organization under section ment program; and nance projects and programs; 5303, without change. ‘‘(iv) each applicable project, only if full ‘‘(ii) the projected difference between costs ‘‘(iii) PROJECTS.—Each project included in funding can reasonably be anticipated to be and revenues, and strategies for securing ad- a statewide transportation improvement pro- available for the project within the time pe- ditional new revenue (such as by capture of gram shall be— riod contemplated for completion of the some of the economic value created by any ‘‘(I) consistent with the statewide trans- project. new investment); portation plan developed under this section ‘‘(4) INCLUDED PROJECTS.— ‘‘(iii) estimates of future funds, to be de- for the State; ‘‘(A) PROJECTS UNDER THIS CHAPTER AND veloped cooperatively by the State, any pub- ‘‘(II) identical to a project or phase of a TITLE 23.—A statewide transportation im- lic transportation agency, and relevant met- project described in a relevant transpor- provement program developed under this ropolitan planning organizations, that are tation improvement program; and subsection for a State shall include the reasonably expected to be available to sup- ‘‘(III) for any project located in a non- projects within the State that are proposed port the investment priorities recommended attainment area or maintenance area, car- for funding under this chapter and chapter 1 in the statewide transportation plan; ried out in accordance with the applicable of title 23. ‘‘(iv) each applicable project, only if full State air quality implementation plan devel- ‘‘(B) PROJECTS UNDER THIS CHAPTER AND funding can reasonably be anticipated to be oped under the Clean Air Act (42 U.S.C. 7401 CHAPTER 2.— available for the project within the time pe- et seq.). ‘‘(i) REGIONALLY SIGNIFICANT.—Each re- riod contemplated for completion of the ‘‘(2) CONTENTS.— gionally significant project proposed for project; and ‘‘(A) PRIORITY LIST.—A statewide transpor- funding under this chapter and chapter 2 of ‘‘(v) aggregate cost ranges or bands, sub- tation improvement program shall include a title 23 shall be identified individually in the ject to the condition that any future funding priority list of proposed federally supported statewide transportation improvement pro- source shall be reasonably expected to be projects and strategies, to be carried out gram. available to support the projected cost during the 4-year period beginning on the ‘‘(ii) NONREGIONALLY SIGNIFICANT.—A de- ranges or bands, for the outer years period of date of adoption of the statewide transpor- scription of each project proposed for fund- the statewide transportation plan. tation improvement program, and during ing under this chapter and chapter 2 of title ‘‘(3) COORDINATION WITH CLEAN AIR ACT each 4-year period thereafter, using existing 23 that is not determined to be regionally AGENCIES.—For any nonmetropolitan area and reasonably available revenues in accord- significant shall be contained in 1 line item that is a nonattainment area or maintenance ance with the financial plan under paragraph or identified individually in the statewide area, the State shall coordinate the develop- (3). transportation improvement program. ment of the statewide transportation plan ‘‘(B) DESCRIPTIONS.—Each project or phase ‘‘(5) PUBLICATION.— with the process for development of the of a project included in a statewide transpor- ‘‘(A) IN GENERAL.—A statewide transpor- transportation control measures of the State tation improvement program shall include tation improvement program shall be pub- implementation plan required by the Clean sufficient descriptive material (such as type lished or otherwise made readily available Air Act (42 U.S.C. 7401 et seq.). of work, termini, length, estimated comple- by the State for public review in electroni- ‘‘(4) PUBLICATION.—A statewide transpor- tion date, and other similar factors) to iden- cally accessible formats and means, such as tation plan involving Federal and non-Fed- tify— the Internet. eral participation programs, projects, and ‘‘(i) the project or project phase; and ‘‘(B) ANNUAL LIST OF PROJECTS.—An annual strategies shall be published or otherwise ‘‘(ii) the effect that the project or project list of projects, including investments in pe- made readily available by the State for pub- phase will have in addressing the perform- destrian walkways, bicycle transportation lic review, including (to the maximum ex- ance targets described in subsection (d)(2). facilities, and intermodal facilities that sup- tent practicable) in electronically accessible ‘‘(C) PERFORMANCE TARGET ACHIEVEMENT.— port intercity transportation, for which Fed- formats and means, such as the Internet, in A statewide transportation improvement eral funds have been obligated during the such manner as the Secretary shall require. program shall include, to the maximum ex- preceding fiscal year shall be published or ‘‘(5) SELECTION OF PROJECTS FROM ILLUS- tent practicable, a discussion of the antici- otherwise made available by the cooperative TRATIVE LIST.—Notwithstanding paragraph pated effect of the statewide transportation effort of the State, public transportation op- (2), a State shall not be required to select improvement program toward achieving the erator, and relevant metropolitan planning any project from the illustrative list of addi- performance targets established in the state- organizations in electronically accessible tional projects included in the statewide wide transportation plan, linking investment formats and means, such as the Internet, in transportation plan under paragraph priorities to those performance targets. a manner that is consistent with the cat- (1)(D)(ii)(IX). ‘‘(D) ILLUSTRATIVE LIST OF PROJECTS.—An egories identified in the relevant statewide ‘‘(g) STATEWIDE TRANSPORTATION IMPROVE- optional illustrative list of projects may be transportation improvement program. MENT PROGRAMS.— prepared containing additional investment ‘‘(6) PROJECT SELECTION FOR URBANIZED ‘‘(1) DEVELOPMENT.— priorities that— AREAS WITH POPULATIONS OF FEWER THAN ‘‘(A) IN GENERAL.—In cooperation with ‘‘(i) are not included in the statewide 200,000 NOT REPRESENTED BY DESIGNATED nonmetropolitan officials with responsibility transportation improvement program; but MPOS.—Projects carried out in urbanized for transportation and affected public trans- ‘‘(ii) would be so included if resources in areas with populations of fewer than 200,000 portation operators, the State shall develop addition to the resources identified in the fi- individuals, as calculated according to the a statewide transportation improvement pro- nancial plan under paragraph (3) were avail- most recent decennial census, and that are gram for the State that— able. not represented by designated metropolitan ‘‘(i) includes projects consistent with the ‘‘(3) FINANCIAL PLAN.—A financial plan re- planning organizations, shall be selected statewide transportation plan; ferred to in paragraph (2)(D)(ii) shall— from the approved statewide transportation ‘‘(ii) reflects the investment priorities es- ‘‘(A) be prepared by each State to support improvement program (including projects tablished in the statewide transportation the statewide transportation improvement carried out under this chapter and projects plan; and program; and carried out by the State), in cooperation ‘‘(iii) once implemented, makes significant ‘‘(B) contain a description of— with the affected nonmetropolitan planning progress toward achieving the performance ‘‘(i) the projected resource requirements organization, if any exists, and in consulta- targets described in subsection (d)(2). for implementing projects, strategies, and tion with the affected nonmetropolitan area ‘‘(B) OPPORTUNITY FOR PARTICIPATION.—In services recommended in the statewide local officials with responsibility for trans- developing a statewide transportation im- transportation improvement program, in- portation. provement program, the State, in coopera- cluding existing and projected system oper- ‘‘(7) APPROVAL BY SECRETARY.— tion with affected public transportation op- ating and maintenance needs, proposed en- ‘‘(A) IN GENERAL.—Not less frequently than erators, shall provide an opportunity for par- hancement and expansions to the system, once every 4 years, a statewide transpor- ticipation by interested parties in the devel- projected available revenue from Federal, tation improvement program developed opment of the statewide transportation im- State, local, and private sources, and innova- under this subsection shall be reviewed and provement program, in accordance with sub- tive financing techniques to finance projects approved by the Secretary, based on the cur- section (e). and programs; rent planning finding of the Secretary under ‘‘(C) OTHER REQUIREMENTS.— ‘‘(ii) the projected difference between costs subparagraph (B). ‘‘(i) IN GENERAL.—A statewide transpor- and revenues, and strategies for securing ad- ‘‘(B) PLANNING FINDING.—The Secretary tation improvement program shall— ditional new revenue (such as by capture of shall make a planning finding referred to in

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subparagraph (A) not less frequently than ‘‘(i) the overall effectiveness of perform- ‘‘(1) CAPITAL ASSISTANCE.—The Secretary once every 5 years regarding whether the ance-based planning as a tool for guiding may make grants and enter into contracts transportation planning process through transportation investments; and and other agreements (including agreements which statewide transportation plans and ‘‘(ii) the effectiveness of the performance- with departments, agencies, and instrumen- statewide transportation improvement pro- based planning process of each State. talities of the Government) for capital grams are developed is consistent with this ‘‘(B) PUBLICATION.—The report under sub- projects to protect, repair, reconstruct, or section and section 5303. paragraph (A) shall be published or otherwise replace equipment and facilities of a public ‘‘(8) MODIFICATIONS TO PROJECT PRIORITY.— made available in electronically accessible transportation system operating in the Approval by the Secretary shall not be re- formats and means, including on the Inter- United States or on an Indian reservation quired to carry out a project included in an net. that the Secretary determines is in danger of approved statewide transportation improve- ‘‘(j) FUNDING.—Funds apportioned under suffering serious damage, or has suffered se- ment program in place of another project in section 104(b)(6) of title 23 and set aside rious damage, as a result of an emergency. the statewide transportation improvement under section 5305(g) shall be available to ‘‘(2) OPERATING ASSISTANCE.—Of the funds program. carry out this section. appropriated to carry out this section, the ‘‘(k) CONTINUATION OF CURRENT REVIEW Secretary may make grants and enter into ‘‘(h) CERTIFICATION.— PRACTICE.— contracts or other agreements for the eligi- ‘‘(1) IN GENERAL.—The Secretary shall— ‘‘(1) IN GENERAL.—In consideration of the ble operating costs of public transportation ‘‘(A) ensure that the statewide transpor- factors described in paragraph (2), any deci- equipment and facilities in an area directly tation planning process of a State is being sion by the Secretary concerning a statewide affected by an emergency during— carried out in accordance with applicable transportation plan or statewide transpor- ‘‘(A) the 1-year period beginning on the Federal law; and tation improvement program shall not be date of a declaration described in subsection ‘‘(B) subject to paragraph (2), certify, not considered to be a Federal action subject to (a)(2); or less frequently than once every 5 years, that review under the National Environmental ‘‘(B) if the Secretary determines there is a the requirements of subparagraph (A) are Policy Act of 1969 (42 U.S.C. 4321 et seq.). compelling need, the 2-year period beginning met with respect to the statewide transpor- ‘‘(2) DESCRIPTION OF FACTORS.—The factors on the date of a declaration described in sub- tation planning process. referred to in paragraph (1) are that— section (a)(2). ‘‘(2) REQUIREMENTS FOR CERTIFICATION.— ‘‘(A) statewide transportation plans and ‘‘(c) COORDINATION OF EMERGENCY FUNDS.— The Secretary may make a certification statewide transportation improvement pro- ‘‘(1) USE OF FUNDS.—Funds appropriated to under paragraph (1)(B) if— grams are subject to a reasonable oppor- carry out this section shall be in addition to ‘‘(A) the statewide transportation planning tunity for public comment; any other funds available— process complies with the requirements of ‘‘(B) the projects included in statewide ‘‘(A) under this chapter; or this section and other applicable Federal transportation plans and statewide transpor- ‘‘(B) for the same purposes as authorized law; and tation improvement programs are subject to under this section by any other branch of the ‘‘(B) a statewide transportation improve- review under the National Environmental Government, including the Federal Emer- ment program for the State has been ap- Policy Act of 1969 (42 U.S.C. 4321 et seq.); and gency Management Agency, or a State agen- proved by the Governor of the State. ‘‘(C) decisions by the Secretary concerning cy, local governmental entity, organization, ‘‘(3) EFFECT OF FAILURE TO CERTIFY.— statewide transportation plans and statewide or person. ‘‘(A) WITHHOLDING OF PROJECT FUNDS.—If a transportation improvement programs have ‘‘(2) NOTIFICATION.—The Secretary shall statewide transportation planning process of not been reviewed under the National Envi- notify the Secretary of Homeland Security a State is not certified under paragraph (1), ronmental Policy Act of 1969 (42 U.S.C. 4321 of the purpose and amount of any grant the Secretary may withhold up to 20 percent et seq.) as of January 1, 1997. made or contract or other agreement entered of the funds attributable to the State for ‘‘(l) SCHEDULE FOR IMPLEMENTATION.—The into under this section. projects funded under this chapter and title Secretary shall issue guidance on a schedule ‘‘(d) INTERAGENCY TRANSFERS.—Amounts 23. for implementation of the changes made by that are made available for emergency pur- ‘‘(B) RESTORATION OF WITHHELD FUNDS.— this section, taking into consideration the poses to any other agency of the Govern- Any funds withheld under subparagraph (A) established planning update cycle for States. ment, including the Federal Emergency shall be restored to the State on the date of The Secretary shall not require a State to Management Agency, and that are eligible to certification of the statewide transportation deviate from its established planning update be expended for purposes authorized under planning process by the Secretary. cycle to implement changes made by this this section may be transferred to and ad- ‘‘(4) PUBLIC INVOLVEMENT.—In making a de- section. States shall reflect changes made to ministered by the Secretary under this sec- termination regarding certification under their transportation plan or transportation tion. this subsection, the Secretary shall provide improvement program updates not later ‘‘(e) INTERAGENCY AGREEMENT.— for public involvement appropriate to the than 2 years after the date of issuance of ‘‘(1) IN GENERAL.—The Secretary shall State under review. guidance by the Secretary under this sub- enter into an interagency agreement with ‘‘(i) PERFORMANCE-BASED PLANNING PROC- section.’’. the Secretary of Homeland Security which ESSES EVALUATION.— SEC. 20007. PUBLIC TRANSPORTATION EMER- shall provide for the means by which the De- GENCY RELIEF PROGRAM. ‘‘(1) IN GENERAL.—The Secretary shall es- partment of Transportation, including the tablish criteria to evaluate the effectiveness Section 5306 of title 49, United States Code, Federal Transit Administration, and the De- of the performance-based planning processes is amended to read as follows: partment of Homeland Security, including of States, taking into consideration the fol- ‘‘§ 5306. Public transportation emergency re- the Federal Emergency Management Agen- lowing: lief program cy, shall cooperate in administering emer- ‘‘(A) The extent to which the State has ‘‘(a) DEFINITION.—In this section the fol- gency relief for public transportation. achieved, or is currently making substantial lowing definitions shall apply: ‘‘(2) CONTENTS.—The interagency agree- progress toward achieving, the performance ‘‘(1) ELIGIBLE OPERATING COSTS.—The term ment under paragraph (1) shall provide that targets described in subsection (d)(2), taking ‘eligible operating costs’ means costs relat- funds made available to the Federal Emer- into account whether the State developed ing to— gency Management Agency for emergency meaningful performance targets. ‘‘(A) evacuation services; relief for public transportation shall be ‘‘(B) The extent to which the State has ‘‘(B) rescue operations; transferred to the Secretary to carry out used proven best practices that help ensure ‘‘(C) temporary public transportation serv- this section, to the maximum extent pos- transportation investment that is efficient ice; or sible. and cost-effective. ‘‘(D) reestablishing, expanding, or relo- ‘‘(f) GRANT REQUIREMENTS.—A grant award- ‘‘(C) The extent to which the State— cating public transportation route service ed under this section shall be subject to the ‘‘(i) has developed an investment process before, during, or after an emergency. terms and conditions the Secretary deter- that relies on public input and awareness to ‘‘(2) EMERGENCY.—The term ‘emergency’ mines are necessary. ensure that investments are transparent and means a natural disaster affecting a wide ‘‘(g) GOVERNMENT SHARE OF COSTS.— accountable; and area (such as a flood, hurricane, tidal wave, ‘‘(1) CAPITAL PROJECTS AND OPERATING AS- ‘‘(ii) provides regular reports allowing the earthquake, severe storm, or landslide) or a SISTANCE.—A grant, contract, or other agree- public to access the information being col- catastrophic failure from any external cause, ment for a capital project or eligible oper- lected in a format that allows the public to as a result of which— ating costs under this section shall be, at the meaningfully assess the performance of the ‘‘(A) the Governor of a State has declared option of the recipient, for not more than 80 State. an emergency and the Secretary has con- percent of the net project cost, as deter- ‘‘(2) REPORT.— curred; or mined by the Secretary. ‘‘(A) IN GENERAL.—Not later than 5 years ‘‘(B) the President has declared a major ‘‘(2) NON-FEDERAL SHARE.—The remainder after the date of enactment of the Federal disaster under section 401 of the Robert T. of the net project cost may be provided from Public Transportation Act of 2012, the Sec- Stafford Disaster Relief and Emergency As- an undistributed cash surplus, a replacement retary shall submit to Congress a report sistance Act (42 U.S.C. 5170). or depreciation cash fund or reserve, or new evaluating— ‘‘(b) GENERAL AUTHORITY.— capital.

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‘‘(3) WAIVER.—The Secretary may waive, in retary makes a determination under sub- ‘‘(B) a transportation project designed to whole or part, the non-Federal share re- paragraph (A) with respect to an area, not support the use of public transportation in- quired under paragraph (2).’’. more than 25 percent of the amount appor- cluding— SEC. 20008. URBANIZED AREA FORMULA GRANTS. tioned to a designated recipient under sec- ‘‘(i) enhancements to existing public trans- Section 5307 of title 49, United States Code, tion 5336 for the fiscal year shall be available portation service for workers with non-tradi- is amended to read as follows: for operating assistance for the area. tional hours or reverse commutes; ‘‘§ 5307. Urbanized area formula grants ‘‘(ii) SECOND AND THIRD FISCAL YEARS.—For ‘‘(ii) guaranteed ride home programs; ‘‘(iii) bicycle storage facilities; and ‘‘(a) GENERAL AUTHORITY.— the second and third fiscal years following ‘‘(iv) projects that otherwise facilitate the ‘‘(1) GRANTS.—The Secretary may make the date on which the Secretary makes a de- grants under this section for— termination under subparagraph (A) with re- provision of public transportation services to ‘‘(A) capital projects; spect to an area, not more than 20 percent of employment opportunities. ‘‘(B) planning; and the amount apportioned to a designated re- ‘‘(2) PROJECT SELECTION AND PLAN DEVELOP- ‘‘(C) operating costs of equipment and fa- cipient under section 5336 for the fiscal year MENT.—Each grant recipient under this sub- cilities for use in public transportation in an shall be available for operating assistance section shall certify that— urbanized area with a population of fewer for the area. ‘‘(A) the projects selected were included in a locally developed, coordinated public tran- than 200,000 individuals, as determined by ‘‘(D) PERIOD OF AVAILABILITY FOR OPER- sit-human services transportation plan; the Bureau of the Census. ATING ASSISTANCE.—Operating assistance ‘‘(B) the plan was developed and approved ‘‘(2) SPECIAL RULE.—The Secretary may awarded under this paragraph shall be avail- through a process that included individuals make grants under this section to finance able for expenditure to a recipient in an area with low incomes, representatives of public, the operating cost of equipment and facili- until the end of the second fiscal year fol- private, and nonprofit transportation and ties for use in public transportation, exclud- lowing the date on which the Secretary human services providers, and participation ing rail fixed guideway, in an urbanized area makes a determination under subparagraph by the public; with a population of not fewer than 200,000 (A) with respect to the area, after which ‘‘(C) services funded under this subsection individuals, as determined by the Bureau of time any unexpended funds shall be available are coordinated with transportation services the Census— to the recipient for other eligible activities funded by other Federal departments and ‘‘(A) for public transportation systems under this section. ‘‘(E) CERTIFICATION.—The Secretary may agencies to the maximum extent feasible; that operate 75 or fewer buses during peak and service hours, in an amount not to exceed 50 make a grant for operating assistance under this paragraph for a fiscal year only if the ‘‘(D) allocations of the grant to subrecipi- percent of the share of the apportionment ents, if any, are distributed on a fair and eq- which is attributable to such systems within recipient certifies that— ‘‘(i) the recipient will maintain public uitable basis. the urbanized area, as measured by vehicle ‘‘(3) COMPETITIVE PROCESS FOR GRANTS TO revenue hours; and transportation service levels at or above the current service level, which shall be dem- SUBRECIPIENTS.— ‘‘(B) for public transportation systems that ‘‘(A) AREAWIDE SOLICITATIONS.—A recipient operate a minimum of 76 buses and a max- onstrated by providing an equal or greater number of vehicle hours of service in the fis- of funds apportioned under this subsection imum of 100 buses during peak service hours, may conduct, in cooperation with the appro- cal year than the number of vehicle hours of in an amount not to exceed 25 percent of the priate metropolitan planning organization, service provided in the preceding fiscal year; share of the apportionment which is attrib- an areawide solicitation for applications for ‘‘(ii) any non-Federal entity that provides utable to such systems within the urbanized grants to the recipient and subrecipients funding to the recipient, including a State or area, as measured by vehicle revenue hours. under this subsection. local governmental entity, will maintain the ‘‘(3) TEMPORARY AND TARGETED ASSIST- ‘‘(B) APPLICATION.—If the recipient elects tax rate or rate of allocations dedicated to ANCE.— to engage in a competitive process, recipi- public transportation at or above the rate ‘‘(A) ELIGIBILITY.—The Secretary may ents and subrecipients seeking to receive a for the preceding fiscal year; make a grant under this section to finance grant from apportioned funds shall submit to ‘‘(iii) the recipient has allocated the max- the operating cost of equipment and facili- the recipient an application in the form and imum amount of funding under this section ties to a recipient for use in public transpor- in accordance with such requirements as the for preventive maintenance costs eligible as tation in an area that the Secretary deter- recipient shall establish. a capital expense necessary to maintain the mines has— ‘‘(c) PROGRAM OF PROJECTS.—Each recipi- ‘‘(i) a population of not fewer than 200,000 level and quality of service provided in the ent of a grant shall— individuals, as determined by the Bureau of preceding fiscal year; and ‘‘(1) make available to the public informa- the Census; and ‘‘(iv) the recipient will not use funding tion on amounts available to the recipient ‘‘(ii) a 3-month unemployment rate, as re- under this section for new capital assets ex- under this section; ported by the Bureau of Labor Statistics, cept as necessary for the existing system to ‘‘(2) develop, in consultation with inter- that is— maintain or achieve a state of good repair, ested parties, including private transpor- ‘‘(I) greater than 7 percent; and assure safety, or replace obsolete tech- tation providers, a proposed program of ‘‘(II) at least 2 percentage points greater nology. projects for activities to be financed; than the lowest 3-month unemployment rate ‘‘(b) ACCESS TO JOBS PROJECTS.— ‘‘(3) publish a proposed program of projects for the area during the 5-year period pre- ‘‘(1) IN GENERAL.—A designated recipient in a way that affected individuals, private ceding the date of the determination. shall expend not less than 3 percent of the transportation providers, and local elected ‘‘(B) AWARD OF GRANT.— amount apportioned to the designated recipi- officials have the opportunity to examine ‘‘(i) IN GENERAL.—Except as otherwise pro- ent under section 5336 or an amount equal to the proposed program and submit comments vided in this subparagraph, the Secretary the amount apportioned to the designated on the proposed program and the perform- may make a grant under this section for not recipient in fiscal year 2011 to carry out sec- ance of the recipient; more than 2 consecutive fiscal years. tion 5316 (as in effect for fiscal year 2011), ‘‘(4) provide an opportunity for a public ‘‘(ii) ADDITIONAL YEAR.—If, at the end of whichever is less, to carry out a program to hearing in which to obtain the views of indi- the second fiscal year following the date on develop and maintain job access projects. El- viduals on the proposed program of projects; which the Secretary makes a determination igible projects may include— ‘‘(5) ensure that the proposed program of under subparagraph (A) with respect to an ‘‘(A) a project relating to the development projects provides for the coordination of pub- area, the Secretary determines that the 3- and maintenance of public transportation lic transportation services assisted under month unemployment rate for the area is at services designed to transport eligible low- section 5336 of this title with transportation least 2 percentage points greater than the income individuals to and from jobs and ac- services assisted from other United States unemployment rate for the area at the time tivities related to their employment, includ- Government sources; the Secretary made the determination under ing— ‘‘(6) consider comments and views received, subparagraph (A), the Secretary may make a ‘‘(i) a public transportation project to fi- especially those of private transportation grant to a recipient in the area for 1 addi- nance planning, capital, and operating costs providers, in preparing the final program of tional consecutive fiscal year. of providing access to jobs under this chap- projects; and ‘‘(iii) EXCLUSION PERIOD.—Beginning on the ter; ‘‘(7) make the final program of projects last day of the last consecutive fiscal year ‘‘(ii) promoting public transportation by available to the public. for which a recipient receives a grant under low-income workers, including the use of ‘‘(d) GRANT RECIPIENT REQUIREMENTS.—A this paragraph, the Secretary may not make public transportation by workers with non- recipient may receive a grant in a fiscal year a subsequent grant under this paragraph to traditional work schedules; only if— the recipient for a number of fiscal years ‘‘(iii) promoting the use of public transpor- ‘‘(1) the recipient, within the time the Sec- equal to the number of consecutive fiscal tation vouchers for welfare recipients and el- retary prescribes, submits a final program of years in which the recipient received a grant igible low-income individuals; and projects prepared under subsection (c) of this under this paragraph. ‘‘(iv) promoting the use of employer-pro- section and a certification for that fiscal ‘‘(C) LIMITATION.— vided transportation, including the transit year that the recipient (including a person ‘‘(i) FIRST FISCAL YEAR.—For the first fis- pass benefit program under section 132 of the receiving amounts from a Governor under cal year following the date on which the Sec- Internal Revenue Code of 1986; and this section)—

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‘‘(A) has or will have the legal, financial, ‘‘(A) in cash from non-Government sources ‘‘(B) AUDITING PROCEDURES.—An audit of and technical capacity to carry out the pro- other than revenues from providing public the use of amounts of the Government shall gram, including safety and security aspects transportation services; comply with the auditing procedures of the of the program; ‘‘(B) from revenues from the sale of adver- Comptroller General. ‘‘(B) has or will have satisfactory con- tising and concessions; ‘‘(2) TRIENNIAL REVIEW.—At least once tinuing control over the use of equipment ‘‘(C) from an undistributed cash surplus, a every 3 years, the Secretary shall review and and facilities; replacement or depreciation cash fund or re- evaluate completely the performance of a re- ‘‘(C) will maintain equipment and facili- serve, or new capital; cipient in carrying out the recipient’s pro- ties; ‘‘(D) from amounts appropriated or other- gram, specifically referring to compliance ‘‘(D) will ensure that, during non-peak wise made available to a department or with statutory and administrative require- hours for transportation using or involving a agency of the Government (other than the ments and the extent to which actual pro- facility or equipment of a project financed Department of Transportation) that are eli- gram activities are consistent with the ac- under this section, a fare that is not more gible to be expended for transportation; and tivities proposed under subsection (d) of this than 50 percent of the peak hour fare will be ‘‘(E) from amounts received under a serv- section and the planning process required charged for any— ice agreement with a State or local social under sections 5303, 5304, and 5305 of this ‘‘(i) senior; service agency or private social service orga- title. To the extent practicable, the Sec- ‘‘(ii) individual who, because of illness, in- nization. retary shall coordinate such reviews with jury, age, congenital malfunction, or other ‘‘(4) USE OF CERTAIN FUNDS.—For purposes any related State or local reviews. incapacity or temporary or permanent dis- of subparagraphs (D) and (E) of paragraph ‘‘(3) ACTIONS RESULTING FROM REVIEW, ability (including an individual who is a (3), the prohibitions on the use of funds for AUDIT, OR EVALUATION.—The Secretary may wheelchair user or has semiambulatory capa- matching requirements under section take appropriate action consistent with a re- bility), cannot use a public transportation 403(a)(5)(C)(vii) of the Social Security Act (42 view, audit, and evaluation under this sub- service or a public transportation facility ef- U.S.C. 603(a)(5)(C)(vii)) shall not apply to section, including making an appropriate ad- fectively without special facilities, planning, Federal or State funds to be used for trans- justment in the amount of a grant or with- or design; and portation purposes. drawing the grant. ‘‘(iii) individual presenting a Medicare card ‘‘(f) UNDERTAKING PROJECTS IN ADVANCE.— ‘‘(h) TREATMENT.—For purposes of this sec- issued to that individual under title II or ‘‘(1) PAYMENT.—The Secretary may pay the tion, the United States Virgin Islands shall XVIII of the Social Security Act (42 U.S.C. Government share of the net project cost to be treated as an urbanized area, as defined in a State or local governmental authority that 401 et seq. and 1395 et seq.); section 5302. carries out any part of a project eligible ‘‘(E) in carrying out a procurement under ‘‘(i) PASSENGER FERRY GRANT PROGRAM.— under subparagraph (A) or (B) of subsection this section, will comply with sections 5323 ‘‘(1) IN GENERAL.—The Secretary may make (a)(1) without the aid of amounts of the Gov- and 5325; grants under this subsection to recipients for ernment and according to all applicable pro- ‘‘(F) has complied with subsection (c) of passenger ferry projects that are eligible for cedures and requirements if— this section; a grant under subsection (a). ‘‘(A) the recipient applies for the payment; ‘‘(G) has available and will provide the re- ‘‘(2) GRANT REQUIREMENTS.—Except as oth- ‘‘(B) the Secretary approves the payment; quired amounts as provided by subsection (e) erwise provided in this subsection, a grant and of this section; under this subsection shall be subject to the ‘‘(C) before carrying out any part of the ‘‘(H) will comply with sections 5303 and same terms and conditions as a grant under project, the Secretary approves the plans subsection (a). 5304; and specifications for the part in the same ‘‘(3) COMPETITIVE PROCESS.—The Secretary ‘‘(I) has a locally developed process to so- way as for other projects under this section. licit and consider public comment before shall solicit grant applications and make ‘‘(2) APPROVAL OF APPLICATION.—The Sec- grants for eligible projects on a competitive raising a fare or carrying out a major reduc- retary may approve an application under basis. tion of transportation; paragraph (1) of this subsection only if an ‘‘(4) GEOGRAPHICALLY CONSTRAINED ‘‘(J)(i) will expend for each fiscal year for authorization for this section is in effect for AREAS.—Of the amounts made available to public transportation security projects, in- the fiscal year to which the application ap- carry out this subsection, $10,000,000 shall be cluding increased lighting in or adjacent to a plies. The Secretary may not approve an ap- for capital grants relating to passenger fer- public transportation system (including bus plication if the payment will be more than— ries in areas with limited or no access to stops, subway stations, parking lots, and ga- ‘‘(A) the recipient’s expected apportion- public transportation as a result of geo- rages), increased camera surveillance of an ment under section 5336 of this title if the graphical constraints.’’. area in or adjacent to that system, providing total amount authorized to be appropriated an emergency telephone line to contact law for the fiscal year to carry out this section SEC. 20009. CLEAN FUEL GRANT PROGRAM. Section 5308 of title 49, United States Code, enforcement or security personnel in an area is appropriated; less is amended to read as follows: in or adjacent to that system, and any other ‘‘(B) the maximum amount of the appor- project intended to increase the security and tionment that may be made available for ‘‘§ 5308. Clean fuel grant program safety of an existing or planned public trans- projects for operating expenses under this ‘‘(a) DEFINITIONS.—In this section, the fol- portation system, at least 1 percent of the section. lowing definitions shall apply: amount the recipient receives for each fiscal ‘‘(3) FINANCING COSTS.— ‘‘(1) CLEAN FUEL BUS.—The term ‘clean fuel year under section 5336 of this title; or ‘‘(A) IN GENERAL.—The cost of carrying out bus’ means a bus that is a clean fuel vehicle. ‘‘(ii) has decided that the expenditure for part of a project includes the amount of in- ‘‘(2) CLEAN FUEL VEHICLE.—The term ‘clean security projects is not necessary; terest earned and payable on bonds issued by fuel vehicle’ means a passenger vehicle used ‘‘(K) in the case of a recipient for an urban- the recipient to the extent proceeds of the to provide public transportation that the Ad- ized area with a population of not fewer than bonds are expended in carrying out the part. ministrator of the Environmental Protection 200,000 individuals, as determined by the Bu- ‘‘(B) LIMITATION ON THE AMOUNT OF INTER- Agency has certified sufficiently reduces en- reau of the Census— EST.—The amount of interest allowed under ergy consumption or reduces harmful emis- ‘‘(i) will expend not less than 1 percent of this paragraph may not be more than the sions, including direct carbon emissions, the amount the recipient receives each fiscal most favorable financing terms reasonably when compared to a comparable standard ve- year under this section for associated transit available for the project at the time of bor- hicle. improvements, as defined in section 5302; and rowing. ‘‘(3) DIRECT CARBON EMISSIONS.—The term ‘‘(ii) will submit an annual report listing ‘‘(C) CERTIFICATION.—The applicant shall ‘direct carbon emissions’ means the quantity projects carried out in the preceding fiscal certify, in a manner satisfactory to the Sec- of direct greenhouse gas emissions from a ve- year with those funds; and retary, that the applicant has shown reason- hicle, as determined by the Administrator of ‘‘(L) will comply with section 5329(d); and able diligence in seeking the most favorable the Environmental Protection Agency. ‘‘(2) the Secretary accepts the certifi- financing terms. ‘‘(4) ELIGIBLE AREA.—The term ‘eligible cation. ‘‘(g) REVIEWS, AUDITS, AND EVALUATIONS.— area’ means an area that is— ‘‘(e) GOVERNMENT SHARE OF COSTS.— ‘‘(1) ANNUAL REVIEW.— ‘‘(A) designated as a nonattainment area ‘‘(1) CAPITAL PROJECTS.—A grant for a cap- ‘‘(A) IN GENERAL.—At least annually, the for ozone or carbon monoxide under section ital project under this section shall be for 80 Secretary shall carry out, or require a recipi- 107(d) of the Clean Air Act (42 U.S.C. 7407(d)); percent of the net project cost of the project. ent to have carried out independently, re- or The recipient may provide additional local views and audits the Secretary considers ap- ‘‘(B) a maintenance area, as defined in sec- matching amounts. propriate to establish whether the recipient tion 5303, for ozone or carbon monoxide. ‘‘(2) OPERATING EXPENSES.—A grant for op- has carried out— ‘‘(5) ELIGIBLE PROJECT.—The term ‘eligible erating expenses under this section may not ‘‘(i) the activities proposed under sub- project’ means a project or program of exceed 50 percent of the net project cost of section (d) of this section in a timely and ef- projects in an eligible area for— the project. fective way and can continue to do so; and ‘‘(A) acquiring or leasing clean fuel vehi- ‘‘(3) REMAINING COSTS.—Subject to para- ‘‘(ii) those activities and its certifications cles; graph (4), the remainder of the net project and has used amounts of the Government in ‘‘(B) constructing or leasing facilities and costs shall be provided— the way required by law. related equipment for clean fuel vehicles;

VerDate Mar 15 2010 01:58 Mar 08, 2012 Jkt 099060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S17FE2.REC S17FE2 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S942 CONGRESSIONAL RECORD — SENATE February 17, 2012 ‘‘(C) constructing new public transpor- quality public transportation services that tise and other resources necessary to imple- tation facilities to accommodate clean fuel emulate the services provided by rail fixed ment a new project. vehicles; or guideway public transportation systems. ‘‘(4) RECIPIENT REQUIREMENTS.—A recipient ‘‘(D) rehabilitating or improving existing ‘‘(3) CORE CAPACITY IMPROVEMENT of a grant awarded under this section shall public transportation facilities to accommo- PROJECT.—The term ‘core capacity improve- be subject to all terms, conditions, require- date clean fuel vehicles. ment project’ means a substantial corridor- ments, and provisions that the Secretary de- ‘‘(6) RECIPIENT.—The term ‘recipient’ based capital investment in an existing fixed termines to be necessary or appropriate for means— guideway system that adds capacity and purposes of this section. ‘‘(A) for an eligible area that is an urban- functionality. ‘‘(d) NEW FIXED GUIDEWAY GRANTS.— ized area with a population of fewer than ‘‘(4) NEW FIXED GUIDEWAY CAPITAL ‘‘(1) PROJECT DEVELOPMENT PHASE.— 200,000 individuals, as determined by the Bu- PROJECT.—The term ‘new fixed guideway cap- ‘‘(A) ENTRANCE INTO PROJECT DEVELOPMENT reau of the Census, the State in which the el- ital project’ means— PHASE.—A new fixed guideway capital igible area is located; and ‘‘(A) a new fixed guideway project that is a project shall enter into the project develop- ‘‘(B) for an eligible area not described in minimum operable segment or extension to ment phase when— subparagraph (A), the designated recipient an existing fixed guideway system; or ‘‘(i) the applicant— for the eligible area. ‘‘(B) a bus rapid transit project that is a ‘‘(I) submits a letter to the Secretary de- ‘‘(b) AUTHORITY.—The Secretary may make minimum operable segment or an extension scribing the project and requesting entry grants to recipients to finance eligible to an existing bus rapid transit system. into the project development phase; and projects under this section. ‘‘(5) PROGRAM OF INTERRELATED ‘‘(II) initiates activities required to be car- ‘‘(c) GRANT REQUIREMENTS.— PROJECTS.—The term ‘program of inter- ried out under the National Environmental ‘‘(1) IN GENERAL.—A grant under this sec- related projects’ means the simultaneous de- Policy Act of 1969 (42 U.S.C. 4321 et seq.) with tion shall be subject to the requirements of velopment of— respect to the project; and section 5307. ‘‘(A) 2 or more new fixed guideway capital ‘‘(ii) the Secretary responds in writing to ‘‘(2) GOVERNMENT SHARE OF COSTS FOR CER- projects or core capacity improvement the applicant within 45 days whether the in- TAIN PROJECTS.—Section 5323(j) applies to projects; or formation provided is sufficient to enter into projects carried out under this section, un- ‘‘(B) 1 or more new fixed guideway capital the project development phase, including, less the grant recipient requests a lower projects and 1 or more core capacity im- when necessary, a detailed description of any grant percentage. provement projects. information deemed insufficient. ‘‘(B) ACTIVITIES DURING PROJECT DEVELOP- ‘‘(d) MINIMUM AMOUNTS.—Of amounts made ‘‘(b) GENERAL AUTHORITY.—The Secretary MENT PHASE.—Concurrent with the analysis available by or appropriated under section may make grants under this section to State 5338(a)(2)(D) in each fiscal year to carry out required to be made under the National En- and local governmental authorities to assist vironmental Policy Act of 1969 (42 U.S.C. 4321 this section— in financing— ‘‘(1) not less than 65 percent shall be made et seq.), each applicant shall develop suffi- ‘‘(1) new fixed guideway capital projects, cient information to enable the Secretary to available to fund eligible projects relating to including the acquisition of real property, clean fuel buses; and make findings of project justification, poli- the initial acquisition of rolling stock for cies and land use patterns that promote pub- ‘‘(2) not less than 10 percent shall be made the system, the acquisition of rights-of-way, available for eligible projects relating to fa- lic transportation, and local financial com- and relocation, for fixed guideway corridor mitment under this subsection. cilities and related equipment for clean fuel development for projects in the advanced buses. ‘‘(C) COMPLETION OF PROJECT DEVELOPMENT stages of project development or engineer- ACTIVITIES REQUIRED.— ‘‘(e) COMPETITIVE PROCESS.—The Secretary ing; and shall solicit grant applications and make ‘‘(i) IN GENERAL.—Not later than 2 years ‘‘(2) core capacity improvement projects, after the date on which a project enters into grants for eligible projects on a competitive including the acquisition of real property, basis. the project development phase, the applicant the acquisition of rights-of-way, double shall complete the activities required to ob- ‘‘(f) AVAILABILITY OF FUNDS.—Any amounts tracking, signalization improvements, elec- made available or appropriated to carry out tain a project rating under subsection (g)(2) trification, expanding system platforms, ac- and submit completed documentation to the this section— quisition of rolling stock, construction of ‘‘(1) shall remain available to an eligible Secretary. infill stations, and such other capacity im- ‘‘(ii) EXTENSION OF TIME.—Upon the request project for 2 years after the fiscal year for provement projects as the Secretary deter- of an applicant, the Secretary may extend which the amount is made available or ap- mines are appropriate. the time period under clause (i), if the appli- propriated; and ‘‘(c) GRANT REQUIREMENTS.— cant submits to the Secretary— ‘‘(2) that remain unobligated at the end of ‘‘(1) IN GENERAL.—The Secretary may make ‘‘(I) a reasonable plan for completing the the period described in paragraph (1) shall be a grant under this section for new fixed activities required under this paragraph; and added to the amount made available to an el- guideway capital projects or core capacity ‘‘(II) an estimated time period within igible project in the following fiscal year.’’. improvement projects, if the Secretary de- which the applicant will complete such ac- SEC. 20010. FIXED GUIDEWAY CAPITAL INVEST- termines that— tivities. MENT GRANTS. ‘‘(A) the project is part of an approved ‘‘(2) ENGINEERING PHASE.— (a) IN GENERAL.—Section 5309 of title 49, transportation plan required under sections ‘‘(A) IN GENERAL.—A new fixed guideway United States Code, is amended to read as 5303 and 5304; and capital project may advance to the engineer- follows: ‘‘(B) the applicant has, or will have— ing phase upon completion of activities re- ‘‘§ 5309. Fixed guideway capital investment ‘‘(i) the legal, financial, and technical ca- quired under the National Environmental grants pacity to carry out the project, including the Policy Act of 1969 (42 U.S.C. 4321 et seq.), as ‘‘(a) DEFINITIONS.—In this section, the fol- safety and security aspects of the project; demonstrated by a record of decision with re- lowing definitions shall apply: ‘‘(ii) satisfactory continuing control over spect to the project, a finding that the ‘‘(1) APPLICANT.—The term ‘applicant’ the use of the equipment or facilities; and project has no significant impact, or a deter- means a State or local governmental author- ‘‘(iii) the technical and financial capacity mination that the project is categorically ity that applies for a grant under this sec- to maintain new and existing equipment and excluded, only if the Secretary determines tion. facilities. that the project— ‘‘(2) BUS RAPID TRANSIT PROJECT.—The term ‘‘(2) CERTIFICATION.—An applicant that has ‘‘(i) is selected as the locally preferred al- ‘bus rapid transit project’ means a single submitted the certifications required under ternative at the completion of the process route bus capital project— subparagraphs (A), (B), (C), and (H) of section required under the National Environmental ‘‘(A) a majority of which operates in a sep- 5307(d)(1) shall be deemed to have provided Policy Act of 1969 (42 U.S.C. 4321 et seq.); arated right-of-way dedicated for public sufficient information upon which the Sec- ‘‘(ii) is adopted into the metropolitan transportation use during peak periods; retary may make the determinations re- transportation plan required under section ‘‘(B) that represents a substantial invest- quired under this subsection. 5303; ment in a single route in a defined corridor ‘‘(3) TECHNICAL CAPACITY.—The Secretary ‘‘(iii) is justified based on a comprehensive or subarea; and shall use an expedited technical capacity re- review of the project’s mobility improve- ‘‘(C) that includes features that emulate view process for applicants that have re- ments, environmental benefits, and cost-ef- the services provided by rail fixed guideway cently and successfully completed at least 1 fectiveness, as measured by cost per rider; public transportation systems, including— new bus rapid transit project, new fixed ‘‘(iv) is supported by policies and land use ‘‘(i) defined stations; guideway capital project, or core capacity patterns that promote public transportation, ‘‘(ii) traffic signal priority for public trans- improvement project, if— including plans for future land use and re- portation vehicles; ‘‘(A) the applicant achieved budget, cost, zoning, and economic development around ‘‘(iii) short headway bidirectional services and ridership outcomes for the project that public transportation stations; and for a substantial part of weekdays and week- are consistent with or better than projec- ‘‘(v) is supported by an acceptable degree end days; and tions; and of local financial commitment (including ‘‘(iv) any other features the Secretary may ‘‘(B) the applicant demonstrates that the evidence of stable and dependable financing determine are necessary to produce high- applicant continues to have the staff exper- sources), as required under subsection (f).

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‘‘(B) DETERMINATION THAT PROJECT IS JUSTI- ‘‘(v) is supported by an acceptable degree cies and land use patterns that support pub- FIED.—In making a determination under sub- of local financial commitment (including lic transportation, and the degree of local fi- paragraph (A)(iii), the Secretary shall evalu- evidence of stable and dependable financing nancial commitment; and ate, analyze, and consider— sources), as required under subsection (f). ‘‘(ii) in the case of a core capacity im- ‘‘(i) the reliability of the forecasting meth- ‘‘(B) DETERMINATION THAT PROJECT IS JUSTI- provement project, the capacity needs of the ods used to estimate costs and utilization FIED.—In making a determination under sub- corridor, the project justification criteria made by the recipient and the contractors to paragraph (A)(iv), the Secretary shall evalu- under subsection (e)(2)(A)(iv), and the degree the recipient; and ate, analyze, and consider— of local financial commitment. ‘‘(ii) population density and current public ‘‘(i) the reliability of the forecasting meth- ‘‘(B) INDIVIDUAL RATINGS FOR EACH CRI- transportation ridership in the transpor- ods used to estimate costs and utilization TERION.—In rating a project under this para- tation corridor. made by the recipient and the contractors to graph, the Secretary shall— the recipient; ‘‘(e) CORE CAPACITY IMPROVEMENT ‘‘(i) provide, in addition to the overall ‘‘(ii) whether the project will adequately PROJECTS.— project rating under subparagraph (A), indi- address the capacity concerns in a corridor; ‘‘(1) PROJECT DEVELOPMENT PHASE.— vidual ratings for each of the criteria estab- ‘‘(iii) whether the project will improve ‘‘(A) ENTRANCE INTO PROJECT DEVELOPMENT lished under subsection (d)(2)(A)(iii) or interconnectivity among existing systems; PHASE.—A core capacity improvement (e)(2)(A)(iv), as applicable; and and project shall be deemed to have entered into ‘‘(ii) give comparable, but not necessarily ‘‘(iv) whether the project will improve en- the project development phase if— equal, numerical weight to each of the cri- vironmental outcomes. ‘‘(i) the applicant— teria established under subsections ‘‘(f) FINANCING SOURCES.— ‘‘(I) submits a letter to the Secretary de- (d)(2)(A)(iii) or (e)(2)(A)(iv), as applicable, in ‘‘(1) REQUIREMENTS.—In determining scribing the project and requesting entry whether a project is supported by an accept- calculating the overall project rating under into the project development phase; and able degree of local financial commitment clause (i). ‘‘(II) initiates activities required to be car- and shows evidence of stable and dependable ‘‘(C) MEDIUM RATING NOT REQUIRED.—The ried out under the National Environmental financing sources for purposes of subsection Secretary shall not require that any single Policy Act of 1969 (42 U.S.C. 4321 et seq.) with (d)(2)(A)(v) or (e)(2)(A)(v), the Secretary shall project justification criterion meet or exceed respect to the project; and require that— a ‘medium’ rating in order to advance the ‘‘(ii) the Secretary responds in writing to ‘‘(A) the proposed project plan provides for project from one phase to another. the applicant within 45 days whether the in- the availability of contingency amounts that ‘‘(3) WARRANTS.—The Secretary shall, to formation provided is sufficient to enter into the Secretary determines to be reasonable to the maximum extent practicable, develop the project development phase, including cover unanticipated cost increases or fund- and use special warrants for making a when necessary a detailed description of any ing shortfalls; project justification determination under information deemed insufficient. ‘‘(B) each proposed local source of capital subsection (d)(2) or (e)(2), as applicable, for a ‘‘(B) ACTIVITIES DURING PROJECT DEVELOP- and operating financing is stable, reliable, project proposed to be funded using a grant MENT PHASE.—Concurrent with the analysis and available within the proposed project under this section, if— required to be made under the National En- timetable; and ‘‘(A) the share of the cost of the project to vironmental Policy Act of 1969 (42 U.S.C. 4321 ‘‘(C) local resources are available to recapi- be provided under this section does not ex- et seq.), each applicant shall develop suffi- talize, maintain, and operate the overall ex- ceed— cient information to enable the Secretary to isting and proposed public transportation ‘‘(i) $100,000,000; or make findings of project justification and system, including essential feeder bus and ‘‘(ii) 50 percent of the total cost of the local financial commitment under this sub- other services necessary to achieve the pro- project; section. jected ridership levels without requiring a ‘‘(B) the applicant requests the use of the ‘‘(C) COMPLETION OF PROJECT DEVELOPMENT reduction in existing public transportation warrants; ACTIVITIES REQUIRED.— services or level of service to operate the ‘‘(C) the applicant certifies that its exist- ‘‘(i) IN GENERAL.—Not later than 2 years project. ing public transportation system is in a after the date on which a project enters into ‘‘(2) CONSIDERATIONS.—In assessing the sta- state of good repair; and the project development phase, the applicant bility, reliability, and availability of pro- ‘‘(D) the applicant meets any other re- shall complete the activities required to ob- posed sources of local financing for purposes quirements that the Secretary considers ap- tain a project rating under subsection (g)(2) of subsection (d)(2)(A)(v) or (e)(2)(A)(v), the propriate to carry out this subsection. and submit completed documentation to the Secretary shall consider— ‘‘(4) LETTERS OF INTENT AND EARLY SYSTEMS Secretary. ‘‘(A) the reliability of the forecasting WORK AGREEMENTS.—In order to expedite a ‘‘(ii) EXTENSION OF TIME.—Upon the request methods used to estimate costs and revenues project under this subsection, the Secretary of an applicant, the Secretary may extend made by the recipient and the contractors to shall, to the maximum extent practicable, the time period under clause (i), if the appli- the recipient; issue letters of intent and enter into early cant submits to the Secretary— ‘‘(B) existing grant commitments; systems work agreements upon issuance of a ‘‘(I) a reasonable plan for completing the ‘‘(C) the degree to which financing sources record of decision for projects that receive activities required under this paragraph; and are dedicated to the proposed purposes; an overall project rating of medium or bet- ‘‘(II) an estimated time period within ‘‘(D) any debt obligation that exists, or is ter. which the applicant will complete such ac- proposed by the recipient, for the proposed ‘‘(5) POLICY GUIDANCE.—The Secretary shall tivities. project or other public transportation pur- issue policy guidance regarding the review ‘‘(2) ENGINEERING PHASE.— pose; and and evaluation process and criteria— ‘‘(A) IN GENERAL.—A core capacity im- ‘‘(E) the extent to which the project has a ‘‘(A) not later than 180 days after the date provement project may advance into the en- local financial commitment that exceeds the of enactment of the Federal Public Transpor- gineering phase upon completion of activi- required non-Government share of the cost tation Act of 2012; and ties required under the National Environ- of the project. ‘‘(B) each time the Secretary makes sig- mental Policy Act of 1969 (42 U.S.C. 4321 et ‘‘(g) PROJECT ADVANCEMENT AND RATINGS.— nificant changes to the process and criteria, seq.), as demonstrated by a record of decision ‘‘(1) PROJECT ADVANCEMENT.—A new fixed but not less frequently than once every 2 with respect to the project, a finding that guideway capital project or core capacity years. the project has no significant impact, or a improvement project proposed to be carried ‘‘(6) RULES.—Not later than 1 year after determination that the project is categori- out using a grant under this section may not the date of enactment of the Federal Public cally excluded, only if the Secretary deter- advance from the project development phase Transportation Act of 2012, the Secretary mines that the project— to the engineering phase, or from the engi- shall issue rules establishing an evaluation ‘‘(i) is selected as the locally preferred al- neering phase to the construction phase, un- and rating process for— ternative at the completion of the process less the Secretary determines that— ‘‘(A) new fixed guideway capital projects required under the National Environmental ‘‘(A) the project meets the applicable re- that is based on the results of project jus- Policy Act of 1969; quirements under this section; and tification, policies and land use patterns ‘‘(ii) is adopted into the metropolitan ‘‘(B) there is a reasonable likelihood that that promote public transportation, and transportation plan required under section the project will continue to meet the re- local financial commitment, as required 5303; quirements under this section. under this subsection; and ‘‘(iii) is in a corridor that is— ‘‘(2) RATINGS.— ‘‘(B) core capacity improvement projects ‘‘(I) at or over capacity; or ‘‘(A) OVERALL RATING.—In making a deter- that is based on the results of the capacity ‘‘(II) projected to be at or over capacity mination under paragraph (1), the Secretary needs of the corridor, project justification, within the next 5 years; shall evaluate and rate a project as a whole and local financial commitment. ‘‘(iv) is justified based on a comprehensive on a 5-point scale (high, medium-high, me- ‘‘(7) APPLICABILITY.—This subsection shall review of the project’s mobility improve- dium, medium-low, or low) based on— not apply to a project for which the Sec- ments, environmental benefits, and cost-ef- ‘‘(i) in the case of a new fixed guideway retary issued a letter of intent, entered into fectiveness, as measured by cost per rider; capital project, the project justification cri- a full funding grant agreement, or entered and teria under subsection (d)(2)(A)(iii), the poli- into a project construction agreement before

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the date of enactment of the Federal Public ‘‘(B) EXTENSION OF TIME.—If a program of ment project shall be carried out through a Transportation Act of 2012. interrelated projects is not adhering to its full funding grant agreement. ‘‘(h) PROGRAMS OF INTERRELATED schedule, the Secretary may, upon the re- ‘‘(B) CRITERIA.—The Secretary shall enter PROJECTS.— quest of the applicant, grant an extension of into a full funding grant agreement, based on ‘‘(1) PROJECT DEVELOPMENT PHASE.—A fed- time if the applicant submits a reasonable the evaluations and ratings required under erally funded project in a program of inter- plan that includes— subsection (d), (e), or (h), as applicable, with related projects shall advance through ‘‘(i) evidence of continued adequate fund- each grantee receiving assistance for a new project development as provided in sub- ing; and fixed guideway capital project or core capac- section (d) or (e), as applicable. ‘‘(ii) an estimated time frame for com- ity improvement project that has been rated ‘‘(2) ENGINEERING PHASE.—A federally fund- pleting the program of interrelated projects. as high, medium-high, or medium, in accord- ed project in a program of interrelated ‘‘(C) SATISFACTORY PROGRESS REQUIRED.—If ance with subsection (g)(2)(A) or (h)(3)(B), as projects may advance into the engineering the Secretary determines that a program of applicable. phase upon completion of activities required interrelated projects is not making satisfac- ‘‘(C) TERMS.—A full funding grant agree- under the National Environmental Policy tory progress, no Federal funds shall be pro- ment shall— Act of 1969 (42 U.S.C. 4321 et seq.), as dem- vided for a project within the program of ‘‘(i) establish the terms of participation by onstrated by a record of decision with re- interrelated projects. the Government in a new fixed guideway spect to the project, a finding that the ‘‘(5) FAILURE TO CARRY OUT PROGRAM OF capital project or core capacity improve- project has no significant impact, or a deter- INTERRELATED PROJECTS.— ment project; mination that the project is categorically ‘‘(A) REPAYMENT REQUIRED.—If an appli- ‘‘(ii) establish the maximum amount of excluded, only if the Secretary determines cant does not carry out the program of inter- Federal financial assistance for the project; that— related projects within a reasonable time, ‘‘(iii) include the period of time for com- ‘‘(A) the project is selected as the locally for reasons within the control of the appli- pleting the project, even if that period ex- preferred alternative at the completion of cant, the applicant shall repay all Federal tends beyond the period of an authorization; the process required under the National En- funds provided for the program, and any rea- and vironmental Policy Act of 1969; sonable interest and penalty charges that ‘‘(iv) make timely and efficient manage- ‘‘(B) the project is adopted into the metro- the Secretary may establish. ment of the project easier according to the politan transportation plan required under ‘‘(B) CREDITING OF FUNDS RECEIVED.—Any law of the United States. section 5303; funds received by the Government under this ‘‘(D) SPECIAL FINANCIAL RULES.— ‘‘(C) the program of interrelated projects paragraph, other than interest and penalty ‘‘(i) IN GENERAL.—A full funding grant involves projects that have a logical charges, shall be credited to the appropria- agreement under this paragraph obligates an connectivity to one another; tion account from which the funds were amount of available budget authority speci- ‘‘(D) the program of interrelated projects, originally derived. fied in law and may include a commitment, when evaluated as a whole, meets the re- contingent on amounts to be specified in law ‘‘(6) NON-FEDERAL FUNDS.—Any non-Fed- quirements of subsection (d)(2) or (e)(2), as eral funds committed to a project in a pro- in advance for commitments under this para- applicable; gram of interrelated projects may be used to graph, to obligate an additional amount ‘‘(E) the program of interrelated projects is meet a non-Government share requirement from future available budget authority spec- supported by a program implementation plan ified in law. for any other project in the program of inter- demonstrating that construction will begin ‘‘(ii) STATEMENT OF CONTINGENT COMMIT- related projects, if the Government share of on each of the projects in the program of MENT.—The agreement shall state that the the cost of each project within the program interrelated projects within a reasonable contingent commitment is not an obligation of interrelated projects does not exceed 80 time frame; and of the Government. percent. ‘‘(F) the program of interrelated projects is ‘‘(iii) INTEREST AND OTHER FINANCING ‘‘(7) PRIORITY.—In making grants under supported by an acceptable degree of local fi- COSTS.—Interest and other financing costs of this section, the Secretary may give priority nancial commitment, as described in sub- efficiently carrying out a part of the project to programs of interrelated projects for section (f). within a reasonable time are a cost of car- which the non-Government share of the cost ‘‘(3) PROJECT ADVANCEMENT AND RATINGS.— rying out the project under a full funding of the projects included in the programs of ‘‘(A) PROJECT ADVANCEMENT.—A project re- grant agreement, except that eligible costs ceiving a grant under this section that is interrelated projects exceeds the non-Gov- may not be more than the cost of the most part of a program of interrelated projects ernment share required under subsection (k). favorable financing terms reasonably avail- may not advance from the project develop- ‘‘(8) NON-GOVERNMENT PROJECTS.—Including able for the project at the time of borrowing. ment phase to the engineering phase, or from a project not financed by the Government in The applicant shall certify, in a way satis- the engineering phase to the construction a program of interrelated projects does not factory to the Secretary, that the applicant phase, unless the Secretary determines that impose Government requirements that would has shown reasonable diligence in seeking the program of interrelated projects meets not otherwise apply to the project. the most favorable financing terms. the applicable requirements of this section ‘‘(i) PREVIOUSLY ISSUED LETTER OF INTENT ‘‘(iv) COMPLETION OF OPERABLE SEGMENT.— and there is a reasonable likelihood that the OR FULL FUNDING GRANT AGREEMENT.—Sub- The amount stipulated in an agreement program will continue to meet such require- sections (d) and (e) shall not apply to under this paragraph for a new fixed guide- ments. projects for which the Secretary has issued a way capital project shall be sufficient to ‘‘(B) RATINGS.— letter of intent, entered into a full funding complete at least an operable segment. ‘‘(i) OVERALL RATING.—In making a deter- grant agreement, or entered into a project ‘‘(E) BEFORE AND AFTER STUDY.— mination under subparagraph (A), the Sec- construction grant agreement before the ‘‘(i) IN GENERAL.—A full funding grant retary shall evaluate and rate a program of date of enactment of the Federal Public agreement under this paragraph shall re- interrelated projects on a 5-point scale (high, Transportation Act of 2012. quire the applicant to conduct a study that— medium-high, medium, medium-low, or low) ‘‘(j) LETTERS OF INTENT, FULL FUNDING ‘‘(I) describes and analyzes the impacts of based on the criteria described in paragraph GRANT AGREEMENTS, AND EARLY SYSTEMS the new fixed guideway capital project or (2). WORK AGREEMENTS.— core capacity improvement project on public ‘‘(ii) INDIVIDUAL RATING FOR EACH CRI- ‘‘(1) LETTERS OF INTENT.— transportation services and public transpor- TERION.—In rating a program of interrelated ‘‘(A) AMOUNTS INTENDED TO BE OBLIGATED.— tation ridership; projects, the Secretary shall provide, in ad- The Secretary may issue a letter of intent to ‘‘(II) evaluates the consistency of predicted dition to the overall program rating, indi- an applicant announcing an intention to ob- and actual project characteristics and per- vidual ratings for each of the criteria de- ligate, for a new fixed guideway capital formance; and scribed in paragraph (2) and shall give com- project or core capacity improvement ‘‘(III) identifies reasons for differences be- parable, but not necessarily equal, numerical project, an amount from future available tween predicted and actual outcomes. weight to each such criterion in calculating budget authority specified in law that is not ‘‘(ii) INFORMATION COLLECTION AND ANAL- the overall program rating. more than the amount stipulated as the fi- YSIS PLAN.— ‘‘(iii) MEDIUM RATING NOT REQUIRED.—The nancial participation of the Secretary in the ‘‘(I) SUBMISSION OF PLAN.—Applicants seek- Secretary shall not require that any single project. When a letter is issued for a capital ing a full funding grant agreement under criterion described in paragraph (2) meet or project under this section, the amount shall this paragraph shall submit a complete plan exceed a ‘medium’ rating in order to advance be sufficient to complete at least an operable for the collection and analysis of informa- the program of interrelated projects from segment. tion to identify the impacts of the new fixed one phase to another. ‘‘(B) TREATMENT.—The issuance of a letter guideway capital project or core capacity ‘‘(4) ANNUAL REVIEW.— under subparagraph (A) is deemed not to be improvement project and the accuracy of the ‘‘(A) REVIEW REQUIRED.—The Secretary an obligation under sections 1108(c), 1501, and forecasts prepared during the development of shall annually review the program imple- 1502(a) of title 31, United States Code, or an the project. Preparation of this plan shall be mentation plan required under paragraph administrative commitment. included in the full funding grant agreement (2)(E) to determine whether the program of ‘‘(2) FULL FUNDING GRANT AGREEMENTS.— as an eligible activity. interrelated projects is adhering to its sched- ‘‘(A) IN GENERAL.—A new fixed guideway ‘‘(II) CONTENTS OF PLAN.—The plan sub- ule. capital project or core capacity improve- mitted under subclause (I) shall provide for—

VerDate Mar 15 2010 01:58 Mar 08, 2012 Jkt 099060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S17FE2.REC S17FE2 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 17, 2012 CONGRESSIONAL RECORD — SENATE S945 ‘‘(aa) collection of data on the current pub- able interest and penalty charges allowable to a fixed guideway system may include the lic transportation system regarding public by law or established by the Secretary in the cost of rolling stock previously purchased if transportation service levels and ridership early systems work agreement. the applicant satisfies the Secretary that patterns, including origins and destinations, ‘‘(vi) CREDITING OF FUNDS RECEIVED.—Any only amounts other than amounts provided access modes, trip purposes, and rider char- funds received by the Government under this by the Government were used and that the acteristics; paragraph, other than interest and penalty purchase was made for use on the extension. ‘‘(bb) documentation of the predicted charges, shall be credited to the appropria- A refund or reduction of the remainder may scope, service levels, capital costs, operating tion account from which the funds were be made only if a refund of a proportional costs, and ridership of the project; originally derived. amount of the grant of the Government is ‘‘(cc) collection of data on the public trans- ‘‘(4) LIMITATION ON AMOUNTS.— made at the same time. portation system 2 years after the opening of ‘‘(A) IN GENERAL.—The Secretary may ‘‘(7) LIMITATION ON APPLICABILITY.—This a new fixed guideway capital project or core enter into full funding grant agreements subsection shall not apply to projects for capacity improvement project, including under this subsection for new fixed guideway which the Secretary entered into a full fund- analogous information on public transpor- capital projects and core capacity improve- ing grant agreement before the date of en- tation service levels and ridership patterns ment projects that contain contingent com- actment of the Federal Public Transpor- and information on the as-built scope, cap- mitments to incur obligations in such tation Act of 2012. ital, and financing costs of the project; and amounts as the Secretary determines are ap- ‘‘(l) UNDERTAKING PROJECTS IN ADVANCE.— ‘‘(dd) analysis of the consistency of pre- propriate. ‘‘(1) IN GENERAL.—The Secretary may pay dicted project characteristics with actual ‘‘(B) APPROPRIATION REQUIRED.—An obliga- the Government share of the net capital outcomes. tion may be made under this subsection only project cost to a State or local governmental ‘‘(F) COLLECTION OF DATA ON CURRENT SYS- when amounts are appropriated for the obli- authority that carries out any part of a TEM.—To be eligible for a full funding grant gation. project described in this section without the agreement under this paragraph, recipients ‘‘(5) NOTIFICATION TO CONGRESS.—At least aid of amounts of the Government and ac- shall have collected data on the current sys- 30 days before issuing a letter of intent, en- cording to all applicable procedures and re- tem, according to the plan required under tering into a full funding grant agreement, quirements if— subparagraph (E)(ii), before the beginning of or entering into an early systems work ‘‘(A) the State or local governmental au- construction of the proposed new fixed guide- agreement under this section, the Secretary thority applies for the payment; way capital project or core capacity im- shall notify, in writing, the Committee on ‘‘(B) the Secretary approves the payment; provement project. Collection of this data Banking, Housing, and Urban Affairs and the and shall be included in the full funding grant Committee on Appropriations of the Senate ‘‘(C) before the State or local govern- agreement as an eligible activity. and the Committee on Transportation and mental authority carries out the part of the ‘‘(3) EARLY SYSTEMS WORK AGREEMENTS.— Infrastructure and the Committee on Appro- project, the Secretary approves the plans ‘‘(A) CONDITIONS.—The Secretary may priations of the House of Representatives of and specifications for the part in the same enter into an early systems work agreement the proposed letter or agreement. The Sec- way as other projects under this section. with an applicant if a record of decision retary shall include with the notification a ‘‘(2) FINANCING COSTS.— under the National Environmental Policy copy of the proposed letter or agreement as ‘‘(A) IN GENERAL.—The cost of carrying out Act of 1969 (42 U.S.C. 4321 et seq.) has been well as the evaluations and ratings for the part of a project includes the amount of in- issued on the project and the Secretary finds project. terest earned and payable on bonds issued by there is reason to believe— ‘‘(k) GOVERNMENT SHARE OF NET CAPITAL the State or local governmental authority to ‘‘(i) a full funding grant agreement for the PROJECT COST.— project will be made; and ‘‘(1) IN GENERAL.—Based on engineering the extent proceeds of the bonds are ex- ‘‘(ii) the terms of the work agreement will studies, studies of economic feasibility, and pended in carrying out the part. promote ultimate completion of the project information on the expected use of equip- ‘‘(B) LIMITATION ON AMOUNT OF INTEREST.— more rapidly and at less cost. ment or facilities, the Secretary shall esti- The amount of interest under this paragraph ‘‘(B) CONTENTS.— mate the net capital project cost. A grant for may not be more than the most favorable in- ‘‘(i) IN GENERAL.—An early systems work the project shall not exceed 80 percent of the terest terms reasonably available for the agreement under this paragraph obligates net capital project cost. project at the time of borrowing. budget authority available under this chap- ‘‘(2) ADJUSTMENT FOR COMPLETION UNDER ‘‘(C) CERTIFICATION.—The applicant shall ter and title 23 and shall provide for reim- BUDGET.—The Secretary may adjust the final certify, in a manner satisfactory to the Sec- bursement of preliminary costs of carrying net capital project cost of a new fixed guide- retary, that the applicant has shown reason- out the project, including land acquisition, way capital project or core capacity im- able diligence in seeking the most favorable timely procurement of system elements for provement project evaluated under sub- financing terms. which specifications are decided, and other section (d), (e), or (h) to include the cost of ‘‘(m) AVAILABILITY OF AMOUNTS.— activities the Secretary decides are appro- eligible activities not included in the origi- ‘‘(1) IN GENERAL.—An amount made avail- priate to make efficient, long-term project nally defined project if the Secretary deter- able or appropriated for a new fixed guide- management easier. mines that the originally defined project has way capital project or core capacity im- ‘‘(ii) CONTINGENT COMMITMENT.—An early been completed at a cost that is significantly provement project shall remain available to systems work agreement may include a com- below the original estimate. that project for 5 fiscal years, including the mitment, contingent on amounts to be speci- ‘‘(3) MAXIMUM GOVERNMENT SHARE.—The fiscal year in which the amount is made fied in law in advance for commitments Secretary may provide a higher grant per- available or appropriated. Any amounts that under this paragraph, to obligate an addi- centage than requested by the grant recipi- are unobligated to the project at the end of tional amount from future available budget ent if— the 5-fiscal-year period may be used by the authority specified in law. ‘‘(A) the Secretary determines that the net Secretary for any purpose under this section. ‘‘(iii) PERIOD COVERED.—An early systems capital project cost of the project is not ‘‘(2) USE OF DEOBLIGATED AMOUNTS.—An work agreement under this paragraph shall more than 10 percent higher than the net amount available under this section that is cover the period of time the Secretary con- capital project cost estimated at the time deobligated may be used for any purpose siders appropriate. The period may extend the project was approved for advancement under this section. beyond the period of current authorization. into the engineering phase; and ‘‘(n) REPORTS ON NEW FIXED GUIDEWAY AND ‘‘(iv) INTEREST AND OTHER FINANCING ‘‘(B) the ridership estimated for the project CORE CAPACITY IMPROVEMENT PROJECTS.— COSTS.—Interest and other financing costs of is not less than 90 percent of the ridership es- ‘‘(1) ANNUAL REPORT ON FUNDING REC- efficiently carrying out the early systems timated for the project at the time the OMMENDATIONS.—Not later than the first work agreement within a reasonable time project was approved for advancement into Monday in February of each year, the Sec- are a cost of carrying out the agreement, ex- the engineering phase. retary shall submit to the Committee on cept that eligible costs may not be more ‘‘(4) REMAINDER OF NET CAPITAL PROJECT Banking, Housing, and Urban Affairs and the than the cost of the most favorable financing COST.—The remainder of the net capital Committee on Appropriations of the Senate terms reasonably available for the project at project cost shall be provided from an undis- and the Committee on Transportation and the time of borrowing. The applicant shall tributed cash surplus, a replacement or de- Infrastructure and the Committee on Appro- certify, in a way satisfactory to the Sec- preciation cash fund or reserve, or new cap- priations of the House of Representatives a retary, that the applicant has shown reason- ital. report that includes— able diligence in seeking the most favorable ‘‘(5) LIMITATION ON STATUTORY CONSTRUC- ‘‘(A) a proposal of allocations of amounts financing terms. TION.—Nothing in this section shall be con- to be available to finance grants for projects ‘‘(v) FAILURE TO CARRY OUT PROJECT.—If an strued as authorizing the Secretary to re- under this section among applicants for applicant does not carry out the project for quire a non-Federal financial commitment these amounts; reasons within the control of the applicant, for a project that is more than 20 percent of ‘‘(B) evaluations and ratings, as required the applicant shall repay all Federal grant the net capital project cost. under subsections (d), (e), and (h), for each funds awarded for the project from all Fed- ‘‘(6) SPECIAL RULE FOR ROLLING STOCK such project that is in project development, eral funding sources, for all project activi- COSTS.—In addition to amounts allowed pur- engineering, or has received a full funding ties, facilities, and equipment, plus reason- suant to paragraph (1), a planned extension grant agreement; and

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‘‘(C) recommendations of such projects for (A) the recipient has completed planning ‘‘(A) IN GENERAL.—A recipient may use not funding based on the evaluations and ratings and the activities required under the Na- more than 10 percent of the amounts appor- and on existing commitments and antici- tional Environmental Policy Act of 1969 (42 tioned to the recipient under this section to pated funding levels for the next 3 fiscal U.S.C. 4321 et seq.); and administer, plan, and provide technical as- years based on information currently avail- (B) the recipient has the necessary legal, sistance for a project funded under this sec- able to the Secretary. financial, and technical capacity to carry tion. ‘‘(2) REPORTS ON BEFORE AND AFTER STUD- out the eligible project. ‘‘(B) GOVERNMENT SHARE OF COSTS.—The IES.—Not later than the first Monday in Au- (7) BEFORE AND AFTER STUDY AND REPORT.— Government share of the costs of admin- gust of each year, the Secretary shall submit (A) STUDY REQUIRED.—A full funding grant istering a program carried out using funds to the committees described in paragraph (1) agreement under this paragraph shall re- under this section shall be 100 percent. a report containing a summary of the results quire a recipient to conduct a study that— ‘‘(4) ELIGIBLE CAPITAL EXPENSES.—The ac- of any studies conducted under subsection (i) describes and analyzes the impacts of quisition of public transportation services is (j)(2)(E). the eligible project on public transportation an eligible capital expense under this sec- ‘‘(3) ANNUAL GAO REVIEW.—The Comptroller services and public transportation ridership; tion. General of the United States shall— (ii) describes and analyzes the consistency ‘‘(5) COORDINATION.— ‘‘(A) conduct an annual review of— of predicted and actual benefits and costs of ‘‘(A) DEPARTMENT OF TRANSPORTATION.—To ‘‘(i) the processes and procedures for evalu- the innovative project development and de- the maximum extent feasible, the Secretary ating, rating, and recommending new fixed livery methods or innovative financing for shall coordinate activities under this section guideway capital projects and core capacity the eligible project; and with related activities under other Federal improvement projects; and (iii) identifies reasons for any differences departments and agencies. ‘‘(ii) the Secretary’s implementation of between predicted and actual outcomes for ‘‘(B) OTHER FEDERAL AGENCIES AND NON- such processes and procedures; and the eligible project. PROFIT ORGANIZATIONS.—A State or local gov- ‘‘(B) report to Congress on the results of (B) SUBMISSION OF REPORT.—Not later than ernmental authority or nonprofit organiza- such review by May 31 of each year.’’. 9 months after an eligible project selected to tion that receives assistance from Govern- (b) PILOT PROGRAM FOR EXPEDITED PROJECT participate in the program begins revenue ment sources (other than the Department of DELIVERY.— operations, the recipient shall submit to the Transportation) for nonemergency transpor- (1) DEFINITIONS.—In this subsection the fol- Secretary a report on the results of the tation services shall— lowing definitions shall apply: study under subparagraph (A). ‘‘(i) participate and coordinate with recipi- (A) ELIGIBLE PROJECT.—The term ‘‘eligible ents of assistance under this chapter in the project’’ means a new fixed guideway capital SEC. 20011. FORMULA GRANTS FOR THE EN- HANCED MOBILITY OF SENIORS AND design and delivery of transportation serv- project or a core capacity improvement INDIVIDUALS WITH DISABILITIES. ices; and project, as those terms are defined in section Section 5310 of title 49, United States Code, ‘‘(ii) participate in the planning for the 5309 of title 49, United States Code, as is amended to read as follows: transportation services described in clause amended by this section, that has not en- (i). ‘‘§ 5310. Formula grants for the enhanced mo- tered into a full funding grant agreement ‘‘(6) PROGRAM OF PROJECTS.— bility of seniors and individuals with dis- with the Federal Transit Administration be- ‘‘(A) IN GENERAL.—Amounts made avail- fore the date of enactment of the Federal abilities able to carry out this section may be used Public Transportation Act of 2012. ‘‘(a) DEFINITIONS.—In this section, the fol- for transportation projects to assist in pro- (B) PROGRAM.—The term ‘‘program’’ means lowing definitions shall apply: viding transportation services for seniors the pilot program for expedited project deliv- ‘‘(1) RECIPIENT.—The term ‘recipient’ and individuals with disabilities, if such ery established under this subsection. means a designated recipient or a State that transportation projects are included in a pro- (C) RECIPIENT.—The term ‘‘recipient’’ receives a grant under this section directly. gram of projects. means a recipient of funding under chapter ‘‘(2) SUBRECIPIENT.—The term ‘sub- ‘‘(B) SUBMISSION.—A recipient shall annu- 53 of title 49, United States Code. recipient’ means a State or local govern- ally submit a program of projects to the Sec- (D) SECRETARY.—The term ‘‘Secretary’’ mental authority, nonprofit organization, or retary. means the Secretary of Transportation. operator of public transportation that re- ‘‘(C) ASSURANCE.—The program of projects (2) ESTABLISHMENT.—The Secretary shall ceives a grant under this section indirectly submitted under subparagraph (B) shall con- establish and implement a pilot program to through a recipient. tain an assurance that the program provides demonstrate whether innovative project de- ‘‘(b) GENERAL AUTHORITY.— for the maximum feasible coordination of velopment and delivery methods or innova- ‘‘(1) GRANTS.—The Secretary may make transportation services assisted under this tive financing arrangements can expedite grants under this section to recipients for— section with transportation services assisted project delivery for certain meritorious new ‘‘(A) public transportation capital projects by other Government sources. fixed guideway capital projects and core ca- planned, designed, and carried out to meet ‘‘(7) MEAL DELIVERY FOR HOMEBOUND INDI- pacity improvement projects. the special needs of seniors and individuals VIDUALS.—A public transportation service (3) LIMITATION ON NUMBER OF PROJECTS.— with disabilities when public transportation provider that receives assistance under this The Secretary shall select 3 eligible projects is insufficient, inappropriate, or unavailable; section or section 5311(c) may coordinate and to participate in the program, of which— ‘‘(B) public transportation projects that assist in regularly providing meal delivery (A) at least 1 shall be an eligible project re- exceed the requirements of the Americans service for homebound individuals, if the de- questing more than $100,000,000 in Federal fi- with Disabilities Act of 1990 (42 U.S.C. 12101 livery service does not conflict with pro- nancial assistance under section 5309 of title et seq.); viding public transportation service or re- 49, United States Code; and ‘‘(C) public transportation projects that duce service to public transportation pas- (B) at least 1 shall be an eligible project re- improve access to fixed route service and de- sengers. questing less than $100,000,000 in Federal fi- crease reliance by individuals with disabil- ‘‘(c) APPORTIONMENT AND TRANSFERS.— nancial assistance under section 5309 of title ities on complementary paratransit; and ‘‘(1) FORMULA.—The Secretary shall appor- 49, United States Code. ‘‘(D) alternatives to public transportation tion amounts made available to carry out (4) GOVERNMENT SHARE.—The Government that assist seniors and individuals with dis- this section as follows: share of the total cost of an eligible project abilities with transportation. ‘‘(A) LARGE URBANIZED AREAS.—Sixty per- that participates in the program may not ex- ‘‘(2) LIMITATIONS FOR CAPITAL PROJECTS.— cent of the funds shall be apportioned among ceed 50 percent. ‘‘(A) AMOUNT AVAILABLE.—The amount designated recipients for urbanized areas (5) ELIGIBILITY.—A recipient that desires to available for capital projects under para- with a population of 200,000 or more individ- participate in the program shall submit to graph (1)(A) shall be not less than 55 percent uals, as determined by the Bureau of the the Secretary an application that contains, of the funds apportioned to the recipient Census, in the ratio that— at a minimum— under this section. ‘‘(i) the number of seniors and individuals (A) identification of an eligible project; ‘‘(B) ALLOCATION TO SUBRECIPIENTS.—A re- with disabilities in each such urbanized area; (B) a schedule and finance plan for the con- cipient of a grant under paragraph (1)(A) bears to struction and operation of the eligible may allocate the amounts provided under ‘‘(ii) the number of seniors and individuals project; the grant to— with disabilities in all such urbanized areas. (C) an analysis of the efficiencies of the ‘‘(i) a nonprofit organization; or ‘‘(B) SMALL URBANIZED AREAS.—Twenty proposed project development and delivery ‘‘(ii) a State or local governmental author- percent of the funds shall be apportioned methods or innovative financing arrange- ity that— among the States in the ratio that— ment for the eligible project; and ‘‘(I) is approved by a State to coordinate ‘‘(i) the number of seniors and individuals (D) a certification that the recipient’s ex- services for seniors and individuals with dis- with disabilities in urbanized areas with a isting public transportation system is in a abilities; or population of fewer than 200,000 individuals, state of good repair. ‘‘(II) certifies that there are no nonprofit as determined by the Bureau of the Census, (6) SELECTION CRITERIA.—The Secretary organizations readily available in the area to in each State; bears to may award a full funding grant agreement provide the services described in paragraph ‘‘(ii) the number of seniors and individuals under this subsection if the Secretary deter- (1)(A). with disabilities in urbanized areas with a mines that— ‘‘(3) ADMINISTRATIVE EXPENSES.— population of fewer than 200,000 individuals,

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as determined by the Bureau of the Census, ‘‘(e) GRANT REQUIREMENTS.— SEC. 20012. FORMULA GRANTS FOR OTHER THAN in all States. ‘‘(1) IN GENERAL.—A grant under this sec- URBANIZED AREAS. ‘‘(C) OTHER THAN URBANIZED AREAS.—Twen- tion shall be subject to the same require- Section 5311 of title 49, United States Code, ty percent of the funds shall be apportioned ments as a grant under section 5307, to the is amended to read as follows: among the States in the ratio that— extent the Secretary determines appro- ‘‘§ 5311. Formula grants for other than urban- ‘‘(i) the number of seniors and individuals priate. ized areas with disabilities in other than urbanized ‘‘(2) CERTIFICATION REQUIREMENTS.— ‘‘(a) DEFINITIONS.—As used in this section, areas in each State; bears to ‘‘(A) PROJECT SELECTION AND PLAN DEVEL- the following definitions shall apply: ‘‘(ii) the number of seniors and individuals OPMENT.—Before receiving a grant under this ‘‘(1) RECIPIENT.—The term ‘recipient’ with disabilities in other than urbanized section, each recipient shall certify that— means a State or Indian tribe that receives a areas in all States. ‘‘(i) the projects selected by the recipient Federal transit program grant directly from ‘‘(2) AREAS SERVED BY PROJECTS.— are included in a locally developed, coordi- the Government. ‘‘(A) IN GENERAL.—Except as provided in nated public transit-human services trans- ‘‘(2) SUBRECIPIENT.—The term ‘sub- subparagraph (B)— portation plan; recipient’ means a State or local govern- ‘‘(i) funds apportioned under paragraph ‘‘(ii) the plan described in clause (i) was de- mental authority, a nonprofit organization, (1)(A) shall be used for projects serving ur- veloped and approved through a process that or an operator of public transportation or banized areas with a population of 200,000 or included participation by seniors, individ- intercity bus service that receives Federal more individuals, as determined by the Bu- uals with disabilities, representatives of pub- transit program grant funds indirectly reau of the Census; lic, private, and nonprofit transportation through a recipient. ‘‘(ii) funds apportioned under paragraph and human services providers, and other ‘‘(b) GENERAL AUTHORITY.— (1)(B) shall be used for projects serving ur- members of the public; and ‘‘(1) GRANTS AUTHORIZED.—Except as pro- banized areas with a population of fewer ‘‘(iii) to the maximum extent feasible, the vided by paragraph (2), the Secretary may than 200,000 individuals, as determined by services funded under this section will be co- award grants under this section to recipients the Bureau of the Census; and ordinated with transportation services as- located in areas other than urbanized areas ‘‘(iii) funds apportioned under paragraph sisted by other Federal departments and for— (1)(C) shall be used for projects serving other agencies. ‘‘(A) planning, provided that a grant under than urbanized areas. ‘‘(B) ALLOCATIONS TO SUBRECIPIENTS.—If a this section for planning activities shall be ‘‘(B) EXCEPTIONS.—A State may use funds recipient allocates funds received under this apportioned to the State under subparagraph section to subrecipients, the recipient shall in addition to funding awarded to a State (B) or (C) of paragraph (1)— certify that the funds are allocated on a fair under section 5305 for planning activities ‘‘(i) for a project serving an area other and equitable basis. that are directed specifically at the needs of than an area specified in subparagraph ‘‘(f) COMPETITIVE PROCESS FOR GRANTS TO other than urbanized areas in the State; (A)(ii) or (A)(iii), as the case may be, if the SUBRECIPIENTS.— ‘‘(B) public transportation capital projects; Governor of the State certifies that all of the ‘‘(1) AREAWIDE SOLICITATIONS.—A recipient ‘‘(C) operating costs of equipment and fa- objectives of this section are being met in of funds apportioned under subsection cilities for use in public transportation; and the area specified in subparagraph (A)(ii) or (c)(1)(A) may conduct, in cooperation with ‘‘(D) the acquisition of public transpor- (A)(iii); or the appropriate metropolitan planning orga- tation services, including service agreements ‘‘(ii) for a project anywhere in the State, if nization, an areawide solicitation for appli- with private providers of public transpor- the State has established a statewide pro- cations for grants under this section. tation service. gram for meeting the objectives of this sec- ‘‘(2) STATEWIDE SOLICITATIONS.—A recipient ‘‘(2) STATE PROGRAM.— tion. of funds apportioned under subparagraph (B) ‘‘(A) IN GENERAL.—A project eligible for a ‘‘(C) LIMITED TO ELIGIBLE PROJECTS.—Any or (C) of subsection (c)(1) may conduct a grant under this section shall be included in funds transferred pursuant to subparagraph statewide solicitation for applications for a State program for public transportation (B) shall be made available only for eligible grants under this section. service projects, including agreements with projects selected under this section. ‘‘(3) APPLICATION.—If the recipient elects private providers of public transportation ‘‘(D) CONSULTATION.—A recipient may to engage in a competitive process, a recipi- service. transfer an amount under subparagraph (B) ent or subrecipient seeking to receive a ‘‘(B) SUBMISSION TO SECRETARY.—Each only after consulting with responsible local grant from funds apportioned under sub- State shall submit to the Secretary annually officials, publicly owned operators of public section (c) shall submit to the recipient the program described in subparagraph (A). transportation, and nonprofit providers in making the election an application in such ‘‘(C) APPROVAL.—The Secretary may not the area for which the amount was originally form and in accordance with such require- approve the program unless the Secretary apportioned. ments as the recipient making the election determines that— ‘‘(d) GOVERNMENT SHARE OF COSTS.— shall establish. ‘‘(i) the program provides a fair distribu- ‘‘(1) CAPITAL PROJECTS.—A grant for a cap- ‘‘(g) TRANSFERS OF FACILITIES AND EQUIP- tion of amounts in the State, including In- ital project under this section shall be in an MENT.—A recipient may transfer a facility or dian reservations; and amount equal to 80 percent of the net capital equipment acquired using a grant under this ‘‘(ii) the program provides the maximum costs of the project, as determined by the section to any other recipient eligible to re- feasible coordination of public transpor- Secretary. ceive assistance under this chapter, if— tation service assisted under this section ‘‘(2) OPERATING ASSISTANCE.—A grant made ‘‘(1) the recipient in possession of the facil- with transportation service assisted by other under this section for operating assistance ity or equipment consents to the transfer; Federal sources. may not exceed an amount equal to 50 per- and ‘‘(3) RURAL TRANSPORTATION ASSISTANCE cent of the net operating costs of the project, ‘‘(2) the facility or equipment will continue PROGRAM.— as determined by the Secretary. to be used as required under this section. ‘‘(A) IN GENERAL.—The Secretary shall ‘‘(3) REMAINDER OF NET COSTS.—The re- ‘‘(h) PERFORMANCE MEASURES.— carry out a rural transportation assistance mainder of the net costs of a project carried ‘‘(1) IN GENERAL.—Not later than 1 year program in other than urbanized areas. out under this section— after the date of enactment of the Federal ‘‘(B) GRANTS AND CONTRACTS.—In carrying ‘‘(A) may be provided from an undistrib- Public Transportation Act of 2012, the Sec- out this paragraph, the Secretary may use uted cash surplus, a replacement or deprecia- retary shall issue a final rule to establish not more than 2 percent of the amount made tion cash fund or reserve, a service agree- performance measures for grants under this available under section 5338(a)(2)(F) to make ment with a State or local social service section. grants and contracts for transportation re- agency or a private social service organiza- ‘‘(2) TARGETS.—Not later than 3 months search, technical assistance, training, and tion, or new capital; and after the date on which the Secretary issues related support services in other than urban- ‘‘(B) may be derived from amounts appro- a final rule under paragraph (1), and each fis- ized areas. priated or otherwise made available— cal year thereafter, each recipient that re- ‘‘(C) PROJECTS OF A NATIONAL SCOPE.—Not ‘‘(i) to a department or agency of the Gov- ceives Federal financial assistance under more than 15 percent of the amounts avail- ernment (other than the Department of this section shall establish performance tar- able under subparagraph (B) may be used by Transportation) that are eligible to be ex- gets in relation to the performance measures the Secretary to carry out projects of a na- pended for transportation; or established by the Secretary. tional scope, with the remaining balance ‘‘(ii) to carry out the Federal lands high- ‘‘(3) REPORTS.—Each recipient of Federal provided to the States. ways program under section 204 of title 23, financial assistance under this section shall ‘‘(4) DATA COLLECTION.—Each recipient United States Code. submit to the Secretary an annual report under this section shall submit an annual re- ‘‘(4) USE OF CERTAIN FUNDS.—For purposes that describes— port to the Secretary containing information of paragraph (3)(B)(i), the prohibition under ‘‘(A) the progress of the recipient toward on capital investment, operations, and serv- section 403(a)(5)(C)(vii) of the Social Security meeting the performance targets established ice provided with funds received under this Act (42 U.S.C. 603(a)(5)(C)(vii)) on the use of under paragraph (2) for that fiscal year; and section, including— grant funds for matching requirements shall ‘‘(B) the performance targets established ‘‘(A) total annual revenue; not apply to Federal or State funds to be by the recipient for the subsequent fiscal ‘‘(B) sources of revenue; used for transportation purposes. year.’’. ‘‘(C) total annual operating costs;

VerDate Mar 15 2010 01:58 Mar 08, 2012 Jkt 099060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S17FE2.REC S17FE2 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S948 CONGRESSIONAL RECORD — SENATE February 17, 2012 ‘‘(D) total annual capital costs; shown by the most recent decennial census ernor of the State certifies to the Secretary, ‘‘(E) fleet size and type, and related facili- of population. after consultation with affected intercity ties; ‘‘(C) APPORTIONMENT BASED ON LAND AREA, bus service providers, that the intercity bus ‘‘(F) vehicle revenue miles; and VEHICLE REVENUE MILES, AND LOW-INCOME IN- service needs of the State are being met ade- ‘‘(G) ridership. DIVIDUALS IN NONURBANIZED AREAS.— quately. ‘‘(g) ACCESS TO JOBS PROJECTS.— ‘‘(c) APPORTIONMENTS.— ‘‘(i) IN GENERAL.—16.85 percent of the ‘‘(1) IN GENERAL.—Amounts made available ‘‘(1) PUBLIC TRANSPORTATION ON INDIAN RES- amount described in subparagraph (A) shall under section 5338(a)(2)(F) may be used to ERVATIONS.—Of the amounts made available be apportioned to the States in accordance or appropriated for each fiscal year pursuant with this subparagraph. carry out a program to develop and maintain job access projects. Eligible projects may in- to section 5338(a)(2)(F) to carry out this ‘‘(ii) LAND AREA.—Subject to clause (v), clude— paragraph, the following amounts shall be each State shall receive an amount that is ‘‘(A) projects relating to the development apportioned each fiscal year for grants to In- equal to 29.68 percent of the amount appor- and maintenance of public transportation dian tribes for any purpose eligible under tioned under clause (i), multiplied by the services designed to transport eligible low- this section, under such terms and condi- ratio of the land area in areas other than ur- income individuals to and from jobs and ac- tions as may be established by the Sec- banized areas in that State and divided by tivities related to their employment, includ- retary: the land area in all areas other than urban- ing— ‘‘(A) $10,000,000 shall be distributed on a ized areas in the United States, as shown by ‘‘(i) public transportation projects to fi- competitive basis by the Secretary. the most recent decennial census of popu- lation. nance planning, capital, and operating costs ‘‘(B) $20,000,000 shall be apportioned as for- of providing access to jobs under this chap- mula grants, as provided in subsection (k). ‘‘(iii) VEHICLE REVENUE MILES.—Subject to clause (v), each State shall receive an ter; ‘‘(2) APPALACHIAN DEVELOPMENT PUBLIC ‘‘(ii) promoting public transportation by TRANSPORTATION ASSISTANCE PROGRAM.— amount that is equal to 29.68 percent of the amount apportioned under clause (i), multi- low-income workers, including the use of ‘‘(A) DEFINITIONS.—In this paragraph— public transportation by workers with non- ‘‘(i) the term ‘Appalachian region’ has the plied by the ratio of vehicle revenue miles in areas other than urbanized areas in that traditional work schedules; same meaning as in section 14102 of title 40; ‘‘(iii) promoting the use of transit vouchers and State and divided by the vehicle revenue miles in all areas other than urbanized areas for welfare recipients and eligible low-in- ‘‘(ii) the term ‘eligible recipient’ means a come individuals; and State that participates in a program estab- in the United States, as determined by na- tional transit database reporting. ‘‘(iv) promoting the use of employer-pro- lished under subtitle IV of title 40. vided transportation, including the transit ‘‘(iv) LOW-INCOME INDIVIDUALS.—Each State ‘‘(B) IN GENERAL.—The Secretary shall pass benefit program under section 132 of the shall receive an amount that is equal to 40.64 carry out a public transportation assistance Internal Revenue Code of 1986; and percent of the amount apportioned under program in the Appalachian region. ‘‘(B) transportation projects designed to clause (i), multiplied by the ratio of low-in- ‘‘(C) APPORTIONMENT.—Of amounts made support the use of public transportation in- come individuals in areas other than urban- available or appropriated for each fiscal year cluding— ized areas in that State and divided by the under section 5338(a)(2)(F) to carry out this ‘‘(i) enhancements to existing public trans- number of low-income individuals in all paragraph, the Secretary shall apportion portation service for workers with non-tradi- areas other than urbanized areas in the funds to eligible recipients for any purpose tional hours or reverse commutes; United States, as shown by the Bureau of the eligible under this section, based on the ‘‘(ii) guaranteed ride home programs; guidelines established under section 9.5(b) of Census. ‘‘(iii) bicycle storage facilities; and the Appalachian Regional Commission Code. ‘‘(v) MAXIMUM APPORTIONMENT.—No State ‘‘(iv) projects that otherwise facilitate the ‘‘(D) SPECIAL RULE.—An eligible recipient shall receive— provision of public transportation services to may use amounts that cannot be used for op- ‘‘(I) more than 5 percent of the amount ap- employment opportunities. portioned under clause (ii); or erating expenses under this paragraph for a ‘‘(2) PROJECT SELECTION AND PLAN DEVELOP- highway project if— ‘‘(II) more than 5 percent of the amount MENT.—Each grant recipient under this sub- ‘‘(i) that use is approved, in writing, by the apportioned under clause (iii). section shall certify that— ‘‘(d) USE FOR LOCAL TRANSPORTATION SERV- eligible recipient after appropriate notice ‘‘(A) the projects selected were included in ICE.—A State may use an amount appor- and an opportunity for comment and appeal a locally developed, coordinated public tran- tioned under this section for a project in- are provided to affected public transpor- sit-human services transportation plan; cluded in a program under subsection (b) of tation providers; and ‘‘(B) the plan was developed and approved this section and eligible for assistance under ‘‘(ii) the eligible recipient, in approving this chapter if the project will provide local through a process that included participa- the use of amounts under this subparagraph, transportation service, as defined by the Sec- tion by low-income individuals, representa- determines that the local transit needs are retary of Transportation, in an area other tives of public, private, and nonprofit trans- being addressed. than an urbanized area. portation and human services providers, and ‘‘(3) REMAINING AMOUNTS.— ‘‘(e) USE FOR ADMINISTRATION, PLANNING, the public; ‘‘(A) IN GENERAL.—The amounts made AND TECHNICAL ASSISTANCE.—The Secretary ‘‘(C) to the maximum extent feasible, serv- available or appropriated for each fiscal year may allow a State to use not more than 15 ices funded under this subsection are coordi- pursuant to section 5338(a)(2)(F) that are not percent of the amount apportioned under nated with transportation services funded by apportioned under paragraph (1) or (2) shall this section to administer this section and other Federal departments and agencies; and be apportioned in accordance with this para- provide technical assistance to a sub- ‘‘(D) allocations of the grant to subrecipi- graph. recipient, including project planning, pro- ents, if any, are distributed on a fair and eq- ‘‘(B) APPORTIONMENT BASED ON LAND AREA gram and management development, coordi- uitable basis. AND POPULATION IN NONURBANIZED AREAS.— nation of public transportation programs, ‘‘(3) COMPETITIVE PROCESS FOR GRANTS TO ‘‘(i) IN GENERAL.—83.15 percent of the and research the State considers appropriate SUBRECIPIENTS.— amount described in subparagraph (A) shall to promote effective delivery of public trans- ‘‘(A) STATEWIDE SOLICITATIONS.—A State be apportioned to the States in accordance portation to an area other than an urbanized may conduct a statewide solicitation for ap- with this subparagraph. area. plications for grants to recipients and sub- ‘‘(ii) LAND AREA.— ‘‘(f) INTERCITY BUS TRANSPORTATION.— recipients under this subsection. ‘‘(I) IN GENERAL.—Subject to subclause (II), ‘‘(1) IN GENERAL.—A State shall expend at ‘‘(B) APPLICATION.—If the State elects to each State shall receive an amount that is least 15 percent of the amount made avail- engage in a competitive process, recipients equal to 20 percent of the amount appor- able in each fiscal year to carry out a pro- and subrecipients seeking to receive a grant tioned under clause (i), multiplied by the gram to develop and support intercity bus from apportioned funds shall submit to the ratio of the land area in areas other than ur- transportation. Eligible activities under the State an application in the form and in ac- banized areas in that State and divided by program include— cordance with such requirements as the the land area in all areas other than urban- ‘‘(A) planning and marketing for intercity State shall establish. ized areas in the United States, as shown by bus transportation; ‘‘(h) GOVERNMENT SHARE OF COSTS.— the most recent decennial census of popu- ‘‘(B) capital grants for intercity bus shel- ‘‘(1) CAPITAL PROJECTS.— lation. ters; ‘‘(A) IN GENERAL.—Except as provided by ‘‘(II) MAXIMUM APPORTIONMENT.—No State ‘‘(C) joint-use stops and depots; subparagraph (B), a grant awarded under this shall receive more than 5 percent of the ‘‘(D) operating grants through purchase-of- section for a capital project or project ad- amount apportioned under subclause (I). service agreements, user-side subsidies, and ministrative expenses shall be for 80 percent ‘‘(iii) POPULATION.—Each State shall re- demonstration projects; and of the net costs of the project, as determined ceive an amount equal to 80 percent of the ‘‘(E) coordinating rural connections be- by the Secretary. amount apportioned under clause (i), multi- tween small public transportation operations ‘‘(B) EXCEPTION.—A State described in sec- plied by the ratio of the population of areas and intercity bus carriers. tion 120(b) of title 23 shall receive a Govern- other than urbanized areas in that State and ‘‘(2) CERTIFICATION.—A State does not have ment share of the net costs in accordance divided by the population of all areas other to comply with paragraph (1) of this sub- with the formula under that section. than urbanized areas in the United States, as section in a fiscal year in which the Gov- ‘‘(2) OPERATING ASSISTANCE.—

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‘‘(A) IN GENERAL.—Except as provided by the ratio of the number of low-income indi- ‘‘(1) IN GENERAL.—The Secretary may make subparagraph (B), a grant made under this viduals residing on an Indian tribe’s lands di- a grant to or enter into a contract, coopera- section for operating assistance may not ex- vided by the total number of low-income in- tive agreement, or other agreement under ceed 50 percent of the net operating costs of dividuals on tribal lands on which more than this section with an entity described in sub- the project, as determined by the Secretary. 1,000 low-income individuals reside. section (a)(2) to carry out a public transpor- ‘‘(B) EXCEPTION.—A State described in sec- ‘‘(B) LIMITATION.—No recipient shall re- tation research project that has as its ulti- tion 120(b) of title 23 shall receive a Govern- ceive more than $300,000 of the amounts ap- mate goal the development and deployment ment share of the net operating costs equal portioned under subparagraph (A)(iii) in a of new and innovative ideas, practices, and to 62.5 percent of the Government share pro- fiscal year. approaches. vided for under paragraph (1)(B). ‘‘(C) REMAINING AMOUNTS.—Of the amounts ‘‘(2) PROJECT ELIGIBILITY.—A public trans- ‘‘(3) REMAINDER.—The remainder of net made available under subparagraph (A)(iii), portation research project that receives as- project costs— any amounts not apportioned under that sistance under paragraph (1) shall focus on— ‘‘(A) may be provided from an undistrib- subparagraph shall be allocated among In- ‘‘(A) providing more effective and efficient uted cash surplus, a replacement or deprecia- dian tribes receiving less than $300,000 in a public transportation service, including serv- tion cash fund or reserve, a service agree- fiscal year according to the formula specified ices to— ment with a State or local social service in that clause. ‘‘(i) seniors; agency or a private social service organiza- ‘‘(D) LOW-INCOME INDIVIDUALS.—For pur- ‘‘(ii) individuals with disabilities; and tion, or new capital; poses of subparagraph (A)(iii), the term ‘low- ‘‘(iii) low-income individuals; ‘‘(B) may be derived from amounts appro- income individual’ means an individual ‘‘(B) mobility management and improve- priated or otherwise made available to a de- whose family income is at or below 100 per- ments and travel management systems; partment or agency of the Government cent of the poverty line, as that term is de- ‘‘(C) data and communication system ad- (other than the Department of Transpor- fined in section 673(2) of the Community vancements; tation) that are eligible to be expended for Services Block Grant Act (42 U.S.C. 9902(2)), ‘‘(D) system capacity, including— transportation; and including any revision required by that sec- ‘‘(i) train control; ‘‘(C) notwithstanding subparagraph (B), tion, for a family of the size involved. ‘‘(ii) capacity improvements; and may be derived from amounts made avail- ‘‘(2) NON-TRIBAL SERVICE PROVIDERS.—A re- ‘‘(iii) performance management; able to carry out the Federal lands highway cipient that is an Indian tribe may use funds ‘‘(E) capital and operating efficiencies; program established by section 204 of title 23. apportioned under this subsection to finance ‘‘(F) planning and forecasting modeling ‘‘(4) USE OF CERTAIN FUNDS.—For purposes public transportation services provided by a and simulation; of paragraph (3)(B), the prohibitions on the non-tribal provider of public transportation ‘‘(G) advanced vehicle design; use of funds for matching requirements that connects residents of tribal lands with ‘‘(H) advancements in vehicle technology; under section 403(a)(5)(C)(vii) of the Social surrounding communities, improves access ‘‘(I) asset maintenance and repair systems Security Act (42 U.S.C. 603(a)(5)(C)(vii)) shall to employment or healthcare, or otherwise advancement; not apply to Federal or State funds to be addresses the mobility needs of tribal mem- ‘‘(J) construction and project management; used for transportation purposes. bers.’’. ‘‘(K) alternative fuels; ‘‘(5) LIMITATION ON OPERATING ASSIST- SEC. 20013. RESEARCH, DEVELOPMENT, DEM- ‘‘(L) the environment and energy effi- ANCE.—A State carrying out a program of op- ONSTRATION, AND DEPLOYMENT ciency; erating assistance under this section may PROJECTS. ‘‘(M) safety improvements; or not limit the level or extent of use of the Section 5312 of title 49, United States Code, ‘‘(N) any other area that the Secretary de- Government grant for the payment of oper- is amended to read as follows: termines is important to advance the inter- ating expenses. ‘‘§ 5312. Research, development, demonstra- ests of public transportation. ‘‘(i) TRANSFER OF FACILITIES AND EQUIP- tion, and deployment projects ‘‘(c) INNOVATION AND DEVELOPMENT.— MENT.—With the consent of the recipient ‘‘(1) IN GENERAL.—The Secretary may make currently having a facility or equipment ac- ‘‘(a) RESEARCH, DEVELOPMENT, DEMONSTRA- a grant to or enter into a contract, coopera- quired with assistance under this section, a TION, AND DEPLOYMENT PROJECTS.— tive agreement, or other agreement under State may transfer the facility or equipment ‘‘(1) IN GENERAL.—The Secretary may make to any recipient eligible to receive assist- grants and enter into contracts, cooperative this section with an entity described in sub- ance under this chapter if the facility or agreements, and other agreements for re- section (a)(2) to carry out a public transpor- equipment will continue to be used as re- search, development, demonstration, and de- tation innovation and development project quired under this section. ployment projects, and evaluation of re- that seeks to improve public transportation ‘‘(j) RELATIONSHIP TO OTHER LAWS.— search and technology of national signifi- systems nationwide in order to provide more ‘‘(1) IN GENERAL.—Section 5333(b) applies to cance to public transportation, that the Sec- efficient and effective delivery of public this section if the Secretary of Labor utilizes retary determines will improve public trans- transportation services, including through a special warranty that provides a fair and portation. technology and technological capacity im- equitable arrangement to protect the inter- ‘‘(2) AGREEMENTS.—In order to carry out provements. ests of employees. paragraph (1), the Secretary may make ‘‘(2) PROJECT ELIGIBILITY.—A public trans- ‘‘(2) RULE OF CONSTRUCTION.—This sub- grants to and enter into contracts, coopera- portation innovation and development section does not affect or discharge a respon- tive agreements, and other agreements project that receives assistance under para- sibility of the Secretary of Transportation with— graph (1) shall focus on— under a law of the United States. ‘‘(A) departments, agencies, and instru- ‘‘(A) the development of public transpor- ‘‘(k) FORMULA GRANTS FOR PUBLIC TRANS- mentalities of the Government; tation research projects that received assist- PORTATION ON INDIAN RESERVATIONS.— ‘‘(B) State and local governmental enti- ance under subsection (b) that the Secretary ‘‘(1) APPORTIONMENT.— ties; determines were successful; ‘‘(A) IN GENERAL.—Of the amounts de- ‘‘(C) providers of public transportation; ‘‘(B) planning and forecasting modeling scribed in subsection (c)(1)(B)— ‘‘(D) private or non-profit organizations; and simulation; ‘‘(i) 50 percent of the total amount shall be ‘‘(E) institutions of higher education; and ‘‘(C) capital and operating efficiencies; apportioned so that each Indian tribe pro- ‘‘(F) technical and community colleges. ‘‘(D) advanced vehicle design; viding public transportation service shall re- ‘‘(3) APPLICATION.— ‘‘(E) advancements in vehicle technology; ceive an amount equal to the total amount ‘‘(A) IN GENERAL.—To receive a grant, con- ‘‘(F) the environment and energy effi- apportioned under this clause multiplied by tract, cooperative agreement, or other agree- ciency; the ratio of the number of vehicle revenue ment under this section, an entity described ‘‘(G) system capacity, including train con- miles provided by an Indian tribe divided by in paragraph (2) shall submit an application trol and capacity improvements; or the total number of vehicle revenue miles to the Secretary. ‘‘(H) any other area that the Secretary de- provided by all Indian tribes, as reported to ‘‘(B) FORM AND CONTENTS.—An application termines is important to advance the inter- the Secretary; under subparagraph (A) shall be in such form ests of public transportation. ‘‘(ii) 25 percent of the total amount shall and contain such information as the Sec- ‘‘(d) DEMONSTRATION, DEPLOYMENT, AND be apportioned equally among each Indian retary may require, including— EVALUATION.— tribe providing at least 200,000 vehicle rev- ‘‘(i) a statement of purpose detailing the ‘‘(1) IN GENERAL.—The Secretary may, enue miles of public transportation service need being addressed; under terms and conditions that the Sec- annually, as reported to the Secretary; and ‘‘(ii) the short- and long-term goals of the retary prescribes, make a grant to or enter ‘‘(iii) 25 percent of the total amount shall project, including opportunities for future into a contract, cooperative agreement, or be apportioned among each Indian tribe pro- innovation and development, the potential other agreement with an entity described in viding public transportation on tribal lands for deployment, and benefits to riders and paragraph (2) to promote the early deploy- on which more than 1,000 low-income individ- public transportation; and ment and demonstration of innovation in uals reside (as determined by the Bureau of ‘‘(iii) the short- and long-term funding re- public transportation that has broad applica- the Census) so that each Indian tribe shall quirements to complete the project and any bility. receive an amount equal to the total amount future objectives of the project. ‘‘(2) PARTICIPANTS.—An entity described in apportioned under this clause multiplied by ‘‘(b) RESEARCH.— this paragraph is—

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‘‘(A) an entity described in subsection ‘‘(B) the development of standards and best ‘‘(1) IN GENERAL.—The Secretary shall (a)(2); or practices by the public transportation indus- enter into a cooperative agreement with an ‘‘(B) a consortium of entities described in try. entity that operates and maintains a facility subsection (a)(2), including a provider of pub- ‘‘(b) TECHNICAL ASSISTANCE CENTERS.— certified under subsection (a), under which 80 lic transportation, that will share the costs, ‘‘(1) DEFINITION.—In this subsection, the percent of the fee for testing a vehicle at the risks, and rewards of early deployment and term ‘eligible entity’ means a nonprofit or- facility may be available from amounts ap- demonstration of innovation. ganization, an institution of higher edu- portioned to a recipient under section 5336 or ‘‘(3) PROJECT ELIGIBILITY.—A project that cation, or a technical or community college. from amounts appropriated to carry out this receives assistance under paragraph (1) shall ‘‘(2) IN GENERAL.—The Secretary may make section. seek to build on successful research, innova- grants to and enter into contracts, coopera- ‘‘(2) PROHIBITION.—An entity that operates tion, and development efforts to facilitate— tive agreements, and other agreements with and maintains a facility described in sub- ‘‘(A) the deployment of research and tech- eligible entities to administer centers to pro- section (a) shall not have a financial interest nology development resulting from private vide technical assistance, including— in the outcome of the testing carried out at efforts or federally funded efforts; and ‘‘(A) the development of tools and guid- the facility. ‘‘(B) the implementation of research and ance; and ‘‘(e) ACQUIRING NEW BUS MODELS.— technology development to advance the in- ‘‘(B) the dissemination of best practices. Amounts appropriated or made available terests of public transportation. ‘‘(3) COMPETITIVE PROCESS.—The Secretary under this chapter may be obligated or ex- ‘‘(4) EVALUATION.—Not later than 2 years may make grants and enter into contracts, pended to acquire a new bus model only if— after the date on which a project receives as- cooperative agreements, and other agree- ‘‘(1) a bus of that model has been tested at sistance under paragraph (1), the Secretary ments under paragraph (2) through a com- a facility described in subsection (a); and shall conduct a comprehensive evaluation of petitive process on a biennial basis for tech- ‘‘(2) the bus tested under paragraph (1) the success or failure of the projects funded nical assistance in each of the following cat- met— under this subsection and any plan for broad- egories: ‘‘(A) performance standards for maintain- based implementation of the innovation pro- ‘‘(A) Human services transportation co- ability, reliability, performance (including moted by successful projects. ordination, including— braking performance), structural integrity, ‘‘(e) ANNUAL REPORT ON RESEARCH.—Not ‘‘(i) transportation for seniors; fuel economy, emissions, and noise, as estab- later than the first Monday in February of ‘‘(ii) transportation for individuals with lished by the Secretary by rule; and each year, the Secretary shall submit to the disabilities; and ‘‘(B) the minimum safety performance Committee on Banking, Housing, and Urban ‘‘(iii) coordination of local resources and standards established by the Secretary pur- Affairs and the Committee on Appropria- programs to assist low-income individuals suant to section 5329(b).’’. tions of the Senate and the Committee on and veterans in gaining access to training SEC. 20016. PUBLIC TRANSPORTATION WORK- Transportation and Infrastructure and the and employment opportunities. FORCE DEVELOPMENT AND HUMAN Committee on Appropriations of the House ‘‘(B) Transit-oriented development. RESOURCE PROGRAMS. of Representatives a report that includes— ‘‘(C) Transportation equity with regard to Section 5322 of title 49, United States Code, ‘‘(1) a description of each project that re- the impact that transportation planning, in- is amended to read as follows: ceived assistance under this section during vestment, and operations have on low-in- ‘‘§ 5322. Public transportation workforce de- the preceding fiscal year; come and minority individuals. velopment and human resource programs ‘‘(2) an evaluation of each project described ‘‘(D) Financing mechanisms, including— ‘‘(a) IN GENERAL.—The Secretary may un- in paragraph (1), including any evaluation ‘‘(i) public-private partnerships; dertake, or make grants or enter into con- conducted under subsection (d)(4) for the pre- ‘‘(ii) bonding; and tracts for, activities that address human re- ceding fiscal year; and ‘‘(iii) State and local capacity building. source needs as the needs apply to public ‘‘(3) a proposal for allocations of amounts ‘‘(E) Any other activity that the Secretary transportation activities, including activi- for assistance under this section for the sub- determines is important to advance the in- ties that— sequent fiscal year. terests of public transportation. ‘‘(1) educate and train employees; OVERNMENT SHARE OF COSTS.— ‘‘(f) G ‘‘(4) EXPERTISE OF TECHNICAL ASSISTANCE ‘‘(2) develop the public transportation ‘‘(1) IN GENERAL.—The Government share of CENTERS.—In selecting an eligible entity to workforce through career outreach and prep- the cost of a project carried out under this administer a center under this subsection, aration; section shall not exceed 80 percent. the Secretary shall consider— ‘‘(3) develop a curriculum for workforce de- ‘‘(2) NON-GOVERNMENT SHARE.—The non- ‘‘(A) the demonstrated subject matter ex- velopment; Government share of the cost of a project pertise of the eligible entity; and ‘‘(4) conduct outreach programs to increase carried out under this section may be de- ‘‘(B) the capacity of the eligible entity to minority and female employment in public rived from in-kind contributions. deliver technical assistance on a regional or transportation; ‘‘(3) FINANCIAL BENEFIT.—If the Secretary nationwide basis. ‘‘(5) conduct research on public transpor- determines that there would be a clear and ‘‘(5) PARTNERSHIPS.—An eligible entity tation personnel and training needs; direct financial benefit to an entity under a may partner with another eligible entity to ‘‘(6) provide training and assistance for mi- grant, contract, cooperative agreement, or provide technical assistance under this sub- nority business opportunities; other agreement under this section, the Sec- section. ‘‘(7) advance training relating to mainte- retary shall establish a Government share of ‘‘(c) GOVERNMENT SHARE OF COSTS.— nance of alternative energy, energy effi- the costs of the project to be carried out ‘‘(1) IN GENERAL.—The Government share of ciency, or zero emission vehicles and facili- under the grant, contract, cooperative agree- the cost of an activity under this section ties used in public transportation; and ment, or other agreement that is consistent may not exceed 80 percent. ‘‘(8) address a current or projected work- with the benefit.’’. ‘‘(2) NON-GOVERNMENT SHARE.—The non- force shortage in an area that requires tech- Government share of the cost of an activity SEC. 20014. TECHNICAL ASSISTANCE AND STAND- nical expertise. ARDS DEVELOPMENT. under this section may be derived from in- ‘‘(b) FUNDING.— Section 5314 of title 49, United States Code, kind contributions.’’. ‘‘(1) URBANIZED AREA FORMULA GRANTS.—A is amended to read as follows: SEC. 20015. BUS TESTING FACILITIES. recipient or subrecipient of funding under ‘‘§ 5314. Technical assistance and standards Section 5318 of title 49, United States Code, section 5307 shall expend not less than 0.5 development is amended to read as follows: percent of such funding for activities con- ‘‘(a) TECHNICAL ASSISTANCE AND STANDARDS ‘‘§ 5318. Bus testing facilities sistent with subsection (a). DEVELOPMENT.— ‘‘(a) FACILITIES.—The Secretary shall cer- ‘‘(2) WAIVER.—The Secretary may waive ‘‘(1) IN GENERAL.—The Secretary may make tify not more than 4 comprehensive facilities the requirement under paragraph (1) with re- grants and enter into contracts, cooperative for testing new bus models for maintain- spect to a recipient or subrecipient if the agreements, and other agreements (including ability, reliability, safety, performance (in- Secretary determines that the recipient or agreements with departments, agencies, and cluding braking performance), structural in- subrecipient— instrumentalities of the Government) to tegrity, fuel economy, emissions, and noise. ‘‘(A) has an adequate workforce develop- carry out activities that the Secretary deter- ‘‘(b) COOPERATIVE AGREEMENT.—The Sec- ment program; or mines will assist recipients of assistance retary shall enter into a cooperative agree- ‘‘(B) has partnered with a local educational under this chapter to— ment with not more than 4 qualified entities institution in a manner that sufficiently pro- ‘‘(A) more effectively and efficiently pro- to test public transportation vehicles under motes or addresses workforce development vide public transportation service; subsection (a). and human resource needs. ‘‘(B) administer funds received under this ‘‘(c) FEES.—An entity that operates and ‘‘(c) INNOVATIVE PUBLIC TRANSPORTATION chapter in compliance with Federal law; and maintains a facility certified under sub- WORKFORCE DEVELOPMENT PROGRAM.— ‘‘(C) improve public transportation. section (a) shall establish and collect reason- ‘‘(1) PROGRAM ESTABLISHED.—The Sec- ‘‘(2) ELIGIBLE ACTIVITIES.—The activities able fees for the testing of vehicles at the fa- retary shall establish a competitive grant carried out under paragraph (1) may in- cility. The Secretary must approve the fees. program to assist the development of innova- clude— ‘‘(d) AVAILABILITY OF AMOUNTS TO PAY FOR tive activities eligible for assistance under ‘‘(A) technical assistance; and TESTING.— subsection (a).

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‘‘(2) SELECTION OF RECIPIENTS.—To the Protection Agency on each project that may pursuant to section 5302(3)(J) from amounts maximum extent feasible, the Secretary have a substantial impact on the environ- made available to the recipient under sec- shall select recipients that— ment. tion 5309. ‘‘(A) are geographically diverse; ‘‘(2) COMPLIANCE WITH NEPA.—The National ‘‘(g) SCHOOLBUS TRANSPORTATION.— ‘‘(B) address the workforce and human re- Environmental Policy Act of 1969 (42 U.S.C. ‘‘(1) AGREEMENTS.—Financial assistance sources needs of large public transportation 4321 et seq.) shall apply to financial assist- under this chapter may be used for a capital providers; ance for capital projects under this chapter. project, or to operate public transportation ‘‘(C) address the workforce and human re- ‘‘(d) CORRIDOR PRESERVATION.— equipment or a public transportation facil- sources needs of small public transportation ‘‘(1) IN GENERAL.—The Secretary may as- ity, only if the applicant agrees not to pro- providers; sist a recipient in acquiring right-of-way be- vide schoolbus transportation that exclu- ‘‘(D) address the workforce and human re- fore the completion of the environmental re- sively transports students and school per- sources needs of urban public transportation views for any project that may use the right- sonnel in competition with a private school- providers; of-way if the acquisition is otherwise per- bus operator. This subsection does not ‘‘(E) address the workforce and human re- mitted under Federal law. The Secretary apply— sources needs of rural public transportation may establish restrictions on such an acqui- ‘‘(A) to an applicant that operates a school providers; sition as the Secretary determines to be nec- system in the area to be served and a sepa- ‘‘(F) advance training related to mainte- essary and appropriate. rate and exclusive schoolbus program for the nance of alternative energy, energy effi- ‘‘(2) ENVIRONMENTAL REVIEWS.—Right-of- school system; and ciency, or zero emission vehicles and facili- way acquired under this subsection may not ‘‘(B) unless a private schoolbus operator ties used in public transportation; be developed in anticipation of the project can provide adequate transportation that ‘‘(G) target areas with high rates of unem- until all required environmental reviews for complies with applicable safety standards at ployment; and the project have been completed. reasonable rates. ‘‘(e) CONDITION ON CHARTER BUS TRANSPOR- ‘‘(H) address current or projected work- ‘‘(2) VIOLATIONS.—If the Secretary finds TATION SERVICE.— force shortages in areas that require tech- that an applicant, governmental authority, ‘‘(1) AGREEMENTS.—Financial assistance nical expertise. or publicly owned operator has violated the under this chapter may be used to buy or op- ‘‘(d) GOVERNMENT’S SHARE OF COSTS.—The agreement required under paragraph (1), the erate a bus only if the applicant, govern- Government share of the cost of a project Secretary shall bar a recipient or an oper- mental authority, or publicly owned oper- carried out using a grant under this section ator from receiving Federal transit assist- ator that receives the assistance agrees that, shall be 50 percent. ance in an amount the Secretary considers except as provided in the agreement, the ‘‘(e) REPORT.—Not later than 2 years after appropriate. governmental authority or an operator of the date of enactment of the Federal Public ‘‘(h) BUYING BUSES UNDER OTHER LAWS.— public transportation for the governmental Transportation Act of 2012, the Secretary Subsections (e) and (g) of this section apply authority will not provide charter bus trans- shall submit to the Committee on Banking, to financial assistance to buy a bus under portation service outside the urban area in Housing, and Urban Affairs of the Senate and sections 133 and 142 of title 23. which it provides regularly scheduled public the Committee on Transportation and Infra- ‘‘(i) GRANT AND LOAN PROHIBITIONS.—A transportation service. An agreement shall structure of the House of Representatives a grant or loan may not be used to— provide for a fair arrangement the Secretary report concerning the measurable outcomes ‘‘(1) pay ordinary governmental or non- of Transportation considers appropriate to and impacts of the programs funded under project operating expenses; or ensure that the assistance will not enable a this section.’’. ‘‘(2) support a procurement that uses an governmental authority or an operator for a SEC. 20017. GENERAL PROVISIONS. exclusionary or discriminatory specification. governmental authority to foreclose a pri- ‘‘(j) GOVERNMENT SHARE OF COSTS FOR CER- Section 5323 of title 49, United States Code, vate operator from providing intercity char- TAIN PROJECTS.—A grant for a project to be is amended to read as follows: ter bus service if the private operator can assisted under this chapter that involves ac- ‘‘§ 5323. General provisions provide the service. quiring vehicle-related equipment or facili- ‘‘(a) INTERESTS IN PROPERTY.— ‘‘(2) VIOLATIONS.— ties required by the Americans with Disabil- ‘‘(1) IN GENERAL.—Financial assistance pro- ‘‘(A) INVESTIGATIONS.—On receiving a com- ities Act of 1990 (42 U.S.C. 12101 et seq.) or ve- vided under this chapter to a State or a local plaint about a violation of the agreement re- hicle-related equipment or facilities (includ- governmental authority may be used to ac- quired under paragraph (1), the Secretary ing clean fuel or alternative fuel vehicle-re- quire an interest in, or to buy property of, a shall investigate and decide whether a viola- lated equipment or facilities) for purposes of private company engaged in public transpor- tion has occurred. complying with or maintaining compliance tation, for a capital project for property ac- ‘‘(B) ENFORCEMENT OF AGREEMENTS.—If the with the Clean Air Act, is for 90 percent of quired from a private company engaged in Secretary decides that a violation has oc- the net project cost of such equipment or fa- public transportation after July 9, 1964, or to curred, the Secretary shall correct the viola- cilities attributable to compliance with operate a public transportation facility or tion under terms of the agreement. those Acts. The Secretary shall have discre- equipment in competition with, or in addi- ‘‘(C) ADDITIONAL REMEDIES.—In addition to tion to determine, through practicable ad- tion to, transportation service provided by any remedy specified in the agreement, the ministrative procedures, the costs of such an existing public transportation company, Secretary shall bar a recipient or an oper- equipment or facilities attributable to com- only if— ator from receiving Federal transit assist- pliance with those Acts. ‘‘(A) the Secretary determines that such fi- ance in an amount the Secretary considers ‘‘(k) BUY AMERICA.— nancial assistance is essential to a program appropriate if the Secretary finds a pattern ‘‘(1) IN GENERAL.—The Secretary may obli- of projects required under sections 5303 and of violations of the agreement. gate an amount that may be appropriated to 5304; ‘‘(f) BOND PROCEEDS ELIGIBLE FOR LOCAL carry out this chapter for a project only if ‘‘(B) the Secretary determines that the SHARE.— the steel, iron, and manufactured goods used program provides for the participation of pri- ‘‘(1) USE AS LOCAL MATCHING FUNDS.—Not- in the project are produced in the United vate companies engaged in public transpor- withstanding any other provision of law, a States. tation to the maximum extent feasible; and recipient of assistance under section 5307, ‘‘(2) WAIVER.—The Secretary may waive ‘‘(C) just compensation under State or 5309, or 5337 may use the proceeds from the paragraph (1) of this subsection if the Sec- local law will be paid to the company for its issuance of revenue bonds as part of the local retary finds that— franchise or property. matching funds for a capital project. ‘‘(A) applying paragraph (1) would be in- ‘‘(2) LIMITATION.—A governmental author- ‘‘(2) MAINTENANCE OF EFFORT.—The Sec- consistent with the public interest; ity may not use financial assistance of the retary shall approve of the use of the pro- ‘‘(B) the steel, iron, and goods produced in United States Government to acquire land, ceeds from the issuance of revenue bonds for the United States are not produced in a suffi- equipment, or a facility used in public trans- the remainder of the net project cost only if cient and reasonably available amount or are portation from another governmental au- the Secretary finds that the aggregate not of a satisfactory quality; thority in the same geographic area. amount of financial support for public trans- ‘‘(C) when procuring rolling stock (includ- ‘‘(b) RELOCATION AND REAL PROPERTY RE- portation in the urbanized area provided by ing train control, communication, and trac- QUIREMENTS.—The Uniform Relocation As- the State and affected local governmental tion power equipment) under this chapter— sistance and Real Property Acquisition Poli- authorities during the next 3 fiscal years, as ‘‘(i) the cost of components and subcompo- cies Act of 1970 (42 U.S.C. 4601 et seq.) shall programmed in the State transportation im- nents produced in the United States is more apply to financial assistance for capital provement program under section 5304, is not than 60 percent of the cost of all components projects under this chapter. less than the aggregate amount provided by of the rolling stock; and ‘‘(c) CONSIDERATION OF ECONOMIC, SOCIAL, the State and affected local governmental ‘‘(ii) final assembly of the rolling stock has AND ENVIRONMENTAL INTERESTS.— authorities in the urbanized area during the occurred in the United States; or ‘‘(1) COOPERATION AND CONSULTATION.—In preceding 3 fiscal years. ‘‘(D) including domestic material will in- carrying out the goal described in section ‘‘(3) DEBT SERVICE RESERVE.—The Sec- crease the cost of the overall project by more 5301(c)(2), the Secretary shall cooperate and retary may reimburse an eligible recipient than 25 percent. consult with the Secretary of the Interior for deposits of bond proceeds in a debt serv- ‘‘(3) WRITTEN WAIVER DETERMINATION AND and the Administrator of the Environmental ice reserve that the recipient establishes ANNUAL REPORT.—

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‘‘(A) WRITTEN DETERMINATION.—Before ‘‘(l) PARTICIPATION OF GOVERNMENTAL ‘‘(3) the recipient uses revenues received issuing a waiver under paragraph (2), the AGENCIES IN DESIGN AND DELIVERY OF TRANS- from the incidental use in excess of costs for Secretary shall— PORTATION SERVICES.—Governmental agen- planning, capital, and operating expenses ‘‘(i) publish in the Federal Register and cies and nonprofit organizations that receive that are incurred in providing public trans- make publicly available in an easily identifi- assistance from Government sources (other portation; and able location on the website of the Depart- than the Department of Transportation) for ‘‘(4) private entities pay all applicable ex- ment of Transportation a detailed written nonemergency transportation services cise taxes on fuel. explanation of the waiver determination; and shall— ‘‘(r) FIXED GUIDEWAY CATEGORICAL EXCLU- ‘‘(ii) provide the public with a reasonable ‘‘(1) participate and coordinate with recipi- SION.— period of time for notice and comment. ents of assistance under this chapter in the ‘‘(1) STUDY.—Not later than 6 months after ‘‘(B) ANNUAL REPORT.—Not later than 1 design and delivery of transportation serv- the date of enactment of the Federal Public year after the date of enactment of the Fed- ices; and Transportation Act of 2012, the Secretary eral Public Transportation Act of 2012, and ‘‘(2) be included in the planning for those shall conduct a study to determine the feasi- annually thereafter, the Secretary shall sub- services. bility of providing a categorical exclusion mit to the Committee on Banking, Housing, ‘‘(m) RELATIONSHIP TO OTHER LAWS.— for streetcar, bus rapid transit, and light rail and Urban Affairs of the Senate and the ‘‘(1) FRAUD AND FALSE STATEMENTS.—Sec- projects located within an existing transpor- Committee on Transportation and Infra- tion 1001 of title 18 applies to a certificate, tation right-of-way from the requirements of structure of the House of Representatives a submission, or statement provided under this the National Environmental Policy Act of report listing any waiver issued under para- chapter. The Secretary may terminate finan- 1969 (42 U.S.C. 4321 et seq.) in accordance graph (2) during the preceding year. cial assistance under this chapter and seek with the Council on Environmental Quality ‘‘(4) LABOR COSTS FOR FINAL ASSEMBLY.—In reimbursement directly, or by offsetting implementing regulations under parts 1500 this subsection, labor costs involved in final amounts, available under this chapter if the through 1508 of title 40, Code of Federal Reg- assembly are not included in calculating the Secretary determines that a recipient of ulations, or any successor thereto. cost of components. such financial assistance has made a false or ‘‘(2) FINDINGS AND RULES.—Not later than 1 ‘‘(5) WAIVER PROHIBITED.—The Secretary fraudulent statement or related act in con- year after the date of enactment of the Fed- may not make a waiver under paragraph (2) nection with a Federal public transportation eral Public Transportation Act of 2012, the of this subsection for goods produced in a program. Secretary shall issue findings and, if appro- foreign country if the Secretary, in consulta- ‘‘(2) POLITICAL ACTIVITIES OF NON- priate, issue rules to provide categorical ex- tion with the United States Trade Rep- SUPERVISORY EMPLOYEES.—The provision of clusions for suitable categories of projects.’’. resentative, decides that the government of assistance under this chapter shall not be SEC. 20018. CONTRACT REQUIREMENTS. that foreign country— construed to require the application of chap- Section 5325 of title 49, United States Code, ‘‘(A) has an agreement with the United ter 15 of title 5 to any nonsupervisory em- is amended— States Government under which the Sec- ployee of a public transportation system (or (1) in subsection (h), by striking ‘‘Federal retary has waived the requirement of this any other agency or entity performing re- Public Transportation Act of 2005’’ and in- subsection; and lated functions) to whom such chapter does serting ‘‘Federal Public Transportation Act ‘‘(B) has violated the agreement by dis- not otherwise apply. of 2012’’; criminating against goods to which this sub- ‘‘(n) PREAWARD AND POSTDELIVERY REVIEW (2) in subsection (j)(2)(C), by striking ‘‘, in- section applies that are produced in the OF ROLLING STOCK PURCHASES.—The Sec- cluding the performance reported in the Con- United States and to which the agreement retary shall prescribe regulations requiring a tractor Performance Assessment Reports re- applies. preaward and postdelivery review of a grant quired under section 5309(l)(2)’’; and ‘‘(6) PENALTY FOR MISLABELING AND MIS- under this chapter to buy rolling stock to (3) by adding at the end the following: REPRESENTATION.—A person is ineligible ensure compliance with Government motor ‘‘(k) VETERANS EMPLOYMENT.—Recipients under subpart 9.4 of the Federal Acquisition vehicle safety requirements, subsection (k) and subrecipients of Federal financial assist- Regulation, or any successor thereto, to re- of this section, and bid specifications re- ance under this chapter shall ensure that ceive a contract or subcontract made with quirements of grant recipients under this contractors working on a capital project amounts authorized under the Federal Pub- chapter. Under this subsection, independent funded using such assistance give a hiring lic Transportation Act of 2012 if a court or inspections and review are required, and a preference to veterans, as defined in section department, agency, or instrumentality of manufacturer certification is not sufficient. 2108 of title 5, who have the requisite skills the Government decides the person inten- Rolling stock procurements of 20 vehicles or and abilities to perform the construction tionally— fewer made for the purpose of serving other work required under the contract.’’. ‘‘(A) affixed a ‘Made in America’ label, or a than urbanized areas and urbanized areas SEC. 20019. TRANSIT ASSET MANAGEMENT. label with an inscription having the same with populations of 200,000 or fewer shall be meaning, to goods sold in or shipped to the Section 5326 of title 49, United States Code, subject to the same requirements as estab- is amended to read as follows: United States that are used in a project to lished for procurements of 10 or fewer buses which this subsection applies but not pro- under the post-delivery purchaser’s require- ‘‘§ 5326. Transit asset management duced in the United States; or ments certification process under section ‘‘(a) DEFINITIONS.—In this section the fol- ‘‘(B) represented that goods described in 663.37(c) of title 49, Code of Federal Regula- lowing definitions shall apply: subparagraph (A) of this paragraph were pro- tions. ‘‘(1) CAPITAL ASSET.—The term ‘capital duced in the United States. ‘‘(o) SUBMISSION OF CERTIFICATIONS.—A cer- asset’ includes equipment, rolling stock, in- ‘‘(7) STATE REQUIREMENTS.—The Secretary tification required under this chapter and frastructure, and facilities for use in public may not impose any limitation on assistance any additional certification or assurance re- transportation and owned or leased by a re- provided under this chapter that restricts a quired by law or regulation to be submitted cipient or subrecipient of Federal financial State from imposing more stringent require- to the Secretary may be consolidated into a assistance under this chapter. ments than this subsection on the use of ar- single document to be submitted annually as ‘‘(2) TRANSIT ASSET MANAGEMENT PLAN.— ticles, materials, and supplies mined, pro- part of a grant application under this chap- The term ‘transit asset management plan’ duced, or manufactured in foreign countries ter. The Secretary shall publish annually a means a plan developed by a recipient of in projects carried out with that assistance list of all certifications required under this funding under this chapter that— or restricts a recipient of that assistance chapter with the publication required under ‘‘(A) includes, at a minimum, capital asset from complying with those State-imposed section 5336(d)(2). inventories and condition assessments, deci- requirements. ‘‘(p) GRANT REQUIREMENTS.—The grant re- sion support tools, and investment ‘‘(8) OPPORTUNITY TO CORRECT INADVERTENT quirements under sections 5307, 5309, and 5337 prioritization; and ERROR.—The Secretary may allow a manu- apply to any project under this chapter that ‘‘(B) the recipient certifies complies with facturer or supplier of steel, iron, or manu- receives any assistance or other financing the rule issued under this section. factured goods to correct after bid opening under chapter 6 (other than section 609) of ‘‘(3) TRANSIT ASSET MANAGEMENT SYSTEM.— any certification of noncompliance or failure title 23. The term ‘transit asset management system’ to properly complete the certification (but ‘‘(q) ALTERNATIVE FUELING FACILITIES.—A means a strategic and systematic process of not including failure to sign the certifi- recipient of assistance under this chapter operating, maintaining, and improving pub- cation) under this subsection if such manu- may allow the incidental use of federally lic transportation capital assets effectively facturer or supplier attests under penalty of funded alternative fueling facilities and throughout the life cycle of such assets. perjury that such manufacturer or supplier equipment by nontransit public entities and ‘‘(b) TRANSIT ASSET MANAGEMENT SYS- submitted an incorrect certification as a re- private entities if— TEM.—The Secretary shall establish and im- sult of an inadvertent or clerical error. The ‘‘(1) the incidental use does not interfere plement a national transit asset manage- burden of establishing inadvertent or cler- with the recipient’s public transportation ment system, which shall include— ical error is on the manufacturer or supplier. operations; ‘‘(1) a definition of the term ‘state of good ‘‘(9) ADMINISTRATIVE REVIEW.—A party ad- ‘‘(2) all costs related to the incidental use repair’ that includes objective standards for versely affected by an agency action under are fully recaptured by the recipient from measuring the condition of capital assets of this subsection shall have the right to seek the nontransit public entity or private enti- recipients, including equipment, rolling review under section 702 of title 5. ty; stock, infrastructure, and facilities;

VerDate Mar 15 2010 01:58 Mar 08, 2012 Jkt 099060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S17FE2.REC S17FE2 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 17, 2012 CONGRESSIONAL RECORD — SENATE S953 ‘‘(2) a requirement that recipients and sub- (A) in paragraph (1), by striking ‘‘sub- ‘‘(D) a process and timeline for conducting recipients of Federal financial assistance section (c) of this section’’ and inserting an annual review and update of the safety under this chapter develop a transit asset ‘‘section 5338(g)’’; and plan of the recipient; management plan; (B) in paragraph (2)— ‘‘(E) performance targets based on the safe- ‘‘(3) a requirement that each recipient of (i) by striking ‘‘preliminary engineering ty performance criteria and state of good re- Federal financial assistance under this chap- stage’’ and inserting ‘‘project development pair standards established under subpara- ter report on the condition of the system of phase’’; and graphs (A) and (B), respectively, of sub- the recipient and provide a description of (ii) by striking ‘‘another stage’’ and insert- section (b)(2); any change in condition since the last re- ing ‘‘another phase’’. ‘‘(F) assignment of an adequately trained port; SEC. 20021. PUBLIC TRANSPORTATION SAFETY. safety officer who reports directly to the ‘‘(4) an analytical process or decision sup- (a) PUBLIC TRANSPORTATION SAFETY PRO- general manager, president, or equivalent of- port tool for use by public transportation GRAM.—Section 5329 of title 49, United States ficer of the recipient; and systems that— Code, is amended to read as follows: ‘‘(G) a comprehensive staff training pro- ‘‘(A) allows for the estimation of capital ‘‘§ 5329. Public transportation safety program gram for the operations personnel and per- investment needs of such systems over time; ‘‘(a) DEFINITION.—In this section, the term sonnel directly responsible for safety of the and ‘recipient’ means a State or local govern- recipient that includes— ‘‘(B) assists with asset investment mental authority, or any other operator of a ‘‘(i) the completion of a safety training prioritization by such systems; and public transportation system, that receives program; and ‘‘(5) technical assistance to recipients of financial assistance under this chapter. ‘‘(ii) continuing safety education and Federal financial assistance under this chap- ‘‘(b) NATIONAL PUBLIC TRANSPORTATION training. ter. SAFETY PLAN.— ‘‘(2) INTERIM AGENCY SAFETY PLAN.—A sys- ‘‘(c) PERFORMANCE MEASURES AND TAR- ‘‘(1) IN GENERAL.—The Secretary shall cre- tem safety plan developed pursuant to part GETS.— ate and implement a national public trans- 659 of title 49, Code of Federal Regulations, ‘‘(1) IN GENERAL.—Not later than 1 year portation safety plan to improve the safety as in effect on the date of enactment of the after the date of enactment of the Federal of all public transportation systems that re- Federal Public Transportation Act of 2012, Public Transportation Act of 2012, the Sec- ceive funding under this chapter. shall remain in effect until such time as this retary shall issue a final rule to establish ‘‘(2) CONTENTS OF PLAN.—The national pub- subsection takes effect. performance measures based on the state of lic transportation safety plan under para- ‘‘(e) STATE SAFETY OVERSIGHT PROGRAM.— graph (1) shall include— good repair standards established under sub- ‘‘(1) APPLICABILITY.—This subsection ap- section (b)(1). ‘‘(A) safety performance criteria for all plies only to eligible States. modes of public transportation; ‘‘(2) TARGETS.—Not later than 3 months ‘‘(2) DEFINITION.—In this subsection, the after the date on which the Secretary issues ‘‘(B) the definition of the term ‘state of term ‘eligible State’ means a State that a final rule under paragraph (1), and each fis- good repair’ established under section has— cal year thereafter, each recipient of Federal 5326(b); ‘‘(A) a rail fixed guideway public transpor- ‘‘(C) minimum safety performance stand- financial assistance under this chapter shall tation system within the jurisdiction of the ards for public transportation vehicles used establish performance targets in relation to State that is not subject to regulation by the in revenue operations that— the performance measures established by the Federal Railroad Administration; or ‘‘(i) do not apply to rolling stock otherwise Secretary. ‘‘(B) a rail fixed guideway public transpor- regulated by the Secretary or any other Fed- ‘‘(3) REPORTS.—Each recipient of Federal tation system in the engineering or con- eral agency; and financial assistance under this chapter shall struction phase of development within the ‘‘(ii) to the extent practicable, take into submit to the Secretary an annual report jurisdiction of the State that will not be sub- consideration— that describes— ject to regulation by the Federal Railroad ‘‘(I) relevant recommendations of the Na- ‘‘(A) the progress of the recipient during Administration. the fiscal year to which the report relates to- tional Transportation Safety Board; and ‘‘(II) recommendations of, and best prac- ‘‘(3) IN GENERAL.—In order to obligate ward meeting the performance targets estab- funds apportioned under section 5338 to carry lished under paragraph (2) for that fiscal tices standards developed by, the public transportation industry; and out this chapter, effective 3 years after the year; and date on which a final rule under this sub- ‘‘(B) the performance targets established ‘‘(D) a public transportation safety certifi- cation training program, as described in sub- section becomes effective, an eligible State by the recipient for the subsequent fiscal shall have in effect a State safety oversight year. section (c). ‘‘(c) PUBLIC TRANSPORTATION SAFETY CER- program approved by the Secretary under ‘‘(d) RULEMAKING.—Not later than 1 year TIFICATION TRAINING PROGRAM.— which the State— after the date of enactment of the Federal ‘‘(1) IN GENERAL.—The Secretary shall es- ‘‘(A) assumes responsibility for overseeing Public Transportation Act of 2012, the Sec- tablish a public transportation safety certifi- rail fixed guideway public transportation retary shall issue a final rule to implement cation training program for Federal and safety; the transit asset management system de- State employees, or other designated per- ‘‘(B) adopts and enforces Federal law on scribed in subsection (b).’’. sonnel, who conduct safety audits and ex- rail fixed guideway public transportation SEC. 20020. PROJECT MANAGEMENT OVERSIGHT. aminations of public transportation systems safety; Section 5327 of title 49, United States Code, and employees of public transportation agen- ‘‘(C) establishes a State safety oversight is amended— cies directly responsible for safety oversight. agency; (1) in subsection (a)— ‘‘(2) INTERIM PROVISIONS.—Not later than 90 ‘‘(D) determines, in consultation with the (A) in the matter preceding paragraph (1), days after the date of enactment of the Fed- Secretary, an appropriate staffing level for by striking ‘‘United States’’ and all that fol- eral Public Transportation Act of 2012, the the State safety oversight agency that is lows through ‘‘Secretary of Transportation’’ Secretary shall establish interim provisions commensurate with the number, size, and and inserting the following: ‘‘Federal finan- for the certification and training of the per- complexity of the rail fixed guideway public cial assistance for a major capital project for sonnel described in paragraph (1), which transportation systems in the eligible State; public transportation under this chapter or shall be in effect until the effective date of ‘‘(E) requires that employees and other any other provision of Federal law, a recipi- the final rule issued by the Secretary to im- designated personnel of the eligible State ent must prepare a project management plan plement this subsection. safety oversight agency who are responsible approved by the Secretary and carry out the ‘‘(d) PUBLIC TRANSPORTATION AGENCY SAFE- for rail fixed guideway public transportation project in accordance with the project man- TY PLAN.— safety oversight are qualified to perform agement plan’’; and ‘‘(1) IN GENERAL.—Effective 1 year after the such functions through appropriate training, (B) in paragraph (12), by striking ‘‘each effective date of a final rule issued by the including successful completion of the public month’’ and inserting ‘‘quarterly’’; Secretary to carry out this subsection, each transportation safety certification training (2) by striking subsections (c), (d), and (f); recipient shall certify that the recipient has program established under subsection (c); (3) by inserting after subsection (b) the fol- established a comprehensive agency safety and lowing: plan that includes, at a minimum— ‘‘(F) prohibits any public transportation ‘‘(c) ACCESS TO SITES AND RECORDS.—Each ‘‘(A) a requirement that the board of direc- agency from providing funds to the State recipient of Federal financial assistance for tors (or equivalent entity) of the recipient safety oversight agency or an entity des- public transportation under this chapter or approve the agency safety plan and any up- ignated by the eligible State as the State any other provision of Federal law shall pro- dates to the agency safety plan; safety oversight agency under paragraph (4). vide the Secretary and a contractor the Sec- ‘‘(B) methods for identifying and evalu- ‘‘(4) STATE SAFETY OVERSIGHT AGENCY.— retary chooses under section 5338(g) with ac- ating safety risks throughout all elements of ‘‘(A) IN GENERAL.—Each State safety over- cess to the construction sites and records of the public transportation system of the re- sight program shall establish a State safety the recipient when reasonably necessary.’’; cipient; oversight agency that— (4) by redesignating subsection (e) as sub- ‘‘(C) strategies to minimize the exposure of ‘‘(i) is an independent legal entity respon- section (d); and the public, personnel, and property to haz- sible for the safety of rail fixed guideway (5) in subsection (d), as so redesignated— ards and unsafe conditions; public transportation systems;

VerDate Mar 15 2010 01:58 Mar 08, 2012 Jkt 099060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S17FE2.REC S17FE2 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S954 CONGRESSIONAL RECORD — SENATE February 17, 2012 ‘‘(ii) is financially and legally independent days before the effective date of the amend- the State safety oversight program to the from any public transportation entity that ment. Secretary for approval. the State safety oversight agency oversees; ‘‘(B) DETERMINATION BY SECRETARY.— ‘‘(B) FAILURE TO CORRECT.—If the Secretary ‘‘(iii) does not fund, promote, or provide ‘‘(i) IN GENERAL.—The Secretary shall determines that a modification by an eligi- public transportation services; transmit written approval to an eligible ble State of the State safety oversight pro- ‘‘(iv) does not employ any individual who State that submits a State safety oversight gram is not sufficient to ensure the enforce- is also responsible for the administration of program, if the Secretary determines the ment of Federal safety regulations, the Sec- public transportation programs; State safety oversight program meets the re- retary may— ‘‘(v) has the authority to review, approve, quirements of this subsection and the State ‘‘(i) withhold funds available under this oversee, and enforce the implementation by safety oversight program is adequate to pro- section in an amount determined by the Sec- the rail fixed guideway public transportation mote the purposes of this section. retary; or agency of the public transportation agency ‘‘(ii) AMENDMENT.—The Secretary shall ‘‘(ii) provide written notice of withdrawal safety plan required under subsection (d); transmit to an eligible State that submits an of State safety oversight program approval. ‘‘(vi) has investigative and enforcement amendment under subparagraph (A)(ii) a ‘‘(C) TEMPORARY OVERSIGHT.—In the event authority with respect to the safety of rail written determination with respect to the the Secretary takes action under subpara- fixed guideway public transportation sys- amendment. graph (B)(ii), the Secretary shall provide tems of the eligible State; ‘‘(iii) NO WRITTEN DECISION.—If an eligible oversight of the rail fixed guideway systems ‘‘(vii) audits, at least once triennially, the State does not receive a written decision in an eligible State until the State submits from the Secretary with respect to an a State safety oversight program approved compliance of the rail fixed guideway public amendment submitted under subparagraph by the Secretary. transportation systems in the eligible State (A)(ii) before the end of the 60-day period be- ‘‘(D) RESTORATION.— subject to this subsection with the public ginning on the date on which the eligible ‘‘(i) CORRECTION.—The eligible State shall transportation agency safety plan required State submits the amendment, the amend- address any inadequacy to the satisfaction of under subsection (d); and ment shall be deemed to be approved. the Secretary prior to the Secretary restor- ‘‘(viii) provides, at least once annually, a ‘‘(iv) DISAPPROVAL.—If the Secretary deter- ing funds withheld under this paragraph. status report on the safety of the rail fixed mines that a State safety oversight program ‘‘(ii) AVAILABILITY AND REALLOCATION.— guideway public transportation systems the does not meet the requirements of this sub- Any funds withheld under this paragraph State safety oversight agency oversees to— section, the Secretary shall transmit to the shall remain available for restoration to the ‘‘(I) the Federal Transit Administration; eligible State a written explanation and eligible State until the end of the first fiscal ‘‘(II) the Governor of the eligible State; allow the eligible State to modify and resub- year after the fiscal year in which the funds and mit the State safety oversight program for were withheld, after which time the funds ‘‘(III) the board of directors, or equivalent approval. shall be available to the Secretary for allo- entity, of any rail fixed guideway public ‘‘(C) GOVERNMENT SHARE.— cation to other eligible States under this transportation system that the State safety ‘‘(i) IN GENERAL.—The Government share of section. oversight agency oversees. the reasonable cost of a State safety over- ‘‘(10) FEDERAL OVERSIGHT.—The Secretary ‘‘(B) WAIVER.—At the request of an eligible sight program developed or carried out using shall— State, the Secretary may waive clauses (i) a grant under this paragraph shall be 80 per- ‘‘(A) oversee the implementation of each and (iii) of subparagraph (A) for eligible cent. State safety oversight program under this States with 1 or more rail fixed guideway ‘‘(ii) IN-KIND CONTRIBUTIONS.—Any calcula- subsection; systems in revenue operations, design, or tion of the non-Government share of a State ‘‘(B) audit the operations of each State construction, that— safety oversight program shall include in- safety oversight agency at least once tri- ‘‘(i) have fewer than 1,000,000 combined ac- kind contributions by an eligible State. ennially; and tual and projected rail fixed guideway rev- ‘‘(iii) NON-GOVERNMENT SHARE.—The non- ‘‘(C) issue rules to carry out this sub- enue miles per year; or Government share of the cost of a State safe- section. ‘‘(ii) provide fewer than 10,000,000 combined ty oversight program developed or carried ‘‘(f) AUTHORITY OF SECRETARY.—In carrying actual and projected unlinked passenger out using a grant under this paragraph may out this section, the Secretary may— trips per year. not be met by— ‘‘(1) conduct inspections, investigations, ‘‘(5) ENFORCEMENT.—Each State safety ‘‘(I) any Federal funds; audits, examinations, and testing of the oversight agency shall have the authority to ‘‘(II) any funds received from a public equipment, facilities, rolling stock, and op- request that the Secretary take enforcement transportation agency; or erations of the public transportation system actions available under subsection (g) ‘‘(III) any revenues earned by a public of a recipient; against a rail fixed guideway public trans- transportation agency. ‘‘(2) make reports and issue directives with portation system that is not in compliance ‘‘(iv) SAFETY TRAINING PROGRAM.—The Sec- respect to the safety of the public transpor- with Federal safety laws. retary may reimburse an eligible State or a tation system of a recipient; ‘‘(6) PROGRAMS FOR MULTI-STATE RAIL FIXED recipient for the full costs of participation in ‘‘(3) in conjunction with an accident inves- GUIDEWAY PUBLIC TRANSPORTATION SYS- the public transportation safety certifi- tigation or an investigation into a pattern or TEMS.—An eligible State that has within the cation training program established under practice of conduct that negatively affects jurisdiction of the eligible State a rail fixed subsection (c) by an employee of a State public safety, issue a subpoena to, and take guideway public transportation system that safety oversight agency or a recipient who is the deposition of, any employee of a recipi- operates in more than 1 eligible State shall— directly responsible for safety oversight. ent or a State safety oversight agency, if— ‘‘(A) jointly with all other eligible States ‘‘(8) CONTINUAL EVALUATION OF PROGRAM.— ‘‘(A) before the issuance of the subpoena, in which the rail fixed guideway public The Secretary shall continually evaluate the the Secretary requests a determination by transportation system operates, ensure uni- implementation of a State safety oversight the Attorney General of the United States as form safety standards and enforcement pro- program by a State safety oversight agency, to whether the subpoena will interfere with cedures that shall be in compliance with this on the basis of— an ongoing criminal investigation; and section, and establish and implement a State ‘‘(A) reports submitted by the State safety ‘‘(B) the Attorney General— safety oversight program approved by the oversight agency under paragraph ‘‘(i) determines that the subpoena will not Secretary; or (4)(A)(viii); and interfere with an ongoing criminal investiga- ‘‘(B) jointly with all other eligible States ‘‘(B) audits carried out by the Secretary. tion; or in which the rail fixed guideway public ‘‘(9) INADEQUATE PROGRAM.— ‘‘(ii) fails to make a determination under transportation system operates, designate an ‘‘(A) IN GENERAL.—If the Secretary finds clause (i) before the date that is 30 days after entity having characteristics consistent with that a State safety oversight program ap- the date on which the Secretary makes a re- the characteristics described in paragraph (3) proved by the Secretary is not being carried quest under subparagraph (A); to carry out the State safety oversight pro- out in accordance with this section or has ‘‘(4) require the production of documents gram approved by the Secretary. become inadequate to ensure the enforce- by, and prescribe recordkeeping and report- ‘‘(7) GRANTS.— ment of Federal safety regulations, the Sec- ing requirements for, a recipient or a State ‘‘(A) IN GENERAL.—The Secretary may retary shall— safety oversight agency; make a grant to an eligible State to develop ‘‘(i) transmit to the eligible State a writ- ‘‘(5) investigate public transportation acci- or carry out a State safety oversight pro- ten explanation of the reason the program dents and incidents and provide guidance to gram, if the eligible State submits— has become inadequate and inform the State recipients regarding prevention of accidents ‘‘(i) a proposal for the establishment of a of the intention to withhold funds, including and incidents; State safety oversight program to the Sec- the amount of funds proposed to be withheld ‘‘(6) at reasonable times and in a reason- retary for review and written approval before under this section, or withdraw approval of able manner, enter and inspect equipment, implementing a State safety oversight pro- the State safety oversight program; and facilities, rolling stock, operations, and rel- gram; and ‘‘(ii) allow the eligible State a reasonable evant records of the public transportation ‘‘(ii) any amendment to the State safety period of time to modify the State safety system of a recipient; and oversight program of the eligible State to oversight program or implementation of the ‘‘(7) issue rules to carry out this section. the Secretary for review not later than 60 program and submit an updated proposal for ‘‘(g) ENFORCEMENT ACTIONS.—

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‘‘(1) TYPES OF ENFORCEMENT ACTIONS.—The ‘‘(B) NOTICE.—Before imposing a civil pen- action under State law seeking damages for Secretary may take enforcement action alty on a recipient under paragraph (1)(F), personal injury, death, or property damage against a recipient that does not comply the Secretary shall provide to the recipient— alleging that a party has failed to comply with Federal law with respect to the safety ‘‘(i) written notice of any violation and the with— of the public transportation system, includ- penalty proposed to be imposed; and ‘‘(i) a Federal standard of care established ing— ‘‘(ii) a reasonable period of time within by a regulation or order issued by the Sec- ‘‘(A) issuing directives; which the recipient may address the viola- retary under this section; ‘‘(B) requiring more frequent oversight of tion or propose and initiate an alternative ‘‘(ii) its own program, rule, or standard the recipient by a State safety oversight means of compliance that the Secretary de- that it created pursuant to a rule or order agency or the Secretary; termines is acceptable. issued by the Secretary; or ‘‘(C) imposing more frequent reporting re- ‘‘(C) FAILURE TO ADDRESS.—If the recipient ‘‘(iii) a State law, regulation, or order that quirements; does not address the violation or propose an is not incompatible with paragraph (2). ‘‘(D) requiring that any Federal financial alternative means of compliance that the ‘‘(B) EFFECTIVE DATE.—This paragraph assistance provided under this chapter be Secretary determines is acceptable within shall apply to any cause of action under spent on correcting safety deficiencies iden- the period of time specified in the written State law arising from an event or activity tified by the Secretary or the State safety notice, the Secretary may impose a civil occurring on or after the date of enactment oversight agency before such funds are spent penalty under paragraph (1)(F). of the Federal Public Transportation Act of on other projects; ‘‘(D) NOTIFICATION.—Not later than 3 days 2012. before taking any action under subparagraph ‘‘(E) subject to paragraph (2), withholding ‘‘(5) JURISDICTION.—Nothing in this section (C), the Secretary shall notify the Com- Federal financial assistance, in an amount to shall be construed to create a cause of action mittee on Banking, Housing, and Urban Af- be determined by the Secretary, from the re- under Federal law on behalf of an injured fairs of the Senate and the Committee on cipient, until such time as the recipient party or confer Federal question jurisdiction Transportation and Infrastructure of the comes into compliance with this section; and for a State law cause of action. House of Representatives of such action. ‘‘(F) subject to paragraph (3), imposing a ‘‘(k) ANNUAL REPORT.—The Secretary shall ‘‘(E) DEPOSIT OF CIVIL PENALTIES.—Any civil penalty, in an amount to be determined submit to the Committee on Banking, Hous- amounts collected by the Secretary under by the Secretary. ing, and Urban Affairs of the Senate and the this paragraph shall be deposited into the ‘‘(2) USE OR WITHHOLDING OF FUNDS.— Committee on Transportation and Infra- Mass Transit Account of the Highway Trust ‘‘(A) IN GENERAL.—The Secretary may re- structure of the House of Representatives an Fund. quire the use of funds in accordance with annual report that— ‘‘(4) ENFORCEMENT BY THE ATTORNEY GEN- paragraph (1)(D), or withhold funds under ‘‘(1) analyzes public transportation safety ERAL.—At the request of the Secretary, the paragraph (1)(E), only if the Secretary finds trends among the States and documents the Attorney General may bring a civil action— that a recipient is engaged in a pattern or most effective safety programs implemented ‘‘(A) for appropriate injunctive relief to en- practice of serious safety violations or has using grants under this section; and sure compliance with this section; otherwise refused to comply with Federal ‘‘(2) describes the effect on public transpor- ‘‘(B) to collect a civil penalty imposed law relating to the safety of the public trans- tation safety of activities carried out using under paragraph (1)(F); and portation system. grants under this section.’’. ‘‘(C) to enforce a subpoena, request for ad- ‘‘(B) NOTICE.—Before withholding funds (b) BUS SAFETY STUDY.— missions, request for production of docu- from a recipient under paragraph (1)(E), the (1) DEFINITION.—In this subsection, the ments or other tangible things, or request Secretary shall provide to the recipient— term ‘‘highway route’’ means a route where for testimony by deposition issued by the ‘‘(i) written notice of a violation and the 50 percent or more of the route is on roads Secretary under this section. amount proposed to be withheld; and having a speed limit of more than 45 miles ‘‘(h) COST-BENEFIT ANALYSIS.— ‘‘(ii) a reasonable period of time within per hour. ‘‘(1) ANALYSIS REQUIRED.—In carrying out which the recipient may address the viola- (2) STUDY.—Not later than 180 days after this section, the Secretary shall take into the date of enactment of this Act, the Sec- tion or propose and initiate an alternative consideration the costs and benefits of each means of compliance that the Secretary de- retary of Transportation shall submit to the action the Secretary proposes to take under Committee on Banking, Housing, and Urban termines is acceptable. this section. ‘‘(C) FAILURE TO ADDRESS.—If the recipient Affairs of the Senate and the Committee on ‘‘(2) WAIVER.—The Secretary may waive does not address the violation or propose an Transportation and Infrastructure of the the requirement under this subsection if the House of Representatives a report that— alternative means of compliance that the Secretary determines that such a waiver is Secretary determines is acceptable within (A) examines the safety of public transpor- in the public interest. tation buses that travel on highway routes; the period of time specified in the written ‘‘(i) CONSULTATION BY THE SECRETARY OF notice, the Secretary may withhold funds (B) examines laws and regulations that HOMELAND SECURITY.—The Secretary of apply to commercial over-the-road buses; under paragraph (1)(E). Homeland Security shall consult with the and ‘‘(D) RESTORATION.— Secretary of Transportation before the Sec- (C) makes recommendations as to whether ‘‘(i) CORRECTION.—The recipient shall ad- retary of Homeland Security issues a rule or additional safety measures should be re- dress any violation to the satisfaction of the order that the Secretary of Transportation quired for public transportation buses that Secretary prior to the Secretary restoring determines affects the safety of public trans- funds withheld under paragraph (1)(E). portation design, construction, or oper- travel on highway routes. ‘‘(ii) AVAILABILITY AND REALLOCATION.— ations. SEC. 20022. ALCOHOL AND CONTROLLED SUB- Any funds withheld under paragraph (1)(E) ‘‘(j) PREEMPTION OF STATE LAW.— STANCES TESTING. shall remain available for restoration to the ‘‘(1) NATIONAL UNIFORMITY OF REGULA- Section 5331(b)(2) of title 49, United States recipient until the end of the first fiscal year TION.—Laws, regulations, and orders related Code, is amended— after the fiscal year in which the funds were to public transportation safety shall be na- (1) by redesignating subparagraphs (A) and withheld, after which time the funds shall be tionally uniform to the extent practicable. (B) as subparagraphs (B) and (C), respec- available to the Secretary for allocation to ‘‘(2) IN GENERAL.—A State may adopt or tively; and other eligible recipients. continue in force a law, regulation, or order (2) by inserting before subparagraph (B), as ‘‘(E) NOTIFICATION.—Not later than 3 days related to the safety of public transportation so redesignated, the following: before taking any action under subparagraph until the Secretary issues a rule or order ‘‘(A) shall establish and implement an en- (C), the Secretary shall notify the Com- covering the subject matter of the State re- forcement program that includes the imposi- mittee on Banking, Housing, and Urban Af- quirement. tion of penalties for failure to comply with fairs of the Senate and the Committee on ‘‘(3) MORE STRINGENT LAW.—A State may this section;’’. Transportation and Infrastructure of the adopt or continue in force a law, regulation, SEC. 20023. NONDISCRIMINATION. House of Representatives of such action. or order related to the safety of public trans- (a) AMENDMENTS.—Section 5332 of title 49, ‘‘(3) CIVIL PENALTIES.— portation that is consistent with, in addition United States Code, is amended— ‘‘(A) IMPOSITION OF CIVIL PENALTIES.— to, or more stringent than a regulation or (1) in subsection (b)— ‘‘(i) IN GENERAL.—The Secretary may im- order of the Secretary if the Secretary deter- (A) by striking ‘‘creed’’ and inserting ‘‘reli- pose a civil penalty under paragraph (1)(F) mines that the law, regulation, or order— gion’’; and only if— ‘‘(A) has a safety benefit; (B) by inserting ‘‘disability,’’ after ‘‘sex,’’; ‘‘(I) the Secretary has exhausted the en- ‘‘(B) is not incompatible with a law, regu- and forcement actions available under subpara- lation, or order, or the terms and conditions (2) in subsection (d)(3), by striking ‘‘and’’ graphs (A) through (E) of paragraph (1); and of a financial assistance agreement of the and inserting ‘‘or’’. ‘‘(II) the recipient continues to be in viola- United States Government; and (b) EVALUATION AND REPORT.— tion of Federal safety law. ‘‘(C) does not unreasonably burden inter- (1) EVALUATION.—The Comptroller General ‘‘(ii) EXCEPTION.—The Secretary may waive state commerce. of the United States shall evaluate the the requirement under clause (i)(I) if the ‘‘(4) ACTIONS UNDER STATE LAW.— progress and effectiveness of the Federal Secretary determines that such a waiver is ‘‘(A) RULE OF CONSTRUCTION.—Nothing in Transit Administration in assisting recipi- in the public interest. this section shall be construed to preempt an ents of assistance under chapter 53 of title

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Apportionment of appropriations for miles and passengers served otherwise would tion 5332(b) of title 49, including— formula grants be attributable to an urbanized area with a (A) by reviewing discrimination com- ‘‘(a) BASED ON URBANIZED AREA POPU- population of at least 1,000,000 in an adjacent plaints, reports, and other relevant informa- LATION.—Of the amount apportioned under State, are attributable to the governmental tion collected or prepared by the Federal subsection (h)(4) to carry out section 5307— authority in the State in which the urban- Transit Administration or recipients of as- ‘‘(1) 9.32 percent shall be apportioned each ized area with a population of less than sistance from the Federal Transit Adminis- fiscal year only in urbanized areas with a 200,000 is located. The authority is deemed an tration pursuant to any applicable civil population of less than 200,000 so that each of urbanized area with a population of at least rights statute, regulation, or other require- those areas is entitled to receive an amount 200,000 if the authority makes a contract for ment; and equal to— the service. (B) by reviewing the process that the Fed- ‘‘(A) 50 percent of the total amount appor- ‘‘(D) A recipient’s apportionment under eral Transit Administration uses to resolve tioned multiplied by a ratio equal to the pop- subparagraph (A)(i) of this paragraph may discrimination complaints filed by members ulation of the area divided by the total popu- not be reduced if the recipient, after satis- of the public. lation of all urbanized areas with popu- fying the Secretary that energy or operating (2) REPORT.—Not later than 1 year after lations of less than 200,000 as shown in the efficiencies would be achieved, reduces vehi- the date of enactment of this Act, the Comp- most recent decennial census; and cle revenue miles but provides the same fre- troller General shall submit to the Com- ‘‘(B) 50 percent of the total amount appor- quency of revenue service to the same num- mittee on Banking, Housing, and Urban Af- tioned multiplied by a ratio for the area ber of riders. fairs of the Senate and the Committee on based on population weighted by a factor, es- ‘‘(c) BASED ON BUS VEHICLE REVENUE MILES AND PASSENGER MILES.—Of the amount ap- Transportation and Infrastructure of the tablished by the Secretary, of the number of portioned under subsection (a)(2) of this sec- House of Representatives a report con- inhabitants in each square mile; and tion, 66.71 percent shall be apportioned as cerning the evaluation under paragraph (1) ‘‘(2) 90.68 percent shall be apportioned each follows: that includes— fiscal year only in urbanized areas with pop- ‘‘(1) 90.8 percent of the total amount appor- (A) a description of the ability of the Fed- ulations of at least 200,000 as provided in sub- tioned under this subsection shall be appor- eral Transit Administration to address dis- sections (b) and (c) of this section. tioned as follows: crimination and foster equal opportunities in ‘‘(b) BASED ON FIXED GUIDEWAY VEHICLE ‘‘(A) 73.39 percent of the 90.8 percent appor- federally funded public transportation REVENUE MILES, DIRECTIONAL ROUTE MILES, tioned under this paragraph shall be appor- projects, programs, and activities; AND PASSENGER MILES.—(1) In this sub- tioned so that each urbanized area with a (B) recommendations for improvements if section, ‘fixed guideway vehicle revenue population of at least 1,000,000 is entitled to the Comptroller General determines that im- miles’ and ‘fixed guideway directional route receive an amount equal to— provements are necessary; and miles’ include passenger ferry operations di- ‘‘(i) 50 percent of the 73.39 percent appor- (C) information upon which the evaluation rectly or under contract by the designated tioned under this subparagraph multiplied under paragraph (1) is based. recipient. ‘‘(2) Of the amount apportioned under sub- by a ratio equal to the total bus vehicle rev- SEC. 20024. LABOR STANDARDS. enue miles operated in or directly serving Section 5333(b) of title 49, United States section (a)(2) of this section, 33.29 percent shall be apportioned as follows: the urbanized area divided by the total bus Code, is amended— vehicle revenue miles attributable to all (1) in paragraph (1), by striking ‘‘sections ‘‘(A) 95.61 percent of the total amount ap- portioned under this subsection shall be ap- areas; 5307-5312, 5316, 5318, 5323(a)(1), 5323(b), 5323(d), ‘‘(ii) 25 percent of the 73.39 percent appor- 5328, 5337, and 5338(b)’’ each place that term portioned so that each urbanized area with a population of at least 200,000 is entitled to tioned under this subparagraph multiplied appears and inserting ‘‘sections 5307, 5308, by a ratio equal to the population of the area 5309, 5311, and 5337’’; and receive an amount equal to— ‘‘(i) 60 percent of the 95.61 percent appor- divided by the total population of all areas, (2) in paragraph (5), by inserting ‘‘of as shown in the most recent decennial cen- Labor’’ after ‘‘Secretary’’. tioned under this subparagraph multiplied by a ratio equal to the number of fixed sus; and SEC. 20025. ADMINISTRATIVE PROVISIONS. guideway vehicle revenue miles attributable ‘‘(iii) 25 percent of the 73.39 percent appor- Section 5334 of title 49, United States Code, tioned under this subparagraph multiplied to the area, as established by the Secretary, is amended— by a ratio for the area based on population divided by the total number of all fixed (1) in subsection (a)(1), by striking ‘‘under weighted by a factor, established by the Sec- guideway vehicle revenue miles attributable sections 5307 and 5309-5311 of this title’’ and retary, of the number of inhabitants in each to all areas; and inserting ‘‘that receives Federal financial as- square mile. ‘‘(ii) 40 percent of the 95.61 percent appor- sistance under this chapter’’; ‘‘(B) 26.61 percent of the 90.8 percent appor- tioned under this subparagraph multiplied (2) in subsection (b)(1)— tioned under this paragraph shall be appor- by a ratio equal to the number of fixed (A) by inserting after ‘‘emergency,’’ the tioned so that each urbanized area with a guideway directional route miles attrib- following: ‘‘or for purposes of establishing population of at least 200,000 but not more utable to the area, established by the Sec- and enforcing a program to improve the safe- than 999,999 is entitled to receive an amount retary, divided by the total number of all ty of public transportation systems in the equal to— fixed guideway directional route miles at- United States,’’; and ‘‘(i) 50 percent of the 26.61 percent appor- tributable to all areas. (B) by striking ‘‘chapter, nor may the Sec- tioned under this subparagraph multiplied retary’’ and inserting ‘‘chapter. The Sec- An urbanized area with a population of at by a ratio equal to the total bus vehicle rev- retary may not’’; least 750,000 in which commuter rail trans- enue miles operated in or directly serving (3) in subsection (c)(4), by striking ‘‘section portation is provided shall receive at least the urbanized area divided by the total bus (except subsection (i)) and sections 5318(e), .75 percent of the total amount apportioned vehicle revenue miles attributable to all 5323(a)(2), 5325(a), 5325(b), and 5325(f)’’ and in- under this subparagraph. areas; serting ‘‘subsection’’; ‘‘(B) 4.39 percent of the total amount ap- ‘‘(ii) 25 percent of the 26.61 percent appor- (4) in subsection (h)(3), by striking ‘‘an- portioned under this subsection shall be ap- tioned under this subparagraph multiplied other’’ and inserting ‘‘any other’’; portioned so that each urbanized area with a by a ratio equal to the population of the area (5) in subsection (i)(1), by striking ‘‘title 23 population of at least 200,000 is entitled to divided by the total population of all areas, shall’’ and inserting ‘‘title 23 may’’; receive an amount equal to— as shown by the most recent decennial cen- (6) by striking subsection (j); and ‘‘(i) the number of fixed guideway vehicle sus; and (7) by redesignating subsections (k) and (l) passenger miles traveled multiplied by the ‘‘(iii) 25 percent of the 26.61 percent appor- as subsections (j) and (k), respectively. number of fixed guideway vehicle passenger tioned under this subparagraph multiplied SEC. 20026. NATIONAL TRANSIT DATABASE. miles traveled for each dollar of operating by a ratio for the area based on population Section 5335 of title 49, United States Code, cost in an area; divided by weighted by a factor, established by the Sec- is amended by adding at the end the fol- ‘‘(ii) the total number of fixed guideway retary, of the number of inhabitants in each lowing: vehicle passenger miles traveled multiplied square mile. ‘‘(c) DATA REQUIRED TO BE REPORTED.—The by the total number of fixed guideway vehi- ‘‘(2) 9.2 percent of the total amount appor- recipient of a grant under this chapter shall cle passenger miles traveled for each dollar tioned under this subsection shall be appor- report to the Secretary, for inclusion in the of operating cost in all areas. tioned so that each urbanized area with a National Transit Database, any information An urbanized area with a population of at population of at least 200,000 is entitled to relating to— least 750,000 in which commuter rail trans- receive an amount equal to— ‘‘(1) the causes of a reportable incident, as portation is provided shall receive at least ‘‘(A) the number of bus passenger miles defined by the Secretary; and .75 percent of the total amount apportioned traveled multiplied by the number of bus ‘‘(2) a transit asset inventory or condition under this subparagraph. passenger miles traveled for each dollar of assessment conducted by the recipient.’’. ‘‘(C) Under subparagraph (A) of this para- operating cost in an area; divided by SEC. 20027. APPORTIONMENT OF APPROPRIA- graph, fixed guideway vehicle revenue or di- ‘‘(B) the total number of bus passenger TIONS FOR FORMULA GRANTS. rectional route miles, and passengers served miles traveled multiplied by the total num- Section 5336 of title 49, United States Code, on those miles, in an urbanized area with a ber of bus passenger miles traveled for each is amended to read as follows: population of less than 200,000, where the dollar of operating cost in all areas.

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‘‘(d) DATE OF APPORTIONMENT.—The Sec- lation of less than 200,000 that meets or ex- ‘‘(A) includes, at a minimum, capital asset retary shall— ceeds in one or more performance categories inventories and condition assessments, deci- ‘‘(1) apportion amounts appropriated under the industry average for all urbanized areas sion support tools, and investment section 5338(a)(2)(C) of this title to carry out with a population of at least 200,000 but not prioritization; and section 5307 of this title not later than the more than 999,999, as determined by the Sec- ‘‘(B) the recipient certifies that the recipi- 10th day after the date the amounts are ap- retary in accordance with subsection (c)(2). ent complies with the rule issued under sec- propriated or October 1 of the fiscal year for ‘‘(B) PERFORMANCE CATEGORY.—The term tion 5326(d). which the amounts are appropriated, which- ‘performance category’ means each of the ‘‘(b) GENERAL AUTHORITY.— ever is later; and following: ‘‘(1) ELIGIBLE PROJECTS.—The Secretary ‘‘(2) publish apportionments of the ‘‘(i) Passenger miles traveled per vehicle may make grants under this section to assist amounts, including amounts attributable to revenue mile. State and local governmental authorities in each urbanized area with a population of ‘‘(ii) Passenger miles traveled per vehicle financing capital projects to maintain public more than 50,000 and amounts attributable to revenue hour. transportation systems in a state of good re- each State of a multistate urbanized area, on ‘‘(iii) Vehicle revenue miles per capita. pair, including projects to replace and reha- the apportionment date. ‘‘(iv) Vehicle revenue hours per capita. bilitate— ‘‘(e) AMOUNTS NOT APPORTIONED TO DES- ‘‘(v) Passenger miles traveled per capita. ‘‘(A) rolling stock; IGNATED RECIPIENTS.—The Governor of a ‘‘(vi) Passengers per capita. ‘‘(B) track; State may expend in an urbanized area with ‘‘(2) APPORTIONMENT.— ‘‘(C) line equipment and structures; a population of less than 200,000 an amount ‘‘(A) APPORTIONMENT FORMULA.—The ‘‘(D) signals and communications; apportioned under this section that is not amount to be apportioned under subsection ‘‘(E) power equipment and substations; apportioned to a designated recipient, as de- (h)(3) shall be apportioned among eligible ‘‘(F) passenger stations and terminals; fined in section 5302(4). areas in the ratio that— ‘‘(G) security equipment and systems; ‘‘(f) TRANSFERS OF APPORTIONMENTS.—(1) ‘‘(i) the number of performance categories ‘‘(H) maintenance facilities and equipment; The Governor of a State may transfer any for which each eligible area meets or exceeds ‘‘(I) operational support equipment, includ- part of the State’s apportionment under sub- the industry average in urbanized areas with ing computer hardware and software; section (a)(1) of this section to supplement a population of at least 200,000 but not more ‘‘(J) development and implementation of a amounts apportioned to the State under sec- than 999,999; bears to transit asset management plan; and tion 5311(c)(3). The Governor may make a ‘‘(ii) the aggregate number of performance ‘‘(K) other replacement and rehabilitation transfer only after consulting with respon- categories for which all eligible areas meet projects the Secretary determines appro- sible local officials and publicly owned oper- or exceed the industry average in urbanized priate. ators of public transportation in each area areas with a population of at least 200,000 but ‘‘(2) INCLUSION IN PLAN.—A recipient shall for which the amount originally was appor- not more than 999,999. include a project carried out under para- tioned under this section. ‘‘(B) DATA USED IN FORMULA.—The Sec- graph (1) in the transit asset management ‘‘(2) The Governor of a State may transfer retary shall calculate apportionments under plan of the recipient upon completion of the any part of the State’s apportionment under this subsection for a fiscal year using data plan. section 5311(c)(3) to supplement amounts ap- from the national transit database used to ‘‘(c) HIGH INTENSITY FIXED GUIDEWAY portioned to the State under subsection calculate apportionments for that fiscal year STATE OF GOOD REPAIR FORMULA.— (a)(1) of this section. under this section. ‘‘(1) IN GENERAL.—Of the amount author- ‘‘(3) The Governor of a State may use ‘‘(j) APPORTIONMENT FORMULA.—The throughout the State amounts of a State’s ized or made available under section amounts apportioned under subsection (h)(2) 5338(a)(2)(M), $1,874,763,500 shall be appor- apportionment remaining available for obli- shall be apportioned among urbanized areas gation at the beginning of the 90-day period tioned to recipients in accordance with this as follows: subsection. before the period of the availability of the ‘‘(1) 75 percent of the funds shall be appor- amounts expires. ‘‘(2) AREA SHARE.— tioned among designated recipients for ur- ‘‘(A) IN GENERAL.—50 percent of the ‘‘(4) A designated recipient for an urban- banized areas with a population of 200,000 or ized area with a population of at least 200,000 amount described in paragraph (1) shall be more in the ratio that— apportioned for fixed guideway systems in may transfer a part of its apportionment ‘‘(A) the number of eligible low-income in- under this section to the Governor of a accordance with this paragraph. dividuals in each such urbanized area; bears ‘‘(B) SHARE.—A recipient shall receive an State. The Governor shall distribute the to transferred amounts to urbanized areas amount equal to the amount described in ‘‘(B) the number of eligible low-income in- subparagraph (A), multiplied by the amount under this section. dividuals in all such urbanized areas. ‘‘(5) Capital and operating assistance limi- the recipient would have received under this ‘‘(2) 25 percent of the funds shall be appor- section, as in effect for fiscal year 2011, if the tations applicable to the original apportion- tioned among designated recipients for ur- ment apply to amounts transferred under amount had been calculated in accordance banized areas with a population of less than with section 5336(b)(1) and using the defini- this subsection. 200,000 in the ratio that— ‘‘(g) PERIOD OF AVAILABILITY TO RECIPI- tion of the term ‘fixed guideway’ under sub- ‘‘(A) the number of eligible low-income in- ENTS.—An amount apportioned under this section (a) of this section, as such sections dividuals in each such urbanized area; bears section may be obligated by the recipient for are in effect on the day after the date of en- to 5 years after the fiscal year in which the actment of the Federal Public Transpor- ‘‘(B) the number of eligible low-income in- amount is apportioned. Not later than 30 tation Act of 2012, and divided by the total dividuals in all such urbanized areas.’’. days after the end of the 5-year period, an amount apportioned for all areas under this amount that is not obligated at the end of SEC. 20028. STATE OF GOOD REPAIR GRANTS. section for fiscal year 2011. Section 5337 of title 49, United States Code, that period shall be added to the amount ‘‘(C) RECIPIENT.—For purposes of this para- is amended to read as follows: that may be apportioned under this section graph, the term ‘recipient’ means an entity in the next fiscal year. ‘‘§ 5337. State of good repair grants that received funding under this section, as ‘‘(h) APPORTIONMENTS.—Of the amounts ‘‘(a) DEFINITIONS.—In this section, the fol- in effect for fiscal year 2011. made available for each fiscal year under lowing definitions shall apply: ‘‘(3) VEHICLE REVENUE MILES AND DIREC- section 5338(a)(2)(C)— ‘‘(1) FIXED GUIDEWAY.—The term ‘fixed TIONAL ROUTE MILES.— ‘‘(1) $35,000,000 shall be set aside to carry guideway’ means a public transportation fa- ‘‘(A) IN GENERAL.—50 percent of the out section 5307(i); cility— amount described in paragraph (1) shall be ‘‘(2) 3.07 percent shall be apportioned to ur- ‘‘(A) using and occupying a separate right- apportioned to recipients in accordance with banized areas in accordance with subsection of-way for the exclusive use of public trans- this paragraph. (j); portation; ‘‘(B) VEHICLE REVENUE MILES.—A recipient ‘‘(3) of amounts not apportioned under ‘‘(B) using rail; in an urbanized area shall receive an amount paragraphs (1) and (2), 1 percent shall be ap- ‘‘(C) using a fixed catenary system; equal to 60 percent of the amount described portioned to urbanized areas with popu- ‘‘(D) for a passenger ferry system; or in subparagraph (A), multiplied by the num- lations of less than 200,000 in accordance ‘‘(E) for a bus rapid transit system. ber of fixed guideway vehicle revenue miles with subsection (i); and ‘‘(2) STATE.—The term ‘State’ means the 50 attributable to the urbanized area, as estab- ‘‘(4) any amount not apportioned under States, the District of Columbia, and Puerto lished by the Secretary, divided by the total paragraphs (1), (2), and (3) shall be appor- Rico. number of all fixed guideway vehicle revenue tioned to urbanized areas in accordance with ‘‘(3) STATE OF GOOD REPAIR.—The term miles attributable to all urbanized areas. subsections (a) through (c). ‘state of good repair’ has the meaning given ‘‘(C) DIRECTIONAL ROUTE MILES.—A recipi- ‘‘(i) SMALL TRANSIT INTENSIVE CITIES FOR- that term by the Secretary, by rule, under ent in an urbanized area shall receive an MULA.— section 5326(b). amount equal to 40 percent of the amount ‘‘(1) DEFINITIONS.—In this subsection, the ‘‘(4) TRANSIT ASSET MANAGEMENT PLAN.— described in subparagraph (A), multiplied by following definitions apply: The term ‘transit asset management plan’ the number of fixed guideway directional ‘‘(A) ELIGIBLE AREA.—The term ‘eligible means a plan developed by a recipient of route miles attributable to the urbanized area’ means an urbanized area with a popu- funding under this chapter that— area, as established by the Secretary, divided

VerDate Mar 15 2010 01:58 Mar 08, 2012 Jkt 099060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S17FE2.REC S17FE2 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S958 CONGRESSIONAL RECORD — SENATE February 17, 2012 by the total number of all fixed guideway di- to urbanized areas for high intensity ‘‘(D) $65,150,000 for each of fiscal years 2012 rectional route miles attributable to all ur- motorbus state of good repair in accordance and 2013 shall be available to carry out sec- banized areas. with this subsection. tion 5308, of which not less than $8,500,000 ‘‘(4) LIMITATION.— ‘‘(3) VEHICLE REVENUE MILES AND DIREC- shall be used to carry out activities under ‘‘(A) IN GENERAL.—Except as provided in TIONAL ROUTE MILES.— section 5312; subparagraph (B), the share of the total ‘‘(A) IN GENERAL.—$60,000,000 of the amount ‘‘(E) $248,600,000 for each of fiscal years 2012 amount apportioned under this section that described in paragraph (2) shall be appor- and 2013 shall be available to provide finan- is apportioned to an area under this sub- tioned to each area in accordance with this cial assistance for services for the enhanced section shall not decrease by more than 0.25 paragraph. mobility of seniors and individuals with dis- percentage points compared to the share ap- ‘‘(B) VEHICLE REVENUE MILES.—Each area abilities under section 5310; portioned to the area under this subsection shall receive an amount equal to 60 percent ‘‘(F) $591,190,000 for each of fiscal years 2012 in the previous fiscal year. of the amount described in subparagraph (A), and 2013 shall be available to provide finan- ‘‘(B) SPECIAL RULE FOR FISCAL YEAR 2012.— multiplied by the number of fixed guideway cial assistance for other than urbanized In fiscal year 2012, the share of the total motorbus vehicle revenue miles attributable areas under section 5311, of which not less amount apportioned under this section that to the area, as established by the Secretary, than $30,000,000 shall be available to carry is apportioned to an area under this sub- divided by the total number of all fixed out section 5311(c)(1) and $20,000,000 shall be section shall not decrease by more than 0.25 guideway motorbus vehicle revenue miles at- available to carry out section 5311(c)(2); percentage points compared to the share tributable to all areas. ‘‘(G) $34,000,000 for each of fiscal years 2012 that would have been apportioned to the ‘‘(C) DIRECTIONAL ROUTE MILES.—Each area and 2013 shall be available to carry out re- area under this section, as in effect for fiscal shall receive an amount equal to 40 percent search, development, demonstration, and de- year 2011, if the share had been calculated of the amount described in subparagraph (A), ployment projects under section 5312; using the definition of the term ‘fixed guide- multiplied by the number of fixed guideway ‘‘(H) $6,500,000 for each of fiscal years 2012 way’ under subsection (a) of this section, as motorbus directional route miles attrib- and 2013 shall be available to carry out a in effect on the day after the date of enact- utable to the area, as established by the Sec- transit cooperative research program under ment of the Federal Public Transportation retary, divided by the total number of all section 5313; Act of 2012. fixed guideway motorbus directional route ‘‘(I) $4,500,000 for each of fiscal years 2012 ‘‘(5) USE OF FUNDS.—Amounts made avail- miles attributable to all areas. and 2013 shall be available for technical as- able under this subsection shall be available ‘‘(4) SPECIAL RULE FOR FIXED GUIDEWAY sistance and standards development under for the exclusive use of fixed guideway MOTORBUS.— section 5314; projects. ‘‘(A) IN GENERAL.—$52,500,000 of the amount ‘‘(J) $5,000,000 for each of fiscal years 2012 ‘‘(6) RECEIVING APPORTIONMENT.— described in paragraph (2) shall be appor- and 2013 shall be available for the National ‘‘(A) IN GENERAL.—Except as provided in tioned— Transit Institute under section 5315; subparagraph (B), for an area with a fixed ‘‘(i) in accordance with this paragraph; and ‘‘(K) $2,000,000 for each of fiscal years 2012 guideway system, the amounts provided ‘‘(ii) among urbanized areas within a State and 2013 shall be available for workforce de- under this section shall be apportioned to in the same proportion as funds are appor- velopment and human resource grants under the designated recipient for the urbanized tioned within a State under section 5336, ex- section 5322; area in which the system operates. cept subsection (b), and shall be added to ‘‘(L) $3,850,000 for each of fiscal years 2012 ‘‘(B) EXCEPTION.—An area described in the such amounts. and 2013 shall be available to carry out sec- amendment made by section 3028(a) of the tion 5335; ‘‘(B) TERRITORIES.—Of the amount de- Transportation Equity Act for the 21st Cen- scribed in subparagraph (A), $500,000 shall be ‘‘(M) $1,987,263,500 for each of fiscal years tury (Public Law 105 178; 112 Stat. 366) shall distributed among the territories, as deter- 2012 and 2013 shall be available to carry out receive an individual apportionment under mined by the Secretary. subsections (c) and (e) of section 5337; and this subsection. ‘‘(N) $511,500,000 for each of fiscal years 2012 ‘‘(C) STATES.—Of the amount described in and 2013 shall be allocated in accordance ‘‘(7) APPORTIONMENT REQUIREMENTS.—For subparagraph (A), each State shall receive with section 5340 to provide financial assist- purposes of determining the number of fixed $1,000,000. guideway vehicle revenue miles or fixed ance for urbanized areas under section 5307 ‘‘(5) USE OF FUNDS.—A recipient may trans- and other than urbanized areas under section guideway directional route miles attrib- fer any part of the apportionment under this 5311. utable to an urbanized area for a fiscal year subsection for use under subsection (c). under this subsection, only segments of fixed ‘‘(b) EMERGENCY RELIEF PROGRAM.—There ‘‘(6) APPORTIONMENT REQUIREMENTS.—For guideway systems placed in revenue service are authorized to be appropriated such sums purposes of determining the number of fixed as are necessary to carry out section 5306. not later than 7 years before the first day of guideway motorbus vehicle revenue miles or the fiscal year shall be deemed to be attrib- ‘‘(c) CAPITAL INVESTMENT GRANTS.—There fixed guideway motorbus directional route are authorized to be appropriated to carry utable to an urbanized area. miles attributable to an urbanized area for a ‘‘(d) FIXED GUIDEWAY STATE OF GOOD RE- out section 5309, $1,955,000,000 for each of fis- fiscal year under this subsection, only seg- PAIR GRANT PROGRAM.— cal years 2012 and 2013. ments of fixed guideway motorbus systems ‘‘(d) PAUL S. SARBANES TRANSIT IN THE ‘‘(1) IN GENERAL.—The Secretary may make placed in revenue service not later than 7 grants under this section to assist State and PARKS.—There are authorized to be appro- years before the first day of the fiscal year priated to carry out section 5320, $26,900,000 local governmental authorities in financing shall be deemed to be attributable to an ur- for each of fiscal years 2012 and 2013. fixed guideway capital projects to maintain banized area.’’. ‘‘(e) FIXED GUIDEWAY STATE OF GOOD RE- public transportation systems in a state of PAIR GRANT PROGRAM.—There are authorized good repair. SEC. 20029. AUTHORIZATIONS. Section 5338 of title 49, United States Code, to be appropriated to carry out section ‘‘(2) COMPETITIVE PROCESS.—The Secretary 5337(d), $7,463,000 for each of fiscal years 2012 shall solicit grant applications and make is amended to read as follows: ‘‘§ 5338. Authorizations and 2013. grants for eligible projects on a competitive ‘‘(f) ADMINISTRATION.— basis. ‘‘(a) FORMULA GRANTS.— ‘‘(1) IN GENERAL.—There are authorized to ‘‘(3) PRIORITY CONSIDERATION.—In making ‘‘(1) IN GENERAL.—There shall be available be appropriated to carry out section 5334, grants under this subsection, the Secretary from the Mass Transit Account of the High- $108,350,000 for each of fiscal years 2012 and shall give priority to grant applications re- way Trust Fund to carry out sections 5305, 2013. ceived from recipients receiving an amount 5307, 5308, 5310, 5311, 5312, 5313, 5314, 5315, 5322, ‘‘(2) SECTION 5329.—Of the amounts author- under this section that is not less than 2 per- 5335, and 5340, subsections (c) and (e) of sec- ized to be appropriated under paragraph (1), cent less than the amount the recipient tion 5337, and section 20005(b) of the Federal not less than $10,000,000 shall be available to would have received under this section, as in Public Transportation Act of 2012, carry out section 5329. effect for fiscal year 2011, if the amount had $8,360,565,000 for each of fiscal years 2012 and ‘‘(3) SECTION 5326.—Of the amounts made been calculated using the definition of the 2013. available under paragraph (2), not less than term ‘fixed guideway’ under subsection (a) of ‘‘(2) ALLOCATION OF FUNDS.—Of the $1,000,000 shall be available to carry out sec- this section, as in effect on the day after the amounts made available under paragraph tion 5326. date of enactment of the Federal Public (1)— ‘‘(g) OVERSIGHT.— Transportation Act of 2012. ‘‘(A) $124,850,000 for each of fiscal years 2012 ‘‘(1) IN GENERAL.—Of the amounts made ‘‘(e) HIGH INTENSITY MOTORBUS STATE OF and 2013 shall be available to carry out sec- available to carry out this chapter for a fis- GOOD REPAIR.— tion 5305; cal year, the Secretary may use not more ‘‘(1) DEFINITION.—For purposes of this sub- ‘‘(B) $20,000,000 for each of fiscal years 2012 than the following amounts for the activities section, the term ‘fixed guideway motorbus’ and 2013 shall be available to carry out sec- described in paragraph (2): means public transportation that is provided tion 20005(b) of the Federal Public Transpor- ‘‘(A) 0.5 percent of amounts made available on a facility with access for other high-occu- tation Act of 2012; to carry out section 5305. pancy vehicles. ‘‘(C) $4,756,161,500 for each of fiscal years ‘‘(B) 0.75 percent of amounts made avail- ‘‘(2) APPORTIONMENT.—Of the amount au- 2012 and 2013 shall be allocated in accordance able to carry out section 5307. thorized or made available under section with section 5336 to provide financial assist- ‘‘(C) 1 percent of amounts made available 5338(a)(2)(M), $112,500,000 shall be apportioned ance for urbanized areas under section 5307; to carry out section 5309.

VerDate Mar 15 2010 01:58 Mar 08, 2012 Jkt 099060 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S17FE2.REC S17FE2 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 17, 2012 CONGRESSIONAL RECORD — SENATE S959 ‘‘(D) 1 percent of amounts made available the most recent decennial census. Such fore- available under paragraph (4) to each State’s to carry out section 601 of the Passenger Rail cast shall be based on the population trend part of the multistate urbanized area in pro- Investment and Improvement Act of 2008 for each State between the most recent de- portion to the State’s share of population of (Public Law 110 432; 126 Stat. 4968). cennial census and the most recent estimate the multistate urbanized area. Amounts ap- ‘‘(E) 0.5 percent of amounts made available of population made by the Secretary of Com- portioned to each urbanized area shall be to carry out section 5310. merce. made available for grants under section ‘‘(F) 0.5 percent of amounts made available ‘‘(2) APPORTIONMENTS BETWEEN URBANIZED 5307.’’. to carry out section 5311. AREAS AND OTHER THAN URBANIZED AREAS IN SEC. 20031. TECHNICAL AND CONFORMING ‘‘(G) 0.5 percent of amounts made available EACH STATE.— AMENDMENTS. to carry out section 5320. ‘‘(A) IN GENERAL.—The Secretary shall ap- (a) SECTION 5305.—Section 5305 of title 49, ‘‘(H) 0.75 percent of amounts made avail- portion amounts to each State under para- United States Code, is amended— able to carry out section 5337(c). graph (1) so that urbanized areas in that (1) in subsection (c), by striking ‘‘sections ‘‘(2) ACTIVITIES.—The activities described State receive an amount equal to the 5303, 5304, and 5306’’ and inserting ‘‘sections in this paragraph are as follows: amount apportioned to that State multiplied 5303 and 5304’’; ‘‘(A) Activities to oversee the construction by a ratio equal to the sum of the forecast (2) in subsection (d), by striking ‘‘sections of a major capital project. population of all urbanized areas in that 5303 and 5306’’ each place that term appears ‘‘(B) Activities to review and audit the State divided by the total forecast popu- and inserting ‘‘section 5303’’; safety and security, procurement, manage- lation of that State. In making the appor- (3) in subsection (e)(1)(A), by striking ‘‘sec- ment, and financial compliance of a recipi- tionment under this subparagraph, the Sec- tions 5304, 5306, 5315, and 5322’’ and inserting ent or subrecipient of funds under this chap- retary shall utilize any available forecasts ‘‘section 5304’’; ter. made by the State. If no forecasts are avail- (4) in subsection (f)— ‘‘(C) Activities to provide technical assist- able, the Secretary shall utilize data on ur- (A) in the heading, by striking ‘‘GOVERN- ance generally, and to provide technical as- banized areas and total population from the MENT’S’’ and inserting ‘‘GOVERNMENT’’; and sistance to correct deficiencies identified in most recent decennial census. (B) by striking ‘‘Government’s’’ and insert- compliance reviews and audits carried out ‘‘(B) REMAINING AMOUNTS.—Amounts re- ing ‘‘Government’’; and under this section. maining for each State after apportionment (5) in subsection (g), by striking ‘‘section 5338(c) for fiscal years 2005 through 2011 and ‘‘(3) GOVERNMENT SHARE OF COSTS.—The under subparagraph (A) shall be apportioned Government shall pay the entire cost of car- to that State and added to the amount made for the period beginning on October 1, 2011, rying out a contract under this subsection. available for grants under section 5311. and ending on March 31, 2012’’ and inserting PPORTIONMENTS AMONG URBANIZED ‘‘section 5338(a)(2)(A) for a fiscal year’’. ‘‘(4) AVAILABILITY OF CERTAIN FUNDS.— ‘‘(3) A (b) SECTION 5313.—Section 5313(a) of title Funds made available under paragraph (1)(C) AREAS IN EACH STATE.—The Secretary shall apportion amounts made available to urban- 49, United States Code, is amended— shall be made available to the Secretary be- (1) in the first sentence, by striking ‘‘sub- fore allocating the funds appropriated to ized areas in each State under paragraph (2)(A) so that each urbanized area receives an sections (a)(5)(C)(iii) and (d)(1) of section carry out any project under a full funding 5338’’ and inserting section ‘‘5338(a)(2)(H)’’; grant agreement. amount equal to the amount apportioned under paragraph (2)(A) multiplied by a ratio and ‘‘(h) GRANTS AS CONTRACTUAL OBLIGA- equal to the population of each urbanized (2) in the second sentence, by striking ‘‘of TIONS.— area divided by the sum of populations of all Transportation’’. ‘‘(1) GRANTS FINANCED FROM HIGHWAY TRUST urbanized areas in the State. Amounts ap- (c) SECTION 5319.—Section 5319 of title 49, FUND.—A grant or contract that is approved portioned to each urbanized area shall be United States Code, is amended, in the sec- by the Secretary and financed with amounts added to amounts apportioned to that urban- ond sentence— made available from the Mass Transit Ac- ized area under section 5336, and made avail- (1) by striking ‘‘sections 5307(e), 5309(h), count of the Highway Trust Fund pursuant able for grants under section 5307. and 5311(g) of this title’’ and inserting ‘‘sec- to this section is a contractual obligation of ‘‘(d) HIGH DENSITY STATE APPORTION- tions 5307(e), 5309(k), and 5311(h)’’; and the Government to pay the Government MENTS.—Amounts to be apportioned under (2) by striking ‘‘of the United States’’ and share of the cost of the project. subsection (b)(2) shall be apportioned as fol- inserting ‘‘made by the’’. ‘‘(2) GRANTS FINANCED FROM GENERAL lows: (d) SECTION 5325.—Section 5325 of title 49, FUND.—A grant or contract that is approved ‘‘(1) ELIGIBLE STATES.—The Secretary shall United States Code, is amended— by the Secretary and financed with amounts designate as eligible for an apportionment (1) in subsection (b)(2)(A), by striking appropriated in advance from the General under this subsection all States with a popu- ‘‘title 48, Code of Federal Regulations (com- Fund of the Treasury pursuant to this sec- lation density in excess of 370 persons per monly known as the Federal Acquisition tion is a contractual obligation of the Gov- square mile. Regulation)’’ and inserting ‘‘the Federal Ac- ernment to pay the Government share of the ‘‘(2) STATE URBANIZED LAND FACTOR.—For quisition Regulation, or any successor there- cost of the project only to the extent that each State qualifying for an apportionment to’’; and amounts are appropriated for such purpose under paragraph (1), the Secretary shall cal- (2) in subsection (e), by striking ‘‘Govern- by an Act of Congress. culate an amount equal to— ment financial assistance’’ and inserting ‘‘(i) AVAILABILITY OF AMOUNTS.—Amounts ‘‘(A) the total land area of the State (in ‘‘Federal financial assistance’’. made available by or appropriated under this square miles); multiplied by (e) SECTION 5330.—Effective 3 years after section shall remain available until ex- ‘‘(B) 370; multiplied by the effective date of the final rules issued by pended.’’. ‘‘(C)(i) the population of the State in ur- the Secretary of Transportation under sec- SEC. 20030. APPORTIONMENTS BASED ON GROW- banized areas; divided by tion 5329(e) of title 49, United States Code, as ING STATES AND HIGH DENSITY ‘‘(ii) the total population of the State. amended by this division, section 5330 of title STATES FORMULA FACTORS. ‘‘(3) STATE APPORTIONMENT FACTOR.—For 49, United States Code, is repealed. (f) SECTION 5331.—Section 5331 of title 49, Section 5340 of title 49, United States Code, each State qualifying for an apportionment United States Code, is amended by striking is amended to read as follows: under paragraph (1), the Secretary shall cal- ‘‘Secretary of Transportation’’ each place ‘‘§ 5340. Apportionments based on growing culate an amount equal to the difference be- that term appears and inserting ‘‘Sec- States and high density States formula fac- tween the total population of the State less tors retary’’. the amount calculated in paragraph (2). (g) SECTION 5332.—Section 5332(c)(1) of title ‘‘(a) DEFINITION.—In this section, the term ‘‘(4) STATE APPORTIONMENT.—Each State 49, United States Code, is amended by strik- ‘State’ shall mean each of the 50 States of qualifying for an apportionment under para- ing ‘‘of Transportation’’. the United States. graph (1) shall receive an amount equal to (h) SECTION 5333.—Section 5333(a) of title ‘‘(b) ALLOCATION.—Of the amounts made the amount to be apportioned under this sub- 49, United States Code, is amended by strik- available for each fiscal year under section section multiplied by the amount calculated ing ‘‘sections 3141-3144’’ and inserting ‘‘sec- 5338(a)(2)(N), the Secretary shall apportion— for the State under paragraph (3) divided by tions 3141 through 3144’’. ‘‘(1) 50 percent to States and urbanized the sum of the amounts calculated under (i) SECTION 5334.—Section 5334 of title 49, areas in accordance with subsection (c); and paragraph (3) for all States qualifying for an United States Code, is amended— ‘‘(2) 50 percent to States and urbanized apportionment under paragraph (1). (1) in subsection (c)— areas in accordance with subsection (d). ‘‘(5) APPORTIONMENTS AMONG URBANIZED (A) by striking ‘‘Secretary of Transpor- ‘‘(c) GROWING STATE APPORTIONMENTS.— AREAS IN EACH STATE.—The Secretary shall tation’’ each place that term appears and in- ‘‘(1) APPORTIONMENT AMONG STATES.—The apportion amounts made available to each serting ‘‘Secretary’’; and amounts apportioned under subsection (b)(1) State under paragraph (4) so that each ur- (B) in paragraph (1), by striking ‘‘Commit- shall provide each State with an amount banized area receives an amount equal to the tees on Transportation and Infrastructure equal to the total amount apportioned mul- amount apportioned under paragraph (4) and Appropriations of the House of Rep- tiplied by a ratio equal to the population of multiplied by a ratio equal to the population resentatives and the Committees on Bank- that State forecast for the year that is 15 of each urbanized area divided by the sum of ing, Housing, and Urban Affairs and Appro- years after the most recent decennial census, populations of all urbanized areas in the priations of the Senate’’ and inserting ‘‘Com- divided by the total population of all States State. For multistate urbanized areas, the mittee on Banking, Housing, and Urban Af- forecast for the year that is 15 years after Secretary shall suballocate funds made fairs and the Committee on Appropriations

VerDate Mar 15 2010 01:58 Mar 08, 2012 Jkt 099060 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S17FE2.REC S17FE2 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S960 CONGRESSIONAL RECORD — SENATE February 17, 2012 of the Senate and the Committee on Trans- ‘‘5332. Nondiscrimination. Sec. 31304. Public availability of early warn- portation and Infrastructure and the Com- ‘‘5333. Labor standards. ing data. mittee on Appropriations of the House of ‘‘5334. Administrative provisions. Sec. 31305. Corporate responsibility for Na- Representatives’’; ‘‘5335. National transit database. tional Highway Traffic Safety (2) in subsection (d), by striking ‘‘of Trans- ‘‘5336. Apportionment of appropriations for Administration reports. portation’’; formula grants. Sec. 31306. Passenger motor vehicle informa- (3) in subsection (e), by striking ‘‘of Trans- ‘‘5337. State of good repair grants. tion program. portation’’; ‘‘5338. Authorizations. Sec. 31307. Promotion of vehicle defect re- (4) in subsection (f), by striking ‘‘of Trans- ‘‘[5339. Repealed.] porting. ‘‘5340. Apportionments based on growing portation’’; Sec. 31308. Whistleblower protections for States and high density States (5) in subsection (g), in the matter pre- motor vehicle manufacturers, formula factors.’’. ceding paragraph (1)— part suppliers, and dealership (A) by striking ‘‘of Transportation’’; and DIVISION C—TRANSPORTATION SAFETY employees. (B) by striking ‘‘subsection (a)(3) or (4) of AND SURFACE TRANSPORTATION POLICY Sec. 31309. Anti-revolving door. this section’’ and inserting ‘‘paragraph (3) or TITLE I—MOTOR VEHICLE AND HIGHWAY Sec. 31310. Study of crash data collection. (4) of subsection (a)’’; SAFETY IMPROVEMENT ACT OF 2012 Sec. 31311. Update means of providing notifi- (6) in subsection (h)— SEC. 31001. SHORT TITLE. cation; improving efficacy of recalls. (A) in paragraph (1), in the matter pre- (a) SHORT TITLE.—This title may be cited ceding subparagraph (A), by striking ‘‘of as the ‘‘Motor Vehicle and Highway Safety Sec. 31312. Expanding choices of remedy Transportation’’; and Improvement Act of 2012’’ or ‘‘Mariah’s Act’’. available to manufacturers of (B) in paragraph (2), by striking ‘‘of this (b) TABLE OF CONTENTS.—The table of con- replacement equipment. section’’; tents for this division is as follows: Sec. 31313. Recall obligations and bank- ruptcy of manufacturer. (7) in subsection (i)(1), by striking ‘‘of DIVISION C—TRANSPORTATION SAFETY Transportation’’; and Sec. 31314. Repeal of insurance reports and AND SURFACE TRANSPORTATION POL- information provision. (8) in subsection (j), as so redesignated by ICY section 20025 of this division, by striking Sec. 31315. Monroney sticker to permit addi- TITLE I—MOTOR VEHICLE AND HIGHWAY tional safety rating categories. ‘‘Committees on Banking, Housing, and SAFETY IMPROVEMENT ACT OF 2012 Urban Affairs and Appropriations of the Sen- Subtitle D—Vehicle Electronics and Safety ate and Committees on Transportation and Sec. 31001. Short title. Standards Sec. 31002. Definition. Infrastructure and Appropriations of the Sec. 31401. National Highway Traffic Safety House of Representatives’’ and inserting Subtitle A—Highway Safety Administration electronics, ‘‘Committee on Banking, Housing, and Sec. 31101. Authorization of appropriations. software, and engineering ex- Urban Affairs and the Committee on Appro- Sec. 31102. Highway safety programs. pertise. priations of the Senate and the Committee Sec. 31103. Highway safety research and de- Sec. 31402. Vehicle stopping distance and on Transportation and Infrastructure and velopment. brake override standard. the Committee on Appropriations of the Sec. 31104. National driver register. Sec. 31403. Pedal placement standard. House of Representatives’’. Sec. 31105. Combined occupant protection Sec. 31404. Electronic systems performance (j) SECTION 5335.—Section 5335(a) of title 49, grants. standard. United States Code, is amended by striking Sec. 31106. State traffic safety information Sec. 31405. Pushbutton ignition systems ‘‘of Transportation’’. system improvements. standard. Sec. 31107. Impaired driving counter- (k) TABLE OF SECTIONS.—The table of sec- Sec. 31406. Vehicle event data recorders. measures. tions for chapter 53 of title 49, United States Sec. 31407. Prohibition on electronic visual Sec. 31108. Distracted driving grants. entertainment in driver’s view. Code, is amended to read as follows: Sec. 31109. High visibility enforcement pro- Sec. 31408. Commercial motor vehicle roll- ‘‘Sec. gram. over prevention and crash miti- ‘‘5301. Policies, purposes, and goals. Sec. 31110. Motorcyclist safety. ‘‘5302. Definitions. Sec. 31111. Driver alcohol detection system gation. ‘‘5303. Metropolitan transportation planning. for safety research. Subtitle E—Child Safety Standards ‘‘5304. Statewide and nonmetropolitan trans- Sec. 31112. State graduated driver licensing Sec. 31501. Child safety seats. portation planning. laws. Sec. 31502. Child restraint anchorage sys- ‘‘5305. Planning programs. Sec. 31113. Agency accountability. tems. ‘‘5306. Public transportation emergency re- Sec. 31114. Emergency medical services. Sec. 31503. Rear seat belt reminders. lief program. Subtitle B—Enhanced Safety Authorities Sec. 31504. Unattended passenger reminders. ‘‘5307. Urbanized area formula grants. Sec. 31201. Definition of motor vehicle Sec. 31505. New deadline. ‘‘5308. Clean fuel grant program. equipment. Subtitle F—Improved Daytime and Night- ‘‘5309. Fixed guideway capital investment Sec. 31202. Permit reminder system for non- time Visibility of Agricultural Equipment grants. use of safety belts. Sec. 31601. Rulemaking on visibility of agri- ‘‘5310. Formula grants for the enhanced mo- Sec. 31203. Civil penalties. cultural equipment. bility of seniors and individuals Sec. 31204. Motor vehicle safety research and with disabilities. development. TITLE II—COMMERCIAL MOTOR VEHICLE ‘‘5311. Formula grants for other than urban- Sec. 31205. Odometer requirements defini- SAFETY ENHANCEMENT ACT OF 2012 ized areas. tion. Sec. 32001. Short title. ‘‘5312. Research, development, demonstra- Sec. 31206. Electronic disclosures of odom- Sec. 32002. References to title 49, United tion, and deployment projects. eter information. States Code. ‘‘5313. Transit cooperative research program. Sec. 31207. Increased penalties and damages Subtitle A—Commercial Motor Vehicle ‘‘5314. Technical assistance and standards de- for odometer fraud. Registration Sec. 31208. Extend prohibitions on importing velopment. Sec. 32101. Registration of motor carriers. ‘‘5315. National Transit Institute. noncompliant vehicles and Sec. 32102. Safety fitness of new operators. ‘‘[5316. Repealed.] equipment to defective vehicles Sec. 32103. Reincarnated carriers. ‘‘[5317. Repealed.] and equipment. Sec. 32104. Financial responsibility require- ‘‘5318. Bus testing facilities. Sec. 31209. Financial responsibility require- ments. ‘‘5319. Bicycle facilities. ments for importers. Sec. 32105. USDOT number registration re- Sec. 31210. Conditions on importation of ve- ‘‘5320. Alternative transportation in parks quirement. and public lands. hicles and equipment. Sec. 32106. Registration fee system. Sec. 31211. Port inspections; samples for ex- ‘‘[5321. Repealed.] Sec. 32107. Registration update. ‘‘5322. Public transportation workforce devel- amination or testing. Sec. 32108. Increased penalties for operating opment and human resource Subtitle C—Transparency and without registration. programs. Accountability Sec. 32109. Revocation of registration for im- ‘‘5323. General provisions. Sec. 31301. Improved National Highway Traf- minent hazard. ‘‘[5324. Repealed.] fic Safety Administration vehi- Sec. 32110. Revocation of registration and ‘‘5325. Contract requirements. cle safety database. other penalties for failure to re- ‘‘5326. Transit asset management. Sec. 31302. National Highway Traffic Safety spond to subpoena. ‘‘5327. Project management oversight. Administration hotline for Sec. 32111. Fleetwide out of service order for ‘‘[5328. Repealed.] manufacturer, dealer, and me- operating without required reg- ‘‘5329. Public transportation safety program. chanic personnel. istration. ‘‘5330. State safety oversight. Sec. 31303. Consumer notice of software up- Sec. 32112. Motor carrier and officer patterns ‘‘5331. Alcohol and controlled substances dates and other communica- of safety violations. testing. tions with dealers. Sec. 32113. Federal successor standard.

VerDate Mar 15 2010 01:58 Mar 08, 2012 Jkt 099060 PO 00000 Frm 00082 Fmt 4624 Sfmt 0655 E:\RECORD12\RECFILES\S17FE2.REC S17FE2 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 17, 2012 CONGRESSIONAL RECORD — SENATE S961 Subtitle B—Commercial Motor Vehicle Sec. 32605. Uniform electronic clearance for Sec. 33002. Establishment of a national sur- Safety commercial motor vehicle in- face transportation and freight Sec. 32201. Repeal of commercial jurisdic- spections. policy. tion exception for brokers of Sec. 32606. Authorization of appropriations. Sec. 33003. Surface transportation and motor carriers of passengers. Sec. 32607. High risk carrier reviews. freight strategic plan. Sec. 32202. Bus rentals and definition of em- Sec. 32608. Data and technology grants. Sec. 33004. Transportation investment data ployer. Sec. 32609. Driver safety grants. and planning tools. Sec. 32203. Crashworthiness standards. Sec. 32610. Commercial vehicle information Sec. 33005. Port infrastructure development Sec. 32204. Canadian safety rating reci- systems and networks. initiative. procity. Subtitle G—Motorcoach Enhanced Safety Sec. 33006. Safety for motorized and non- Sec. 32205. State reporting of foreign com- Act of 2012 motorized users. mercial driver convictions. Sec. 32701. Short title. TITLE IV—HAZARDOUS MATERIALS Sec. 32206. Authority to disqualify foreign Sec. 32702. Definitions. TRANSPORTATION SAFETY IMPROVE- commercial drivers. Sec. 32703. Regulations for improved occu- MENT ACT OF 2012 Sec. 32207. Revocation of foreign motor car- pant protection, passenger Sec. 34001. Short title. rier operating authority for evacuation, and crash avoid- Sec. 34002. Definition. failure to pay civil penalties. ance. Sec. 34003. References to title 49, United Subtitle C—Driver Safety Sec. 32704. Standards for improved fire safe- States Code. Sec. 32301. Electronic on-board recording de- ty. Sec. 34004. Training for emergency respond- vices. Sec. 32705. Occupant protection, collision ers. Sec. 32302. Safety fitness. avoidance, fire causation, and Sec. 34005. Paperless Hazard Communica- Sec. 32303. Driver medical qualifications. fire extinguisher research and tions Pilot Program. Sec. 32304. Commercial driver’s license noti- testing. Sec. 34006. Improving data collection, anal- fication system. Sec. 32706. Motorcoach registration. ysis, and reporting. Sec. 32305. Commercial motor vehicle oper- Sec. 32707. Improved oversight of motor- Sec. 34007. Loading and unloading of haz- ator training. coach service providers. ardous materials. Sec. 32306. Commercial driver’s license pro- Sec. 32708. Report on feasibility, benefits, Sec. 34008. Hazardous material technical as- gram. and costs of establishing a sys- sessment, research and develop- Sec. 32307. Commercial driver’s license re- tem of certification of training ment, and analysis program. quirements. programs. Sec. 34009. Hazardous Material Enforcement Sec. 32308. Commercial motor vehicle driver Sec. 32709. Report on driver’s license re- Training Program. information systems. quirements for 9- to 15-pas- Sec. 34010. Inspections. Sec. 34011. Civil penalties. Sec. 32309. Disqualifications based on non- senger vans. Sec. 34012. Reporting of fees. commercial motor vehicle oper- Sec. 32710. Event data recorders. Sec. 34013. Special permits, approvals, and ations. Sec. 32711. Safety inspection program for exclusions. Sec. 32310. Federal driver disqualifications. commercial motor vehicles of Sec. 34014. Highway routing disclosures. Sec. 32311. Employer responsibilities. passengers. Sec. 32712. Distracted driving. Sec. 34015. Authorization of appropriations. Subtitle D—Safe Roads Act of 2012 Sec. 32713. Regulations. TITLE V—RESEARCH AND INNOVATIVE Sec. 32401. Short title. Subtitle H—Safe Highways and TECHNOLOGY ADMINISTRATION REAU- Sec. 32402. National clearinghouse for con- Infrastructure Preservation THORIZATION ACT OF 2012 trolled substance and alcohol Sec. 35001. Short title. test results of commercial Sec. 32801. Comprehensive truck size and Sec. 35002. National Cooperative Freight Re- motor vehicle operators. weight limits study. search Program. Sec. 32403. Drug and alcohol violation sanc- Sec. 32802. Compilation of existing State Sec. 35003. Bureau of Transportation Statis- tions. truck size and weight limit tics. Sec. 32404. Authorization of appropriations. laws. Sec. 35004. 5.9 GHz vehicle-to-vehicle and ve- Subtitle I—Miscellaneous Subtitle E—Enforcement hicle-to-infrastructure commu- Sec. 32501. Inspection demand and display of PART I—MISCELLANEOUS nications systems deployment. credentials. Sec. 32911. Detention time study. Sec. 35005. Administrative authority. Sec. 32502. Out of service penalty for denial Sec. 32912. Prohibition of coercion. Sec. 35006. Prize authority. of access to records. Sec. 32913. Motor carrier safety advisory Sec. 35007. Transportation research and de- Sec. 32503. Penalties for violation of oper- committee. velopment. ation out of service orders. Sec. 32914. Waivers, exemptions, and pilot Sec. 35008. Use of funds for intelligent trans- Sec. 32504. Minimum prohibition on oper- programs. portation systems activities. ation for unfit carriers. Sec. 32915. Registration requirements. Sec. 35009. Authorization of appropriations. Sec. 32505. Minimum out of service pen- Sec. 32916. Additional motor carrier reg- TITLE VI—NATIONAL RAIL SYSTEM alties. istration requirements. PRESERVATION, EXPANSION, AND DE- Sec. 32506. Impoundment and immobiliza- Sec. 32917. Registration of freight forwarders VELOPMENT ACT OF 2012 tion of commercial motor vehi- and brokers. Sec. 36001. Short title. cles for imminent hazard. Sec. 32918. Effective periods of registration. Sec. 36002. References to title 49, United Sec. 32507. Increased penalties for evasion of Sec. 32919. Financial security of brokers and States Code. regulations. freight forwarders. Sec. 32508. Failure to pay civil penalty as a Sec. 32920. Unlawful brokerage activities. Subtitle A—Federal and State Roles in Rail Planning and Development Tools disqualifying offense. PART II—HOUSEHOLD GOODS Sec. 32509. Violations relating to commer- TRANSPORTATION Sec. 36101. Rail plans. cial motor vehicle safety regu- Sec. 36102. Improved data on delay. Sec. 32921. Additional registration require- lation and operators. Sec. 36103. Data and modeling. ments for household goods Sec. 32510. Emergency disqualification for Sec. 36104. Shared-use corridor study. motor carriers. imminent hazard. Sec. 36105. Cooperative equipment pool. Sec. 32922. Failure to give up possession of Sec. 32511. Intrastate operations of inter- Sec. 36106. Project management oversight household goods. state motor carriers. and planning. Sec. 32923. Settlement authority. Sec. 32512. Enforcement of safety laws and Sec. 36107. Improvements to the Capital As- Sec. 32924. Household goods transportation regulations. sistance Programs. assistance program. Sec. 32513. Disclosure to State and local law Sec. 36108. Liability. Sec. 32925. Household goods consumer edu- enforcement agencies. Sec. 36109. Disadvantaged business enter- cation program. Subtitle F—Compliance, Safety, prises. PART III—TECHNICAL AMENDMENTS Accountability Sec. 36110. Workforce development. Sec. 32931. Update of obsolete text. Sec. 36111. Veterans employment. Sec. 32601. Compliance, safety, account- Sec. 32932. Correction of interstate com- ability. Subtitle B—Amtrak merce commission references. Sec. 32602. Performance and registration in- Sec. 36201. State-supported routes. Sec. 32933. Technical and conforming formation systems manage- Sec. 36202. Northeast corridor infrastructure amendments. ment program. and operations advisory com- Sec. 32603. Commercial motor vehicle de- TITLE III—SURFACE TRANSPORTATION mission. fined. AND FREIGHT POLICY ACT OF 2012 Sec. 36203. Northeast corridor high-speed Sec. 32604. Driver safety fitness ratings. Sec. 33001. Short title. rail improvement plan.

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Sec. 36204. Northeast corridor environ- (A) $5,000,000 for fiscal year 2012; and (g) TRANSFERS.—In each fiscal year, the mental review process. (B) $5,000,000 for fiscal year 2013. Secretary may transfer any amounts re- Sec. 36205. Delegation authority. (8) HIGH VISIBILITY ENFORCEMENT PRO- maining available under paragraphs (3), (4), Sec. 36206. Amtrak inspector general. GRAM.—For carrying out section 2009 of (5), (6), (9), (11), and (12) of subsection (a) to Sec. 36207. Compensation for private-sector SAFETEA LU (23 U.S.C. 402 note)— the amounts made available under paragraph use of Federally-funded assets. (A) $37,000,000 for fiscal year 2012; and (1) or any other of such paragraphs in order Sec. 36208. On-time performance. (B) $37,000,000 for fiscal year 2013. to ensure, to the maximum extent possible, Sec. 36209. Board of directors. (9) MOTORCYCLIST SAFETY.—For carrying that all funds are obligated. (h) GRANT APPLICATION AND DEADLINE.—To Subtitle C—Rail Safety Improvements out section 2010 of SAFETEA LU (23 U.S.C. 402 note)— receive a grant under this subtitle, a State Sec. 36301. Positive train control. (A) $6,000,000 for fiscal year 2012; and shall submit an application, and the Sec- Sec. 36302. Additional eligibility for Rail- (B) $6,000,000 for fiscal year 2013. retary shall establish a single deadline for road rehabilitation and im- (10) ADMINISTRATIVE EXPENSES.—For ad- such applications to enable the award of provement financing. ministrative and related operating expenses grants early in the next fiscal year. Sec. 36303. FCC study of spectrum avail- (i) ALLOCATION TO SUPPORT STATE DIS- of the National Highway Traffic Safety Ad- ability. TRACTED DRIVING LAWS.—Of the amounts ministration in carrying out chapter 4 of available under subsection (a)(6) for dis- Subtitle D—Freight Rail title 23, United States Code, and this sub- tracted driving grants, the Secretary may Sec. 36401. Rail line relocation. title— expend, in each fiscal year, up to $5,000,000 Sec. 36402. Compilation of complaints. (A) $25,581,280 for fiscal year 2012; and for the development and placement of broad- Sec. 36403. Maximum relief in certain rate (B) $25,862,674 for fiscal year 2013. cast media to support the enforcement of cases. (11) DRIVER ALCOHOL DETECTION SYSTEM FOR State distracted driving laws. Sec. 36404. Rate review timelines. SAFETY RESEARCH.—For carrying out section SEC. 31102. HIGHWAY SAFETY PROGRAMS. Sec. 36405. Revenue adequacy study. 413 of title 23, United States Code— (a) PROGRAMS INCLUDED.—Section 402(a) of Sec. 36406. Quarterly reports. (A) $12,000,000 for fiscal year 2012; and title 23, United States Code, is amended to Sec. 36407. Workforce review. (B) $12,000,000 for fiscal year 2013. read as follows: Sec. 36408. Railroad rehabilitation and im- (12) STATE GRADUATED DRIVER LICENSING ‘‘(a) PROGRAM REQUIRED.— provement financing. LAWS.—For carrying out section 414 of title ‘‘(1) IN GENERAL.—Each State shall have a Subtitle E—Technical Corrections 23, United States Code— highway safety program, approved by the (A) $22,000,000 for fiscal year 2012; and Sec. 36501. Technical corrections. Secretary, that is designed to reduce traffic (B) $22,000,000 for fiscal year 2013. Sec. 36502. Condemnation authority. accidents and the resulting deaths, injuries, (b) PROHIBITION ON OTHER USES.—Except as and property damage. Subtitle F—Licensing and Insurance otherwise provided in chapter 4 of title 23, ‘‘(2) UNIFORM GUIDELINES.—Programs re- Requirements for Passenger Rail Carriers United States Code, in this subtitle, and in quired under paragraph (1) shall comply with the amendments made by this subtitle, the Sec. 36601. Certification of passenger rail uniform guidelines, promulgated by the Sec- amounts made available from the Highway carriers. retary and expressed in terms of performance Trust Fund (other than the Mass Transit Ac- TITLE VII—SPORT FISH RESTORATION criteria, that— count) for a program under such chapter— AND RECREATIONAL BOATING SAFETY ‘‘(A) include programs— (1) shall only be used to carry out such pro- ACT OF 2012 ‘‘(i) to reduce injuries and deaths resulting gram; and from motor vehicles being driven in excess of Sec. 37001. Short title. (2) may not be used by a States or local posted speed limits; Sec. 37002. Amendment of Federal Aid in governments for construction purposes. Sport Fish Restoration Act. (c) APPLICABILITY OF SUBTITLE 23.—Except ‘‘(ii) to encourage the proper use of occu- Sec. 37003. Amendment of trust fund code. as otherwise provided in chapter 4 of title 23, pant protection devices (including the use of SEC. 31002. DEFINITION. United States Code, and in this subtitle, safety belts and child restraint systems) by In this title, the term ‘‘Secretary’’ means amounts made available under subsection (a) occupants of motor vehicles; the Secretary of Transportation. for fiscal years 2012 and 2013 shall be avail- ‘‘(iii) to reduce injuries and deaths result- ing from persons driving motor vehicles Subtitle A—Highway Safety able for obligation in the same manner as if such funds were apportioned under chapter 1 while impaired by alcohol or a controlled SEC. 31101. AUTHORIZATION OF APPROPRIA- of title 23, United States Code. substance; TIONS. (d) REGULATORY AUTHORITY.—Grants ‘‘(iv) to prevent accidents and reduce inju- (a) IN GENERAL.—The following sums are awarded under this subtitle shall be in ac- ries and deaths resulting from accidents in- authorized to be appropriated out of the cordance with regulations issued by the Sec- volving motor vehicles and motorcycles; Highway Trust Fund (other than the Mass retary. ‘‘(v) to reduce injuries and deaths resulting Transit Account): (e) STATE MATCHING REQUIREMENTS.—If a from accidents involving school buses; (1) HIGHWAY SAFETY PROGRAMS.—For car- grant awarded under this subtitle requires a ‘‘(vi) to reduce accidents resulting from rying out section 402 of title 23, United State to share in the cost, the aggregate of unsafe driving behavior (including aggressive States Code— all expenditures for highway safety activi- or fatigued driving and distracted driving (A) $243,000,000 for fiscal year 2012; and ties made during any fiscal year by the State arising from the use of electronic devices in (B) $243,000,000 for fiscal year 2013. and its political subdivisions (exclusive of vehicles); and (2) HIGHWAY SAFETY RESEARCH AND DEVEL- Federal funds) for carrying out the grant ‘‘(vii) to improve law enforcement services OPMENT.—For carrying out section 403 of (other than planning and administration) in motor vehicle accident prevention, traffic title 23, United States Code— shall be available for the purpose of cred- supervision, and post-accident procedures; (A) $130,000,000 for fiscal year 2012; and iting the State during such fiscal year for ‘‘(B) improve driver performance, includ- (B) $139,000,000 for fiscal year 2013. the non-Federal share of the cost of any ing— (3) COMBINED OCCUPANT PROTECTION project under this subtitle (other than plan- ‘‘(i) driver education; GRANTS.—For carrying out section 405 of ning or administration) without regard to ‘‘(ii) driver testing to determine pro- title 23, United States Code— whether such expenditures were actually ficiency to operate motor vehicles; and (A) $44,000,000 for fiscal year 2012; and made in connection with such project. ‘‘(iii) driver examinations (physical, men- (B) $44,000,000 for fiscal year 2013. (f) MAINTENANCE OF EFFORT.— tal, and driver licensing); (4) STATE TRAFFIC SAFETY INFORMATION (1) REQUIREMENT.—No grant may be made ‘‘(C) improve pedestrian performance and SYSTEM IMPROVEMENTS.—For carrying out to a State under section 405, 408, or 410 of bicycle safety; section 408 of title 23, United States Code— title 23, United States Code, in any fiscal ‘‘(D) include provisions for— (A) $44,000,000 for fiscal year 2012; and year unless the State enters into such agree- ‘‘(i) an effective record system of accidents (B) $44,000,000 for fiscal year 2013. ments with the Secretary as the Secretary (including resulting injuries and deaths); (5) IMPAIRED DRIVING COUNTERMEASURES.— may require to ensure that the State will ‘‘(ii) accident investigations to determine For carrying out section 410 of title 23, maintain its aggregate expenditures from all the probable causes of accidents, injuries, United States Code— State and local sources for programs de- and deaths; (A) $139,000,000 for fiscal year 2012; and scribed in such sections at or above the aver- ‘‘(iii) vehicle registration, operation, and (B) $139,000,000 for fiscal year 2013. age level of such expenditures in its 2 fiscal inspection; and (6) DISTRACTED DRIVING GRANTS.—For car- years preceding the date of enactment of this ‘‘(iv) emergency services; and rying out section 411 of title 23, United Act. ‘‘(E) to the extent determined appropriate States Code— (2) WAIVER.—Upon the request of a State, by the Secretary, are applicable to federally (A) $39,000,000 for fiscal year 2012; and the Secretary may waive or modify the re- administered areas where a Federal depart- (B) $39,000,000 for fiscal year 2013. quirements under paragraph (1) for not more ment or agency controls the highways or su- (7) NATIONAL DRIVER REGISTER.—For the than 1 fiscal year if the Secretary deter- pervises traffic operations.’’. National Highway Traffic Safety Adminis- mines that such a waiver would be equitable (b) ADMINISTRATION OF STATE PROGRAMS.— tration to carry out chapter 303 of title 49, due to exceptional or uncontrollable cir- Section 402(b)(1) of title 23, United States United States Code— cumstances. Code, is amended—

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(1) in subparagraph (D), by striking ‘‘and’’ (e) IN GENERAL.—Section 402 of title 23, ‘‘(II) provide for evidence-based program- at the end; United States Code, is amended— ming of funding in a manner sufficient to (2) by redesignating subparagraph (E) as (1) by striking subsections (k) and (m); allow the State to meet such targets. subparagraph (F); (2) by redesignating subsections (i) and (j) ‘‘(C) ACTIONS UPON DISAPPROVAL.—If the (3) by inserting after subparagraph (D) the as subsections (h) and (i), respectively; and Secretary disapproves a State’s highway following: (3) by redesignating subsection (l) as sub- safety plan, the Secretary shall— ‘‘(E) beginning on October 1, 2012, provide section (j). ‘‘(i) inform the State of the reasons for for a robust, data-driven traffic safety en- (f) HIGHWAY SAFETY PLAN AND REPORTING such disapproval; and forcement program to prevent traffic viola- REQUIREMENTS.—Section 402 of title 23, ‘‘(ii) require the State to resubmit the plan tions, crashes, and crash fatalities and inju- United States Code, as amended by this sec- with any modifications that the Secretary ries in areas most at risk for such incidents, tion, is further amended by adding at the end determines to be necessary. to the satisfaction of the Secretary;’’; and the following: ‘‘(D) REVIEW OF RESUBMITTED PLANS.—If (4) in subparagraph (F), as redesignated— ‘‘(k) HIGHWAY SAFETY PLAN AND REPORTING the Secretary requires a State to resubmit a (A) in clause (i), by inserting ‘‘and high- REQUIREMENTS.— highway safety plan, with modifications, the visibility law enforcement mobilizations co- ‘‘(1) IN GENERAL.—The Secretary shall re- Secretary shall review and approve or dis- quire each State to develop and submit to ordinated by the Secretary’’ after ‘‘mobiliza- approve the modified plan not later than 30 the Secretary a highway safety plan that tions’’; days after the date on which the Secretary complies with the requirements under this (B) in clause (iii), by striking ‘‘and’’ at the receives such plan. subsection not later than July 1, 2012, and end; ‘‘(E) REPROGRAMMING AUTHORITY.—If the annually thereafter. (C) in clause (iv), by striking the period at Secretary determines that the modifications ‘‘(2) CONTENTS.—State highway safety the end and inserting ‘‘; and’’; and contained in a State’s resubmitted highway plans submitted under paragraph (1) shall in- (D) by adding at the end the following: safety plan do not provide for the program- clude— ‘‘(v) ensuring that the State will coordi- ming of funding in a manner sufficient to ‘‘(A) performance measures required by the nate its highway safety plan, data collection, meet the State’s performance goals, the Sec- Secretary or otherwise necessary to support and information systems with the State retary, in consultation with the State, shall additional State safety goals, including— strategic highway safety plan (as defined in take such action as may be necessary to section 148(a)).’’. ‘‘(i) documentation of current safety levels for each performance measure; bring the State’s plan into compliance with (c) APPROVED HIGHWAY SAFETY PRO- the performance targets. GRAMS.—Section 402(c) of title 23, United ‘‘(ii) quantifiable annual performance tar- gets for each performance measure; and ‘‘(F) PUBLIC NOTICE.—A State shall make States Code, is amended— the State’s highway safety plan, and deci- (1) by striking ‘‘(c) Funds authorized’’ and ‘‘(iii) a justification for each performance target; sions of the Secretary concerning approval inserting the following: or disapproval of a revised plan, available to ‘‘(c) USE OF FUNDS.— ‘‘(B) a strategy for programming funds ap- the public.’’. ‘‘(1) IN GENERAL.—Funds authorized’’; portioned to the State under this section on (2) by striking ‘‘Such funds’’ and inserting projects and activities that will allow the (g) COOPERATIVE RESEARCH AND EVALUA- the following: State to meet the performance targets de- TION.—Section 402 of title 23, United States ‘‘(2) APPORTIONMENT.—Except for amounts scribed in subparagraph (A); Code, as amended by this section, is further identified in subsection (l) and section 403(e), ‘‘(C) data and data analysis supporting the amended by adding at the end the following: funds described in paragraph (1)’’; effectiveness of proposed countermeasures; ‘‘(l) COOPERATIVE RESEARCH AND EVALUA- (3) by striking ‘‘The Secretary shall not’’ ‘‘(D) a description of any Federal, State, TION.— local, or private funds that the State plans and all that follows through ‘‘subsection, a ‘‘(1) ESTABLISHMENT AND FUNDING.—Not- highway safety program’’ and inserting ‘‘A to use, in addition to funds apportioned to withstanding the apportionment formula set highway safety program’’; the State under this section, to carry out the forth in subsection (c)(2), $2,500,000 of the (4) by inserting ‘‘A State may use the funds strategy described in subparagraph (B); total amount available for apportionment to apportioned under this section, in coopera- ‘‘(E) beginning with the plan submitted by the States for highway safety programs tion with neighboring States, for highway July 1, 2013, a report on the State’s success under subsection (c) in each fiscal year shall safety programs or related projects that may in meeting State safety goals set forth in the be available for expenditure by the Sec- confer benefits on such neighboring States.’’ previous year’s highway safety plan; and retary, acting through the Administrator of after ‘‘in every State.’’; ‘‘(F) an application for any additional the National Highway Traffic Safety Admin- (5) by striking ‘‘50 per centum’’ and insert- grants available to the State under this istration, for a cooperative research and ing ‘‘20 percent’’; and chapter. evaluation program to research and evaluate (6) by striking ‘‘The Secretary shall ‘‘(3) PERFORMANCE MEASURES.—For the priority highway safety countermeasures. first highway safety plan submitted under promptly’’ and all that follows and inserting ‘‘(2) ADMINISTRATION.—The program estab- the following: this subsection, the performance measures lished under paragraph (1)— ‘‘(3) REAPPORTIONMENT.—The Secretary required by the Secretary under paragraph ‘‘(A) shall be administered by the Adminis- shall promptly apportion the funds withheld (2)(A) shall be limited to those developed by trator of the National Highway Traffic Safe- from a State’s apportionment to the State if the National Highway Traffic Safety Admin- ty Administration; and the Secretary approves the State’s highway istration and the Governor’s Highway Safety ‘‘(B) shall be jointly managed by the Gov- safety program or determines that the State Association and described in the report, ernors Highway Safety Association and the has begun implementing an approved pro- ‘Traffic Safety Performance Measures for National Highway Traffic Safety Adminis- gram, as appropriate, not later than July States and Federal Agencies’ (DOT HS 811 tration.’’. 31st of the fiscal year for which the funds 025). For subsequent highway safety plans, the Secretary shall consult with the Gov- (h) TEEN TRAFFIC SAFETY PROGRAM.—Sec- were withheld. If the Secretary determines tion 402 of title 23, United States Code, as that the State did not correct its failure ernor’s Highway Safety Association and safe- ty experts if the Secretary makes revisions amended by this section, is further amended within such period, the Secretary shall re- by adding at the end the following: apportion the withheld funds to the other to the set of required performance measures. States in accordance with the formula speci- ‘‘(4) REVIEW OF HIGHWAY SAFETY PLANS.— ‘‘(m) TEEN TRAFFIC SAFETY PROGRAM.— fied in paragraph (2) not later than the last ‘‘(A) IN GENERAL.—Not later than 60 days ‘‘(1) PROGRAM AUTHORIZED.—Subject to the day of the fiscal year.’’. after the date on which a State’s highway requirements of a State’s highway safety (d) USE OF HIGHWAY SAFETY PROGRAM safety plan is received by the Secretary, the plan, as approved by the Secretary under FUNDS.—Section 402(g) of title 23, United Secretary shall review and approve or dis- subsection (k), a State may use a portion of States Code, is amended to read as follows: approve the plan. the amounts received under this section to ‘‘(g) SAVINGS PROVISION.— ‘‘(B) APPROVALS AND DISAPPROVALS.— implement a statewide teen traffic safety ‘‘(1) IN GENERAL.—Except as provided under ‘‘(i) APPROVALS.—The Secretary shall ap- program to improve traffic safety for teen paragraph (2), nothing in this section may be prove a State’s highway safety plan if the drivers. construed to authorize the appropriation or Secretary determines that— ‘‘(2) STRATEGIES.—The program imple- expenditure of funds for— ‘‘(I) the plan is evidence-based and sup- mented under paragraph (1)— ‘‘(A) highway construction, maintenance, ported by data; ‘‘(A) shall include peer-to-peer education or design (other than design of safety fea- ‘‘(II) the performance targets are adequate; and prevention strategies in schools and tures of highways to be incorporated into and communities designed to— guidelines); or ‘‘(III) the plan, once implemented, will ‘‘(i) increase safety belt use; ‘‘(B) any purpose for which funds are au- allow the State to meet such targets. ‘‘(ii) reduce speeding; thorized by section 403. ‘‘(ii) DISAPPROVALS.—The Secretary shall ‘‘(iii) reduce impaired and distracted driv- ‘‘(2) DEMONSTRATION PROJECTS.—A State disapprove a State’s highway safety plan if ing; may use funds made available to carry out the Secretary determines that the plan does ‘‘(iv) reduce underage drinking; and this section to assist in demonstration not— ‘‘(v) reduce other behaviors by teen drivers projects carried out by the Secretary under ‘‘(I) set appropriate performance targets; that lead to injuries and fatalities; and section 403.’’. or ‘‘(B) may include—

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‘‘(i) working with student-led groups and thority, association, institution, foreign ‘‘(1) ESTABLISHMENT.—The Secretary, act- school advisors to plan and implement teen country, or person (as defined in chapter 1 of ing through the Administrator of the Na- traffic safety programs; title 1); or tional Highway Traffic Safety Administra- ‘‘(ii) providing subgrants to schools ‘‘(D) by making grants to the National tion, may establish an international high- throughout the State to support the estab- Academy of Sciences, any Federal labora- way safety information and cooperation pro- lishment and expansion of student groups fo- tory, State or local agency, authority, asso- gram to— cused on teen traffic safety; ciation, institution, or person (as defined in ‘‘(A) inform the United States highway ‘‘(iii) providing support, training, and tech- chapter 1 of title 1). safety community of laws, projects, pro- nical assistance to establish and expand ‘‘(c) COLLABORATIVE RESEARCH AND DEVEL- grams, data, and technology in foreign coun- school and community safety programs for OPMENT.— tries that could be used to enhance highway teen drivers; ‘‘(1) IN GENERAL.—To encourage innovative safety in the United States; ‘‘(iv) creating statewide or regional solutions to highway safety problems, stimu- ‘‘(B) permit the exchange of information websites to publicize and circulate informa- late voluntary improvements in highway with foreign countries about laws, projects, tion on teen safety programs; safety, and stimulate the marketing of new programs, data, and technology that could ‘‘(v) conducting outreach and providing highway safety related technology by pri- be used to enhance highway safety; and educational resources for parents; vate industry, the Secretary is authorized to ‘‘(C) allow the Secretary, represented by ‘‘(vi) establishing State or regional advi- carry out, on a cost-shared basis, collabo- the Administrator, to participate and co- sory councils comprised of teen drivers to rative research and development with— operate in international activities to en- provide input and recommendations to the ‘‘(A) non-Federal entities, including State hance highway safety. governor and the governor’s safety rep- and local governments, foreign countries, ‘‘(2) COOPERATION.—The Secretary may resentative on issues related to the safety of colleges, universities, corporations, partner- carry out this subsection in cooperation with teen drivers; ships, sole proprietorships, organizations any appropriate Federal agency, State or ‘‘(vii) collaborating with law enforcement; serving the interests of children, people with local agency or authority, foreign govern- ‘‘(viii) organizing and hosting State and re- disabilities, low-income populations, and ment, or multinational institution. gional conferences for teen drivers; older adults, and trade associations that are ‘‘(h) PROHIBITION ON CERTAIN DISCLO- ‘‘(ix) establishing partnerships and pro- incorporated or established under the laws of SURES.—Any report of the National Highway moting coordination among community any State or the United States; and Traffic Safety Administration, or of any offi- stakeholders, including public, not-for-prof- ‘‘(B) Federal laboratories. cer, employee, or contractor of the National ‘‘(2) AGREEMENTS.—In carrying out this it, and for profit entities; and Highway Traffic Safety Administration, re- subsection, the Secretary may enter into co- ‘‘(x) funding a coordinator position for the lating to any highway traffic accident or the operative research and development agree- teen safety program in the State or region.’’. investigation of such accident conducted ments (as defined in section 12 of the Steven- pursuant to this chapter or chapter 301 shall SEC. 31103. HIGHWAY SAFETY RESEARCH AND DE- son-Wydler Technology Innovation Act of VELOPMENT. be made available to the public in a manner 1980 (15 U.S.C. 3710a)) in which the Secretary Section 403 of title 23, United States Code, that does not identify individuals. provides not more than 50 percent of the cost is amended to read as follows: ‘‘(i) MODEL SPECIFICATIONS FOR DEVICES.— of any research or development project under The Secretary, acting through the Adminis- ‘‘§ 403. Highway safety research and develop- this subsection. trator of the National Highway Traffic Safe- ment ‘‘(3) USE OF TECHNOLOGY.—The research, de- ty Administration, may— ‘‘(a) DEFINED TERM.—In this section, the velopment, or use of any technology pursu- ‘‘(1) develop model specifications and test- term ‘Federal laboratory’ includes— ant to an agreement under this subsection, ing procedures for devices, including devices ‘‘(1) a government-owned, government-op- including the terms under which technology designed to measure the concentration of al- erated laboratory; and may be licensed and the resulting royalties cohol in the body; ‘‘(2) a government-owned, contractor-oper- may be distributed, shall be subject to the ‘‘(2) conduct periodic tests of such devices; ated laboratory. provisions of the Stevenson-Wydler Tech- ‘‘(3) publish a Conforming Products List of ‘‘(b) GENERAL AUTHORITY.— nology Innovation Act of 1980 (15 U.S.C. 3701 such devices that have met the model speci- ‘‘(1) RESEARCH AND DEVELOPMENT ACTIVI- et seq.). fications; and TIES.—The Secretary may conduct research ‘‘(d) TITLE TO EQUIPMENT.—In furtherance ‘‘(4) may require that any necessary tests and development activities, including dem- of the purposes set forth in section 402, the of such devices are conducted by a Federal onstration projects and the collection and Secretary may vest title to equipment pur- laboratory and paid for by the device manu- analysis of highway and motor vehicle safety chased for demonstration projects with funds facturers.’’. data and related information needed to carry authorized under this section to State or SEC. 31104. NATIONAL DRIVER REGISTER. out this section, with respect to— local agencies on such terms and conditions Section 30302(b) of title 49, United States ‘‘(A) all aspects of highway and traffic as the Secretary determines to be appro- Code, is amended by adding at the end the safety systems and conditions relating to— priate. following: ‘‘The Secretary shall make con- ‘‘(i) vehicle, highway, driver, passenger, ‘‘(e) TRAINING.—Notwithstanding the ap- tinual improvements to modernize the Reg- motorcyclist, bicyclist, and pedestrian char- portionment formula set forth in section ister’s data processing system.’’. 402(c)(2), 1 percent of the total amount avail- acteristics; SEC. 31105. COMBINED OCCUPANT PROTECTION ‘‘(ii) accident causation and investigations; able for apportionment to the States for GRANTS. highway safety programs under section 402(c) ‘‘(iii) communications; (a) IN GENERAL.—Section 405 of title 23, ‘‘(iv) emergency medical services; and in each fiscal year shall be available, United States Code, is amended to read as ‘‘(v) transportation of the injured; through the end of the succeeding fiscal follows: year, to the Secretary, acting through the ‘‘(B) human behavioral factors and their ef- ‘‘§ 405. Combined occupant protection grants fect on highway and traffic safety, includ- Administrator of the National Highway Traf- ‘‘(a) GENERAL AUTHORITY.—Subject to the ing— fic Safety Administration— ‘‘(1) to provide training, conducted or de- requirements of this section, the Secretary ‘‘(i) driver education; of Transportation shall award grants to ‘‘(ii) impaired driving; veloped by Federal or non-Federal entity or personnel, to Federal, State, and local high- States that adopt and implement effective ‘‘(iii) distracted driving; and occupant protection programs to reduce ‘‘(iv) new technologies installed in, or way safety personnel; and ‘‘(2) to pay for any travel, administrative, highway deaths and injuries resulting from brought into, vehicles; individuals riding unrestrained or improp- ‘‘(C) an evaluation of the effectiveness of and other expenses related to such training. ‘‘(f) DRIVER LICENSING AND FITNESS TO erly restrained in motor vehicles. countermeasures to increase highway and DRIVE CLEARINGHOUSE.—From amounts made ‘‘(b) FEDERAL SHARE.—The Federal share of traffic safety, including occupant protection available under this section, the Secretary, the costs of activities funded using amounts and alcohol- and drug-impaired driving tech- acting through the Administrator of the Na- from grants awarded under this section may nologies and initiatives; and tional Highway Traffic Safety Administra- not exceed 80 percent for each fiscal year for ‘‘(D) the effect of State laws on any as- tion, is authorized to expend $1,280,000 be- which a State receives a grant. pects, activities, or programs described in tween the date of enactment of the Motor ‘‘(c) ELIGIBILITY.— subparagraphs (A) through (C). Vehicle and Highway Safety Improvement ‘‘(1) HIGH SEAT BELT USE RATE.—A State ‘‘(2) COOPERATION, GRANTS, AND CON- Act of 2012 and September 30, 2013, to estab- with an observed seat belt use rate of 90 per- TRACTS.—The Secretary may carry out this lish an electronic clearinghouse and tech- cent or higher, based on the most recent section— nical assistance service to collect and dis- data from a survey that conforms with na- ‘‘(A) independently; seminate research and analysis of medical tional criteria established by the National ‘‘(B) in cooperation with other Federal de- and technical information and best practices Highway Traffic Safety Administration, partments, agencies, and instrumentalities concerning drivers with medical issues that shall be eligible for a grant in a fiscal year and Federal laboratories; may be used by State driver licensing agen- if the State— ‘‘(C) by entering into contracts, coopera- cies in making licensing qualification deci- ‘‘(A) submits an occupant protection plan tive agreements, and other transactions with sions. during the first fiscal year; the National Academy of Sciences, any Fed- ‘‘(g) INTERNATIONAL HIGHWAY SAFETY IN- ‘‘(B) participates in the Click It or Ticket eral laboratory, State or local agency, au- FORMATION AND COOPERATION.— national mobilization;

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‘‘(C) has an active network of child re- ‘‘(f) REPORT.—A State that receives a grant gency medical services or injury surveillance straint inspection stations; and under this section shall submit a report to system, roadway, and vehicle databases; ‘‘(D) has a plan to recruit, train, and main- the Secretary that documents the manner in ‘‘(4) has demonstrated quantitative tain a sufficient number of child passenger which the grant amounts were obligated and progress in relation to the significant data safety technicians. expended and identifies the specific pro- program attribute of— ‘‘(2) LOWER SEAT BELT USE RATE.—A State grams carried out with the grant funds. The ‘‘(A) accuracy; with an observed seat belt use rate below 90 report shall be in a form prescribed by the ‘‘(B) completeness; percent, based on the most recent data from Secretary and may be combined with other ‘‘(C) timeliness; a survey that conforms with national cri- State grant reporting requirements under ‘‘(D) uniformity; teria established by the National Highway chapter 4 of title 23, United States Code. ‘‘(E) accessibility; or Traffic Safety Administration, shall be eligi- ‘‘(g) DEFINITIONS.—In this section: ‘‘(F) integration of a core highway safety ble for a grant in a fiscal year if— ‘‘(1) CHILD RESTRAINT.—The term ‘child re- database; and ‘‘(A) the State meets all of the require- straint’ means any device (including child ‘‘(5) has certified to the Secretary that an ments under subparagraphs (A) through (D) safety seat, booster seat, harness, and ex- assessment of the State’s highway safety of paragraph (1); and cepting seat belts) designed for use in a data and traffic records system was con- ‘‘(B) the Secretary determines that the motor vehicle to restrain, seat, or position ducted or updated during the preceding 5 State meets at least 3 of the following cri- children who weigh 65 pounds (30 kilograms) years. teria: or less, and certified to the Federal motor ‘‘(d) USE OF GRANT AMOUNTS.—Grant funds ‘‘(i) The State conducts sustained (on- vehicle safety standard prescribed by the Na- received by a State under this section shall going and periodic) seat belt enforcement at tional Highway Traffic Safety Administra- be used for making data program improve- a defined level of participation during the tion for child restraints. ments to core highway safety databases re- year. ‘‘(2) SEAT BELT.—The term ‘seat belt’ lated to quantifiable, measurable progress in ‘‘(ii) The State has enacted and enforces a means— any of the 6 significant data program at- primary enforcement seat belt use law. ‘‘(A) with respect to open-body motor vehi- tributes set forth in subsection (c)(4). ‘‘(iii) The State has implemented counter- cles, including convertibles, an occupant re- ‘‘(e) GRANT AMOUNT.—The allocation of measure programs for high-risk populations, straint system consisting of a lap belt or a grant funds under this section to a State for such as drivers on rural roadways, unre- lap belt and a detachable shoulder belt; and a fiscal year shall be in proportion to the strained nighttime drivers, or teenage driv- ‘‘(B) with respect to other motor vehicles, State’s apportionment under section 402 for ers. an occupant restraint system consisting of fiscal year 2009.’’. ‘‘(iv) The State has enacted and enforces integrated lap and shoulder belts.’’. SEC. 31107. IMPAIRED DRIVING COUNTER- occupant protection laws requiring front and (b) CONFORMING AMENDMENT.—The analysis MEASURES. rear occupant protection use by all occu- for chapter 4 of title 23, United States Code, (a) IN GENERAL.—Section 410 of title 23, pants in an age-appropriate restraint. is amended by striking the item relating to United States Code, is amended to read as ‘‘(v) The State has implemented a com- section 405 and inserting the following: follows: prehensive occupant protection program in ‘‘405. Combined occupant protection ‘‘§ 410. Impaired driving countermeasures which the State has— grants.’’. ‘‘(a) GRANTS AUTHORIZED.—Subject to the ‘‘(I) conducted a program assessment; SEC. 31106. STATE TRAFFIC SAFETY INFORMA- requirements of this section, the Secretary ‘‘(II) developed a statewide strategic plan; TION SYSTEM IMPROVEMENTS. of Transportation shall award grants to ‘‘(III) designated an occupant protection Section 408 of title 23, United States Code, States that adopt and implement— coordinator; and is amended to read as follows: ‘‘(1) effective programs to reduce driving ‘‘(IV) established a statewide occupant pro- ‘‘§ 408. State traffic safety information system under the influence of alcohol, drugs, or the tection task force. improvements combination of alcohol and drugs; or ‘‘(vi) The State— ‘‘(a) GENERAL AUTHORITY.—Subject to the ‘‘(2) alcohol-ignition interlock laws. ‘‘(I) completed an assessment of its occu- requirements of this section, the Secretary ‘‘(b) FEDERAL SHARE.—The Federal share of pant protection program during the 3-year of Transportation shall award grants to the costs of activities funded using amounts period preceding the grant year; or States to support the development and im- from grants under this section may not ex- ‘‘(II) will conduct such an assessment dur- plementation of effective State programs ceed 80 percent in any fiscal year in which ing the first year of the grant. that— the State receives a grant. ‘‘(d) USE OF GRANT AMOUNTS.—Grant funds ‘‘(1) improve the timeliness, accuracy, ‘‘(c) ELIGIBILITY.— received pursuant to this section may be completeness, uniformity, integration, and ‘‘(1) LOW-RANGE STATES.—Low-range States used to— accessibility of the State safety data that is shall be eligible for a grant under this sec- ‘‘(1) carry out a program to support high- needed to identify priorities for Federal, tion. visibility enforcement mobilizations, includ- State, and local highway and traffic safety ‘‘(2) MID-RANGE STATES.—A mid-range ing paid media that emphasizes publicity for programs; State shall be eligible for a grant under this the program, and law enforcement; ‘‘(2) evaluate the effectiveness of efforts to section if— ‘‘(2) carry out a program to train occupant make such improvements; ‘‘(A) a statewide impaired driving task protection safety professionals, police offi- ‘‘(3) link the State data systems, including force in the State developed a statewide plan cers, fire and emergency medical personnel, traffic records, with other data systems during the most recent 3 calendar years to educators, and parents concerning all as- within the State, such as systems that con- address the problem of impaired driving; or pects of the use of child restraints and occu- tain medical, roadway, and economic data; ‘‘(B) the State will convene a statewide im- pant protection; ‘‘(4) improve the compatibility and inter- paired driving task force to develop such a ‘‘(3) carry out a program to educate the operability of the data systems of the State plan during the first year of the grant. public concerning the proper use and instal- with national data systems and data systems ‘‘(3) HIGH-RANGE STATES.—A high-range lation of child restraints, including related of other States; and State shall be eligible for a grant under this equipment and information systems; ‘‘(5) enhance the ability of the Secretary to section if the State— ‘‘(4) carry out a program to provide com- observe and analyze national trends in crash ‘‘(A)(i) conducted an assessment of the munity child passenger safety services, in- occurrences, rates, outcomes, and cir- State’s impaired driving program during the cluding programs about proper seating posi- cumstances. most recent 3 calendar years; or tions for children and how to reduce the im- ‘‘(b) FEDERAL SHARE.—The Federal share of ‘‘(ii) will conduct such an assessment dur- proper use of child restraints; the cost of adopting and implementing in a ing the first year of the grant; ‘‘(5) purchase and distribute child re- fiscal year a State program described in this ‘‘(B) convenes, during the first year of the straints to low-income families if not more section may not exceed 80 percent. grant, a statewide impaired driving task than 5 percent of the funds received in a fis- ‘‘(c) ELIGIBILITY.—A State is not eligible force to develop a statewide plan that— cal year are used for this purpose; for a grant under this section in a fiscal year ‘‘(i) addresses any recommendations from ‘‘(6) establish and maintain information unless the State demonstrates, to the satis- the assessment conducted under subpara- systems containing data concerning occu- faction of the Secretary, that the State— graph (A); pant protection, including the collection and ‘‘(1) has a functioning traffic records co- ‘‘(ii) includes a detailed plan for spending administration of child passenger safety and ordinating committee (referred to in this any grant funds provided under this section; occupant protection surveys; and subsection as ‘TRCC’) that meets at least 3 and ‘‘(7) carry out a program to educate the times a year; ‘‘(iii) describes how such spending supports public concerning the dangers of leaving ‘‘(2) has designated a TRCC coordinator; the statewide program; children unattended in vehicles. ‘‘(3) has established a State traffic record ‘‘(C)(i) submits the statewide plan to the ‘‘(e) GRANT AMOUNT.—The allocation of strategic plan that has been approved by the National Highway Traffic Safety Adminis- grant funds under this section to a State for TRCC and describes specific quantifiable and tration during the first year of the grant for a fiscal year shall be in proportion to the measurable improvements anticipated in the the agency’s review and approval; State’s apportionment under section 402 for State’s core safety databases, including ‘‘(ii) annually updates the statewide plan fiscal year 2009. crash, citation or adjudication, driver, emer- in each subsequent year of the grant; and

VerDate Mar 15 2010 01:58 Mar 08, 2012 Jkt 099060 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S17FE2.REC S17FE2 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S966 CONGRESSIONAL RECORD — SENATE February 17, 2012 ‘‘(iii) submits each updated statewide plan ciated with the State’s alcohol-ignition hicle accident is caused by a driver who is for the agency’s review and comment; and interlock program, including screening, as- using such a device in violation of the stat- ‘‘(D) appoints a full or part-time impaired sessment, and program and offender over- ute. driving coordinator— sight. ‘‘(c) PROHIBITION ON YOUTH CELL PHONE ‘‘(i) to coordinate the State’s activities to ‘‘(3) ALLOCATION.—Funds made available USE WHILE DRIVING.—A State statute meets address enforcement and adjudication of under this subsection shall be allocated the requirements set forth in this subsection laws to address driving while impaired by al- among States described in paragraph (1) on if the statute— cohol; and the basis of the apportionment formula ‘‘(1) prohibits a driver who is younger than ‘‘(ii) to oversee the implementation of the under section 402(c). 18 years of age from using a personal wireless statewide plan. ‘‘(4) FUNDING.—Not more than 15 percent of communications device while driving; ‘‘(d) USE OF GRANT AMOUNTS.— the amounts made available to carry out ‘‘(2) makes violation of the statute a pri- ‘‘(1) REQUIRED PROGRAMS.—High-range this section in a fiscal year shall be made mary offense; States shall use grant funds for— available by the Secretary for making grants ‘‘(3) requires distracted driving issues to be ‘‘(A) high visibility enforcement efforts; under this subsection. tested as part of the State driver’s license and ‘‘(g) DEFINITIONS.—In this section: examination; ‘‘(B) any of the activities described in para- ‘‘(1) 24-7 SOBRIETY PROGRAM.—The term ‘24- ‘‘(4) establishes— graph (2) if— 7 sobriety program’ means a State law or ‘‘(A) a minimum fine for a first violation of ‘‘(i) the activity is described in the state- program that authorizes a State court or a the statute; and wide plan; and State agency, as a condition of sentence, ‘‘(B) increased fines for repeat violations; ‘‘(ii) the Secretary approves the use of probation, parole, or work permit, to— and funding for such activity. ‘‘(A) require an individual who plead guilty ‘‘(5) provides increased civil and criminal ‘‘(2) AUTHORIZED PROGRAMS.—Medium- or was convicted of driving under the influ- penalties than would otherwise apply if a ve- range and low-range States may use grant ence of alcohol or drugs to totally abstain hicle accident is caused by a driver who is funds for— from alcohol or drugs for a period of time; using such a device in violation of the stat- ‘‘(A) any of the purposes described in para- and ute. graph (1); ‘‘(B) require the individual to be subject to ‘‘(d) PERMITTED EXCEPTIONS.—A statute ‘‘(B) paid and earned media in support of testing for alcohol or drugs— that meets the requirements set forth in sub- high visibility enforcement efforts; ‘‘(i) at least twice a day; sections (b) and (c) may provide exceptions ‘‘(C) hiring a full-time or part-time im- ‘‘(ii) by continuous transdermal alcohol for— paired driving coordinator of the State’s ac- monitoring via an electronic monitoring de- ‘‘(1) a driver who uses a personal wireless tivities to address the enforcement and adju- vice; or communications device to contact emer- dication of laws regarding driving while im- ‘‘(iii) by an alternate method with the con- gency services; paired by alcohol; currence of the Secretary. ‘‘(2) emergency services personnel who use ‘‘(D) court support of high visibility en- ‘‘(2) AVERAGE IMPAIRED DRIVING FATALITY a personal wireless communications device forcement efforts; RATE.—The term ‘average impaired driving while— ‘‘(E) alcohol ignition interlock programs; fatality rate’ means the number of fatalities ‘‘(A) operating an emergency services vehi- ‘‘(F) improving blood-alcohol concentra- in motor vehicle crashes involving a driver cle; and tion testing and reporting; with a blood alcohol concentration of at ‘‘(B) engaged in the performance of their ‘‘(G) establishing driving while intoxicated least 0.08 for every 100,000,000 vehicle miles duties as emergency services personnel; and courts; traveled, based on the most recently re- ‘‘(3) an individual employed as a commer- ‘‘(H) conducting— ported 3 calendar years of final data from the cial motor vehicle driver or a school bus ‘‘(i) standardized field sobriety training; Fatality Analysis Reporting System, as cal- driver who uses a personal wireless commu- ‘‘(ii) advanced roadside impaired driving culated in accordance with regulations pre- nications device within the scope of such in- evaluation training; and scribed by the Administrator of the National dividual’s employment if such use is per- ‘‘(iii) drug recognition expert training for Highway Traffic Safety Administration. mitted under the regulations promulgated law enforcement; ‘‘(3) HIGH-RANGE STATE.—The term ‘high- pursuant to section 31152 of title 49. ‘‘(I) training and education of criminal jus- range State’ means a State that has an aver- ‘‘(e) USE OF GRANT FUNDS.—Of the grant tice professionals (including law enforce- age impaired driving fatality rate of 0.60 or funds received by a State under this sec- ment, prosecutors, judges and probation offi- higher. tion— cers) to assist such professionals in handling ‘‘(4) LOW-RANGE STATE.—The term ‘low- ‘‘(1) at least 50 percent shall be used— impaired driving cases; range State’ means a State that has an aver- ‘‘(A) to educate the public through adver- ‘‘(J) traffic safety resource prosecutors; age impaired driving fatality rate of 0.30 or tising containing information about the dan- ‘‘(K) judicial outreach liaisons; lower. gers of texting or using a cell phone while ‘‘(L) equipment and related expenditures ‘‘(5) MID-RANGE STATE.—The term ‘mid- driving; used in connection with impaired driving en- range State’ means a State that has an aver- ‘‘(B) for traffic signs that notify drivers forcement in accordance with criteria estab- age impaired driving fatality rate that is about the distracted driving law of the lished by the National Highway Traffic Safe- higher than 0.30 and lower than 0.60.’’. State; or (b) CONFORMING AMENDMENT.—The analysis ty Administration; ‘‘(C) for law enforcement costs related to for chapter 4 of title 23, United States Code, ‘‘(M) training on the use of alcohol screen- the enforcement of the distracted driving is amended by striking the item relating to ing and brief intervention; law; and section 410 and inserting the following: ‘‘(N) developing impaired driving informa- ‘‘(2) up to 50 percent may be used for other tion systems; and ‘‘410. Impaired driving countermeasures.’’. projects that— ‘‘(O) costs associated with a ‘24-7 sobriety SEC. 31108. DISTRACTED DRIVING GRANTS. ‘‘(A) improve traffic safety; and program’. (a) IN GENERAL.—Section 411 of title 23, ‘‘(B) are consistent with the criteria set United States Code, is amended to read as ‘‘(3) OTHER PROGRAMS.—Low-range States forth in section 402(a). may use grant funds for any expenditure de- follows: ‘‘(f) ADDITIONAL GRANTS.—In fiscal year signed to reduce impaired driving based on ‘‘§ 411. Distracted driving grants 2012, the Secretary may use up to 25 percent problem identification. Medium and high- ‘‘(a) IN GENERAL.—The Secretary shall of the funding available for grants under this range States may use funds for such expendi- award a grant under this section to any section to award grants to States that— tures upon approval by the Secretary. State that enacts and enforces a statute that ‘‘(1) enacted statutes before July 1, 2011, ‘‘(e) GRANT AMOUNT.—Subject to sub- meets the requirements set forth in sub- which meet the requirements under para- section (f), the allocation of grant funds to a sections (b) and (c). graphs (1) and (2) of subsection (b); and State under this section for a fiscal year ‘‘(b) PROHIBITION ON TEXTING WHILE DRIV- ‘‘(2) are otherwise ineligible for a grant shall be in proportion to the State’s appor- ING.—A State statute meets the require- under this section. tionment under section 402(c) for fiscal year ments set forth in this subsection if the stat- ‘‘(g) DISTRACTED DRIVING STUDY.— 2009. ute— ‘‘(1) IN GENERAL.—The Secretary shall con- ‘‘(f) GRANTS TO STATES THAT ADOPT AND ‘‘(1) prohibits drivers from texting through duct a study of all forms of distracted driv- ENFORCE MANDATORY ALCOHOL-IGNITION a personal wireless communications device ing. INTERLOCK LAWS.— while driving; ‘‘(2) COMPONENTS.—The study conducted ‘‘(1) IN GENERAL.—The Secretary shall ‘‘(2) makes violation of the statute a pri- under paragraph (1) shall— make a separate grant under this section to mary offense; ‘‘(A) examine the effect of distractions each State that adopts and is enforcing a ‘‘(3) establishes— other than the use of personal wireless com- mandatory alcohol-ignition interlock law for ‘‘(A) a minimum fine for a first violation of munications on motor vehicle safety; all individuals convicted of driving under the the statute; and ‘‘(B) identify metrics to determine the na- influence of alcohol or of driving while in- ‘‘(B) increased fines for repeat violations; ture and scope of the distracted driving prob- toxicated. and lem; ‘‘(2) USE OF FUNDS.—Such grants may be ‘‘(4) provides increased civil and criminal ‘‘(C) identify the most effective methods to used by recipient States only for costs asso- penalties than would otherwise apply if a ve- enhance education and awareness; and

VerDate Mar 15 2010 01:58 Mar 08, 2012 Jkt 099060 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S17FE2.REC S17FE2 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 17, 2012 CONGRESSIONAL RECORD — SENATE S967 ‘‘(D) identify the most effective method of (1) by striking subsections (b) and (g); ‘‘(i) is at least 6 months in duration; reducing deaths and injuries caused by all (2) by redesignating subsections (c), (d), (e), ‘‘(ii) prohibits the driver from using a cel- forms of distracted driving. and (f) as subsections (b), (c), (d), and (e), re- lular telephone or any communications de- ‘‘(3) REPORT.—Not later than 1 year after spectively; and vice in a nonemergency situation; and the date of enactment of the Motor Vehicle (3) in subsection (c)(1), as redesignated, by ‘‘(iii) remains in effect until the driver— and Highway Safety Improvement Act of striking ‘‘to the satisfaction of the Sec- ‘‘(I) reaches 16 years of age and enters the 2012, the Secretary shall submit a report con- retary—’’ and all that follows and inserting intermediate stage; or taining the results of the study conducted ‘‘, to the satisfaction of the Secretary, at ‘‘(II) reaches 18 years of age; under this subsection to— least 2 of the 6 criteria listed in paragraph ‘‘(B) an intermediate stage that— ‘‘(A) the Committee on Commerce, (2).’’. ‘‘(i) commences immediately after the ex- Science, and Transportation of the Senate; SEC. 31111. DRIVER ALCOHOL DETECTION SYS- piration of the learner’s permit stage; and TEM FOR SAFETY RESEARCH. ‘‘(ii) is at least 6 months in duration; ‘‘(B) the Committee on Transportation and (a) IN GENERAL.—Chapter 4 of title 23, ‘‘(iii) prohibits the driver from using a cel- Infrastructure of the House of Representa- United States Code, is amended by adding at lular telephone or any communications de- tives. the end the following: vice in a nonemergency situation; ‘‘(h) DEFINITIONS.—In this section: ‘‘§ 413. In-vehicle alcohol detection device re- ‘‘(iv) restricts driving at night; ‘‘(1) DRIVING.—The term ‘driving’— search ‘‘(v) prohibits the driver from operating a ‘‘(A) means operating a motor vehicle on a motor vehicle with more than 1 nonfamilial ‘‘(a) IN GENERAL.—The Administrator of public road, including operation while tem- passenger younger than 21 years of age un- the National Highway Traffic Safety Admin- porarily stationary because of traffic, a traf- less a licensed driver who is at least 21 years istration shall carry out a collaborative re- fic light or stop sign, or otherwise; and of age is in the motor vehicle; and search effort under chapter 301 of title 49, ‘‘(B) does not include operating a motor ve- ‘‘(vi) remains in effect until the driver United States Code, to continue to explore hicle when the vehicle has pulled over to the reaches 18 years of age; and the feasibility and the potential benefits of, side of, or off, an active roadway and has ‘‘(C) any other requirement prescribed by and the public policy challenges associated stopped in a location where it can safely re- the Secretary of Transportation, including— with, more widespread deployment of in-ve- main stationary. ‘‘(i) in the learner’s permit stage— hicle technology to prevent alcohol-impaired ‘‘(2) PERSONAL WIRELESS COMMUNICATIONS ‘‘(I) at least 40 hours of behind-the-wheel driving. DEVICE.—The term ‘personal wireless com- training with a licensed driver who is at ‘‘(b) REPORTS.—The Administrator shall munications device’— least 21 years of age; submit a report annually to the Senate Com- ‘‘(A) means a device through which per- ‘‘(II) a driver training course; and mittee on Commerce, Science, and Transpor- sonal wireless services (as defined in section ‘‘(III) a requirement that the driver be ac- tation and the House of Representatives 332(c)(7)(C)(i) of the Communications Act of companied and supervised by a licensed driv- Committee on Transportation and Infra- 1934 (47 U.S.C. 332(c)(7)(C)(i))) are trans- er, who is at least 21 years of age, at all structure— mitted; and times while such driver is operating a motor ‘‘(1) describing progress in carrying out the ‘‘(B) does not include a global navigation vehicle; and collaborative research effort; and satellite system receiver used for posi- ‘‘(ii) in the learner’s permit or inter- ‘‘(2) including an accounting for the use of tioning, emergency notification, or naviga- mediate stage, a requirement, in addition to Federal funds obligated or expended in car- tion purposes. any other penalties imposed by State law, rying out that effort. ‘‘(3) PRIMARY OFFENSE.—The term ‘primary that the grant of an unrestricted driver’s li- ‘‘(c) DEFINITIONS.—In this title: offense’ means an offense for which a law en- cense be automatically delayed for any indi- ‘‘(1) ALCOHOL-IMPAIRED DRIVING.—The term forcement officer may stop a vehicle solely vidual who, during the learner’s permit or ‘alcohol-impaired driving’ means operation for the purpose of issuing a citation in the intermediate stage, is convicted of a driving- of a motor vehicle (as defined in section absence of evidence of another offense. related offense, including— 30102(a)(6) of title 49, United States Code) by ‘‘(4) PUBLIC ROAD.—The term ‘public road’ ‘‘(I) driving while intoxicated; an individual whose blood alcohol content is has the meaning given that term in section ‘‘(II) misrepresentation of his or her true at or above the legal limit. 402(c). age; ‘‘(2) LEGAL LIMIT.—The term ‘legal limit’ ‘‘(5) TEXTING.—The term ‘texting’ means ‘‘(III) reckless driving; means a blood alcohol concentration of 0.08 reading from or manually entering data into ‘‘(IV) driving without wearing a seat belt; percent or greater (as specified by chapter a personal wireless communications device, ‘‘(V) speeding; or 163 of title 23, United States Code) or such including doing so for the purpose of SMS ‘‘(VI) any other driving-related offense, as other percentage limitation as may be estab- texting, e-mailing, instant messaging, or en- determined by the Secretary. lished by applicable Federal, State, or local gaging in any other form of electronic data law.’’. ‘‘(c) RULEMAKING.— retrieval or electronic data communica- N GENERAL (b) CLERICAL AMENDMENT.—The analysis ‘‘(1) I .—The Secretary shall pro- tion.’’. for chapter 4 of title 23, United States Code, mulgate regulations necessary to implement (b) CONFORMING AMENDMENT.—The analysis the requirements under subsection (b), in ac- for chapter 4 of title 23, United States Code, is amended by inserting after the item relat- ing to section 412 the following: cordance with the notice and comment pro- is amended by striking the item relating to visions under section 553 of title 5, United section 411 and inserting the following: ‘‘413. In-vehicle alcohol detection device re- States Code. search.’’. ‘‘411. Distracted driving grants.’’. ‘‘(2) EXCEPTION.—A State that otherwise SEC. 31109. HIGH VISIBILITY ENFORCEMENT PRO- SEC. 31112. STATE GRADUATED DRIVER LICENS- meets the minimum requirements set forth GRAM. ING LAWS. in subsection (b) shall be deemed by the Sec- Section 2009 of SAFETEA LU (23 U.S.C. 402 (a) IN GENERAL.—Chapter 4 of title 23, retary to be in compliance with the require- note) is amended— United States Code, as amended by this title, ment set forth in subsection (b) if the State (1) in subsection (a)— is further amended by adding at the end the enacted a law before January 1, 2011, estab- (A) by striking ‘‘at least 2’’ and inserting following: lishing a class of license that permits licens- ‘‘at least 3’’; and ‘‘§ 414. State Graduated Driver Licensing In- ees or applicants younger than 18 years of (B) by striking ‘‘years 2006 through 2012.’’ centive Grant age to drive a motor vehicle— and inserting ‘‘fiscal years 2012 and 2013. The ‘‘(a) GRANTS AUTHORIZED.—Subject to the ‘‘(A) in connection with work performed Administrator may also initiate and support requirements of this section, the Secretary on, or for the operation of, a farm owned by additional campaigns in each of fiscal years shall award grants to States that adopt and family members who are directly related to 2012 and 2013 for the purposes specified in implement graduated driver licensing laws the applicant or licensee; or subsection (b).’’; in accordance with the requirements set ‘‘(B) if demonstrable hardship would result (2) in subsection (b) by striking ‘‘either or forth in subsection (b). from the denial of a license to the licensees both’’ and inserting ‘‘outcomes related to at ‘‘(b) MINIMUM REQUIREMENTS.— or applicants. least 1’’; ‘‘(1) IN GENERAL.—A State meets the re- ‘‘(d) ALLOCATION.—Grant funds allocated to (3) in subsection (c), by inserting ‘‘and quirements set forth in this subsection if the a State under this section for a fiscal year Internet-based outreach’’ after ‘‘print media State has a graduated driver licensing law shall be in proportion to a State’s apportion- advertising’’; that requires novice drivers younger than 21 ment under section 402 for such fiscal year. (4) in subsection (e), by striking ‘‘sub- years of age to comply with the 2-stage li- ‘‘(e) USE OF FUNDS.—Grant funds received sections (a), (c), and (f)’’ and inserting ‘‘sub- censing process described in paragraph (2) by a State under this section may be used section (c)’’; before receiving an unrestricted driver’s li- for— (5) by striking subsection (f); and cense. ‘‘(1) enforcing a 2-stage licensing process (6) by redesignating subsection (g) as sub- ‘‘(2) LICENSING PROCESS.—A State is in that complies with subsection (b)(2); section (f). compliance with the 2-stage licensing proc- ‘‘(2) training for law enforcement personnel SEC. 31110. MOTORCYCLIST SAFETY. ess described in this paragraph if the State’s and other relevant State agency personnel Section 2010 of SAFETEA LU (23 U.S.C. 402 driver’s license laws include— relating to the enforcement described in note) is amended— ‘‘(A) a learner’s permit stage that— paragraph (1);

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‘‘(3) publishing relevant educational mate- ‘‘(7) ANNUAL REPORTS.—The Advisory Coun- of this Act, the Secretary shall issue a final rials that pertain directly or indirectly to cil shall prepare an annual report to the Sec- rule, in accordance with the procedures of the State graduated driver licensing law; retary of Transportation regarding the Coun- section 553 of title 5, United States Code, ‘‘(4) carrying out other administrative ac- cil’s actions and recommendations.’’. which provides an interpretation of the pen- tivities that the Secretary considers rel- Subtitle B—Enhanced Safety Authorities alty factors described in section 30165(c) of evant to the State’s 2-stage licensing proc- SEC. 31201. DEFINITION OF MOTOR VEHICLE title 49, United States Code. ess; and EQUIPMENT. (c) CONSTRUCTION.—Nothing in this section ‘‘(5) carrying out a teen traffic safety pro- Section 30102(a)(7)(C) of title 49, United may be construed as preventing the imposi- gram described in section 402(m).’’. States Code, is amended to read as follows: tion of penalties under section 30165 of title SEC. 31113. AGENCY ACCOUNTABILITY. ‘‘(C) any device or an article or apparel, in- 49, United States Code, before the issuance of Section 412 of title 23, United States Code, cluding a motorcycle helmet and excluding a final rule under subsection (b). is amended— medicine or eyeglasses prescribed by a li- SEC. 31204. MOTOR VEHICLE SAFETY RESEARCH (1) by amending subsection (a) to read as censed practitioner, that— AND DEVELOPMENT. follows: ‘‘(i) is not a system, part, or component of (a) IN GENERAL.—Chapter 301 of title 49, ‘‘(a) TRIENNIAL STATE MANAGEMENT RE- a motor vehicle; and United States Code, is amended by adding at VIEWS.— ‘‘(ii) is manufactured, sold, delivered, or of- the end the following: ‘‘(1) IN GENERAL.—Except as provided under fered to be sold for use on public streets, ‘‘SUBCHAPTER V—MOTOR VEHICLE paragraph (2), the Secretary shall conduct a roads, and highways with the apparent pur- SAFETY RESEARCH AND DEVELOPMENT review of each State highway safety program pose of safeguarding motor vehicles and ‘‘§ 30181. Policy at least once every 3 years. highway users against risk of accident, in- ‘‘(2) EXCEPTIONS.—The Secretary may con- jury, or death.’’. ‘‘The Secretary of Transportation shall conduct research, development, and testing duct reviews of the highway safety programs SEC. 31202. PERMIT REMINDER SYSTEM FOR of the United States Virgin Islands, Guam, NON-USE OF SAFETY BELTS. on any area or aspect of motor vehicle safety American Samoa, and the Commonwealth of (a) IN GENERAL.—Chapter 301 of title 49, necessary to carry out this chapter. the Northern Mariana Islands as often as the United States Code, is amended— ‘‘§ 30182. Powers and duties Secretary determines to be appropriate. (1) in section 30122, by striking subsection ‘‘(a) IN GENERAL.—The Secretary of Trans- ‘‘(3) COMPONENTS.—Reviews under this sub- (d); and portation shall— section shall include— (2) by amending section 30124 to read as fol- ‘‘(1) conduct motor vehicle safety research, ‘‘(A) a management evaluation of all grant lows: development, and testing programs and ac- programs funded under this chapter; ‘‘§ 30124. Nonuse of safety belts tivities, including new and emerging tech- ‘‘(B) an assessment of State data collection ‘‘A motor vehicle safety standard pre- nologies that impact or may impact motor and evaluation relating to performance scribed under this chapter may not require a vehicle safety; measures established by the Secretary; manufacturer to comply with the standard ‘‘(2) collect and analyze all types of motor ‘‘(C) a comparison of State efforts under by using a safety belt interlock designed to vehicle and highway safety data and related subparagraphs (A) and (B) to best practices prevent starting or operating a motor vehi- information to determine the relationship and programs that have been evaluated for cle if an occupant is not using a safety between motor vehicle or motor vehicle effectiveness; and belt.’’. equipment performance characteristics ‘‘(D) the development of recommendations (b) CONFORMING AMENDMENT.—The analysis and— on how each State could— for chapter 301 of title 49, United States ‘‘(A) accidents involving motor vehicles; ‘‘(i) improve the management and over- Code, is amended by striking the item relat- and sight of its grant activities; and ing to section 30124 and inserting the fol- ‘‘(B) deaths or personal injuries resulting ‘‘(ii) provide a management and oversight lowing: from those accidents; plan for such grant programs.’’; and ‘‘Sec. 30124. Nonuse of safety belts.’’. ‘‘(3) promote, support, and advance the (2) by striking subsection (f). SEC. 31203. CIVIL PENALTIES. education and training of motor vehicle safe- SEC. 31114. EMERGENCY MEDICAL SERVICES. (a) IN GENERAL.—Section 30165 of title 49, ty staff of the National Highway Traffic Section 10202 of Public Law 109 59 (42 U.S.C. United States Code, is amended— Safety Administration, including using pro- 300d 4), is amended by adding at the end the (1) in subsection (a)— gram funds for— following: (A) in paragraph (1)— ‘‘(A) planning, implementing, conducting, ‘‘(b) NATIONAL EMERGENCY MEDICAL SERV- (i) by striking ‘‘30123(d)’’ and inserting and presenting results of program activities; ICES ADVISORY COUNCIL.— ‘‘30123(a)’’; and and ‘‘(1) ESTABLISHMENT.—The Secretary of (ii) by striking ‘‘$15,000,000’’ and inserting ‘‘(B) travel and related expenses; Transportation, in coordination with the ‘‘$250,000,000’’; and ‘‘(4) obtain experimental and other motor Secretary of Health and Human Services and (B) in paragraph (3), by striking vehicles and motor vehicle equipment for re- the Secretary of Homeland Security, shall ‘‘$15,000,000’’ and inserting ‘‘$250,000,000’’; and search or testing; establish a National Emergency Medical (2) by amending subsection (c) to read as ‘‘(5)(A) use any test motor vehicles and Services Advisory Council (referred to in follows: motor vehicle equipment suitable for contin- this subsection as the ‘Advisory Council’). ‘‘(c) RELEVANT FACTORS IN DETERMINING ued use, as determined by the Secretary to ‘‘(2) MEMBERSHIP.—The Advisory Council AMOUNT OF PENALTY OR COMPROMISE.—In de- assist in carrying out this chapter or any shall be composed of 25 members, who— termining the amount of a civil penalty or other chapter of this title; or ‘‘(A) shall be appointed by the Secretary of compromise under this section, the Sec- ‘‘(B) sell or otherwise dispose of test motor Transportation; and retary of Transportation shall consider the vehicles and motor vehicle equipment and ‘‘(B) shall collectively be representative of nature, circumstances, extent, and gravity of use the resulting proceeds to carry out this all sectors of the emergency medical services the violation. Such determination shall in- chapter; community. clude, as appropriate— ‘‘(6) award grants to States and local gov- ‘‘(3) PURPOSES.—The purposes of the Advi- ‘‘(1) the nature of the defect or noncompli- ernments, interstate authorities, and non- sory Council are to advise and consult with— ance; profit institutions; and ‘‘(A) the Federal Interagency Committee ‘‘(2) knowledge by the person charged of its ‘‘(7) enter into cooperative agreements, on Emergency Medical Services on matters obligation to recall or notify the public; collaborative research, or contracts with relating to emergency medical services ‘‘(3) the severity of the risk of injury; Federal agencies, interstate authorities, issues; and ‘‘(4) the occurrence or absence of injury; State and local governments, other public ‘‘(B) the Secretary of Transportation on ‘‘(5) the number of motor vehicles or items entities, private organizations and persons, matters relating to emergency medical serv- of motor vehicle equipment distributed with nonprofit institutions, colleges and univer- ices issues affecting the Department of the defect or noncompliance; sities, consumer advocacy groups, corpora- Transportation. ‘‘(6) the existence of an imminent hazard; tions, partnerships, sole proprietorships, ‘‘(4) ADMINISTRATION.—The Administrator ‘‘(7) actions taken by the person charged to trade associations, Federal laboratories (in- of the National Highway Traffic Safety Ad- identify, investigate, or mitigate the condi- cluding government-owned, government-op- ministration shall provide administrative tion; erated laboratories and government-owned, support to the Advisory Council, including ‘‘(8) the appropriateness of such penalty in contractor-operated laboratories), and for- scheduling meetings, setting agendas, keep- relation to the size of the business of the per- eign governments and research organiza- ing minutes and records, and producing re- son charged, including the potential for tions. ports. undue adverse economic impacts; ‘‘(b) USE OF PUBLIC AGENCIES.—In carrying ‘‘(5) LEADERSHIP.—The members of the Ad- ‘‘(9) whether the person has previously out this subchapter, the Secretary shall visory Council shall annually select a chair- been assessed civil penalties under this sec- avoid duplication by using the services, re- person of the Council. tion during the most recent 5 years; and search, and testing facilities of public agen- ‘‘(6) MEETINGS.—The Advisory Council ‘‘(10) other appropriate factors.’’. cies, as appropriate. shall meet as frequently as is determined (b) CIVIL PENALTY CRITERIA.—Not later ‘‘(c) FACILITIES.—The Secretary may plan, necessary by the chairperson of the Council. than 1 year after the date of the enactment design, and build a new facility or modify an

VerDate Mar 15 2010 01:58 Mar 08, 2012 Jkt 099060 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S17FE2.REC S17FE2 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 17, 2012 CONGRESSIONAL RECORD — SENATE S969 existing facility to conduct research, devel- or equipment contains a defect related to with part 551 of title 49, Code of Federal Reg- opment, and testing in traffic safety, high- motor vehicle safety about which notice was ulations.’’. way safety, and motor vehicle safety. given under section 30118(c) or an order was SEC. 31210. CONDITIONS ON IMPORTATION OF ‘‘(d) AVAILABILITY OF INFORMATION, PAT- issued under section 30118(b). Nothing in this VEHICLES AND EQUIPMENT. ENTS, AND DEVELOPMENTS.—When the United paragraph may be construed to prohibit the Chapter 301 of title 49, United States Code, States Government makes more than a mini- importation of a new motor vehicle that re- is amended— mal contribution to a research or develop- ceives a required recall remedy before being (1) in the chapter analysis, by striking the ment activity under this chapter, the Sec- sold to a consumer in the United States.’’; item relating to section 30164 and inserting retary shall include in the arrangement for and the following: the activity a provision to ensure that all in- (2) in subsection (b)(2)— ‘‘30164. Service of process; conditions on im- formation, patents, and developments re- (A) in subparagraph (A), by striking ‘‘or’’ portation of vehicles and equip- lated to the activity are available to the at the end; ment.’’; public without charge. The owner of a back- (B) in subparagraph (B), by adding ‘‘or’’ at and ground patent may not be deprived of a right the end; and (2) in section 30164— under the patent. (C) by adding at the end the following: (A) in the section heading, by adding ‘‘; ‘‘§ 30183. Prohibition on certain disclosures. ‘‘(C) having no reason to know, despite ex- CONDITIONS ON IMPORTATION OF VEHI- ercising reasonable care, that a motor vehi- CLES AND EQUIPMENT’’ at the end; and ‘‘Any report of the National Highway Traf- cle or motor vehicle equipment contains a (B) by adding at the end the following: fic Safety Administration, or of any officer, defect related to motor vehicle safety about ‘‘(c) IDENTIFYING INFORMATION.—A manu- employee, or contractor of the National which notice was given under section 30118(c) facturer (including an importer) offering a Highway Traffic Safety Administration, re- or an order was issued under section motor vehicle or motor vehicle equipment lating to any highway traffic accident or the 30118(b);’’. for import shall provide such information as investigation of such accident conducted the Secretary may, by rule, request includ- pursuant to this chapter or section 403 of SEC. 31209. FINANCIAL RESPONSIBILITY RE- QUIREMENTS FOR IMPORTERS. ing— title 23, shall be made available to the public Chapter 301 of title 49, United States Code, ‘‘(1) the product by name and the manufac- in a manner that does not identify individ- is amended— turer’s address; and uals.’’. (1) in the chapter analysis, by striking the ‘‘(2) each retailer or distributor to which (b) CONFORMING AMENDMENTS.— item relating to subchapter III and inserting the manufacturer directly supplied motor (1) AMENDMENT OF CHAPTER ANALYSIS.—The the following: vehicles or motor vehicle equipment over chapter analysis for chapter 301 of title 49, which the Secretary has jurisdiction under United States Code, is amended by adding at ‘‘SUBCHAPTER III—IMPORTING MOTOR VEHICLES AND EQUIPMENT’’; this chapter. the end the following: ‘‘(d) RULEMAKING.—In issuing a rule- (2) in the heading for subchapter III, by ‘‘SUBCHAPTER V—MOTOR VEHICLE SAFETY making, the Secretary shall seek to reduce striking ‘‘NONCOMPLYING’’; and RESEARCH AND DEVELOPMENT duplicative requirements by coordinating (3) in section 30147, by amending subsection ‘‘30181. Policy. with Department of Homeland Security. The (b) to read as follows: Secretary may issue regulations that— ‘‘30182. Powers and duties. ‘‘(b) FINANCIAL RESPONSIBILITY REQUIRE- ‘‘(1) condition the import of a motor vehi- ‘‘30183. Prohibition on certain disclosures.’’. MENT.— cle or motor vehicle equipment on the manu- (2) DELETION OF REDUNDANT MATERIAL.— ‘‘(1) RULEMAKING.—The Secretary of Trans- facturer’s compliance with— Chapter 301 of title 49, United States Code, is portation may issue regulations requiring ‘‘(A) the requirements under this section; amended— each person that imports a motor vehicle or ‘‘(B) any rules issued with respect to such (A) in the chapter analysis, by striking the motor vehicle equipment into the customs requirements; or item relating to section 30168; and territory of the United States, including a ‘‘(C) any other requirements under this (B) by striking section 30168. registered importer (or any successor in in- chapter or rules issued with respect to such SEC. 31205. ODOMETER REQUIREMENTS DEFINI- terest), provide and maintain evidence, satis- requirements; TION. factory to the Secretary, of sufficient finan- ‘‘(2) provide an opportunity for the manu- Section 32702(5) of title 49, United States cial responsibility to meet its obligations facturer to present information before the Code, is amended by inserting ‘‘or system of under section 30117(b), sections 30118 through Secretary’s determination as to whether the components’’ after ‘‘instrument’’. 30121, and section 30166(f). In making a deter- manufacturer’s imports should be restricted; SEC. 31206. ELECTRONIC DISCLOSURES OF mination of sufficient financial responsi- and ODOMETER INFORMATION. bility under this Rule, the Secretary, to ‘‘(3) establish a process by which a manu- Section 32705 of title 49, United States avoid duplicative requirements, shall first, facturer may petition for reinstatement of Code, is amended by adding at the end the to the extent practicable, rely on existing re- its ability to import motor vehicles or motor following: porting and recordkeeping requirements and vehicle equipment. ‘‘(g) ELECTRONIC DISCLOSURES.—Not later other information available to the Sec- ‘‘(e) EXCEPTION.—The requirements of sub- than 18 months after the date of enactment retary, and shall coordinate with other Fed- sections (c) and (d) shall not apply to origi- of the Motor Vehicle and Highway Safety eral agencies, including the Securities and nal manufacturers (or wholly owned subsidi- Improvement Act of 2012, in carrying out Exchange Commission, to access information aries) of motor vehicles that, prior to the this section, the Secretary shall prescribe collected and made publicly available under date of enactment of the— regulations permitting any written disclo- existing reporting and recordkeeping re- ‘‘(1) have imported motor vehicles into the sures or notices and related matters to be quirements. United States that are certified to comply provided electronically.’’. ‘‘(2) REFUSAL OF ADMISSION.—If the Sec- with all applicable Federal motor vehicle SEC. 31207. INCREASED PENALTIES AND DAM- retary of Transportation believes that a per- safety standards, AGES FOR ODOMETER FRAUD. son described in paragraph (1) has not pro- ‘‘(2) have submitted to the Secretary ap- Chapter 327 of title 49, United States Code, vided and maintained evidence of sufficient propriate manufacturer identification infor- is amended— financial responsibility to meet the obliga- mation under part 566 of title 49, Code of (1) in section 32709(a)(1)— tions referred to in paragraph (1), the Sec- Federal Regulations; and (A) by striking ‘‘$2,000’’ and inserting retary of Homeland Security shall first offer ‘‘(3) if applicable, have identified a current ‘‘$10,000’’; and the person an opportunity to remedy the de- agent for service of process in accordance (B) by striking ‘‘$100,000’’ and inserting ficiency within 30 days, and if not remedied with part 551 of title 49, Code of Federal Reg- ‘‘$1,000,000’’; and thereafter may refuse the admission into the ulations.’’. (2) in section 32710(a), by striking ‘‘$1,500’’ customs territory of the United States of SEC. 31211. PORT INSPECTIONS; SAMPLES FOR and inserting ‘‘$10,000’’. any motor vehicle or motor vehicle equip- EXAMINATION OR TESTING. SEC. 31208. EXTEND PROHIBITIONS ON IMPORT- ment imported by the person. Section 30166(c) of title 49, United States ING NONCOMPLIANT VEHICLES AND ‘‘(3) EXCEPTION.—This subsection shall not Code, is amended— EQUIPMENT TO DEFECTIVE VEHI- apply to original manufacturers (or wholly (1) in paragraph (2), by striking ‘‘and’’ at CLES AND EQUIPMENT. owned subsidiaries) of motor vehicles that, the end; Section 30112 of title 49, United States prior to the date of enactment of the— (2) in paragraph (3)— Code, is amended— ‘‘(A) have imported motor vehicles into the (A) in subparagraph (A), by inserting ‘‘(in- (1) in subsection (a), by adding at the end United States that are certified to comply cluding at United States ports of entry)’’ the following: with all applicable Federal motor vehicle after ‘‘held for introduction in interstate ‘‘(3) Except as provided in this section, sec- safety standards; commerce’’; and tion 30114, subsections (i) and (j) of section ‘‘(B) have submitted to the Secretary ap- (B) in subparagraph (D), by striking the pe- 30120, and subchapter III, a person may not propriate manufacturer identification infor- riod at the end and inserting a semicolon; sell, offer for sale, introduce or deliver for mation under part 566 of title 49, Code of and introduction in interstate commerce, or im- Federal Regulations; and (3) by adding at the end the following: port into the United States any motor vehi- ‘‘(C) if applicable, have identified a current ‘‘(4) shall enter into a memorandum of un- cle or motor vehicle equipment if the vehicle agent for service of process in accordance derstanding with the Secretary of Homeland

VerDate Mar 15 2010 01:58 Mar 08, 2012 Jkt 099060 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S17FE2.REC S17FE2 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S970 CONGRESSIONAL RECORD — SENATE February 17, 2012 Security for inspections and sampling of grades and modifications recommended by a (2) by inserting before paragraph (2), as re- motor vehicle equipment being offered for manufacturer for all previously sold vehi- designated, the following: import to determine compliance with this cles. Notice is required even if the software ‘‘(1) ‘crash avoidance’ means preventing or chapter or a regulation or order issued under upgrade or modification is not related to a mitigating a crash;’’; and this chapter.’’. safety defect or noncompliance with a motor (3) in paragraph (2), as redesignated, by Subtitle C—Transparency and Accountability vehicle safety standard. The notice shall in- striking the period at the end and inserting clude a plain language description of the pur- ‘‘; and’’. SEC. 31301. IMPROVED NATIONAL HIGHWAY pose of the update and that description shall (b) INFORMATION INCLUDED.—Section TRAFFIC SAFETY ADMINISTRATION 32302(a) of title 49, United States Code, is VEHICLE SAFETY DATABASE. be prominently placed at the beginning of the notice. amended— (a) IN GENERAL.—Not later than 2 years ‘‘(3) INDEX.—Communications required to (1) in paragraph (2), by inserting ‘‘, crash after the date of enactment of this Act, the avoidance, and any other areas the Secretary Secretary shall improve public accessibility be submitted to the Secretary under this subsection shall be accompanied by an index determines will improve the safety of pas- to information on the National Highway senger motor vehicles’’ after ‘‘crash- Traffic Safety Administration’s publicly ac- to each communication, which— ‘‘(A) identifies the make, model, and model worthiness’’; and cessible vehicle safety databases by— (2) by striking paragraph (4). (1) improving organization and year of the affected vehicles; ‘‘(B) includes a concise summary of the SEC. 31307. PROMOTION OF VEHICLE DEFECT RE- functionality, including modern web design PORTING. features, and allowing for data to be subject matter of the communication; and ‘‘(C) shall be made available by the Sec- Section 32302 of title 49, United States searched, aggregated, and downloaded; Code, is amended by adding at the end the (2) providing greater consistency in presen- retary to the public on the Internet in a searchable format.’’. following: tation of vehicle safety issues; and ‘‘(d) MOTOR VEHICLE DEFECT REPORTING IN- SEC. 31304. PUBLIC AVAILABILITY OF EARLY (3) improving searchability about specific FORMATION.— vehicles and issues through standardization WARNING DATA. Section 30166(m) of title 49, United States ‘‘(1) RULEMAKING REQUIRED.—Not later of commonly used search terms. Code, is amended in paragraph (4), by amend- than 1 year after the date of the enactment (b) VEHICLE RECALL INFORMATION.— ing subparagraph (C) to read as follows: of the , the Secretary shall prescribe regula- (1) IN GENERAL.—Not later than 1 year after ‘‘(C) DISCLOSURE.— tions that require passenger motor vehicle the date of enactment of this Act, the Sec- ‘‘(i) IN GENERAL.—The information pro- manufacturers— retary shall require that motor vehicle safe- vided to the Secretary pursuant to this sub- ‘‘(A) to affix, in the glove compartment or ty recall information— section shall be disclosed publicly unless ex- in another readily accessible location on the (A) is available to the public on the Inter- empt from disclosure under section 552(b) of vehicle, a sticker, decal, or other device that net; title 5. provides, in simple and understandable lan- (B) is searchable by vehicle make and ‘‘(ii) PRESUMPTION.—In administering this guage, information about how to submit a model and vehicle identification number; subparagraph, the Secretary shall presume safety-related motor vehicle defect com- (C) is in a format that preserves consumer in favor of maximum public availability of plaint to the National Highway Traffic Safe- privacy; and information.’’. ty Administration; (D) includes information about each recall ‘‘(B) to prominently print the information that has not been completed for each vehicle. SEC. 31305. CORPORATE RESPONSIBILITY FOR NATIONAL HIGHWAY TRAFFIC SAFE- described in subparagraph (A) on a separate (2) RULEMAKING.—The Secretary may ini- TY ADMINISTRATION REPORTS. page within the owner’s manual; and tiate a rulemaking proceeding to require (a) IN GENERAL.—Section 30166 of title 49, ‘‘(C) to not place such information on the each manufacturer to provide the informa- United States Code, is amended by adding at label required under section 3 of the Auto- tion described in paragraph (1), with respect the end the following: mobile Information Disclosure Act (15 U.S.C. to that manufacturer’s motor vehicles, at no ‘‘(o) CORPORATE RESPONSIBILITY FOR RE- 1232). cost on a publicly accessible Internet PORTS.— ‘‘(2) APPLICATION.—The requirements under website. ‘‘(1) IN GENERAL.—The Secretary shall re- paragraph (1) shall apply to passenger motor (3) DATABASE AWARENESS PROMOTION AC- quire a senior official responsible for safety vehicles manufactured in any model year be- TIVITIES.—The Secretary, in consultation in each company submitting information to ginning more than 1 year after the date on with the heads of other relevant agencies, the Secretary in response to a request for in- which a final rule is published under para- shall promote consumer awareness of the in- formation in a safety defect or compliance graph (1).’’. formation made available to the public pur- investigation under this chapter to certify SEC. 31308. WHISTLEBLOWER PROTECTIONS FOR suant to this subsection. that— MOTOR VEHICLE MANUFACTURERS, SEC. 31302. NATIONAL HIGHWAY TRAFFIC SAFETY ‘‘(A) the signing official has reviewed the PART SUPPLIERS, AND DEALERSHIP ADMINISTRATION HOTLINE FOR submission; and EMPLOYEES. MANUFACTURER, DEALER, AND ME- ‘‘(B) based on the official’s knowledge, the (a) IN GENERAL.—Subchapter IV of chapter CHANIC PERSONNEL. submission does not— 301 of title 49, United States Code, is amend- The Secretary shall— ‘‘(i) contain any untrue statement of a ma- ed by adding at the end the following: (1) establish a means by which mechanics, terial fact; or ‘‘§ 30171. Protection of employees providing passenger motor vehicle dealership per- ‘‘(ii) omit to state a material fact nec- motor vehicle safety information sonnel, and passenger motor vehicle manu- essary in order to make the statements made ‘‘(a) DISCRIMINATION AGAINST EMPLOYEES facturer personnel may directly and con- not misleading, in light of the circumstances OF MANUFACTURERS, PART SUPPLIERS, AND fidentially contact the National Highway under which such statements were made. DEALERSHIPS.—No motor vehicle manufac- Traffic Safety Administration to report po- ‘‘(2) NOTICE.—The certification require- turer, part supplier, or dealership may dis- tential passenger motor vehicle safety de- ments of this section shall be clearly stated charge an employee or otherwise discrimi- fects; and on any request for information under para- nate against an employee with respect to (2) publicize the means for contacting the graph (1).’’. compensation, terms, conditions, or privi- National Highway Traffic Safety Adminis- (b) CIVIL PENALTY.—Section 30165(a) of leges of employment because the employee tration in a manner that targets mechanics, title 49, United States Code, is amended— (or any person acting pursuant to a request passenger motor vehicle dealership per- (1) in paragraph (3), by striking ‘‘A person’’ of the employee)— sonnel, and manufacturer personnel. and inserting ‘‘Except as provided in para- ‘‘(1) provided, caused to be provided, or is SEC. 31303. CONSUMER NOTICE OF SOFTWARE graph (4), a person’’; and about to provide (with any knowledge of the UPDATES AND OTHER COMMUNICA- (2) by adding at the end the following: employer) or cause to be provided to the em- TIONS WITH DEALERS. ‘‘(4) FALSE, MISLEADING, OR INCOMPLETE RE- ployer or the Secretary of Transportation in- (a) INTERNET ACCESSIBILITY.—Section PORTS.—A person who knowingly and will- formation relating to any motor vehicle de- 30166(f) of title 49, United States Code, is fully submits materially false, misleading, fect, noncompliance, or any violation or al- amended— or incomplete information to the Secretary, leged violation of any notification or report- (1) by striking ‘‘A manufacturer shall give after certifying the same information as ac- ing requirement of this chapter; the Secretary of Transportation’’ and insert- curate and complete under the certification ‘‘(2) has filed, caused to be filed, or is about ing the following: process established pursuant to section to file (with any knowledge of the employer) ‘‘(1) IN GENERAL.—A manufacturer shall 30166(o), shall be subject to a civil penalty of or cause to be filed a proceeding relating to give the Secretary of Transportation, and not more than $5,000 per day. The maximum any violation or alleged violation of any make available on a publicly accessible penalty under this paragraph for a related motor vehicle defect, noncompliance, or any Internet website,’’; and series of daily violations is $5,000,000.’’. violation or alleged violation of any notifica- (2) by adding at the end the following: SEC. 31306. PASSENGER MOTOR VEHICLE INFOR- tion or reporting requirement of this chap- ‘‘(2) NOTICES.—Communications required to MATION PROGRAM. ter; be submitted to the Secretary and made (a) DEFINITION.—Section 32301 of title 49, ‘‘(3) testified or is about to testify in such available on a publicly accessible Internet United States Code, is amended— a proceeding; website under this subsection shall include (1) by redesignating paragraphs (1) and (2) ‘‘(4) assisted or participated or is about to all notices to dealerships of software up- as paragraphs (2) and (3), respectively; assist or participate in such a proceeding; or

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‘‘(5) objected to, or refused to participate uting factor in the unfavorable personnel ac- ‘‘(B) LIMITATION ON COLLATERAL ATTACK.— in, any activity that the employee reason- tion alleged in the complaint. An order of the Secretary with respect to ably believed to be in violation of any provi- ‘‘(iv) PROHIBITION.—Relief may not be or- which review could have been obtained under sion of any Act enforced by the Secretary of dered under subparagraph (A) if the em- subparagraph (A) shall not be subject to judi- Transportation, or any order, rule, regula- ployer demonstrates, by clear and con- cial review in any criminal or other civil tion, standard, or ban under any such Act. vincing evidence, that the employer would proceeding. ‘‘(b) COMPLAINT PROCEDURE.— have taken the same unfavorable personnel ‘‘(5) ENFORCEMENT OF ORDER BY SEC- ‘‘(1) FILING AND NOTIFICATION.—A person action in the absence of that behavior. RETARY.—Whenever any person fails to com- who believes that he or she has been dis- ‘‘(3) FINAL ORDER.— ply with an order issued under paragraph (3), charged or otherwise discriminated against ‘‘(A) DEADLINE FOR ISSUANCE; SETTLEMENT the Secretary may file a civil action in the by any person in violation of subsection (a) AGREEMENTS.—Not later than 120 days after United States district court for the district may, not later than 180 days after the date the date of conclusion of a hearing under in which the violation was found to occur to on which such violation occurs, file (or have paragraph (2), the Secretary shall issue a enforce such order. In actions brought under any person file on his or her behalf) a com- final order providing the relief prescribed by this paragraph, the district courts shall have plaint with the Secretary of Labor (herein- this paragraph or denying the complaint. At jurisdiction to grant all appropriate relief, after in this section referred to as the ‘Sec- any time before issuance of a final order, a including injunctive relief and compensatory retary’) alleging such discharge or discrimi- proceeding under this subsection may be ter- damages. nation. Upon receipt of such a complaint, the minated on the basis of a settlement agree- ‘‘(6) ENFORCEMENT OF ORDER BY PARTIES.— Secretary shall notify, in writing, the person ment entered into by the Secretary, the ‘‘(A) COMMENCEMENT OF ACTION.—A person named in the complaint of the filing of the complainant, and the person alleged to have on whose behalf an order was issued under complaint, of the allegations contained in committed the violation. paragraph (3) may commence a civil action the complaint, of the substance of evidence ‘‘(B) REMEDY.—If, in response to a com- against the person to whom such order was supporting the complaint, and of the oppor- plaint filed under paragraph (1), the Sec- issued to require compliance with such tunities that will be afforded to such person retary determines that a violation of sub- order. The appropriate United States district under paragraph (2). section (a) has occurred, the Secretary shall court shall have jurisdiction, without regard ‘‘(2) INVESTIGATION; PRELIMINARY ORDER.— order the person who committed such viola- to the amount in controversy or the citizen- ‘‘(A) IN GENERAL.—Not later than 60 days tion— ship of the parties, to enforce such order. after the date of receipt of a complaint filed ‘‘(i) to take affirmative action to abate the ‘‘(B) ATTORNEY FEES.—The court, in issuing under paragraph (1) and after affording the violation; any final order under this paragraph, may person named in the complaint an oppor- ‘‘(ii) to reinstate the complainant to his or award costs of litigation (including reason- tunity to submit to the Secretary a written her former position together with the com- able attorney and expert witness fees) to any response to the complaint and an oppor- pensation (including back pay) and restore party whenever the court determines such tunity to meet with a representative of the the terms, conditions, and privileges associ- award is appropriate. Secretary to present statements from wit- ated with his or her employment; and ‘‘(c) MANDAMUS.—Any nondiscretionary nesses, the Secretary shall conduct an inves- ‘‘(iii) to provide compensatory damages to duty imposed under this section shall be en- tigation and determine whether there is rea- the complainant. forceable in a mandamus proceeding brought under section 1361 of title 28. sonable cause to believe that the complaint ‘‘(C) ATTORNEYS’ FEES.—If such an order is ‘‘(d) NONAPPLICABILITY TO DELIBERATE VIO- has merit and notify, in writing, the com- issued under this paragraph, the Secretary, LATIONS.—Subsection (a) shall not apply with plainant and the person alleged to have com- at the request of the complainant, shall as- respect to an employee of a motor vehicle mitted a violation of subsection (a) of the sess against the person against whom the manufacturer, part supplier, or dealership Secretary’s findings. If the Secretary con- order is issued a sum equal to the aggregate who, acting without direction from such cludes that there is a reasonable cause to be- amount of all costs and expenses (including motor vehicle manufacturer, part supplier, lieve that a violation of subsection (a) has attorneys’ and expert witness fees) reason- or dealership (or such person’s agent), delib- occurred, the Secretary shall accompany the ably incurred, as determined by the Sec- erately causes a violation of any require- Secretary’s findings with a preliminary retary, by the complainant for, or in connec- ment relating to motor vehicle safety under order providing the relief prescribed by para- tion with, bringing the complaint upon this chapter.’’. graph (3)(B). Not later than 30 days after the which the order was issued. (b) CONFORMING AMENDMENT.—The table of date of notification of findings under this ‘‘(D) FRIVOLOUS COMPLAINTS.—If the Sec- sections for chapter 301 of title 49, United paragraph, either the person alleged to have retary determines that a complaint under States Code, is amended by inserting after committed the violation or the complainant paragraph (1) is frivolous or has been the item relating to section 30170 the fol- may file objections to the findings or pre- brought in bad faith, the Secretary may lowing: liminary order, or both, and request a hear- award to the prevailing employer a reason- ‘‘30171. Protection of employees providing ing on the record. The filing of such objec- able attorney’s fee not exceeding $1,000. motor vehicle safety informa- tions shall not operate to stay any reinstate- ‘‘(E) DE NOVO REVIEW.—With respect to a tion.’’. ment remedy contained in the preliminary complaint under paragraph (1), if the Sec- SEC. 31309. ANTI-REVOLVING DOOR. order. Such hearings shall be conducted ex- retary of Labor has not issued a final deci- (a) AMENDMENT.—Subchapter I of chapter peditiously. If a hearing is not requested in sion within 210 days after the filing of the 301 of title 49, United States Code, is amend- such 30-day period, the preliminary order complaint and if the delay is not due to the ed by adding at the end the following: shall be deemed a final order that is not sub- bad faith of the employee, the employee may ‘‘§ 30107. Restriction on covered motor vehi- ject to judicial review. bring an original action at law or equity for cle safety officials ‘‘(B) REQUIREMENTS.— de novo review in the appropriate district ‘‘(a) IN GENERAL.—During the 2-year period ‘‘(i) REQUIRED SHOWING BY COMPLAINANT.— court of the United States, which shall have after the termination of his or her service or The Secretary shall dismiss a complaint jurisdiction over such an action without re- employment, a covered vehicle safety official filed under this subsection and shall not con- gard to the amount in controversy, and may not knowingly make, with the intent to duct an investigation otherwise required which action shall, at the request of either influence, any communication to or appear- under subparagraph (A) unless the complain- party to the action, be tried by the court ance before any officer or employee of the ant makes a prima facie showing that any with a jury. The action shall be governed by National Highway Traffic Safety Adminis- behavior described in paragraphs (1) through the same legal burdens of proof specified in tration on behalf of any manufacturer sub- (5) of subsection (a) was a contributing fac- paragraph (2)(B) for review by the Secretary ject to regulation under this chapter in con- tor in the unfavorable personnel action al- of Labor. nection with any matter involving motor ve- leged in the complaint. ‘‘(4) REVIEW.— hicle safety on which such person seeks offi- ‘‘(ii) SHOWING BY EMPLOYER.—Notwith- ‘‘(A) APPEAL TO COURT OF APPEALS.—Any cial action by any officer or employee of the standing a finding by the Secretary that the person adversely affected or aggrieved by an National Highway Traffic Safety Adminis- complainant has made the showing required order issued under paragraph (3) may obtain tration. under clause (i), no investigation otherwise review of the order in the United States ‘‘(b) MANUFACTURERS.—It is unlawful for required under subparagraph (A) shall be Court of Appeals for the circuit in which the any manufacturer or other person subject to conducted if the employer demonstrates, by violation, with respect to which the order regulation under this chapter to employ or clear and convincing evidence, that the em- was issued, allegedly occurred or the circuit contract for the services of an individual to ployer would have taken the same unfavor- in which the complainant resided on the date whom subsection (a) applies during the 2- able personnel action in the absence of that of such violation. The petition for review year period commencing on the individual’s behavior. shall be filed not later than 60 days after the termination of employment with the Na- ‘‘(iii) CRITERIA FOR DETERMINATION BY SEC- date of the issuance of the final order of the tional Highway Traffic Safety Administra- RETARY.—The Secretary may determine that Secretary. Review shall conform to chapter 7 tion in a capacity in which the individual is a violation of subsection (a) has occurred of title 5. The commencement of proceedings prohibited from serving during that period. only if the complainant demonstrates that under this subparagraph shall not, unless or- ‘‘(c) SPECIAL RULE FOR DETAILEES.—For any behavior described in paragraphs (1) dered by the court, operate as a stay of the purposes of this section, a person who is de- through (5) of subsection (a) was a contrib- order. tailed from 1 department, agency, or other

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(2) REPORT.—Not later than 1 year after and inserting ‘‘in the manner prescribed by ‘‘(d) SAVINGS PROVISION.—Nothing in this the date of enactment of this Act, the In- the Secretary, by regulation’’. section may be construed to expand, con- spector General shall submit a report con- (b) IMPROVING EFFICACY OF RECALLS.—Sec- tract, or otherwise affect the application of taining the results of the study conducted tion 30119(e) of title 49, United States Code, any waiver or criminal penalties under sec- under paragraph (1) to— is amended— tion 207 of title 18. (A) the Committee on Commerce, Science, (1) in the subsection heading, by striking ‘‘(e) EXCEPTION FOR TESTIMONY.—Nothing and Transportation of the Senate; ‘‘SECOND’’ and inserting ‘‘ADDITIONAL’’; in this section may be construed to prevent (B) the Committee on Energy and Com- (2) by striking ‘‘If the Secretary’’ and in- an individual from giving testimony under merce of the House of Representatives; and serting the following: oath, or from making statements required to (C) the Secretary of Transportation. ‘‘(1) SECOND NOTIFICATION.—If the Sec- be made under penalty of perjury. (3) USE OF RESULTS.—The Secretary of retary’’; and ‘‘(f) DEFINED TERM.—In this section, the Transportation shall review the results of (3) by adding at the end the following: term ‘covered vehicle safety official’ means the study conducted under paragraph (1) and ‘‘(2) ADDITIONAL NOTIFICATIONS.—If the Sec- any officer or employee of the National take whatever action the Secretary deter- retary determines, after considering the se- Highway Traffic Safety Administration— mines to be appropriate. verity of the defect or noncompliance, that ‘‘(1) who, during the final 12 months of his (e) CONFORMING AMENDMENT.—The table of the second notification by a manufacturer or her service or employment with the agen- contents for chapter 301 of title 49, United does not result in an adequate number of cy, serves or served in a technical or legal States Code, is amended by inserting after motor vehicles or items of replacement capacity, and whose job responsibilities in- the item relating to section 30106 the fol- equipment being returned for remedy, the clude or included vehicle safety defect inves- lowing: Secretary may order the manufacturer— tigation, vehicle safety compliance, vehicle ‘‘(A) to send additional notifications in the ‘‘30107. Restriction on covered motor vehicle safety rulemaking, or vehicle safety re- manner prescribed by the Secretary, by regu- safety officials.’’. search; and lation; ‘‘(2) who serves in a supervisory or man- SEC. 31310. STUDY OF CRASH DATA COLLECTION. ‘‘(B) to take additional steps to locate and agement capacity over an officer or em- (a) IN GENERAL.—Not later than 1 year notify each person registered under State ployee described in paragraph (1). after the date of enactment of this Act, the law as the owner or lessee or the most recent ‘‘(g) EFFECTIVE DATE.—This section shall Secretary shall submit a report to the Com- purchaser or lessee, as appropriate; and apply to covered vehicle safety officials who mittee on Commerce, Science, and Transpor- ‘‘(C) to emphasize the magnitude of the terminate service or employment with the tation of the Senate the Committee on En- safety risk caused by the defect or non- National Highway Traffic Safety Adminis- ergy and Commerce of the House of Rep- compliance in such notification.’’. tration after the date of enactment of the .’’. resentatives regarding the quality of data SEC. 31312. EXPANDING CHOICES OF REMEDY (b) CIVIL PENALTY.—Section 30165(a) of collected through the National Automotive AVAILABLE TO MANUFACTURERS OF title 49, United States Code, as amended by Sampling System, including the Special REPLACEMENT EQUIPMENT. this subtitle, is further amended by adding Crash Investigations Program. Section 30120 of title 49, United States at the end the following: (b) REVIEW.—The Administrator of the Na- Code, is amended— ‘‘(5) IMPROPER INFLUENCE.—An individual tional Highway Traffic Safety Administra- (1) in subsection (a)(1), by amending sub- who violates section 30107(a) is liable to the tion (referred to in this section as the ‘‘Ad- paragraph (B) to read as follows: United States Government for a civil pen- ministration’’) shall conduct a comprehen- ‘‘(B) if replacement equipment, by repair- alty, as determined under section 216(b) of sive review of the data elements collected ing the equipment, replacing the equipment title 18, for an offense under section 207 of from each crash to determine if additional with identical or reasonably equivalent that title. A manufacturer or other person data should be collected. The review under equipment, or by refunding the purchase subject to regulation under this chapter who this subsection shall include input from in- price.’’; violates section 30107(b) is liable to the terested parties, including suppliers, auto- (2) in the heading of subsection (i), by add- United States Government for a civil penalty makers, safety advocates, the medical com- ing ‘‘OF NEW VEHICLES OR EQUIPMENT’’ at the equal to the sum of— munity, and research organizations. end; and ‘‘(A) an amount equal to not less than (c) CONTENTS.—The report issued under (3) in the heading of subsection (j), by $100,000; and this section shall include— striking ‘‘REPLACED’’ and inserting ‘‘RE- ‘‘(B) an amount equal to 90 percent of the (1) the analysis and conclusions the Ad- PLACEMENT’’. annual compensation or fee paid or payable ministration can reach from the amount of SEC. 31313. RECALL OBLIGATIONS AND BANK- to the individual with respect to whom the motor vehicle crash data collected in a given RUPTCY OF MANUFACTURER. (a) IN GENERAL.—Chapter 301 of title 49, violation occurred.’’. year; United States Code, is amended by inserting (c) STUDY OF DEPARTMENT OF TRANSPOR- (2) the additional analysis and conclusions the following after section 30120: TATION POLICIES ON OFFICIAL COMMUNICATION the Administration could reach if more crash ‘‘SEC. 30120A. RECALL OBLIGATIONS AND BANK- WITH FORMER MOTOR VEHICLE SAFETY ISSUE investigations were conducted each year; RUPTCY OF A MANUFACTURER. EMPLOYEES.—Not later than 1 year after the (3) the number of investigations per year ‘‘A manufacturer’s filing of a petition in date of the enactment of this Act, the In- that would allow for optimal data analysis bankruptcy under chapter 11 of title 11, does spector General of the Department of Trans- and crash information; not negate the manufacturer’s duty to com- (4) the results of the comprehensive review portation shall— ply with section 30112 or sections 30115 conducted pursuant to subsection (b); (1) review the Department of Transpor- through 30120 of this title. In any bankruptcy tation’s policies and procedures applicable to (5) recommendations for improvements to proceeding, the manufacturer’s obligations official communication with former employ- the Administration’s data collection pro- under such sections shall be treated as a ees concerning motor vehicle safety compli- gram; and claim of the United States Government ance matters for which they had responsi- (6) the resources needed by the Administra- against such manufacturer, subject to sub- bility during the last 12 months of their ten- tion to implement such recommendations. chapter II of chapter 37 of title 31, United ure at the Department, including any limita- SEC. 31311. UPDATE MEANS OF PROVIDING NOTI- States Code, and given priority pursuant to tions on the ability of such employees to FICATION; IMPROVING EFFICACY OF section 3713(a)(1)(A) of such chapter, not- submit comments, or otherwise commu- RECALLS. withstanding section 3713(a)(2), to ensure nicate directly with the Department, on (a) UPDATE OF MEANS OF PROVIDING NOTIFI- that consumers are adequately protected motor vehicle safety issues; and CATION.—Section 30119(d) of title 49, United from any safety defect or noncompliance de- (2) submit a report to the Committee on States Code, is amended— termined to exist in the manufacturer’s Commerce, Science, and Transportation of (1) by striking, in paragraph (1), ‘‘by first products. This section shall apply equally to the Senate and the Committee on Energy class mail’’ and inserting ‘‘in the manner actions of a manufacturer taken before or and Commerce of the House of Representa- prescribed by the Secretary, by regulation’’; after the filing of a petition in bankruptcy.’’. tives that contains the Inspector General’s (2) in paragraph (2)— (b) CONFORMING AMENDMENT.—The chapter findings, conclusions, and recommendations (A) by striking ‘‘(except a tire) shall be analysis of chapter 301 of title 49, United for strengthening those policies and proce- sent by first class mail’’ and inserting ‘‘shall States Code, is amended by inserting after dures to minimize the risk of undue influ- be sent in the manner prescribed by the Sec- the item relating to section 30120 the fol- ence without compromising the ability of retary, by regulation,’’; and lowing: the Department to employ and retain highly (B) by striking the second sentence; ‘‘30120a. Recall obligations and bankruptcy qualified individuals for such responsibil- (3) in paragraph (3)— of a manufacturer.’’. ities. (A) by striking the first sentence; SEC. 31314. REPEAL OF INSURANCE REPORTS (d) POST-EMPLOYMENT POLICY STUDY.— (B) by inserting ‘‘to the notification re- AND INFORMATION PROVISION. (1) IN GENERAL.—The Inspector General of quired under paragraphs (1) and (2)’’ after Chapter 331 of title 49, United States Code, the Department of Transportation shall con- ‘‘addition’’; and is amended—

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(1) in the chapter analysis, by striking the trolled by electronic throttle, to maintain (c) NATIONAL ACADEMY OF SCIENCES.—In item relating to section 33112; and vehicle control in the event of failure of the conducting the rulemaking under subsection (2) by striking section 33112. primary circuit or mechanism; and (a), the Secretary shall consider the findings SEC. 31315. MONRONEY STICKER TO PERMIT AD- (5) may permit vehicles to incorporate a and recommendations of the National Acad- DITIONAL SAFETY RATING CAT- means to temporarily disengage the function emy of Sciences, if any, pursuant to its EGORIES. required under paragraph (2) to facilitate op- study of electronic vehicle controls. Section 3(g)(2) of the Automobile Informa- erations, such as maneuvering trailers or SEC. 31405. PUSHBUTTON IGNITION SYSTEMS tion Disclosure Act (15 U.S.C. 1232(g)(2)), is climbing steep hills, which may require the STANDARD. amended by inserting ‘‘safety rating cat- simultaneous operation of brake and accel- (a) PUSHBUTTON IGNITION STANDARD.— egories that may include’’ after ‘‘refers to’’. erator. (1) IN GENERAL.—The Secretary shall ini- tiate a rulemaking proceeding to consider a Subtitle D—Vehicle Electronics and Safety SEC. 31403. PEDAL PLACEMENT STANDARD. Federal motor vehicle safety standard for Standards (a) IN GENERAL.—The Secretary shall ini- passenger motor vehicles with pushbutton tiate a rulemaking proceeding to consider a SEC. 31401. NATIONAL HIGHWAY TRAFFIC SAFETY ignition systems that establishes a standard- Federal motor vehicle safety standard that ADMINISTRATION ELECTRONICS, ized operation of such systems when used by would mitigate potential obstruction of SOFTWARE, AND ENGINEERING EX- drivers, including drivers who may be unfa- PERTISE. pedal movement in passenger motor vehi- miliar with such systems, in an emergency (a) COUNCIL FOR VEHICLE ELECTRONICS, VE- cles, after taking into account— situation when the vehicle is in motion. HICLE SOFTWARE, AND EMERGING TECH- (1) various pedal mounting configurations; (2) OTHER IGNITION SYSTEMS.—In the rule- NOLOGIES.— and making proceeding initiated under para- (1) IN GENERAL.—The Secretary shall estab- (2) minimum clearances for passenger graph (1), the Secretary may include any lish, within the National Highway Traffic motor vehicle foot pedals with respect to other ignition-starting mechanism that the Safety Administration, a Council for Vehicle other pedals, the vehicle floor (including Secretary determines should be considered. Electronics, Vehicle Software, and Emerging aftermarket floor coverings), and any other (b) PUSHBUTTON IGNITION SYSTEM DE- Technologies (referred to in this section as potential obstructions to pedal movement FINED.—The term ‘‘pushbutton ignition sys- the ‘‘Council’’) to build, integrate, and ag- that the Secretary determines to be rel- tem’’ means a mechanism, such as the push gregate the Administration’s expertise in evant. of a button, for starting a passenger motor passenger motor vehicle electronics and (b) DEADLINE.— vehicle that does not involve the physical in- other new and emerging technologies. (1) IN GENERAL.—Except as provided under sertion and turning of a tangible key. (2) IMPLEMENTATION OF ROADMAP.—The paragraph (2), the Secretary shall issue a (c) DEADLINE.— Council shall research the inclusion of final rule to implement the safety standard (1) IN GENERAL.—Except as provided under emerging lightweight plastic and composite described in subsection (a) not later than 3 paragraph (2), the Secretary shall issue a technologies in motor vehicles to increase years after the date of the enactment of this final rule to implement the standard de- fuel efficiency, lower emissions, meet fuel Act. scribed in subsection (a) not later than 2 economy standards, and enhance passenger (2) REPORT.—If the Secretary determines years after the date of the enactment of this motor vehicle safety through continued uti- that a pedal placement standard does not Act. lization of the Administration’s Plastic and meet the requirements and considerations (2) REPORT.—If the Secretary determines Composite Intensive Vehicle Safety Road- set forth in subsections (a) and (b) of section that a standard does not meet the require- map (Report No. DOT HS 810 863). 30111 of title 49, United States Code, the Sec- ments and considerations set forth in sub- (3) INTRA-AGENCY COORDINATION.—The retary shall submit a report describing the sections (a) and (b) of section 30111 of title 49, Council shall coordinate with all compo- reasons for not prescribing such standard United States Code, the Secretary shall sub- nents of the Administration responsible for to— mit a report describing the reasons for not vehicle safety, including research and devel- (A) the Committee on Commerce, Science, prescribing such standard to— opment, rulemaking, and defects investiga- and Transportation of the Senate; and (A) the Committee on Commerce, Science, tion. (B) the Committee on Energy and Com- and Transportation of the Senate; and (b) HONORS RECRUITMENT PROGRAM.— merce of the House of Representatives. (B) the Committee on Energy and Com- (1) ESTABLISHMENT.—The Secretary shall (c) COMBINED RULEMAKING.—The Secretary merce of the House of Representatives. establish, within the National Highway Traf- may combine the rulemaking proceeding re- SEC. 31406. VEHICLE EVENT DATA RECORDERS. fic Safety Administration, an honors pro- quired under subsection (a) with the rule- (a) MANDATORY EVENT DATA RECORDERS.— gram for engineering students, computer making proceeding required under section (1) IN GENERAL.—Not later than 180 days science students, and other students inter- 31402. after the date of enactment of this Act, the ested in vehicle safety that will enable such SEC. 31404. ELECTRONIC SYSTEMS PERFORM- Secretary shall revise part 563 of title 49, students to train with engineers and other ANCE STANDARD. Code of Federal Regulations, to require, be- safety officials for a career in vehicle safety. (a) IN GENERAL.—Not later than 2 years ginning with model year 2015, that new pas- (2) STIPEND.—The Secretary is authorized after the date of enactment of this Act, the senger motor vehicles sold in the United to provide a stipend to students during their Secretary shall initiate a rulemaking pro- States be equipped with an event data re- participation in the program established pur- ceeding to consider prescribing or amending corder that meets the requirements under suant to paragraph (1). a Federal motor vehicle safety standard that part. (c) ASSESSMENT.—The Council, in consulta- that— (2) PENALTY.—The violation of any provi- tion with affected stakeholders, shall assess (1) requires electronic systems in pas- sion under part 563 of title 49, Code of Fed- the implications of emerging safety tech- senger motor vehicles to meet minimum per- eral Regulations— nologies in passenger motor vehicles, includ- formance requirements; and (A) shall be deemed to be a violation of ing the effect of such technologies on con- (2) may include requirements for— section 30112 of title 49, United States Code; sumers, product availability, and cost. (A) electronic components; (B) shall be subject to civil penalties under SEC. 31402. VEHICLE STOPPING DISTANCE AND (B) the interaction of electronic compo- section 30165(a) of that title; and BRAKE OVERRIDE STANDARD. nents; (C) shall not subject a manufacturer (as de- Not later than 1 year after the date of en- (C) security needs for those electronic sys- fined in section 30102(a)(5) of that title) to actment of this Act, the Secretary shall pre- tems to prevent unauthorized access; or the requirements under section 30120 of that scribe a Federal motor vehicle safety stand- (D) the effect of surrounding environments title. ard that— on those electronic systems. (b) LIMITATIONS ON INFORMATION RE- (1) mitigates unintended acceleration in (b) DEADLINE.— TRIEVAL.— passenger motor vehicles; (1) IN GENERAL.—Except as provided under (1) OWNERSHIP OF DATA.—Any data in an (2) establishes performance requirements, paragraph (2), the Secretary shall issue a event data recorder required under part 563 based on the speed, size, and weight of the final rule to implement the safety standard of title 49, Code of Federal Regulations, re- vehicle, that enable a driver to bring a pas- described in subsection (a) not later than 4 gardless of when the passenger motor vehicle senger motor vehicle safely to a full stop by years after the date of enactment of this in which it is installed was manufactured, is normal braking application even if the vehi- Act. the property of the owner, or in the case of cle is simultaneously receiving accelerator (2) REPORT.—If the Secretary determines a leased vehicle, the lessee of the passenger input signals, including a full-throttle input that such a standard does not meet the re- motor vehicle in which the data recorder is signal; quirements and considerations set forth in installed. (3) may permit compliance through a sys- subsections (a) and (b) of section 30111 of (2) PRIVACY.—Data recorded or transmitted tem that requires brake pedal application, title 49, United States Code, the Secretary by such a data recorder may not be retrieved after a period of time determined by the Sec- shall submit a report describing the reasons by a person other than the owner or lessee of retary, to override an accelerator pedal for not prescribing such standard to— the motor vehicle in which the recorder is input signal in order to stop the vehicle; (A) the Committee on Commerce, Science, installed unless— (4) requires that redundant circuits or and Transportation of the Senate; and (A) a court authorizes retrieval of the in- other mechanisms be built into accelerator (B) the Committee on Energy and Com- formation in furtherance of a legal pro- control systems, including systems con- merce of the House of Representatives. ceeding;

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PROHIBITION ON ELECTRONIC VIS- tethers are feasible; and driver of the vehicle and the vehicle identi- UAL ENTERTAINMENT IN DRIVER’S (2) amend Federal Motor Vehicle Safety fication number is not disclosed in connec- VIEW. Standard Number 213 (relating to child re- tion with the retrieved information; or (a) VISUAL ENTERTAINMENT SCREENS IN straint systems) or Federal Motor Vehicle (D) the information is retrieved for the DRIVER’S VIEW.—Not later than 2 years after Safety Standard Number 225 (relating to purpose of determining the need for, or fa- the date of enactment of this Act, the Sec- child restraint anchorage systems)— cilitating, emergency medical response in re- retary of Transportation shall issue a final (A) to establish a maximum allowable sponse to a motor vehicle crash. rule that prescribes a Federal motor vehicle weight of the child and child restraint for (c) REPORT TO CONGRESS.—Two years after safety standard prohibiting electronic standardizing the recommended use of child the date of implementation of subsection (a), screens from displaying broadcast television, restraint anchorage systems in all vehicles; the Secretary shall study the safety impact movies, video games, and other forms of and and the impact on individual privacy of similar visual entertainment that is visible (B) to provide the information described in event data recorders in passenger motor ve- to the driver while driving. subparagraph (A) to the consumer. hicles and report its findings to the Com- (b) EXCEPTIONS.—The standard prescribed (b) FINAL RULE.— mittee on Commerce, Science, and Transpor- under subsection (a) shall allow electronic (1) IN GENERAL.—Except as provided under tation of the Senate and the Committee on screens that display information or images paragraph (2), the Secretary shall issue a Energy and Commerce of the House of Rep- regarding operation of the vehicle, vehicle final rule under subsection (a) not later than resentatives. The report shall include— surroundings, and telematic functions, such 3 years after the date of the enactment of (1) the safety benefits gained from installa- as the vehicles navigation and communica- this Act. tion of event data recorders; tions system, weather, time, or the vehicle’s (2) REPORT.—If the Secretary determines (2) the recommendations on what, if any, audio system. that an amendment to the standard referred additional data the event data recorder SEC. 31408. COMMERCIAL MOTOR VEHICLE ROLL- to in subsection (a) does not meet the re- should be modified to record; OVER PREVENTION AND CRASH quirements and considerations set forth in (3) the additional safety benefit such infor- MITIGATION. subsections (a) and (b) of section 30111 of mation would yield; (a) RULEMAKING.—Not later than 3 months title 49, United States Code, the Secretary (4) the estimated cost to manufacturers to after the date of enactment of this Act, the shall submit a report describing the reasons implement the new enhancements; Secretary of Transportation shall initiate a for not prescribing such a standard to— (5) an analysis of how the information pro- rulemaking proceeding pursuant to section (A) the Committee on Commerce, Science, posed to be recorded by an event data re- 30111 of title 49, United States Code, to pre- and Transportation of the Senate; and corder conforms to applicable legal, regu- scribe or amend a Federal motor vehicle (B) the Committee on Energy and Com- latory, and policy requirements regarding safety standard to reduce commercial motor merce of the House of Representatives. privacy; vehicle rollover and loss of control crashes SEC. 31503. REAR SEAT BELT REMINDERS. (6) a determination of the risks and effects and mitigate deaths and injuries associated (a) INITIATION OF RULEMAKING PRO- of collecting and maintaining the informa- with such crashes for air-braked truck trac- CEEDING.—Not later than 2 years after the tion proposed to be recorded by an event tors and motorcoaches with a gross vehicle date of enactment of this Act, the Secretary data recorder; weight rating of more than 26,000 pounds. shall initiate a rulemaking proceeding to (7) an examination and evaluation of the (b) REQUIRED PERFORMANCE STANDARDS.— amend Federal Motor Vehicle Safety Stand- protections and alternative processes for The rulemaking proceeding initiated under ard Number 208 (relating to occupant crash handling information recorded by an event subsection (a) shall establish standards to re- protection) to provide a safety belt use warn- data recorder to mitigate potential privacy duce the occurrence of rollovers and loss of ing system for designated seating positions risks. control crashes consistent with stability en- in the rear seat. (d) REVISED REQUIREMENTS FOR EVENT hancing technologies, such as electronic sta- (b) FINAL RULE.— DATA RECORDERS.—Based on the findings of bility control systems. (1) IN GENERAL.—Except as provided under the study under subsection (c), the Secretary (c) DEADLINE.—Not later than 18 months paragraph (2), the Secretary shall issue a shall initiate a rulemaking proceeding to re- after the date of enactment of this Act, the final rule under subsection (a) not later than vise part 563 of title 49, Code of Federal Reg- Secretary shall issue a final rule under sub- 3 years after the date of enactment of this ulations. The rule— section (a). Act. (1) shall require event data recorders to Subtitle E—Child Safety Standards capture and store data related to motor vehi- (2) REPORT.—If the Secretary determines cle safety covering a reasonable time period SEC. 31501. CHILD SAFETY SEATS. that an amendment to the standard referred before, during, and after a motor vehicle (a) PROTECTION FOR LARGER CHILDREN.— to in subsection (a) does not meet the re- crash or airbag deployment, including a roll- Not later than 1 year after the date of enact- quirements and considerations set forth in over; ment of this Act, the Secretary shall issue a subsections (a) and (b) of section 30111 of (2) shall require that data stored on such final rule amending Federal Motor Vehicle title 49, United States Code, the Secretary event data recorders be accessible, regardless Safety Standard Number 213 to establish shall submit a report describing the reasons of vehicle manufacturer or model, with com- frontal crash protection requirements for for not prescribing such a standard to— mercially available equipment in a specified child restraint systems for children weighing (A) the Committee on Commerce, Science, data format; more than 65 pounds. and Transportation of the Senate; and (3) shall establish requirements for pre- (b) SIDE IMPACT CRASHES.—Not later than 2 (B) the Committee on Energy and Com- venting unauthorized access to the data years after the date of enactment of this merce of the House of Representatives. stored on an event data recorder in order to Act, the Secretary shall issue a final rule SEC. 31504. UNATTENDED PASSENGER REMIND- protect the security, integrity, and authen- amending Federal Motor Vehicle Safety ERS. ticity of the data; and Standard Number 213 to improve the protec- (a) SAFETY RESEARCH INITIATIVE.—Not (4) may require an interoperable data ac- tion of children seated in child restraint sys- later than 2 years after the date of enact- cess port to facilitate universal accessibility tems during side impact crashes. ment of this Act, the Secretary shall com- and analysis. (c) FRONTAL IMPACT TEST PARAMETERS.— plete research into the development of per- (e) DISCLOSURE OF EXISTENCE AND PURPOSE (1) COMMENCEMENT.—Not later than 2 years formance requirements to warn drivers that OF EVENT DATA RECORDER.—The rule issued after the date of enactment of this Act, the a child or other unattended passenger re- under subsection (d) shall require that any Secretary shall commence a rulemaking pro- mains in a rear seating position after the ve- owner’s manual or similar documentation ceeding to amend test parameters under Fed- hicle motor is disengaged. provided to the first purchaser of a passenger eral Motor Vehicle Safety Standard Number (b) SPECIFICATIONS.—In carrying out sub- motor vehicle for purposes other than re- 213 to better replicate real world conditions. section (a), the Secretary shall consider per- sale— (2) FINAL RULE.—Not later than 4 years formance requirements that— (1) disclose that the vehicle is equipped after the date of enactment of this Act, the (1) sense weight, the presence of a buckled with such a data recorder; and Secretary shall issue a final rule pursuant to seat belt, or other indications of the pres- (2) explain the purpose of the data re- paragraph (1). ence of a child or other passenger; and corder. SEC. 31502. CHILD RESTRAINT ANCHORAGE SYS- (2) provide an alert to prevent (f) ACCESS TO EVENT DATA RECORDERS IN TEMS. hyperthermia and hypothermia that can re- AGENCY INVESTIGATIONS.—Section (a) INITIATION OF RULEMAKING PRO- sult in death or severe injuries. 30166(c)(3)(C) of title 49, United States Code, CEEDING.—Not later than 1 year after the (c) RULEMAKING OR REPORT.—

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(1) RULEMAKING.—Not later than 1 year this section may not prohibit the operation tion 32101(b) of the Commercial Motor Vehi- after the completion of each research and on public roads of agricultural equipment cle Safety Enhancement Act of 2012, has testing initiative required under subsection that is equipped in accordance with any passed the written proficiency examina- (a), the Secretary shall initiate a rule- adopted revision of ASABE Standard 279 that tion.’’. making proceeding to issue a Federal motor is later than the revision of such standard (b) WRITTEN PROFICIENCY EXAMINATION.— vehicle safety standard if the Secretary de- that was referenced during the promulgation (1) ESTABLISHMENT.—Not later than 18 termines that such a standard meets the re- of the rule. months after the date of enactment of this quirements and considerations set forth in (2) NO RETROFITTING REQUIRED.—Any rule Act, the Secretary shall establish a written subsections (a) and (b) of section 30111 of promulgated pursuant to this section may proficiency examination for applicant motor title 49, United States Code. not require the retrofitting of agricultural carriers pursuant to section 13902(a)(1)(D) of (2) REPORT.—If the Secretary determines equipment that was manufactured before the title 49, United States Code. The written pro- that the standard described in subsection (a) date on which the lighting and marking ficiency examination shall test a person’s does not meet the requirements and consid- standards are enforceable under subsection knowledge of applicable safety regulations, erations set forth in subsections (a) and (b) (b)(2)(A). standards, and orders of the Federal govern- of section 30111 of title 49, United States (3) NO EFFECT ON ADDITIONAL MATERIALS ment and State government. Code, the Secretary shall submit a report de- AND EQUIPMENT.—Any rule promulgated pur- (2) ADDITIONAL FEE.—The Secretary may scribing the reasons for not prescribing such suant to this section may not prohibit the assess a fee to cover the expenses incurred by a standard to— operation on public roads of agricultural the Department of Transportation in— (A) the Committee on Commerce, Science, equipment that is equipped with materials or (A) developing and administering the writ- and Transportation of the Senate; and equipment that are in addition to the min- ten proficiency examination; and (B) the Committee on Energy and Com- imum materials and equipment specified in (B) reviewing the comprehensive manage- merce of the House of Representatives. the standard upon which such rule is based. ment plan required under section SEC. 31505. NEW DEADLINE. TITLE II—COMMERCIAL MOTOR VEHICLE 13902(a)(1)(B) of title 49, United States Code. If the Secretary determines that any dead- SAFETY ENHANCEMENT ACT OF 2012 (c) CONFORMING AMENDMENT.—Section line for issuing a final rule under this Act 210(b) of the Motor Carrier Safety Improve- cannot be met, the Secretary shall— SEC. 32001. SHORT TITLE. ment Act of 1999 (49 U.S.C. 31144 note) is (1) provide the Committee on Commerce, This title may be cited as the ‘‘Commer- amended— Science, and Transportation of the Senate cial Motor Vehicle Safety Enhancement Act (1) by inserting ‘‘, commercial regulations, and the Committee on Energy and Commerce of 2012’’. and provisions of subpart H of part 37 of title of the House of Representatives with an ex- SEC. 32002. REFERENCES TO TITLE 49, UNITED 49, Code of Federal Regulations, or successor planation for why such deadline cannot be STATES CODE. regulations’’ after ‘‘applicable safety regula- met; and Except as otherwise expressly provided, tions’’; and (2) establish a new deadline for that rule. whenever in this title an amendment or re- (2) by striking ‘‘consider the establishment Subtitle F—Improved Daytime and Nighttime peal is expressed in terms of an amendment of’’ and inserting ‘‘establish’’. to, or a repeal of, a section or other provi- Visibility of Agricultural Equipment SEC. 32102. SAFETY FITNESS OF NEW OPERA- SEC. 31601. RULEMAKING ON VISIBILITY OF AGRI- sion, the reference shall be considered to be TORS. made to a section or other provision of title CULTURAL EQUIPMENT. (a) SAFETY REVIEWS OF NEW OPERATORS.— (a) DEFINITIONS.—In this section: 49, United States Code. Section 31144(g)(1) is amended to read as fol- (1) AGRICULTURAL EQUIPMENT.—The term Subtitle A—Commercial Motor Vehicle lows: ‘‘agricultural equipment’’ has the meaning Registration ‘‘(1) SAFETY REVIEW.— given the term ‘‘agricultural field equip- SEC. 32101. REGISTRATION OF MOTOR CARRIERS. ‘‘(A) IN GENERAL.—The Secretary shall re- ment’’ in ASABE Standard 390.4, entitled (a) REGISTRATION REQUIREMENTS.—Section quire, by regulation, each owner and each ‘‘Definitions and Classifications of Agricul- 13902(a)(1) is amended to read as follows: operator granted new registration under sec- tural Field Equipment’’, which was published ‘‘(1) IN GENERAL.—Except as otherwise pro- tion 13902 or 31134 to undergo a safety review in January 2005 by the American Society of vided in this section, the Secretary of Trans- not later than 12 months after the owner or Agriculture and Biological Engineers, or any portation may not register a person to pro- operator, as the case may be, begins oper- successor standard. vide transportation subject to jurisdiction ations under such registration. (2) PUBLIC ROAD.—The term ‘‘public road’’ ‘‘(B) PROVIDERS OF MOTORCOACH SERVICES.— has the meaning given the term in section under subchapter I of chapter 135 as a motor carrier unless the Secretary determines that The Secretary may register a person to pro- 101(a)(27) of title 23, United States Code. vide motorcoach services under section 13902 (b) RULEMAKING.— the person— or 31134 after the person undergoes a pre-au- (1) IN GENERAL.—Not later than 2 years ‘‘(A) is willing and able to comply with— thorization safety audit, including after the date of enactment of this Act, the ‘‘(i) this part and the applicable regula- verification, in a manner sufficient to dem- Secretary of Transportation, after consulta- tions of the Secretary and the Board; onstrate the ability to comply with Federal tion with representatives of the American ‘‘(ii) any safety regulations imposed by the rules and regulations, as described in section Society of Agricultural and Biological Engi- Secretary; 13902. The Secretary shall continue to mon- neers and appropriate Federal agencies, and ‘‘(iii) the duties of employers and employ- itor the safety performance of each owner with other appropriate persons, shall pro- ees established by the Secretary under sec- and each operator subject to this section for mulgate a rule to improve the daytime and tion 31135; 12 months after the owner or operator is nighttime visibility of agricultural equip- ‘‘(iv) the safety fitness requirements estab- granted registration under section 13902 or ment that may be operated on a public road. lished by the Secretary under section 31144; 31134. The registration of each owner and (2) MINIMUM STANDARDS.—The rule promul- ‘‘(v) the accessibility requirements estab- each operator subject to this section shall gated pursuant to this subsection shall— lished by the Secretary under subpart H of become permanent after the motorcoach (A) establish minimum lighting and mark- part 37 of title 49, Code of Federal Regula- service provider is granted registration fol- ing standards for applicable agricultural tions (or successor regulations), for transpor- lowing a pre-authorization safety audit and equipment manufactured at least 1 year tation provided by an over-the-road bus; and the expiration of the 12 month monitoring after the date on which such rule is promul- ‘‘(vi) the minimum financial responsibility period. gated; and requirements established by the Secretary ‘‘(C) PRE-AUTHORIZATION SAFETY AUDIT.— (B) provide for the methods, materials, under sections 13906, 31138, and 31139; The Secretary may require, by regulation, specifications, and equipment to be em- ‘‘(B) has submitted a comprehensive man- that the pre-authorization safety audit ployed to comply with such standards, which agement plan documenting that the person under subparagraph (B) be completed on-site shall be equivalent to ASABE Standard has management systems in place to ensure not later than 90 days after the submission of 279.14, entitled ‘‘Lighting and Marking of Ag- compliance with safety regulations imposed an application for operating authority.’’. ricultural Equipment on Highways’’, which by the Secretary; (b) EFFECTIVE DATE.—The amendments was published in July 2008 by the American ‘‘(C) has disclosed any relationship involv- made by subsection (a) shall take effect 1 Society of Agricultural and Biological Engi- ing common ownership, common manage- year after the date of enactment of this Act. neers, or any successor standard. ment, common control, or common familial (c) REVIEW.—Not less frequently than once relationship between that person and any SEC. 32103. REINCARNATED CARRIERS. every 5 years, the Secretary of Transpor- other motor carrier, freight forwarder, or (a) EFFECTIVE PERIODS OF REGISTRATION.— tation shall— broker, or any other applicant for motor car- (1) SUSPENSIONS, AMENDMENTS, AND REVOCA- (1) review the standards established pursu- rier, freight forwarder, or broker registra- TIONS.—Section 13905(d) is amended— ant to subsection (b); and tion, or a successor (as that term is defined (A) by redesignating paragraph (2) as para- (2) revise such standards to reflect the re- under section 31153), if the relationship oc- graph (4); vision of ASABE Standard 279 that is in ef- curred in the 5-year period preceding the (B) by striking paragraph (1) and inserting fect at the time of such review. date of the filing of the application for reg- the following: (d) LIMITATIONS.— istration; and ‘‘(1) APPLICATIONS.—On application of the (1) COMPLIANCE WITH SUCCESSOR STAND- ‘‘(D) after the Secretary establishes a writ- registrant, the Secretary may amend or re- ARDS.—Any rule promulgated pursuant to ten proficiency examination pursuant to sec- voke a registration.

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‘‘(2) COMPLAINTS AND ACTIONS ON SEC- any other person, employer, or any other ap- applicant for registration subject to this sub- RETARY’S OWN INITIATIVE.—On complaint or plicant for registration under section 13902 chapter who is or was unfit, unwilling, or un- on the Secretary’s own initiative and after or 31134.’’. able to comply with the requirements listed notice and an opportunity for a proceeding, SEC. 32104. FINANCIAL RESPONSIBILITY RE- in subsection (b)(1); or the Secretary may— QUIREMENTS. ‘‘(3) the person is the successor, as defined ‘‘(A) suspend, amend, or revoke any part of (a) REPORT.—Not later than 6 months after in section 31153, to a person who is or was the registration of a motor carrier, broker, the date of enactment of this Act, the Sec- unfit, unwilling, or unable to comply with or freight forwarder for willful failure to retary shall— the requirements listed in subsection (b)(1). comply with— (1) issue a report on the appropriateness ‘‘(c) REVOCATION OR SUSPENSION OF REG- ‘‘(i) this part; of— ISTRATION.—The Secretary shall revoke the ‘‘(ii) an applicable regulation or order of (A) the current minimum financial respon- registration of an employer or person under the Secretary or the Board, including the ac- sibility requirements under sections 31138 subsection (a) after notice and an oppor- cessibility requirements established by the and 31139 of title 49, United States Code; and tunity for a proceeding, or suspend the reg- Secretary under subpart H of part 37 of title (B) the current bond and insurance require- istration after giving notice of the suspen- 49, Code of Federal Regulations (or successor ments under section 13904(f) of title 49, sion to the employer or person, if the Sec- regulations), for transportation provided by United States Code; and retary determines that— an over-the-road bus; or (2) submit the report issued under para- ‘‘(1) the employer’s or person’s authority ‘‘(iii) a condition of its registration; graph (1) to the Committee on Commerce, to operate pursuant to chapter 139 of this ‘‘(B) withhold, suspend, amend, or revoke Science, and Transportation of the Senate title would be subject to revocation or sus- any part of the registration of a motor car- and the Committee on Transportation and pension under sections 13905(d)(1) or 13905(f) rier, broker, or freight forwarder for fail- Infrastructure of the House of Representa- of this title; ure— tives. ‘‘(2) the employer or person is or was re- ‘‘(i) to pay a civil penalty imposed under (b) RULEMAKING.—Not later than 6 months lated through common ownership, common chapter 5, 51, 149, or 311; after the publication of the report under sub- management, common control, or common ‘‘(ii) to arrange and abide by an acceptable section (a), the Secretary shall initiate a familial relationship to any other person or payment plan for such civil penalty, not rulemaking— applicant for registration subject to this sub- later than 90 days after the date specified by (1) to revise the minimum financial respon- chapter that the Secretary determines is or order of the Secretary for the payment of sibility requirements under sections 31138 was unfit, unwilling, or unable to comply such penalty; or and 31139 of title 49, United States Code and with the requirements listed in subsection ‘‘(iii) for failure to obey a subpoena issued (2) to revise the bond and insurance re- (b)(1); by the Secretary; quirements under section 13904(f) of such ‘‘(3) the person is the successor, as defined ‘‘(C) withhold, suspend, amend, or revoke title, as appropriate, based on the findings of in section 31153, to a person the Secretary any part of a registration of a motor carrier, the report submitted under subsection (a). determines is or was unfit, unwilling, or un- broker, or freight forwarder following a de- (c) DEADLINE.—Not later than 1 year after able to comply with the requirements listed termination by the Secretary that the motor the start of the rulemaking under subsection in subsection (b)(1); or carrier, broker, or freight forwarder failed to (b), the Secretary shall— ‘‘(4) the employer or person failed or re- disclose, in its application for registration, a (1) issue a final rule; or fused to submit to the safety review required material fact relevant to its willingness and (2) if the Secretary determines that a rule- by section 31144(g) of this title. ability to comply with— making is not required following the Sec- ‘‘(d) PERIODIC REGISTRATION UPDATE.—The ‘‘(i) this part; retary’s analysis, submit a report stating the Secretary may require an employer to up- ‘‘(ii) an applicable regulation or order of reason for not increasing the minimum fi- date a registration under this section peri- odically or not later than 30 days after a the Secretary or the Board; or nancial responsibility requirements to the ‘‘(iii) a condition of its registration; or change in the employer’s address, other con- Committee on Commerce, Science, and ‘‘(D) withhold, suspend, amend, or revoke tact information, officers, process agent, or Transportation of the Senate and the Com- any part of a registration of a motor carrier, other essential information, as determined mittee on Transportation and Infrastructure broker, or freight forwarder if the Secretary by the Secretary.’’. of the House of Representatives. finds that— (b) CONFORMING AMENDMENT.—The analysis (d) BIENNIAL REVIEWS.—Not less than once ‘‘(i) the motor carrier, broker, or freight of chapter 311 is amended by inserting after every 2 years, the Secretary shall review the forwarder is or was related through common the item relating to section 31133 the fol- requirements prescribed under subsection (b) ownership, common management, common lowing: and revise the requirements, as appropriate. control, or common familial relationship to ‘‘31134. Requirement for registration and any other motor carrier, broker, or freight SEC. 32105. USDOT NUMBER REGISTRATION RE- USDOT number.’’. QUIREMENT. forwarder, or any other applicant for motor SEC. 32106. REGISTRATION FEE SYSTEM. (a) IN GENERAL.—Chapter 311 is amended carrier, broker, or freight forwarder registra- Section 13908(d)(1) is amended by striking by inserting after section 31133 the following: tion that the Secretary determines is or was ‘‘but shall not exceed $300’’. unwilling or unable to comply with the rel- ‘‘§ 31134. Requirement for registration and SEC. 32107. REGISTRATION UPDATE. evant requirements listed in section 13902, USDOT number (a) PERIODIC MOTOR CARRIER UPDATE.—Sec- 13903, or 13904; or ‘‘(a) IN GENERAL.—Upon application, and tion 13902 is amended by adding at the end ‘‘(ii) the person is the successor, as defined subject to subsections (b) and (c), the Sec- the following: in section 31153, to a person who is or was un- retary shall register an employer or person ‘‘(h) UPDATE OF REGISTRATION.—The Sec- willing or unable to comply with the rel- subject to the safety jurisdiction of this sub- retary may require a registrant to update its evant requirements of section 13902, 13903, or chapter. An employer or person may operate registration under this section periodically 13904. a commercial motor vehicle in interstate or not later than 30 days after a change in ‘‘(3) LIMITATION.—Paragraph (2)(B) shall commerce only if the employer or person is the registrant’s address, other contact infor- not apply to a person who is unable to pay a registered by the Secretary under this sec- mation, officers, process agent, or other es- civil penalty because the person is a debtor tion and receives a USDOT number. Nothing sential information, as determined by the in a case under chapter 11 of title 11.’’; and in this section shall preclude registration by Secretary.’’. (C) in paragraph (4), as redesignated by sec- the Secretary of an employer or person not (b) PERIODIC FREIGHT FORWARDER UP- tion 32103(a)(1)(A) of this Act, by striking engaged in interstate commerce. An em- DATE.—Section 13903 is amended by adding at ‘‘paragraph (1)(B)’’ and inserting ‘‘paragraph ployer or person subject to jurisdiction the end the following: ‘‘(c) UPDATE OF REGISTRATION.—The Sec- (2)(B)’’. under subchapter I of chapter 135 of this title retary may require a freight forwarder to up- shall apply for commercial registration (2) PROCEDURE.—Section 13905(e) is amend- date its registration under this section peri- under section 13902 of this title. ed by inserting ‘‘or if the Secretary deter- odically or not later than 30 days after a ‘‘(b) WITHHOLDING REGISTRATION.—The Sec- mines that the registrant failed to disclose a change in the freight forwarder’s address, retary may withhold registration under sub- material fact in an application for registra- other contact information, officers, process section (a), after notice and an opportunity tion in accordance with subsection (d)(2)(C),’’ agent, or other essential information, as de- after ‘‘registrant,’’. for a proceeding, if the Secretary determines termined by the Secretary.’’. (b) INFORMATION SYSTEMS.—Section that— (c) PERIODIC BROKER UPDATE.—Section 31106(a)(3) is amended— ‘‘(1) the employer or person seeking reg- 13904 is amended by adding at the end the (1) in subparagraph (F), by striking ‘‘and’’ istration is unwilling or unable to comply following: at the end; with the requirements of this subchapter and ‘‘(e) UPDATE OF REGISTRATION.—The Sec- (2) in subparagraph (G), by striking the pe- the regulations prescribed thereunder and retary may require a broker to update its riod at the end and inserting ‘‘; and’’; and chapter 51 and the regulations prescribed registration under this section periodically (3) by adding at the end the following: thereunder; or not later than 30 days after a change in ‘‘(H) determine whether a person or em- ‘‘(2) the employer or person is or was re- the broker’s address, other contact informa- ployer is or was related, through common lated through common ownership, common tion, officers, process agent, or other essen- ownership, common management, common management, common control, or common tial information, as determined by the Sec- control, or common familial relationship, to familial relationship to any other person or retary.’’.

VerDate Mar 15 2010 01:58 Mar 08, 2012 Jkt 099060 PO 00000 Frm 00098 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S17FE2.REC S17FE2 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 17, 2012 CONGRESSIONAL RECORD — SENATE S977 SEC. 32108. INCREASED PENALTIES FOR OPER- ‘‘(B) shall take into account such non-com- with the features of another existing or ATING WITHOUT REGISTRATION. pliance for purposes of determining civil pen- former motor carrier, employer, or owner or (a) PENALTIES.—Section 14901(a) is amend- alty amounts under section 521(b)(2)(D). operator, such as— ed— ‘‘(3) OFFICERS.—If the Secretary finds, ‘‘(1) consideration paid for assets pur- (1) by striking ‘‘$500’’ and inserting after notice and an opportunity for pro- chased or transferred; ‘‘$1,000’’; ceeding, that an officer of a motor carrier, ‘‘(2) dates of corporate creation and dis- (2) by striking ‘‘who is not registered under employer, or owner or operator engaged in a solution or termination of operations; this part to provide transportation of pas- pattern or practice of violating regulations ‘‘(3) commonality of ownership; sengers,’’; prescribed under this subchapter, or assisted ‘‘(4) commonality of officers and manage- (3) by striking ‘‘with respect to providing a motor carrier, employer, or owner or oper- ment personnel and their functions; transportation of passengers,’’ and inserting ator in avoiding compliance, or masking or ‘‘(5) commonality of drivers and other em- ‘‘or section 13902(c) of this title,’’; and otherwise concealing noncompliance, the ployees; (4) by striking ‘‘$2,000 for each violation Secretary may impose appropriate sanc- ‘‘(6) identity of physical or mailing ad- and each additional day the violation con- tions, subject to the limitations in para- dresses, telephone, fax numbers, or e-mail tinues’’ and inserting ‘‘$10,000 for each viola- graph (4), including— addresses; tion, or $25,000 for each violation relating to ‘‘(A) suspension or revocation of registra- ‘‘(7) identity of motor vehicle equipment; providing transportation of passengers’’. tion granted to the officer individually under ‘‘(8) continuity of liability insurance poli- (b) TRANSPORTATION OF HAZARDOUS section 13902 or 31134; cies; WASTES.—Section 14901(b) is amended by ‘‘(9) commonality of coverage under liabil- striking ‘‘not to exceed $20,000’’ and insert- ‘‘(B) temporary or permanent suspension ity insurance policies; ing ‘‘not less than $25,000’’. or bar from association with any motor car- rier, employer, or owner or operator reg- ‘‘(10) continuation of carrier facilities and SEC. 32109. REVOCATION OF REGISTRATION FOR IMMINENT HAZARD. istered under section 13902 or 31134; or other physical assets; Section 13905(f)(2) is amended to read as ‘‘(C) any appropriate sanction approved by ‘‘(11) continuity of the nature and scope of follows: the Secretary. operations, including customers; ‘‘(2) IMMINENT HAZARD TO PUBLIC HEALTH.— ‘‘(4) LIMITATIONS.—The sanctions described ‘‘(12) commonality of the nature and scope Notwithstanding subchapter II of chapter 5 in subparagraphs (A) through (C) of sub- of operations, including customers; of title 5, the Secretary shall revoke the reg- section (b)(3) shall apply to— ‘‘(13) advertising, corporate name, or other istration of a motor carrier if the Secretary ‘‘(A) intentional or knowing conduct, in- acts through which the motor carrier, em- finds that the carrier is or was conducting cluding reckless conduct that violates appli- ployer, or owner or operator holds itself out unsafe operations that are or were an immi- cable laws (including regulations); and to the public; nent hazard to public health or property.’’. ‘‘(B) repeated instances of negligent con- ‘‘(14) history of safety violations and pend- SEC. 32110. REVOCATION OF REGISTRATION AND duct that violates applicable laws (including ing orders or enforcement actions of the Sec- OTHER PENALTIES FOR FAILURE TO regulations).’’; and retary; and RESPOND TO SUBPOENA. (2) by striking subsection (c) and inserting ‘‘(15) additional factors that the Secretary Section 525 is amended— the following: considers appropriate. (1) by striking ‘‘subpenas’’ in the section ‘‘(c) AVOIDING COMPLIANCE.—For purposes ‘‘(c) EFFECTIVE DATE.—Notwithstanding heading and inserting ‘‘subpoenas’’; of this section, ‘avoiding compliance’ or any other provision of law, this section shall (2) by striking ‘‘subpena’’ and inserting ‘masking or otherwise concealing non- apply to any action commenced on or after ‘‘subpoena’’; compliance’ includes serving as an officer or the date of enactment of the Commercial (3) by striking ‘‘$100’’ and inserting otherwise exercising controlling influence Motor Vehicle Safety Enhancement Act of ‘‘$1,000’’; over 2 or more motor carriers where— 2012 without regard to whether the violation (4) by striking ‘‘$5,000’’ and inserting ‘‘(1) one of the carriers was placed out of that is the subject of the action, or the con- ‘‘$10,000’’; and service, or received notice from the Sec- duct that caused the violation, occurred be- (5) by adding at the end the following: retary that it will be placed out of service, fore the date of enactment. ‘‘The Secretary may withhold, suspend, following— ‘‘(d) RIGHTS NOT AFFECTED.—Nothing in amend, or revoke any part of the registra- ‘‘(A) a determination of unfitness under this section shall affect the rights, functions, tion of a person required to register under section 31144(b); or responsibilities under law of any other De- partment, Agency, or instrumentality of the chapter 139 for failing to obey a subpoena or ‘‘(B) a suspension or revocation of registra- United States, the laws of any State, or any requirement of the Secretary under this tion under section 13902, 13905, or 31144(g); rights between a private party and a motor chapter to appear and testify or produce ‘‘(C) issuance of an imminent hazard out of carrier, employer, or owner or operator.’’. records.’’. service order under section 521(b)(5) or sec- (b) CONFORMING AMENDMENT.—The analysis SEC. 32111. FLEETWIDE OUT OF SERVICE ORDER tion 5121(d); or FOR OPERATING WITHOUT RE- of chapter 311 is amended by inserting after ‘‘(D) notice of failure to pay a civil penalty the item related to section 31152, as added by QUIRED REGISTRATION. or abide by a penalty payment plan; and Section 13902(e)(1) is amended— section 32508 of this Act, the following: ‘‘(2) one or more of the carriers is the ‘suc- (1) by striking ‘‘motor vehicle’’ and insert- ‘‘31153. Federal successor standard.’’. cessor,’ as that term is defined in section ing ‘‘motor carrier’’ after ‘‘the Secretary de- 31153, to the carrier that is the subject of the Subtitle B—Commercial Motor Vehicle Safety termines that a’’; and action in paragraph (1).’’. SEC. 32201. REPEAL OF COMMERCIAL JURISDIC- (2) by striking ‘‘order the vehicle’’ and in- SEC. 32113. FEDERAL SUCCESSOR STANDARD. TION EXCEPTION FOR BROKERS OF serting ‘‘order the motor carrier operations’’ MOTOR CARRIERS OF PASSENGERS. (a) IN GENERAL.—Chapter 311 is amended after ‘‘the Secretary may’’. (a) IN GENERAL.—Section 13506(a) is amend- by adding after section 31152, as added by SEC. 32112. MOTOR CARRIER AND OFFICER PAT- ed— section 32508 of this Act, the following: TERNS OF SAFETY VIOLATIONS. (1) by inserting ‘‘or’’ at the end of para- Section 31135 is amended— ‘‘§ 31153. Federal successor standard graph (13); (1) by striking subsection (b) and inserting ‘‘(a) FEDERAL SUCCESSOR STANDARD.—Not- (2) by striking paragraph (14); and the following: withstanding any other provision of Federal (3) by redesignating paragraph (15) as para- ‘‘(b) NONCOMPLIANCE.— or State law, the Secretary may take an ac- graph (14). ‘‘(1) MOTOR CARRIERS.—Two or more motor tion authorized under chapters 5, 51, 131 (b) CONFORMING AMENDMENT.—Section carriers, employers, or persons shall not use through 149, subchapter III of chapter 311 13904(a) is amended by striking ‘‘of property’’ common ownership, common management, (except sections 31138 and 31139), or sections in the first sentence. common control, or common familial rela- 31302, 31303, 31304, 31305(b), 31310(g)(1)(A), or SEC. 32202. BUS RENTALS AND DEFINITION OF tionship to enable any or all such motor car- 31502 of this title, or a regulation issued EMPLOYER. riers, employers, or persons to avoid compli- under any of those provisions, against a suc- Paragraph (3) of section 31132 is amended ance, or mask or otherwise conceal non-com- cessor of a motor carrier (as defined in sec- to read as follows: pliance, or a history of non-compliance, with tion 13102), a successor of an employer (as de- ‘‘(3) ‘employer’— regulations prescribed under this subchapter fined in section 31132), or a successor of an ‘‘(A) means a person engaged in a business or an order of the Secretary issued under owner or operator (as that term is used in affecting interstate commerce that— this subchapter. subchapter III of chapter 311), to the same ‘‘(i) owns or leases a commercial motor ve- ‘‘(2) PATTERN.—If the Secretary finds that extent and on the same basis as the Sec- hicle in connection with that business, or as- a motor carrier, employer, or person engaged retary may take the action against the signs an employee to operate the commercial in a pattern or practice of avoiding compli- motor carrier, employer, or owner or oper- motor vehicle; or ance, or masking or otherwise concealing ator. ‘‘(ii) offers for rent or lease a motor vehicle noncompliance, with regulations prescribed ‘‘(b) SUCCESSOR DEFINED.—For purposes of designed or used to transport more than 8 under this subchapter, the Secretary— this section, the term ‘successor’ means a passengers, including the driver, and from ‘‘(A) may withhold, suspend, amend, or re- motor carrier, employer, or owner or oper- the same location or as part of the same voke any part of the motor carrier’s, em- ator that the Secretary determines, after no- business provides names or contact informa- ployer’s, or person’s registration in accord- tice and an opportunity for a proceeding, has tion of drivers, or holds itself out to the pub- ance with section 13905 or 31134; and 1 or more features that correspond closely lic as a charter bus company; but

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AUTHORITY TO DISQUALIFY FOREIGN nationally recognized standards organiza- (a) IN GENERAL.—Not later than 18 months COMMERCIAL DRIVERS. tion; and after the date of enactment of this Act, the Section 31310 is amended by adding at the ‘‘(D) identifying each driver subject to the Secretary shall conduct a comprehensive end the following: hours of service and record of duty status re- analysis on the need for crashworthiness ‘‘(k) FOREIGN COMMERCIAL DRIVERS.—A for- quirements under part 395 of title 49, Code of standards on property-carrying commercial eign commercial driver shall be subject to Federal Regulations. motor vehicles with a gross vehicle weight disqualification under this section.’’. ‘‘(c) CERTIFICATION CRITERIA.— rating or gross vehicle weight of at least SEC. 32207. REVOCATION OF FOREIGN MOTOR ‘‘(1) IN GENERAL.—The regulations pre- 26,001 pounds involved in interstate com- CARRIER OPERATING AUTHORITY scribed by the Secretary under this section merce, including an evaluation of the need FOR FAILURE TO PAY CIVIL PEN- shall establish the criteria and a process for ALTIES. for roof strength, pillar strength, air bags, Section 13905(d)(2), as amended by section the certification of an electronic on-board and frontal and back wall standards. 32103(a) of this Act, is amended by inserting recording device to ensure that the device (b) REPORT.—Not later than 90 days after meets the performance requirements under completing the comprehensive analysis ‘‘foreign motor carrier, foreign motor pri- vate carrier,’’ after ‘‘registration of a motor this section. under subsection (a), the Secretary shall re- carrier,’’ each place it appears. ‘‘(2) EFFECT OF NONCERTIFICATION.—An port the results of the analysis and any rec- electronic on-board recording device that is Subtitle C—Driver Safety ommendations to the Committee on Com- not certified in accordance with the certifi- merce, Science, and Transportation of the SEC. 32301. ELECTRONIC ON-BOARD RECORDING cation process referred to in paragraph (1) DEVICES. Senate and the Committee on Transpor- shall not be acceptable evidence of hours of (a) GENERAL AUTHORITY.—Section 31137 is tation and Infrastructure of the House of service and record of duty status require- amended— Representatives. ments under part 395 of title 49, Code of Fed- (1) by amending the section heading to SEC. 32204. CANADIAN SAFETY RATING RECI- eral Regulations. read as follows: PROCITY. ‘‘(d) ELECTRONIC ON-BOARD RECORDING DE- Section 31144 is amended by adding at the ‘‘§ 31137. Electronic on-board recording de- VICE DEFINED.—In this section, the term end the following: vices and brake maintenance regulations’’; ‘electronic on-board recording device’ means ‘‘(h) RECOGNITION OF CANADIAN MOTOR CAR- (2) by redesignating subsection (b) as sub- an electronic device that— RIER SAFETY FITNESS DETERMINATIONS.— section (e); and ‘‘(1) is capable of recording a driver’s hours ‘‘(1) If an authorized agency of the Cana- (3) by amending (a) to read as follows: of service and duty status accurately and dian federal government or a Canadian Ter- ‘‘(a) ELECTRONIC ON-BOARD RECORDING DE- automatically; and ritorial or Provincial government deter- VICES.—Not later than 1 year after the date ‘‘(2) meets the requirements established by mines, by applying the procedure and stand- of enactment of the Commercial Motor Vehi- the Secretary through regulation.’’. ards prescribed by the Secretary under sub- cle Safety Enhancement Act of 2012, the Sec- (b) CIVIL PENALTIES.—Section 30165(a)(1) is section (b) or pursuant to an agreement retary of Transportation shall prescribe reg- amended by striking ‘‘or 30141 through 30147’’ under paragraph (2), that a Canadian em- ulations— and inserting ‘‘30141 through 30147, or 31137’’. ployer is unfit and prohibits the employer ‘‘(1) requiring a commercial motor vehicle (c) CONFORMING AMENDMENT.—The analysis from operating a commercial motor vehicle involved in interstate commerce and oper- for chapter 311 is amended by striking the in Canada or any Canadian Province, the ated by a driver subject to the hours of serv- item relating to section 31137 and inserting Secretary may prohibit the employer from ice and the record of duty status require- the following: operating such vehicle in interstate and for- ments under part 395 of title 49, Code of Fed- ‘‘31137. Electronic on-board recording devices eign commerce until the authorized Cana- eral Regulations, be equipped with an elec- and brake maintenance regula- dian agency determines that the employer is tronic on-board recording device to improve tions.’’. fit. compliance by an operator of a vehicle with ‘‘(2) The Secretary may consult and par- hours of service regulations prescribed by SEC. 32302. SAFETY FITNESS. ticipate in negotiations with authorized offi- the Secretary; and (a) SAFETY FITNESS RATING METHOD- cials of the Canadian federal government or ‘‘(2) ensuring that an electronic on-board OLOGY.—The Secretary shall— a Canadian Territorial or Provincial govern- recording device is not used to harass a vehi- (1) incorporate into its Compliance, Safety, ment, as necessary, to provide reciprocal cle operator. Accountability program a safety fitness rat- recognition of each country’s motor carrier ‘‘(b) ELECTRONIC ON-BOARD RECORDING DE- ing methodology that assigns sufficient safety fitness determinations. An agreement VICE REQUIREMENTS.— weight to adverse vehicle and driver per- shall provide, to the maximum extent prac- ‘‘(1) IN GENERAL.—The regulations pre- formance based-data that elevate crash risks ticable, that each country will follow the scribed under subsection (a) shall— to warrant an unsatisfactory rating for a procedure and standards prescribed by the ‘‘(A) require an electronic on-board record- carrier; and Secretary under subsection (b) in making ing device— (2) ensure that the data to support such as- motor carrier safety fitness determina- ‘‘(i) to accurately record commercial driv- sessments is accurate. tions.’’. er hours of service; (b) INTERIM MEASURES.—Not later than March 31, 2012, the Secretary shall take in- SEC. 32205. STATE REPORTING OF FOREIGN COM- ‘‘(ii) to record the location of a commercial MERCIAL DRIVER CONVICTIONS. motor vehicle; terim measures to implement a similar safe- (a) DEFINITION OF FOREIGN COMMERCIAL ‘‘(iii) to be tamper resistant; and ty fitness rating methodology in its current DRIVER.—Section 31301 is amended— ‘‘(iv) to be integrally synchronized with an safety rating system if the Compliance, Safe- (1) by redesignating paragraphs (10) engine’s control module; ty, Accountability program is not fully im- through (14) as paragraphs (11) through (15), ‘‘(B) allow law enforcement to access the plemented. respectively; and data contained in the device during a road- SEC. 32303. DRIVER MEDICAL QUALIFICATIONS. (2) by inserting after paragraph (9) the fol- side inspection; and (a) DEADLINE FOR ESTABLISHMENT OF NA- lowing: ‘‘(C) apply to a commercial motor vehicle TIONAL REGISTRY OF MEDICAL EXAMINERS.— ‘‘(10) ‘foreign commercial driver’ means an beginning on the date that is 2 years after Not later than 1 year after the date of enact- individual licensed to operate a commercial the date that the regulations are published ment of this Act, the Secretary shall estab- motor vehicle by an authority outside the as a final rule. lish a national registry of medical examiners United States, or a citizen of a foreign coun- ‘‘(2) PERFORMANCE AND DESIGN STAND- in accordance with section 31149(d)(1) of title try who operates a commercial motor vehi- ARDS.—The regulations prescribed under sub- 49, United States Code. cle in the United States.’’. section (a) shall establish performance (b) EXAMINATION REQUIREMENT FOR NA- (b) STATE REPORTING OF CONVICTIONS.—Sec- standards— TIONAL REGISTRY OF MEDICAL EXAMINERS.— tion 31311(a) is amended by adding after ‘‘(A) defining a standardized user interface Section 31149(c)(1)(D) is amended to read as paragraph (21) the following: to aid vehicle operator compliance and law follows: ‘‘(22) The State shall report a conviction of enforcement review; ‘‘(D) not later than 1 year after enactment a foreign commercial driver by that State to ‘‘(B) establishing a secure process for of the Commercial Motor Vehicle Safety En- the Federal Convictions and Withdrawal standardized— hancement Act of 2012, develop requirements Database, or another information system ‘‘(i) and unique vehicle operator identifica- for a medical examiner to be listed in the na- designated by the Secretary to record the tion; tional registry under this section, includ- convictions. A report shall include— ‘‘(ii) data access; ing— ‘‘(A) for a driver holding a foreign commer- ‘‘(iii) data transfer for vehicle operators ‘‘(i) the completion of specific courses and cial driver’s license— between motor vehicles; materials; ‘‘(i) each conviction relating to the oper- ‘‘(iv) data storage for a motor carrier; and ‘‘(ii) certification, including self-certifi- ation of a commercial motor vehicle; and ‘‘(v) data transfer and transportability for cation, if the Secretary determines that self- ‘‘(ii) a non-commercial motor vehicle; and law enforcement officials; certification is necessary for sufficient par- ‘‘(B) for an unlicensed driver or a driver ‘‘(C) establishing a standard security level ticipation in the national registry, to verify holding a foreign non-commercial driver’s li- for an electronic on-board recording device that a medical examiner completed specific

VerDate Mar 15 2010 01:58 Mar 08, 2012 Jkt 099060 PO 00000 Frm 00100 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S17FE2.REC S17FE2 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 17, 2012 CONGRESSIONAL RECORD — SENATE S979 training, including refresher courses, that commercial driver’s license or permit during ‘‘(B) must be acquired before obtaining a the Secretary determines necessary to be such time period; commercial driver’s license for the first time listed in the national registry; ‘‘(B) by receiving occurrence-based reports or upgrading from one class of commercial ‘‘(iii) an examination that requires a pass- of changes in the status of a driver’s record driver’s license to another class; ing grade; and from 1 or more driver record notification ‘‘(2) addressing the specific training needs ‘‘(iv) demonstration of a medical exam- systems that meet minimum standards of a commercial motor vehicle operator iner’s willingness to meet the reporting re- issued by the Secretary; or seeking passenger or hazardous materials en- quirements established by the Secretary;’’. ‘‘(C) by a combination of inquiries to dorsements, including for an operator seek- (c) ADDITIONAL OVERSIGHT OF LICENSING States and reports from driver record notifi- ing a passenger endorsement training— AUTHORITIES.— cation systems. ‘‘(A) to suppress motorcoach fires; and (1) IN GENERAL.—Section 31149(c)(1) is ‘‘(2) RECORD KEEPING.—A copy of the re- ‘‘(B) to evacuate passengers from amended— ports received under paragraph (1) shall be motorcoaches safely; (A) in subparagraph (E), by striking ‘‘and’’ maintained in the driver’s qualification file. ‘‘(3) requiring effective instruction to ac- after the semicolon; ‘‘(3) EXCEPTIONS TO RECORD REVIEW RE- quire the knowledge, skills, and training re- (B) in subparagraph (F), by striking the pe- QUIREMENT.—Paragraph (1) shall not apply to ferred to in paragraphs (1) and (2), including riod at the end and inserting ‘‘; and’’; and a driver employed by an employer who, in classroom and behind-the-wheel instruction; (C) by adding at the end the following: any 7-day period, is employed or used as a ‘‘(4) requiring certification that an indi- ‘‘(G) annually review the implementation driver by more than 1 employer— vidual operating a commercial motor vehicle of commercial driver’s license requirements ‘‘(A) if the employer obtains the driver’s meets the requirements established by the by not fewer than 10 States to assess the ac- identification number, type, and issuing Secretary; and curacy, validity, and timeliness of— State of the driver’s commercial motor vehi- ‘‘(5) requiring a training provider (includ- ‘‘(i) the submission of physical examina- cle license; or ing a public or private driving school, motor tion reports and medical certificates to ‘‘(B) if the information described in sub- carrier, or owner or operator of a commer- State licensing agencies; and paragraph (A) is furnished by another em- cial motor vehicle) that offers training that ‘‘(ii) the processing of the submissions by ployer and the employer that regularly em- results in the issuance of a certification to State licensing agencies.’’. ploys the driver meets the other require- an individual under paragraph (4) to dem- (2) INTERNAL OVERSIGHT POLICY.— ments under this section. onstrate that the training meets the require- (A) IN GENERAL.—Not later than 2 years ‘‘(4) DRIVER RECORD NOTIFICATION SYSTEM ments of the regulations, through a process after the date of enactment of this Act, the DEFINED.—In this section, the term ‘driver established by the Secretary.’’. Secretary shall establish an oversight policy record notification system’ means a system (b) COMMERCIAL DRIVER’S LICENSE UNIFORM and procedure to carry out section that automatically furnishes an employer STANDARDS.—Section 31308(1) is amended to 31149(c)(1)(G) of title 49, United States Code, with a report, generated by the appropriate read as follows: as added by section 32303(c)(1) of this Act. agency of a State, on the change in the sta- ‘‘(1) an individual issued a commercial (B) EFFECTIVE DATE.—The amendments tus of an employee’s driver’s license due to a driver’s license— made by section 32303(c)(1) of this Act shall conviction for a moving violation, a failure ‘‘(A) pass written and driving tests for the take effect on the date the oversight policies to appear, an accident, driver’s license sus- operation of a commercial motor vehicle and procedures are established pursuant to pension, driver’s license revocation, or any that comply with the minimum standards subparagraph (A). other action taken against the driving privi- prescribed by the Secretary under section (d) ELECTRONIC FILING OF MEDICAL EXAM- lege.’’. 31305(a); and INATION CERTIFICATES.—Section 31311(a), as (b) STANDARDS FOR DRIVER RECORD NOTIFI- ‘‘(B) present certification of completion of amended by sections 32205(b) and 32306(b) of CATION SYSTEMS.—Not later than 1 year after driver training that meets the requirements this Act, is amended by adding at the end the date of enactment of this Act, the Sec- established by the Secretary under section the following: retary shall issue minimum standards for 31305(c);’’. ‘‘(24) Not later than 1 year after the date of driver notification systems, including stand- (c) CONFORMING AMENDMENT.—The section enactment of the Commercial Motor Vehicle ards for the accuracy, consistency, and com- heading for section 31305 is amended to read Safety Enhancement Act of 2012, the State pleteness of the information provided. as follows: shall establish and maintain, as part of its (c) PLAN FOR NATIONAL NOTIFICATION SYS- ‘‘§ 31305. General driver fitness, testing, and driver information system, the capability to TEM.— training’’. receive an electronic copy of a medical ex- (1) DEVELOPMENT.—Not later than 2 years (d) CONFORMING AMENDMENT.—The analysis aminer’s certificate, from a certified medical after the date of enactment of this Act, the for chapter 313 is amended by striking the examiner, for each holder of a commercial Secretary shall develop recommendations item relating to section 31305 and inserting driver’s license issued by the State who oper- and a plan for the development and imple- the following: ates or intends to operate in interstate com- mentation of a national driver record notifi- ‘‘31305. General driver fitness, testing, and merce.’’. cation system, including— (e) FUNDING.— training.’’. (A) an assessment of the merits of achiev- (1) AUTHORIZATION OF APPROPRIATIONS.—Of SEC. 32306. COMMERCIAL DRIVER’S LICENSE ing a national system by expanding the Com- the funds provided for Data and Technology PROGRAM. mercial Driver’s License Information Sys- Grants under section 31104(a) of title 49, (a) IN GENERAL.—Section 31309 is amend- tem; and United States Code, there are authorized to ed— (B) an estimate of the fees that an em- be appropriated from the Highway Trust (1) in subsection (e)(4), by amending sub- ployer will be charged to offset the operating Fund (other than the Mass Transit Account) paragraph (A) to read as follows: costs of the national system. for the Secretary to make grants to States ‘‘(A) IN GENERAL.—The plan shall specify— (2) SUBMISSION TO CONGRESS.—Not later or an organization representing agencies and ‘‘(i) a date by which all States shall be op- than 90 days after the recommendations and officials of the States to support develop- erating commercial driver’s license informa- plan are developed under paragraph (1), the ment costs of the information technology tion systems that are compatible with the Secretary shall submit a report on the rec- needed to carry out section 31311(a)(24) of modernized information system under this ommendations and plan to the Committee on title 49, United States Code, up to $1 million section; and Commerce, Science, and Transportation of for fiscal year 2012 and up to $1 million for ‘‘(ii) that States must use the systems to the Senate and the Committee on Transpor- fiscal year 2013. receive and submit conviction and disquali- tation and Infrastructure of the House of (2) PERIOD OF AVAILABILITY.—The amounts fication data.’’; and Representatives. made available under this subsection shall (2) in subsection (f), by striking ‘‘use’’ and remain available until expended. SEC. 32305. COMMERCIAL MOTOR VEHICLE OPER- inserting ‘‘use, subject to section 31313(a),’’. ATOR TRAINING. SEC. 32304. COMMERCIAL DRIVER’S LICENSE NO- (b) REQUIREMENTS FOR STATE PARTICIPA- TIFICATION SYSTEM. (a) IN GENERAL.—Section 31305 is amended TION.—Section 31311 is amended— (a) IN GENERAL.—Section 31304 is amend- by adding at the end the following: (1) in subsection (a), as amended by section ed— ‘‘(c) STANDARDS FOR TRAINING.—Not later 32205(b) of this Act— (1) by striking ‘‘An employer’’ and insert- than 6 months after the date of enactment of (A) in paragraph (5), by striking ‘‘At least’’ ing the following: the Commercial Motor Vehicle Safety En- and all that follows through ‘‘regulation),’’ ‘‘(a) IN GENERAL.—An employer’’; and hancement Act of 2012, the Secretary shall and inserting: ‘‘Not later than the time pe- (2) by adding at the end the following: issue final regulations establishing min- riod prescribed by the Secretary by regula- ‘‘(b) DRIVER VIOLATION RECORDS.— imum entry-level training requirements for tion,’’; and ‘‘(1) PERIODIC REVIEW.—Except as provided an individual operating a commercial motor (B) by adding at the end the following: in paragraph (3), an employer shall ascertain vehicle— ‘‘(23) Not later than 1 year after the date of the driving record of each driver it em- ‘‘(1) addressing the knowledge and skills enactment of the Commercial Motor Vehicle ploys— that— Safety Enhancement Act of 2012, the State ‘‘(A) by making an inquiry at least once ‘‘(A) are necessary for an individual oper- shall implement a system and practices for every 12 months to the appropriate State ating a commercial motor vehicle to safely the exclusive electronic exchange of driver agency in which the driver held or holds a operate a commercial motor vehicle; and history record information on the system

VerDate Mar 15 2010 01:58 Mar 08, 2012 Jkt 099060 PO 00000 Frm 00101 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S17FE2.REC S17FE2 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S980 CONGRESSIONAL RECORD — SENATE February 17, 2012 the Secretary maintains under section 31309, ‘‘(2) make the results of the comparison 31309(b)(1)(F) is amended by inserting after including the posting of convictions, with- available to the public.’’. ‘‘disqualified’’ the following: ‘‘by the State drawals, and disqualifications.’’; and (c) DECERTIFICATION AUTHORITY.—Section that issued the individual a commercial driv- (2) by adding at the end the following: 31312 is amended— er’s license, or by the Secretary,’’. ‘‘(d) CRITICAL REQUIREMENTS.— (1) by redesignating subsections (b) and (c) (c) STATE ACTION ON FEDERAL DISQUALI- ‘‘(1) IDENTIFICATION OF CRITICAL REQUIRE- as subsections (c) and (d), respectively; and FICATION.—Section 31310(h) is amended by in- MENTS.—After reviewing the requirements (2) by inserting after subsection (a) the fol- serting after the first sentence the following: under subsection (a), including the regula- lowing: ‘‘If the State has not disqualified the indi- tions issued pursuant to subsection (a) and ‘‘(b) DEADLINE FOR COMPLIANCE WITH CRIT- vidual from operating a commercial vehicle section 31309(e)(4), the Secretary shall iden- ICAL REQUIREMENTS.—Beginning on October under subsections (b) through (g), the State tify the requirements that are critical to an 1, 2016, in making a determination under sub- shall disqualify the individual if the Sec- effective State commercial driver’s license section (a), the Secretary shall consider a retary determines under section 31144(g) that program. State to be in substantial noncompliance the individual is disqualified from operating ‘‘(2) GUIDANCE.—Not later than 180 days with this chapter if the Secretary deter- a commercial motor vehicle.’’. after the date of enactment of the Commer- mines that— SEC. 32311. EMPLOYER RESPONSIBILITIES. cial Motor Vehicle Safety Enhancement Act ‘‘(1) the State is not complying with a crit- Section 31304, as amended by section 32304 of 2012, the Secretary shall issue guidance to ical requirement under section 31311(d)(1); of this Act, is amended in subsection (a)— assist States in complying with the critical and (1) by striking ‘‘knowingly’’; and requirements identified under paragraph (1). ‘‘(2) sufficient grant funding was made (2) by striking ‘‘in which’’ and inserting The guidance shall include a description of available to the State under section 31313(a) ‘‘that the employer knows or should reason- the actions that each State must take to col- to comply with the requirement.’’. ably know that’’. lect and share accurate and complete data in SEC. 32307. COMMERCIAL DRIVER’S LICENSE RE- Subtitle D—Safe Roads Act of 2012 a timely manner. QUIREMENTS. (a) LICENSING STANDARDS.—Section SEC. 32401. SHORT TITLE. ‘‘(e) STATE COMMERCIAL DRIVER’S LICENSE 31305(a)(7) is amended by inserting ‘‘would PROGRAM PLAN.— This subtitle may be cited as the ‘‘Safe not be subject to a disqualification under ‘‘(1) IN GENERAL.—Not later than 180 days Roads Act of 2012’’. after the Secretary issues guidance under section 31310(g) of this title and’’ after ‘‘tak- SEC. 32402. NATIONAL CLEARINGHOUSE FOR subsection (d)(2), a State shall submit a plan ing the tests’’. CONTROLLED SUBSTANCE AND AL- (b) DISQUALIFICATIONS.—Section 31310(g)(1) to the Secretary for complying with the re- COHOL TEST RESULTS OF COMMER- is amended by deleting ‘‘who holds a com- CIAL MOTOR VEHICLE OPERATORS. quirements under this section during the pe- mercial driver’s license and’’. riod beginning on the date the plan is sub- (a) IN GENERAL.—Chapter 313 is amended— mitted and ending on September 30, 2016. SEC. 32308. COMMERCIAL MOTOR VEHICLE DRIV- (1) in section 31306(a), by inserting ‘‘and ER INFORMATION SYSTEMS. section 31306a’’ after ‘‘this section’’; and ‘‘(2) CONTENTS.—A plan submitted by a Section 31106(c) is amended— State under paragraph (1) shall identify— (2) by inserting after section 31306 the fol- (1) by striking the subsection heading and ‘‘(A) the actions that the State will take to lowing: inserting ‘‘(1) IN GENERAL.—’’; comply with the critical requirements iden- ‘‘§ 31306a. National clearinghouse for con- (2) by redesignating paragraphs (1) through tified under subsection (d)(1); trolled substance and alcohol test results of (4) as subparagraphs (A) through (D); and ‘‘(B) the actions that the State will take to commercial motor vehicle operators (3) by adding at the end the following: address any deficiencies in the State’s com- ‘‘(a) ESTABLISHMENT.— ‘‘(2) ACCESS TO RECORDS.—The Secretary mercial driver’s license program, as identi- may require a State, as a condition of an ‘‘(1) IN GENERAL.—Not later than 2 years fied by the Secretary in the most recent award of grant money under this section, to after the date of enactment of the Safe audit of the program; and provide the Secretary access to all State li- Roads Act of 2012, the Secretary of Transpor- ‘‘(C) other actions that the State will take censing status and driver history records via tation shall establish a national clearing- to comply with the requirements under sub- an electronic information system, subject to house for records relating to alcohol and section (a). section 2721 of title 18.’’. controlled substances testing of commercial ‘‘(3) PRIORITY.— motor vehicle operators. SEC. 32309. DISQUALIFICATIONS BASED ON NON- ‘‘(A) IMPLEMENTATION SCHEDULE.—A plan COMMERCIAL MOTOR VEHICLE OP- ‘‘(2) PURPOSES.—The purposes of the clear- submitted by a State under paragraph (1) ERATIONS. inghouse shall be— shall include a schedule for the implementa- (a) FIRST OFFENSE.—Section 31310(b)(1)(D) ‘‘(A) to improve compliance with the De- tion of the actions identified under para- is amended by deleting ‘‘commercial’’ after partment of Transportation’s alcohol and graph (2). In establishing the schedule, the ‘‘revoked, suspended, or canceled based on controlled substances testing program appli- State shall prioritize the actions identified the individual’s operation of a,’’ and before cable to commercial motor vehicle opera- under paragraphs (2)(A) and (2)(B). ‘‘motor vehicle’’. tors; ‘‘(B) DEADLINE FOR COMPLIANCE WITH CRIT- (b) SECOND OFFENSE.—Section 31310(c)(1)(D) ‘‘(B) to facilitate access to information ICAL REQUIREMENTS.—A plan submitted by a is amended by deleting ‘‘commercial’’ after about an individual before employing the in- State under paragraph (1) shall include as- ‘‘revoked, suspended, or canceled based on dividual as a commercial motor vehicle oper- surances that the State will take the nec- the individual’s operation of a,’’ and before ator; essary actions to comply with the critical re- ‘‘motor vehicle’’. ‘‘(C) to enhance the safety of our United quirements pursuant to subsection (d) not SEC. 32310. FEDERAL DRIVER DISQUALIFICA- States roadways by reducing accident fatali- later than September 30, 2015. TIONS. ties involving commercial motor vehicles; ‘‘(4) APPROVAL AND DISAPPROVAL.—The Sec- (a) DISQUALIFICATION DEFINED.—Section and retary shall— 31301, as amended by section 32205 of this ‘‘(D) to reduce the number of impaired ‘‘(A) review each plan submitted under Act, is amended— commercial motor vehicle operators. paragraph (1); (1) by redesignating paragraphs (6) through ‘‘(3) CONTENTS.—The clearinghouse shall ‘‘(B) approve a plan that the Secretary de- (15) as paragraphs (7) through (16), respec- function as a repository for records relating termines meets the requirements under this tively; and to the positive test results and test refusals subsection and promotes the goals of this (2) by inserting after paragraph (5) the fol- of commercial motor vehicle operators and chapter; and lowing: violations by such operators of prohibitions ‘‘(C) disapprove a plan that the Secretary ‘‘(6) ‘Disqualification’ means— set forth in subpart B of part 382 of title 49, determines does not meet the requirements ‘‘(A) the suspension, revocation, or can- Code of Federal Regulations (or any subse- or does not promote the goals. cellation of a commercial driver’s license by quent corresponding regulations). ‘‘(5) MODIFICATION OF DISAPPROVED PLANS.— the State of issuance; ‘‘(4) ELECTRONIC EXCHANGE OF RECORDS.— If the Secretary disapproves a plan under ‘‘(B) a withdrawal of an individual’s privi- The Secretary shall ensure that records can paragraph (4)(C), the Secretary shall— lege to drive a commercial motor vehicle by be electronically submitted to, and re- ‘‘(A) provide a written explanation of the a State or other jurisdiction as the result of quested from, the clearinghouse by author- disapproval to the State; and a violation of State or local law relating to ized users. ‘‘(B) allow the State to modify the plan motor vehicle traffic control, except for a ‘‘(5) AUTHORIZED OPERATOR.—The Secretary and resubmit it for approval. parking, vehicle weight, or vehicle defect may authorize a qualified and experienced ‘‘(6) PLAN UPDATES.—The Secretary may violation; private entity to operate and maintain the require a State to review and update a plan, ‘‘(C) a determination by the Secretary that clearinghouse and to collect fees on behalf of as appropriate. an individual is not qualified to operate a the Secretary under subsection (e). The enti- ‘‘(f) ANNUAL COMPARISON OF STATE LEVELS commercial motor vehicle; or ty shall establish, operate, maintain and ex- OF COMPLIANCE.—The Secretary shall annu- ‘‘(D) a determination by the Secretary that pand the clearinghouse and permit access to ally— a commercial motor vehicle driver is unfit driver information and records from the ‘‘(1) compare the relative levels of compli- under section 31144(g).’’. clearinghouse in accordance with this sec- ance by States with the requirements under (b) COMMERCIAL DRIVER’S LICENSE INFOR- tion. subsection (a); and MATION SYSTEM CONTENTS.—Section ‘‘(b) DESIGN OF CLEARINGHOUSE.—

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‘‘(1) USE OF FEDERAL MOTOR CARRIER SAFE- ‘‘(II) the Commercial Driver’s License In- quired return-to-duty process under title 49, TY ADMINISTRATION RECOMMENDATIONS.—In formation System established under section Code of Federal Regulations; and establishing the clearinghouse, the Sec- 31309; ‘‘(C) did not violate any other provision of retary shall consider— ‘‘(III) the Motor Carrier Management In- subpart B of part 382 of title 49, Code of Fed- ‘‘(A) the findings and recommendations formation System for preemployment eral Regulations (or any subsequent cor- contained in the Federal Motor Carrier Safe- screening services under section 31150; and responding regulations). ty Administration’s March 2004 report to ‘‘(IV) other data systems, as appropriate; ‘‘(4) ANNUAL REVIEW.—Beginning 30 days Congress required under section 226 of the and after the date that the clearinghouse is es- Motor Carrier Safety Improvement Act of ‘‘(ii) any change to the administration of tablished under subsection (a), an employer 1999 (49 U.S.C. 31306 note); and the current testing program, such as forms, shall request and review a commercial motor ‘‘(B) the findings and recommendations that is necessary to collect data for the vehicle operator’s record from the clearing- contained in the Government Accountability clearinghouse. house annually for as long as the commercial ‘‘(c) STANDARD FORMATS.—The Secretary Office’s May 2008 report to Congress entitled motor vehicle operator is under the employ shall develop standard formats to be used— of the employer. ‘Motor Carrier Safety: Improvements to ‘‘(1) by an authorized user of the clearing- ‘‘(g) REPORTING OF RECORDS.— Drug Testing Programs Could Better Iden- house to— ‘‘(1) IN GENERAL.—Beginning 30 days after tify Illegal Drug Users and Keep Them off ‘‘(A) request a record from the clearing- the Road.’. the date that the clearinghouse is estab- house; and lished under subsection (a), a medical review ‘‘(2) DEVELOPMENT OF SECURE PROCESSES.— ‘‘(B) obtain the consent of an individual officer, employer, service agent, and other In establishing the clearinghouse, the Sec- who is the subject of a request from the appropriate person, as determined by the retary shall develop a secure process for— clearinghouse, if applicable; and Secretary, shall promptly submit to the Sec- ‘‘(A) administering and managing the ‘‘(2) to notify an individual that a positive retary any record generated after the clear- clearinghouse in compliance with applicable alcohol or controlled substances test result, inghouse is initiated of an individual who— Federal security standards; refusing to test, and a violation of any of the ‘‘(A) refuses to take an alcohol or con- ‘‘(B) registering and authenticating au- prohibitions under subpart B of part 382 of trolled substances test required under title thorized users of the clearinghouse; title 49, Code of Federal Regulations (or any 49, Code of Federal Regulations; ‘‘(C) registering and authenticating per- subsequent corresponding regulations), will ‘‘(B) tests positive for alcohol or a con- sons required to report to the clearinghouse be reported to the clearinghouse. trolled substance in violation of the regula- under subsection (g); ‘‘(d) PRIVACY.—A release of information ‘‘(D) preventing the unauthorized access of from the clearinghouse shall— tions; or information from the clearinghouse; ‘‘(1) comply with applicable Federal pri- ‘‘(C) violates any other provision of sub- ‘‘(E) storing and transmitting data; vacy laws, including the fair information part B of part 382 of title 49, Code of Federal Regulations (or any subsequent cor- ‘‘(F) persons required to report to the practices under the Privacy Act of 1974 (5 responding regulations). clearinghouse under subsection (g) to timely U.S.C. 552a); ‘‘(2) INCLUSION OF RECORDS IN CLEARING- and accurately submit electronic data to the ‘‘(2) comply with applicable sections of the HOUSE.—The Secretary shall include in the clearinghouse; Fair Credit Reporting Act (15 U.S.C. 1681 et clearinghouse the records of positive test re- ‘‘(G) generating timely and accurate re- seq.); and sults and test refusals received under para- ports from the clearinghouse in response to ‘‘(3) not be made to any person or entity graph (1). requests for information by authorized users; unless expressly authorized or required by ‘‘(3) MODIFICATIONS AND DELETIONS.—If the and law. Secretary determines that a record con- ‘‘(H) updating an individual’s record upon ‘‘(e) FEES.— tained in the clearinghouse is not accurate, completion of the return-to-duty process de- ‘‘(1) AUTHORITY TO COLLECT FEES.—Except as provided under paragraph (3), the Sec- the Secretary shall modify or delete the scribed in title 49, Code of Federal Regula- record, as appropriate. tions. retary may collect a reasonable, customary, and nominal fee from an authorized user of ‘‘(4) NOTIFICATION.—The Secretary shall ex- ‘‘(3) EMPLOYER ALERT OF POSITIVE TEST RE- the clearinghouse for a request for informa- peditiously notify an individual, unless such SULT.—In establishing the clearinghouse, the tion from the clearinghouse. notification would be duplicative, when— Secretary shall develop a secure method for ‘‘(A) a record relating to the individual is electronically notifying an employer of each ‘‘(2) USE OF FEES.—Fees collected under this subsection shall be used for the oper- received by the clearinghouse; additional positive test result or other non- ‘‘(B) a record in the clearinghouse relating compliance— ation and maintenance of the clearinghouse. ‘‘(3) LIMITATION.—The Secretary may not to the individual is modified or deleted, and ‘‘(A) for an employee, that is entered into collect a fee from an individual requesting include in the notification the reason for the the clearinghouse during the 7-day period information from the clearinghouse that per- modification or deletion; or immediately following an employer’s inquiry tains to the record of that individual. ‘‘(C) a record in the clearinghouse relating about the employee; and ‘‘(f) EMPLOYER REQUIREMENTS.— to the individual is released to an employer ‘‘(B) for an employee who is listed as hav- ‘‘(1) DETERMINATION CONCERNING USE OF and specify the reason for the release. ing multiple employers. CLEARINGHOUSE.—The Secretary shall deter- ‘‘(5) DATA QUALITY AND SECURITY STAND- ‘‘(4) ARCHIVE CAPABILITY.—In establishing mine if an employer is authorized to use the ARDS FOR REPORTING AND RELEASING.—The the clearinghouse, the Secretary shall de- clearinghouse to meet the alcohol and con- Secretary may establish additional require- velop a process for archiving all clearing- trolled substances testing requirements ments, as appropriate, to ensure that— house records, including the depositing of under title 49, Code of Federal Regulations. ‘‘(A) the submission of records to the clear- personal records, records relating to each in- ‘‘(2) APPLICABILITY OF EXISTING REQUIRE- inghouse is timely and accurate; dividual in the database, and access requests MENTS.—Each employer and service agent ‘‘(B) the release of data from the clearing- for personal records, for the purposes of— shall comply with the alcohol and controlled house is timely, accurate, and released to ‘‘(A) auditing and evaluating the timeli- substances testing requirements under title the appropriate authorized user under this ness, accuracy, and completeness of data in 49, Code of Federal Regulations. section; and the clearinghouse; and ‘‘(3) EMPLOYMENT PROHIBITIONS.—Beginning ‘‘(C) an individual with a record in the ‘‘(B) auditing to monitor compliance and 30 days after the date that the clearinghouse clearinghouse has a cause of action for any enforce penalties for noncompliance. is established under subsection (a), an em- inappropriate use of information included in ‘‘(5) FUTURE NEEDS.— ployer shall not hire an individual to operate the clearinghouse. ‘‘(A) INTEROPERABILITY WITH OTHER DATA a commercial motor vehicle unless the em- ‘‘(6) RETENTION OF RECORDS.—The Sec- SYSTEMS.—In establishing the clearinghouse, ployer determines that the individual, dur- retary shall— the Secretary shall consider— ing the preceding 3-year period— ‘‘(A) retain a record submitted to the ‘‘(i) the existing data systems containing ‘‘(A) if tested for the use of alcohol and clearinghouse for a 5-year period beginning regulatory and safety data for commercial controlled substances, as required under title on the date the record is submitted; motor vehicle operators; 49, Code of Federal Regulations— ‘‘(B) remove the record from the clearing- ‘‘(ii) the efficacy of using or combining ‘‘(i) did not test positive for the use of al- house at the end of the 5-year period, unless clearinghouse data with 1 or more of such cohol or controlled substances in violation of the individual fails to meet a return-to-duty systems; and the regulations; or or follow-up requirement under title 49, Code ‘‘(iii) the potential interoperability of the ‘‘(ii) tested positive for the use of alcohol of Federal Regulations; and clearinghouse with such systems. or controlled substances and completed the ‘‘(C) retain a record after the end of the 5- ‘‘(B) SPECIFIC CONSIDERATIONS.—In carrying required return-to-duty process under title year period in a separate location for out subparagraph (A), the Secretary shall de- 49, Code of Federal Regulations; archiving and auditing purposes. termine— ‘‘(B)(i) did not refuse to take an alcohol or ‘‘(h) AUTHORIZED USERS.— ‘‘(i) the clearinghouse’s capability for controlled substance test under title 49, Code ‘‘(1) EMPLOYERS.—The Secretary shall es- interoperability with— of Federal Regulations; or tablish a process for an employer to request ‘‘(I) the National Driver Register estab- ‘‘(ii) refused to take an alcohol or con- and receive an individual’s record from the lished under section 30302; trolled substance test and completed the re- clearinghouse.

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‘‘(A) CONSENT.—An employer may not ac- ‘‘(i) protect the privacy of the individual ator’s commercial driver’s license or driving cess an individual’s record from the clearing- and the confidentiality of the record; and record as a result of the driver’s— house unless the employer— ‘‘(ii) unless the official determines that the ‘‘(A) verified positive alcohol or drug test ‘‘(i) obtains the prior written or electronic information in the individual’s record should result; consent of the individual for access to the be reported under section 1131(e), ensure that ‘‘(B) refusal to provide a specimen for the record; and the information in the record is not divulged test; or ‘‘(ii) submits proof of the individual’s con- to any person that is not directly involved ‘‘(C) other violations of subpart B of part sent to the Secretary. with investigating the accident. 382 of title 49, Code of Federal Regulations ‘‘(B) ACCESS TO RECORDS.—After receiving a ‘‘(4) ADDITIONAL AUTHORIZED USERS.—The (or any subsequent corresponding regula- request from an employer for an individual’s Secretary shall consider whether to grant tions). record under subparagraph (A), the Sec- access to the clearinghouse to additional ‘‘(l) DEFINITIONS.—In this section— retary shall grant access to the individual’s users. The Secretary may authorize access to ‘‘(1) AUTHORIZED USER.—The term ‘author- record to the employer as expeditiously as an individual’s record from the clearing- ized user’ means an employer, State licens- practicable. house to an additional user if the Secretary ing authority, National Transportation Safe- ‘‘(C) RETENTION OF RECORD REQUESTS.—The determines that granting access will further ty Board, or other person granted access to Secretary shall require an employer to re- the purposes under subsection (a)(2). In de- the clearinghouse under subsection (h). tain for a 3-year period— termining whether the access will further ‘‘(2) CHIEF COMMERCIAL DRIVER’S LICENSING ‘‘(i) a record of each request made by the the purposes under subsection (a)(2), the Sec- OFFICIAL.—The term ‘chief commercial driv- employer for records from the clearinghouse; retary shall consider, among other things— er’s licensing official’ means the official in a and ‘‘(A) what use the additional user will State who is authorized to— ‘‘(ii) the information received pursuant to make of the individual’s record; ‘‘(A) maintain a record about commercial the request. ‘‘(B) the costs and benefits of the use; and driver’s licenses issued by the State; and ‘‘(D) USE OF RECORDS.—An employer may ‘‘(C) how to protect the privacy of the indi- ‘‘(B) take action on commercial driver’s li- use an individual’s record received from the vidual and the confidentiality of the record. censes issued by the State. CCESS TO LEARINGHOUSE BY NDIVID clearinghouse only to assess and evaluate ‘‘(i) A C I - ‘‘(3) CLEARINGHOUSE.—The term ‘clearing- the qualifications of the individual to oper- UALS.— house’ means the clearinghouse established ate a commercial motor vehicle for the em- ‘‘(1) IN GENERAL.—The Secretary shall es- under subsection (a). tablish a process for an individual to request ployer. ‘‘(4) COMMERCIAL MOTOR VEHICLE OPER- and receive information from the clearing- ‘‘(E) PROTECTION OF PRIVACY OF INDIVID- ATOR.—The term ‘commercial motor vehicle UALS.—An employer that receives an individ- house— operator’ means an individual who— ‘‘(A) to determine whether the clearing- ual’s record from the clearinghouse under ‘‘(A) possesses a valid commercial driver’s house contains a record pertaining to the in- subparagraph (B) shall— license issued in accordance with section dividual; ‘‘(i) protect the privacy of the individual 31308; and ‘‘(B) to verify the accuracy of a record; and the confidentiality of the record; and ‘‘(B) is subject to controlled substances ‘‘(C) to update an individual’s record, in- ‘‘(ii) ensure that information contained in and alcohol testing under title 49, Code of cluding completing the return-to-duty proc- the record is not divulged to a person or en- Federal Regulations. tity that is not directly involved in assessing ess described in title 49, Code of Federal Reg- ‘‘(5) EMPLOYER.—The term ‘employer’ ulations; and and evaluating the qualifications of the indi- means a person or entity employing, or seek- vidual to operate a commercial motor vehi- ‘‘(D) to determine whether the clearing- ing to employ, 1 or more employees (includ- cle for the employer. house received requests for the individual’s ing an individual who is self-employed) to be ‘‘(2) STATE LICENSING AUTHORITIES.—The information. commercial motor vehicle operators. Secretary shall establish a process for the ‘‘(2) DISPUTE PROCEDURE.—The Secretary ‘‘(6) MEDICAL REVIEW OFFICER.—The term chief commercial driver’s licensing official shall establish a procedure, including an ap- ‘medical review officer’ means a licensed of a State to request and receive an individ- peal process, for an individual to dispute and physician who is responsible for— ual’s record from the clearinghouse if the in- remedy an administrative error in the indi- ‘‘(A) receiving and reviewing a laboratory dividual is applying for a commercial driv- vidual’s record. result generated under the testing program; er’s license from the State. ‘‘(j) PENALTIES.— ‘‘(B) evaluating a medical explanation for ‘‘(A) CONSENT.—The Secretary may grant ‘‘(1) IN GENERAL.—An employer, employee, access to an individual’s record in the clear- medical review officer, or service agent who a controlled substances test under title 49, inghouse under this paragraph without the violates any provision of this section shall be Code of Federal Regulations; and prior written or electronic consent of the in- subject to civil penalties under section ‘‘(C) interpreting the results of a con- dividual. An individual who holds a commer- 521(b)(2)(C) and criminal penalties under sec- trolled substances test. cial driver’s license shall be deemed to con- tion 521(b)(6)(B), and any other applicable ‘‘(7) SECRETARY.—The term ‘Secretary’ sent to such access by obtaining a commer- civil and criminal penalties, as determined means the Secretary of Transportation. cial driver’s license. by the Secretary. ‘‘(8) SERVICE AGENT.—The term ‘service agent’ means a person or entity, other than ‘‘(B) PROTECTION OF PRIVACY OF INDIVID- ‘‘(2) VIOLATION OF PRIVACY.—The Secretary UALS.—A chief commercial driver’s licensing shall establish civil and criminal penalties, an employee of the employer, who provides official of a State that receives an individ- consistent with paragraph (1), for an author- services to employers or employees under ual’s record from the clearinghouse under ized user who violates paragraph (2)(B) or the testing program. this paragraph shall— (3)(B) of subsection (h). ‘‘(9) TESTING PROGRAM.—The term ‘testing ‘‘(i) protect the privacy of the individual ‘‘(k) COMPATIBILITY OF STATE AND LOCAL program’ means the alcohol and controlled and the confidentiality of the record; and LAWS.— substances testing program required under ‘‘(ii) ensure that the information in the ‘‘(1) PREEMPTION.—Except as provided title 49, Code of Federal Regulations.’’. record is not divulged to any person that is under paragraph (2), any law, regulation, (b) CONFORMING AMENDMENT.—The analysis not directly involved in assessing and evalu- order, or other requirement of a State, polit- for chapter 313 is amended by inserting after ating the qualifications of the individual to ical subdivision of a State, or Indian tribe re- the item relating to section 31306 the fol- operate a commercial motor vehicle. lated to a commercial driver’s license holder lowing: ‘‘(3) NATIONAL TRANSPORTATION SAFETY subject to alcohol or controlled substance ‘‘31306a. National clearinghouse for positive BOARD.—The Secretary shall establish a testing under title 49, Code of Federal Regu- controlled substance and alco- process for the National Transportation lations, that is inconsistent with this section hol test results of commercial Safety Board to request and receive an indi- or a regulation issued pursuant to this sec- motor vehicle operators.’’. vidual’s record from the clearinghouse if the tion is preempted. SEC. 32403. DRUG AND ALCOHOL VIOLATION individual is involved in an accident that is ‘‘(2) APPLICABILITY.—The preemption under SANCTIONS. under investigation by the National Trans- paragraph (1) shall include— Chapter 313 is amended— portation Safety Board. ‘‘(A) the reporting of valid positive results (1) by redesignating section 31306(f) as ‘‘(A) CONSENT.—The Secretary may grant from alcohol screening tests and drug tests; 31306(f)(1); and access to an individual’s record in the clear- ‘‘(B) the refusal to provide a specimen for (2) by inserting after section 31306(f)(1) the inghouse under this paragraph without the an alcohol screening test or drug test; and following: prior written or electronic consent of the in- ‘‘(C) other violations of subpart B of part ‘‘(2) ADDITIONAL SANCTIONS.—The Secretary dividual. An individual who holds a commer- 382 of title 49, Code of Federal Regulations may require a State to revoke, suspend, or cial driver’s license shall be deemed to con- (or any subsequent corresponding regula- cancel the commercial driver’s license of a sent to such access by obtaining a commer- tions). commercial motor vehicle operator who is cial driver’s license. ‘‘(3) EXCEPTION.—A law, regulation, order, found, based on a test conducted and con- ‘‘(B) PROTECTION OF PRIVACY OF INDIVID- or other requirement of a State, political firmed under this section, to have used alco- UALS.—An official of the National Transpor- subdivision of a State, or Indian tribe shall hol or a controlled substance in violation of tation Safety Board that receives an individ- not be preempted under this subsection to law until the commercial motor vehicle op- ual’s record from the clearinghouse under the extent it relates to an action taken with erator completes the rehabilitation process this paragraph shall— respect to a commercial motor vehicle oper- under subsection (e).’’; and

VerDate Mar 15 2010 01:58 Mar 08, 2012 Jkt 099060 PO 00000 Frm 00104 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S17FE2.REC S17FE2 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 17, 2012 CONGRESSIONAL RECORD — SENATE S983 (3) by amending section 31310(d) to read as by inserting ‘‘, and such period shall be for (4) by striking ‘‘$250 but not more than follows: not less than 10 days’’ after ‘‘operator is fit’’. $2,000’’ and inserting ‘‘$2,500 but not more ‘‘(d) CONTROLLED SUBSTANCE VIOLATIONS.— (c) OWNERS OR OPERATORS TRANSPORTING than $7,500’’. The Secretary may permanently disqualify HAZARDOUS MATERIAL.—Section 31144(c)(3) is (b) EVASION OF REGULATION.—Section 14906 an individual from operating a commercial amended by inserting before the period at is amended— vehicle if the individual— the end of the first sentence the following: ‘‘, (1) by striking ‘‘$200’’ and inserting ‘‘at ‘‘(1) uses a commercial motor vehicle in and such period shall be for not less than 10 least $2,000’’; the commission of a felony involving manu- days’’. (2) by striking ‘‘$250’’ and inserting facturing, distributing, or dispensing a con- SEC. 32505. MINIMUM OUT OF SERVICE PEN- ‘‘$5,000’’; and trolled substance, or possession with intent ALTIES. (3) by inserting after ‘‘a subsequent viola- to manufacture, distribute, or dispense a Section 521(b)(7) is amended by adding at tion’’ the following: controlled substance; or the end the following: ‘‘, and may be subject to criminal pen- ‘‘(2) uses alcohol or a controlled substance, ‘‘The penalties may include a minimum alties’’. in violation of section 31306, 3 or more duration for any out of service period, not to SEC. 32508. FAILURE TO PAY CIVIL PENALTY AS A times.’’. exceed 90 days.’’. DISQUALIFYING OFFENSE. SEC. 32404. AUTHORIZATION OF APPROPRIA- SEC. 32506. IMPOUNDMENT AND IMMOBILIZA- (a) IN GENERAL.—Chapter 311 is amended TIONS. TION OF COMMERCIAL MOTOR VEHI- by inserting after section 31151 the following: From the funds authorized to be appro- CLES FOR IMMINENT HAZARD. ‘‘§ 31152. Disqualification for failure to pay Section 521(b) is amended by adding at the priated under section 31104(h) of title 49, ‘‘An individual assessed a civil penalty end the following: United States Code, up to $5,000,000 is au- under this chapter, or chapters 5, 51, or 149 of ‘‘(15) IMPOUNDMENT OF COMMERCIAL MOTOR thorized to be appropriated from the High- this title, or a regulation issued under any of VEHICLES.— way Trust Fund (other than the Mass Tran- those provisions, who fails to pay the pen- sit Account) for the Secretary of Transpor- ‘‘(A) ENFORCEMENT OF IMMINENT HAZARD alty or fails to comply with the terms of a tation to develop, design, and implement the OUT-OF-SERVICE ORDERS.— settlement with the Secretary, shall be dis- national clearinghouse required by section ‘‘(i) The Secretary, or an authorized State qualified from operating a commercial motor 32402 of this Act. official carrying out motor carrier safety en- vehicle after the individual is notified in forcement activities under section 31102, may Subtitle E—Enforcement writing and is given an opportunity to re- enforce an imminent hazard out-of-service spond. A disqualification shall continue until SEC. 32501. INSPECTION DEMAND AND DISPLAY order issued under chapters 5, 51, 131 through the penalty is paid, or the individual com- OF CREDENTIALS. 149, 311, 313, or 315 of this title, or a regula- (a) SAFETY INVESTIGATIONS.—Section 504(c) plies with the terms of the settlement, un- tion promulgated thereunder, by towing and is amended— less the nonpayment is because the indi- impounding a commercial motor vehicle (1) by inserting ‘‘, or an employee of the re- vidual is a debtor in a case under chapter 11 until the order is rescinded. cipient of a grant issued under section 31102 of title 11, United States Code.’’. ‘‘(ii) Enforcement shall not unreasonably (b) TECHNICAL AMENDMENTS.—Section of this title’’ after ‘‘a contractor’’; and interfere with the ability of a shipper, car- 31310, as amended by sections 32206 and 32310 (2) by inserting ‘‘, in person or in writing’’ rier, broker, or other party to arrange for of this Act, is amended— after ‘‘proper credentials’’. the alternative transportation of any cargo (1) by redesignating subsections (h) (b) CIVIL PENALTY.—Section 521(b)(2)(E) is or passenger being transported at the time through (k) as subsections (i) through (l), re- amended— the commercial motor vehicle is immo- spectively; and (1) by redesignating subparagraph (E) as bilized. In the case of a commercial motor (2) by inserting after subsection (g) the fol- subparagraph (E)(i); and vehicle transporting passengers, the Sec- lowing: (2) by adding at the end the following: retary or authorized State official shall pro- ‘‘(h) DISQUALIFICATION FOR FAILURE TO ‘‘(ii) PLACE OUT OF SERVICE.—The Secretary vide reasonable, temporary, and secure shel- PAY.—The Secretary shall disqualify from may by regulation adopt procedures for plac- ter and accommodations for passengers in operating a commercial motor vehicle any ing out of service the commercial motor ve- transit. individual who fails to pay a civil penalty hicle of a foreign-domiciled motor carrier ‘‘(iii) The Secretary’s designee or an au- within the prescribed period, or fails to con- that fails to promptly allow the Secretary to thorized State official carrying out motor form to the terms of a settlement with the inspect and copy a record or inspect equip- carrier safety enforcement activities under Secretary. A disqualification shall continue ment, land, buildings, or other property.’’. section 31102, shall immediately notify the until the penalty is paid, or the individual (c) HAZARDOUS MATERIALS INVESTIGA- conforms to the terms of the settlement, un- TIONS.—Section 5121(c)(2) is amended by in- owner of a commercial motor vehicle of the impoundment and the opportunity for review less the nonpayment is because the indi- serting ‘‘, in person or in writing,’’ after vidual is a debtor in a case under chapter 11 ‘‘proper credentials’’. of the impoundment. A review shall be pro- vided in accordance with section 554 of title of title 11, United States Code.’’; and (d) COMMERCIAL INVESTIGATIONS.—Section (3) in subsection (i), as redesignated, by 5, except that the review shall occur not 14122(b) is amended by inserting ‘‘, in person striking ‘‘Notwithstanding subsections (b) later than 10 days after the impoundment. or in writing’’ after ‘‘proper credentials’’. through (g)’’ and inserting ‘‘Notwithstanding ‘‘(B) ISSUANCE OF REGULATIONS.—The Sec- SEC. 32502. OUT OF SERVICE PENALTY FOR DE- subsections (b) through (h)’’. retary shall promulgate regulations on the NIAL OF ACCESS TO RECORDS. (c) CONFORMING AMENDMENT.—The analysis Section 521(b)(2)(E) is amended— use of impoundment or immobilization of of chapter 311 is amended by inserting after (1) by inserting after ‘‘$10,000.’’ the fol- commercial motor vehicles as a means of en- the item relating to section 31151 the fol- lowing: ‘‘In the case of a motor carrier, the forcing additional out-of-service orders lowing: issued under chapters 5, 51, 131 through 149, Secretary may also place the violator’s ‘‘31152. Disqualification for failure to pay.’’. motor carrier operations out of service.’’; 311, 313, or 315 of this title, or a regulation promulgated thereunder. Regulations pro- SEC. 32509. VIOLATIONS RELATING TO COMMER- and CIAL MOTOR VEHICLE SAFETY REG- (2) by striking ‘‘such penalty’’ after ‘‘It mulgated under this subparagraph shall in- ULATION AND OPERATORS. shall be a defense to’’ and inserting ‘‘a pen- clude consideration of public safety, the pro- Section 521(b)(2)(D) is amended by striking alty’’. tection of passengers and cargo, inconven- ‘‘ability to pay,’’. SEC. 32503. PENALTIES FOR VIOLATION OF OPER- ience to passengers, and the security of the SEC. 32510. EMERGENCY DISQUALIFICATION FOR ATION OUT OF SERVICE ORDERS. commercial motor vehicle. IMMINENT HAZARD. Section 521(b)(2) is amended by adding at ‘‘(C) DEFINITION.—In this paragraph, the Section 31310(f) is amended— the end the following: term ‘impoundment’ or ’impounding’ means (1) in paragraph (1) by inserting ‘‘section ‘‘(F) PENALTY FOR VIOLATIONS RELATING TO the seizing and taking into custody of a com- 521 or’’ before ‘‘section 5102’’; and OUT OF SERVICE ORDERS.—A motor carrier or mercial motor vehicle or the immobilizing of (2) in paragraph (2) by inserting ‘‘section employer (as defined in section 31132) that a commercial motor vehicle through the at- 521 or’’ before ‘‘section 5102’’. operates a commercial motor vehicle in com- tachment of a locking device or other me- SEC. 32511. INTRASTATE OPERATIONS OF INTER- merce in violation of a prohibition on trans- chanical or electronic means.’’. STATE MOTOR CARRIERS. portation under section 31144(c) of this title SEC. 32507. INCREASED PENALTIES FOR EVASION (a) PROHIBITED TRANSPORTATION.—Section or an imminent hazard out of service order OF REGULATIONS. 521(b)(5) is amended by inserting after sub- issued under subsection (b)(5) of this section (a) PENALTIES.—Section 524 is amended— paragraph (B) the following: or section 5121(d) of this title shall be liable (1) by striking ‘‘knowingly and willfully’’; ‘‘(C) If an employee, vehicle, or all or part for a civil penalty not to exceed $25,000.’’. (2) by inserting after ‘‘this chapter’’ the of an employer’s commercial motor vehicle SEC. 32504. MINIMUM PROHIBITION ON OPER- following: ‘‘, chapter 51, subchapter III of operations is ordered out of service under ATION FOR UNFIT CARRIERS. chapter 311 (except sections 31138 and 31139) paragraph (5)(A), the commercial motor ve- (a) IN GENERAL.—Section 31144(c)(1) is or section 31302, 31303, 31304, 31305(b), hicle operations of the employee, vehicle, or amended by inserting ‘‘, and such period 31310(g)(1)(A), or 31502 of this title, or a regu- employer that affect interstate commerce shall be for not less than 10 days’’ after ‘‘op- lation issued under any of those provisions,’’; are also prohibited.’’. erator is fit’’. (3) by striking ‘‘$200 but not more than (b) PROHIBITION ON OPERATION IN INTER- (b) OWNERS OR OPERATORS TRANSPORTING $500’’ and inserting ‘‘$2,000 but not more than STATE COMMERCE AFTER NONPAYMENT OF PASSENGERS.—Section 31144(c)(2) is amended $5,000’’; and PENALTIES.—Section 521(b)(8) is amended—

VerDate Mar 15 2010 01:58 Mar 08, 2012 Jkt 099060 PO 00000 Frm 00105 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S17FE2.REC S17FE2 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S984 CONGRESSIONAL RECORD — SENATE February 17, 2012 (1) by redesignating subparagraph (B) as entities and persons with motor carrier safe- (E) by amending paragraph (4), as redesig- subparagraph (C); and ty and enforcement on highways and other nated, to read as follows: (2) by inserting after subparagraph (A) the public roads, new entrant safety audits, bor- ‘‘(4) MAINTENANCE OF EFFORT.— following: der enforcement, hazardous materials safety ‘‘(A) IN GENERAL.—A plan submitted by a ‘‘(B) ADDITIONAL PROHIBITION.—A person and security, consumer protection and State under paragraph (2) shall provide that prohibited from operating in interstate com- household goods enforcement, and other pro- the total expenditure of amounts of the lead merce under paragraph (8)(A) may not oper- grams and activities required to improve the State agency responsible for implementing ate any commercial motor vehicle where the safety of motor carriers as determined by the plan will be maintained at a level at operation affects interstate commerce.’’. the Secretary. The Secretary shall allocate least equal to the average level of that ex- SEC. 32512. ENFORCEMENT OF SAFETY LAWS AND funding in accordance with section 31104 of penditure for fiscal years 2004 and 2005. REGULATIONS. this title.’’; ‘‘(B) AVERAGE LEVEL OF STATE EXPENDI- (a) ENFORCEMENT OF SAFETY LAWS AND (3) in subsection (b)— TURES.—In estimating the average level of REGULATIONS.—Chapter 311, as amended by (A) by amending the heading to read as fol- State expenditure under subparagraph (A), sections 32113 and 32508 of this Act, is amend- lows: the Secretary— ‘‘(i) may allow the State to exclude State ed by adding after section 31153 the fol- ‘‘(b) MOTOR CARRIER SAFETY ASSISTANCE expenditures for Government-sponsored dem- lowing: PROGRAM.—’’; onstration or pilot programs; and ‘‘§ 31154. Enforcement of safety laws and reg- (B) by redesignating paragraphs (1) ‘‘(ii) shall require the State to exclude ulations through (3) as (2) through (4), respectively; State matching amounts used to receive (C) by inserting before paragraph (2), as re- ‘‘(a) IN GENERAL.—The Secretary may Government financing under this subsection. bring a civil action to enforce this part, or a designated, the following: ‘‘(C) WAIVER.—Upon the request of a State, ‘‘(1) PROGRAM GOAL.—The goal of the Motor regulation or order of the Secretary under the Secretary may waive or modify the re- Carrier Safety Assistance Program is to en- this part, when violated by an employer, em- quirements of this paragraph for 1 fiscal sure that the Secretary, States, local gov- ployee, or other person providing transpor- year, if the Secretary determines that a ernment agencies, and other political juris- tation or service under this subchapter or waiver is equitable due to exceptional or un- subchapter I. dictions work in partnership to establish controllable circumstances, such as a nat- ‘‘(b) VENUE.—In a civil action under sub- programs to improve motor carrier, commer- ural disaster or a serious decline in the fi- section (a)— cial motor vehicle, and driver safety to sup- nancial resources of the State motor carrier ‘‘(1) trial shall be in the judicial district in port a safe and efficient surface transpor- safety assistance program agency.’’; which the employer, employee, or other per- tation system by— (4) by redesignating subsection (e) as sub- son operates; ‘‘(A) making targeted investments to pro- section (h); and ‘‘(2) process may be served without regard mote safe commercial motor vehicle trans- (5) by inserting after subsection (d) the fol- to the territorial limits of the district or of portation, including transportation of pas- lowing: the State in which the action is instituted; sengers and hazardous materials; ‘‘(e) NEW ENTRANT SAFETY ASSURANCE PRO- and ‘‘(B) investing in activities likely to gen- GRAM.— ‘‘(3) a person participating with a carrier erate maximum reductions in the number ‘‘(1) PROGRAM GOAL.—The Secretary may or broker in a violation may be joined in the and severity of commercial motor vehicle make grants to States and local govern- civil action without regard to the residence crashes and fatalities resulting from such ments for pre-authorization safety audits of the person.’’. crashes; and new entrant motor carrier audits as de- (b) CONFORMING AMENDMENT.—The analysis ‘‘(C) adopting and enforcing effective scribed in section 31144(g). of chapter 311 is amended by inserting after motor carrier, commercial motor vehicle, ‘‘(2) RECIPIENTS.—Grants made in support the item relating to section 31153 the fol- and driver safety regulations and practices of this program may be provided to States lowing: consistent with Federal requirements; and and local governments. ‘‘31154. Enforcement of safety laws and regu- ‘‘(D) assessing and improving statewide ‘‘(3) FEDERAL SHARE.—The Federal share of lations.’’. performance by setting program goals and a grant made under this program is 100 per- SEC. 32513. DISCLOSURE TO STATE AND LOCAL meeting performance standards, measures, cent. LAW ENFORCEMENT AGENCIES. and benchmarks.’’; ‘‘(4) ELIGIBLE ACTIVITIES.—Eligible activi- Section 31106(e) is amended— (D) in paragraph (2), as redesignated— ties will be in accordance with criteria devel- (1) by redesignating subsection (e) as sub- (i) by striking ‘‘make a declaration of’’ in oped by the Secretary and posted in the Fed- section (e)(1); and subparagraph (I) and inserting ‘‘dem- eral Register in advance of the grant applica- (2) by inserting at the end the following: onstrate’’; tion period. ‘‘(2) IN GENERAL.—Notwithstanding any (ii) by amending subparagraph (M) to read ‘‘(5) DETERMINATION.—If the Secretary de- prohibition on disclosure of information in as follows: termines that a State or local government is section 31105(h) or 31143(b) of this title or sec- ‘‘(M) ensures participation in appropriate unable to conduct a new entrant motor car- tion 552a of title 5, the Secretary may dis- Federal Motor Carrier Safety Administra- rier audit, the Secretary may use the funds close information maintained by the Sec- tion systems and other information systems to conduct the audit. retary pursuant to chapters 51, 135, 311, or 313 by all appropriate jurisdictions receiving ‘‘(f) BORDER ENFORCEMENT.— of this title to appropriate personnel of a Motor Carrier Safety Assistance Program ‘‘(1) PROGRAM GOAL.—The Secretary of State agency or instrumentality authorized funding;’’; Transportation may make a grant for car- to carry out State commercial motor vehicle (iii) in subparagraph (Q), by inserting ‘‘and rying out border commercial motor vehicle safety activities and commercial driver’s li- dedicated sufficient resources to’’ between safety programs and related enforcement ac- cense laws, or appropriate personnel of a ‘‘established’’ and ‘‘a program’’; tivities and projects. local law enforcement agency, in accordance (iv) in subparagraph (W), by striking ‘‘and’’ ‘‘(2) RECIPIENTS.—The Secretary of Trans- with standards, conditions, and procedures after the semicolon; portation may make a grant to an entity, as determined by the Secretary. Disclosure (v) by amending subparagraph (X) to read State, or other person for carrying out bor- under this section shall not operate as a as follows: der commercial motor vehicle safety pro- waiver by the Secretary of any applicable ‘‘(X) except in the case of an imminent or grams and related enforcement activities privilege against disclosure under common obvious safety hazard, ensures that an in- and projects. law or as a basis for compelling disclosure spection of a vehicle transporting passengers ‘‘(3) FEDERAL SHARE.—The Secretary shall under section 552 of title 5.’’. for a motor carrier of passengers is con- reimburse a grantee at least 100 percent of ducted at a station, terminal, border cross- Subtitle F—Compliance, Safety, the costs incurred in a fiscal year for car- ing, maintenance facility, destination, weigh Accountability rying out border commercial motor vehicle station, rest stop, turnpike service area, or a safety programs and related enforcement ac- SEC. 32601. COMPLIANCE, SAFETY, ACCOUNT- location where adequate food, shelter, and tivities and projects. ABILITY. sanitation facilities are available for pas- ‘‘(4) ELIGIBLE ACTIVITIES.—An eligible ac- (a) IN GENERAL.—Section 31102 is amend- sengers, and reasonable accommodation is tivity will be in accordance with criteria de- ed— available for passengers with disabilities; veloped by the Secretary and posted in the (1) by amending the section heading to and’’; and Federal Register in advance of the grant ap- read: (vi) by adding after subparagraph (X) the plication period. ‘‘§ 31102. Compliance, safety, and account- following: ‘‘(g) HIGH PRIORITY INITIATIVES.— ability grants’’; ‘‘(Y) ensures that the State will transmit ‘‘(1) PROGRAM GOAL.—The Secretary may (2) by amending subsection (a) to read as to its roadside inspectors the notice of each make grants to carry out high priority ac- follows: Federal exemption granted pursuant to sec- tivities and projects that improve commer- ‘‘(a) GENERAL AUTHORITY.—Subject to this tion 31315(b) and provided to the State by the cial motor vehicle safety and compliance section, the Secretary of Transportation Secretary, including the name of the person with commercial motor vehicle safety regu- shall make and administer a compliance, granted the exemption and any terms and lations, including activities and projects safety, and accountability grant program to conditions that apply to the exemption.’’; that— assist States, local governments, and other and ‘‘(A) are national in scope;

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AUTHORIZATION OF APPROPRIA- corridors; ERS.—The Secretary may maintain by regu- TIONS. ‘‘(D) improve consumer protection and en- lation a procedure for determining the safety Section 31104 is amended to read as follows: forcement of household goods regulations; fitness of a commercial motor vehicle driver ‘‘§ 31104. Availability of amounts ‘‘(E) improve the movement of hazardous and for prohibiting the driver from operating ‘‘(a) IN GENERAL.—There are authorized to materials safely and securely, including ac- in interstate commerce. The procedure and be appropriated from Highway Trust Fund tivities related to the establishment of uni- prohibition shall include the following: (other than the Mass Transit Account) for form forms and application procedures that ‘‘(1) Specific initial and continuing re- Federal Motor Carrier Safety Administra- improve the accuracy, timeliness, and com- quirements that a driver must comply with tion programs the following: pleteness of commercial motor vehicle safety to demonstrate safety fitness. ‘‘(1) COMPLIANCE, SAFETY, AND ACCOUNT- data reported to the Secretary; or ‘‘(2) The methodology and continually up- ABILITY GRANTS UNDER SECTION 31102.— ‘‘(F) demonstrate new technologies to im- dated safety performance data that the Sec- ‘‘(A) $249,717,000 for fiscal year 2012, pro- prove commercial motor vehicle safety. retary will use to determine whether a driver vided that the Secretary shall set aside not ‘‘(2) RECIPIENTS.—The Secretary may allo- is fit, including inspection results, serious cate amounts to award grants to State agen- less than $168,388,000 to carry out the motor traffic offenses, and crash involvement data. carrier safety assistance program under sec- cies, local governments, and other persons ‘‘(3) Specific time frames within which the for carrying out high priority activities and tion 31102(b); and Secretary will determine whether a driver is ‘‘(B) $253,814,000 for fiscal year 2013, pro- projects that improve commercial motor ve- fit. hicle safety and compliance with commercial vided that the Secretary shall set aside not ‘‘(4) A prohibition period or periods, not to less than $171,813,000 to carry out the motor motor vehicle safety regulations in accord- exceed 1 year, that a driver that the Sec- ance with the program goals specified in carrier safety assistance program under sec- retary determines is not fit will be prohib- tion 31102(b). paragraph (1). ited from operating a commercial motor ve- ‘‘(2) DATA AND TECHNOLOGY GRANTS UNDER ‘‘(3) FEDERAL SHARE.—The Secretary shall hicle in interstate commerce. The period or SECTION 31109.— reimburse a grantee at least 80 percent of the periods shall begin on the 46th day after the costs incurred in a fiscal year for carrying ‘‘(A) $30,000,000 for fiscal year 2012; and date of the fitness determination and con- ‘‘(B) $30,000,000 for fiscal year 2013. out the high priority activities or projects. tinue until the Secretary determines the ‘‘(3) DRIVER SAFETY GRANTS UNDER SECTION ‘‘(4) ELIGIBLE ACTIVITIES.—An eligible ac- driver is fit or until the prohibition period 31313.— tivity will be in accordance with criteria expires. that is— ‘‘(A) $31,000,000 for fiscal year 2012; and ‘‘(5) A review by the Secretary, not later ‘‘(B) $31,000,000 for fiscal year 2013. ‘‘(A) developed by the Secretary; and than 30 days after an unfit driver requests a ‘‘(B) posted in the Federal Register in ad- ‘‘(4) CRITERIA.—The Secretary shall de- review, of the driver’s compliance with the velop criteria to allocate the remaining vance of the grant application period.’’. requirements the driver failed to comply (b) CONFORMING AMENDMENT.—The analysis funds under paragraphs (1), (2), and (3) for fis- with and that resulted in the Secretary de- of chapter 311 is amended by striking the cal year 2013 and for each fiscal year there- termining that the driver was not fit. The item relating to section 31102 and inserting after not later than April 1 of the prior fiscal burden of proof shall be on the driver to dem- the following: year. onstrate fitness. ‘‘(b) AVAILABILITY AND REALLOCATION OF ‘‘31102. Compliance, safety, and account- ‘‘(6) The eligibility criteria for reinstate- ability grants.’’. AMOUNTS.— ment, including the remedial measures the ‘‘(1) ALLOCATIONS AND REALLOCATIONS.— SEC. 32602. PERFORMANCE AND REGISTRATION unfit driver must take for reinstatement.’’. INFORMATION SYSTEMS MANAGE- Amounts made available under subsection MENT PROGRAM. SEC. 32605. UNIFORM ELECTRONIC CLEARANCE (a)(1) remain available until expended. Allo- Section 31106(b) is amended— FOR COMMERCIAL MOTOR VEHICLE cations to a State remain available for ex- INSPECTIONS. (1) by amending paragraph (3)(C) to read as penditure in the State for the fiscal year in (a) IN GENERAL.—Chapter 311 is amended follows— which they are allocated and for the next fis- by adding after section 31109 the following: ‘‘(C) establish and implement a process— cal year. Amounts not expended by a State ‘‘(i) to cancel the motor vehicle registra- ‘‘§ 31110. Withholding amounts for State non- during those 2 fiscal years are released to the tion and seize the registration plates of a ve- compliance Secretary for reallocation. hicle when an employer is found liable under ‘‘(a) FIRST FISCAL YEAR.—Subject to cri- ‘‘(2) REDISTRIBUTION OF AMOUNTS.—The section 31310(j)(2)(C) for knowingly allowing teria established by the Secretary of Trans- Secretary may, after August 1 of each fiscal or requiring an employee to operate such a portation, the Secretary may withhold up to year, upon a determination that a State does commercial motor vehicle in violation of an 50 percent of the amount a State is otherwise not qualify for funding under section 31102(b) out-of-service order; and eligible to receive under section 31102(b) on or that the State will not expend all of its ‘‘(ii) to reinstate the vehicle registration the first day of the fiscal year after the first existing funding, reallocate the State’s fund- or return the registration plates of the com- fiscal year following the date of enactment ing. In revising the allocation and redistrib- mercial motor vehicle, subject to sanctions of the Commercial Motor Vehicle Safety En- uting the amounts, the Secretary shall give under clause (i), if the Secretary permits hancement Act of 2012 in which the State preference to those States that require addi- such carrier to resume operations after the uses for at least 180 days an electronic com- tional funding to meet program goals under date of issuance of such order.’’; and mercial motor vehicle inspection selection section 31102(b). (2) by striking paragraph (4). system that does not employ a selection ‘‘(3) PERIOD OF AVAILABILITY FOR DATA AND SEC. 32603. COMMERCIAL MOTOR VEHICLE DE- methodology approved by the Secretary. TECHNOLOGY GRANTS.—Amounts made avail- FINED. ‘‘(b) SECOND FISCAL YEAR.—The Secretary able under subsection (a)(2) remain available Section 31101(1) is amended to read as fol- shall withhold up to 75 percent of the for obligation for the fiscal year and the next lows: amount a State is otherwise eligible to re- 2 years in which they are appropriated. Allo- ‘‘(1) ‘commercial motor vehicle’ means (ex- ceive under section 31102(b) on the first day cations remain available for expenditure in cept under section 31106) a self-propelled or of the fiscal year after the second fiscal year the State for 5 fiscal years after they were towed vehicle used on the highways in com- following the date of enactment of the Com- obligated. Amounts not expended by a State merce to transport passengers or property, if mercial Motor Vehicle Safety Enhancement during those 3 fiscal years are released to the the vehicle— Act of 2012 in which the State uses for at Secretary for reallocation. ‘‘(A) has a gross vehicle weight rating or least 180 days an electronic commercial ‘‘(4) PERIOD OF AVAILABILITY FOR DRIVER gross vehicle weight of at least 10,001 pounds, motor vehicle inspection selection system SAFETY GRANTS.—Amounts made available whichever is greater; that does not employ a selection method- under subsection (a)(3) of this section remain ‘‘(B) is designed or used to transport more ology approved by the Secretary. available for obligation for the fiscal year than 8 passengers, including the driver, for ‘‘(c) SUBSEQUENT AVAILABILITY OF WITH- and the next fiscal year in which they are compensation; HELD FUNDS.—The Secretary may make the appropriated. Allocations to a State remain ‘‘(C) is designed or used to transport more amounts withheld under subsection (a) or available for expenditure in the State for the than 15 passengers, including the driver, and subsection (b) available to the State if the fiscal year in which they are allocated and is not used to transport passengers for com- Secretary determines that the State has sub- for the following 2 fiscal years. Amounts not pensation; or stantially complied with the requirement de- expended by a State during those 3 fiscal ‘‘(D) is used in transporting material found scribed under subsection (a) or subsection (b) years are released to the Secretary for re- by the Secretary of Transportation to be not later than 180 days after the beginning of allocation. hazardous under section 5103 and transported the fiscal year in which amounts were with- ‘‘(5) REALLOCATION.—The Secretary, upon a in a quantity requiring placarding under reg- held.’’. request by a State, may reallocate grant ulations prescribed by the Secretary under (b) CONFORMING AMENDMENT.—The analysis funds previously awarded to the State under section 5103.’’. of chapter 311 is amended by inserting after a grant program authorized by section 31102,

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31109, or 31313 to another grant program au- ‘‘(1) IN GENERAL.—Subject to criteria estab- maintain commercial vehicle information thorized by those sections upon a showing by lished by the Secretary, the Secretary may systems and networks, and other innovative the State that it is unable to expend the withhold up to 100 percent of the amounts a technologies that the Secretary determines funds within the 12 months prior to their ex- State is otherwise eligible to receive under improve commercial motor vehicle safety. piration provided that the State agrees to section 31102(b) on October 1 of each fiscal ‘‘(c) ELIGIBILITY.—To be eligible for a grant expend the funds within the remaining pe- year beginning after the date of enactment to implement the requirements of section riod of expenditure. of the Commercial Motor Vehicle Safety En- 31106(b), the State shall design a program ‘‘(c) GRANTS AS CONTRACTUAL OBLIGA- hancement Act of 2012 and continuing for the that— TIONS.—Approval by the Secretary of a grant period that the State does not comply sub- ‘‘(1) links Federal motor carrier safety in- under sections 31102, 31109, and 31313 is a con- stantially with a requirement under section formation systems with the State’s motor tractual obligation of the Government for 31109(b). carrier information systems; payment of the Government’s share of costs ‘‘(2) SUBSEQUENT AVAILABILITY OF WITHHELD ‘‘(2) determines the safety fitness of a incurred in developing and implementing FUNDS.—The Secretary may make the motor carrier or registrant when licensing or programs to improve commercial motor ve- amounts withheld in accordance with para- registering the registrant or motor carrier or hicle safety and enforce commercial driver’s graph (1) available to a State if the Sec- while the license or registration is in effect; license regulations, standards, and orders. retary determines that the State has sub- and ‘‘(d) DEDUCTION FOR ADMINISTRATIVE EX- stantially complied with a requirement ‘‘(3) denies, suspends, or revokes the com- PENSES.— under section 31109(b) not later than 180 days mercial motor vehicle registrations of a ‘‘(1) IN GENERAL.—On October 1 of each fis- after the beginning of the fiscal year in motor carrier or registrant that was issued cal year or as soon after that as practicable, which the amounts are withheld. an operations out-of-service order by the the Secretary may deduct, from amounts ‘‘(h) ADMINISTRATIVE EXPENSES.— Secretary. made available under— ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(d) REQUIRED PARTICIPATION.—The Sec- ‘‘(A) subsection (a)(1) for that fiscal year, There are authorized to be appropriated from retary shall require States that participate not more than 1.5 percent of those amounts the Highway Trust Fund (other than the in the program under section 31106 to— for administrative expenses incurred in car- Mass Transit Account) for the Secretary to ‘‘(1) comply with the uniform policies, pro- rying out section 31102 in that fiscal year; pay administrative expenses of the Federal cedures, and technical and operational ‘‘(B) subsection (a)(2) for that fiscal year, Motor Carrier Safety Administration— standards prescribed by the Secretary under not more than 1.4 percent of those amounts ‘‘(A) $250,819,000 for fiscal year 2012; and section 31106(b); for administrative expenses incurred in car- ‘‘(B) $248,523,000 for fiscal year 2013. ‘‘(2) possess or seek the authority to pos- sess for a time period not longer than deter- rying out section 31109 in that fiscal year; ‘‘(2) USE OF FUNDS.—The funds authorized and by this subsection shall be used for personnel mined reasonable by the Secretary, to im- ‘‘(C) subsection (a)(3) for that fiscal year, costs, administrative infrastructure, rent, pose sanctions relating to commercial motor not more than 1.4 percent of those amounts information technology, programs for re- vehicle registration on the basis of a Federal for administrative expenses incurred in car- search and technology, information manage- safety fitness determination; and rying out section 31313 in that fiscal year. ment, regulatory development, the adminis- ‘‘(3) establish and implement a process to ‘‘(2) TRAINING.—The Secretary may use at tration of the performance and registration cancel the motor vehicle registration and least 50 percent of the amounts deducted information system management, outreach seize the registration plates of a vehicle from the amounts made available under sec- and education, other operating expenses, and when an employer is found liable under sec- tions (a)(1) and (a)(3) to train non-Govern- such other expenses as may from time to tion 31310(j)(2)(C) for knowingly allowing or ment employees and to develop related time be necessary to implement statutory requiring an employee to operate such a training materials to carry out sections mandates of the Administration not funded commercial motor vehicle in violation of an 31102, 31311, and 31313 of this title. from other sources. out of service order. ‘‘(e) FEDERAL SHARE.—The total Federal ‘‘(3) CONTRACTS.—The Secretary may use ‘‘(i) AVAILABILITY OF FUNDS.— share of the cost of a project payable from amounts deducted under paragraph (1) to ‘‘(1) PERIOD OF AVAILABILITY.—The all eligible Federal sources shall be at least enter into contracts and cooperative agree- amounts made available under this section 80 percent.’’. ments with States, local governments, asso- shall remain available until expended. (b) CONFORMING AMENDMENT.—The analysis ciations, institutions, corporations, and ‘‘(2) INITIAL DATE OF AVAILABILITY.—Au- of chapter 311 is amended by striking the other persons, if the Secretary determines thorizations from the Highway Trust Fund item relating to section 31109 and inserting the contracts and cooperative agreements (other than the Mass Transit Account) for the following: are cost-effective, benefit multiple jurisdic- this section shall be available for obligation ‘‘31109. Data and technology grants.’’. tions of the United States, and enhance safe- on the date of their apportionment or alloca- ty programs and related enforcement activi- tion or on October 1 of the fiscal year for SEC. 32609. DRIVER SAFETY GRANTS. (a) DRIVER FOCUSED GRANT PROGRAM.—Sec- ties. which they are authorized, whichever occurs tion 31313 is amended to read as follows: ‘‘(e) ALLOCATION CRITERIA AND ELIGI- first.’’. BILITY.— SEC. 32607. HIGH RISK CARRIER REVIEWS. ‘‘§ 31313. Driver safety grants ‘‘(1) On October 1 of each fiscal year or as (a) HIGH RISK CARRIER REVIEWS.—Section ‘‘(a) GENERAL AUTHORITY.—The Secretary soon as practicable after that date after 31104(h), as amended by section 32606 of this shall make and administer a driver focused making the deduction under subsection Act, is amended by adding at the end of para- grant program to assist the States, local (d)(1)(A), the Secretary shall allocate graph (2) the following: governments, entities, and other persons amounts made available to carry out section ‘‘From the funds authorized by this sub- with commercial driver’s license systems, 31102(b) for such fiscal year among the States section, the Secretary shall ensure that a re- programs, training, fraud detection, report- with plans approved under that section. Allo- view is completed on each motor carrier that ing of violations and other programs re- cation shall be made under the criteria pre- demonstrates through performance data that quired to improve the safety of drivers as the scribed by the Secretary. it poses the highest safety risk. At a min- Federal Motor Carrier Safety Administra- tion deems critical. The Secretary shall allo- ‘‘(2) On October 1 of each fiscal year or as imum, a review shall be conducted whenever cate the funds for the program in accordance soon as practicable after that date and after a motor carrier is among the highest risk with section 31104. making the deduction under subsection carriers for 2 consecutive months.’’. ‘‘(b) COMMERCIAL DRIVER’S LICENSE PRO- (d)(1)(B) or (d)(1)(C), the Secretary shall allo- (b) CONFORMING AMENDMENT.—Section 4138 GRAM IMPROVEMENT GRANTS.— cate amounts made available to carry out of the Safe, Accountable, Flexible, Efficient sections 31109(a) and 31313(b)(1). ‘‘(1) PROGRAM GOAL.—The Secretary of Transportation Equity Act: A Legacy for Transportation may make a grant to a State ‘‘(f) INTRASTATE COMPATIBILITY.—The Sec- Users (49 U.S.C. 31144 note) is repealed. retary shall prescribe regulations specifying in a fiscal year— SEC. 32608. DATA AND TECHNOLOGY GRANTS. tolerance guidelines and standards for ensur- ‘‘(A) to comply with the requirements of (a) IN GENERAL.—Section 31109 is amended ing compatibility of intrastate commercial section 31311; to read as follows: motor vehicle safety laws and regulations ‘‘(B) in the case of a State that is making with Government motor carrier safety regu- ‘‘§ 31109. Data and technology grants a good faith effort toward substantial com- lations to be enforced under section 31102(b). ‘‘(a) GENERAL AUTHORITY.—The Secretary pliance with the requirements of this section To the extent practicable, the guidelines and of Transportation shall establish and admin- and section 31311, to improve its implemen- standards shall allow for maximum flexi- ister a data and technology grant program to tation of its commercial driver’s license pro- bility while ensuring a degree of uniformity assist the States with the implementation gram; that will not diminish transportation safety. and maintenance of data systems. The Sec- ‘‘(C) for research, development demonstra- In reviewing State plans and allocating retary shall allocate the funds in accordance tion projects, public education, and other amounts or making grants under section 153 with section 31104. special activities and projects relating to of title 23, United States Code, the Secretary ‘‘(b) PERFORMANCE GOALS.—The Secretary commercial driver licensing and motor vehi- shall ensure that the guidelines and stand- may make a grant to a State to implement cle safety that are of benefit to all jurisdic- ards are applied uniformly. the performance and registration informa- tions of the United States or are designed to ‘‘(g) WITHHOLDING AMOUNTS FOR STATE tion system management requirements of address national safety concerns and cir- NONCOMPLIANCE.— section 31106(b) to develop, implement, and cumstances;

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‘‘(D) for commercial driver’s license pro- (3) COMMERCIAL MOTOR VEHICLE.—Except as (1) ROOF STRENGTH AND CRUSH RESIST- gram coordinators; otherwise specified, the term ‘‘commercial ANCE.—The Secretary shall establish im- ‘‘(E) to implement or maintain a system to motor vehicle’’ has the meaning given the proved roof and roof support standards for notify an employer of an operator of a com- term in section 31132(1) of title 49, United motorcoaches that substantially improve the mercial motor vehicle of the suspension or States Code. resistance of motorcoach roofs to deforma- revocation of the operator’s commercial (4) DIRECT TIRE PRESSURE MONITORING SYS- tion and intrusion to prevent serious occu- driver’s license consistent with the stand- TEM.—The term ‘‘direct tire pressure moni- pant injury in rollover crashes involving ards developed under section 32304(b) of the toring system’’ means a tire pressure moni- motorcoaches. Commercial Motor Vehicle Safety Enhance- toring system that is capable of directly de- (2) ANTI-EJECTION SAFETY COUNTER- ment Act of 2012; or tecting when the air pressure level in any MEASURES.—The Secretary shall require ad- ‘‘(F) to train operators of commercial tire is significantly under-inflated and pro- vanced glazing to be installed in each motor- motor vehicles, as defined under section viding the driver a low tire pressure warning coach portal and shall consider other portal 31301, and to train operators and future oper- as to which specific tire is significantly improvements to prevent partial and com- ators in the safe use of such vehicles. Fund- under-inflated. plete ejection of motorcoach passengers, in- ing priority for this discretionary grant pro- (5) ELECTRONIC ON-BOARD RECORDER.—The cluding children. In prescribing such stand- gram shall be to regional or multi-state edu- term ‘‘electronic on-board recorder’’ means ards, the Secretary shall consider the impact cational or nonprofit associations serving an electronic device that acquires and stores of such standards on the use of motorcoach economically distressed regions of the data showing the record of duty status of the portals as a means of emergency egress. United States. vehicle operator and performs the functions (3) ROLLOVER CRASH AVOIDANCE.—The Sec- ‘‘(2) PRIORITY.—The Secretary shall give required of an automatic on-board recording retary shall require motorcoaches to be priority, in making grants under paragraph device in section 395.15(b) of title 49, Code of equipped with stability enhancing tech- (1)(B), to a State that will use the grants to Federal Regulations. nology, such as electronic stability control achieve compliance with the requirements of (6) EVENT DATA RECORDER.—The term and torque vectoring, to reduce the number the Motor Carrier Safety Improvement Act ‘‘event data recorder’’ has the meaning given and frequency of rollover crashes among of 1999 (113 Stat. 1748), including the amend- that term in section 563.5 of title 49, Code of motorcoaches. ments made by the Commercial Motor Vehi- Federal Regulations. (c) COMMERCIAL MOTOR VEHICLE TIRE PRES- cle Safety Enhancement Act of 2012. (7) MOTOR CARRIER.—The term ‘‘motor car- SURE MONITORING SYSTEMS.—Not later than 3 ‘‘(3) RECIPIENTS.—The Secretary may allo- rier’’ means— years after the date of enactment of this cate grants to State agencies, local govern- (A) a motor carrier (as defined in section Act, the Secretary shall prescribe the fol- ments, and other persons for carrying out ac- 13102(14) of title 49, United States Code); or lowing commercial vehicle regulation: tivities and projects that improve commer- (B) a motor private carrier (as defined in (1) IN GENERAL.—The Secretary shall re- cial driver’s license safety and compliance section 13102(15) of that title). quire motorcoaches to be equipped with di- with commercial driver’s license and com- (8) MOTORCOACH.—The term ‘‘motorcoach’’ rect tire pressure monitoring systems that mercial motor vehicle safety regulations in has the meaning given the term ‘‘over-the- warn the operator of a commercial motor ve- accordance with the program goals under road bus’’ in section 3038(a)(3) of the Trans- hicle when any tire exhibits a level of air paragraph (1) and that train operators on portation Equity Act for the 21st Century (49 pressure that is below a specified level of air commercial motor vehicles. The Secretary U.S.C. 5310 note), but does not include— pressure established by the Secretary. may make a grant to a State to comply with (A) a bus used in public transportation pro- (2) PERFORMANCE REQUIREMENTS.—The reg- section 31311 for commercial driver’s license vided by, or on behalf of, a public transpor- ulation prescribed by the Secretary under program coordinators and for notification tation agency; or this subsection shall include performance re- systems. (B) a school bus, including a multifunction quirements to ensure that direct tire pres- sure monitoring systems are capable of— ‘‘(4) FEDERAL SHARE.—The Federal share of school activity bus. a grant made under this program shall be at (9) MOTORCOACH SERVICES.—The term ‘‘mo- (A) providing a warning to the driver when least 80 percent, except that the Federal torcoach services’’ means passenger trans- 1 or more tires are underinflated; share of grants for commercial driver license portation by motorcoach for compensation. (B) activating in a specified time period program coordinators and training commer- (10) MULTIFUNCTION SCHOOL ACTIVITY BUS.— after the underinflation is detected; and cial motor vehicle operators shall be 100 per- The term ‘‘multifunction school activity (C) operating at different vehicle speeds. (d) APPLICATION OF REGULATIONS.— cent.’’. bus’’ has the meaning given the term in sec- (1) NEW MOTORCOACHES.—Any regulation (b) CONFORMING AMENDMENT.—The analysis tion 571.3(b) of title 49, Code of Federal Regu- of chapter 313 is amended by striking the lations (as in effect on the day before the prescribed in accordance with subsection (a), item relating to section 31313 and inserting date of enactment of this Act). (b), or (c) shall apply to all motorcoaches manufactured more than 2 years after the the following: (11) PORTAL.—The term ‘‘portal’’ means date on which the regulation is published as ‘‘31313. Driver safety grants.’’. any opening on the front, side, rear, or roof a final rule. SEC. 32610. COMMERCIAL VEHICLE INFORMA- of a motorcoach that could, in the event of (2) RETROFIT REQUIREMENTS FOR EXISTING TION SYSTEMS AND NETWORKS. a crash involving the motorcoach, permit Not later than 6 months after the date of the partial or complete ejection of any occu- MOTORCOACHES.— enactment of this Act, the Secretary shall pant from the motorcoach, including a (A) IN GENERAL.—The Secretary may, by submit a report to the Committee on Com- young child. regulation, provide for the application of any requirement established under subsection (a) merce, Science, and Transportation of the (12) PROVIDER OF MOTORCOACH SERVICES.— Senate and the Committee on Transpor- The term ‘‘provider of motorcoach services’’ or (b)(2) to motorcoaches manufactured be- tation and Infrastructure of the House of means a motor carrier that provides pas- fore the date on which the requirement ap- Representatives that includes— senger transportation services with a motor- plies to new motorcoaches under paragraph (1) established time frames and milestones coach, including per-trip compensation and (1) based on an assessment of the feasibility, for resuming the Commercial Vehicle Infor- contracted or chartered compensation. benefits, and costs of retrofitting the older motorcoaches. mation Systems and Networks Program; and (13) PUBLIC TRANSPORTATION.—The term (2) a strategic workforce plan for its grants ‘‘public transportation’’ has the meaning (B) ASSESSMENT.—The Secretary shall management office to ensure that it has de- given the term in section 5302 of title 49, complete an assessment with respect to safe- termined the skills and competencies that United States Code. ty belt retrofits not later than 1 year after the date of enactment of this Act and with are critical to achieving its mission goals. (14) SAFETY BELT.—The term ‘‘safety belt’’ respect to anti-ejection countermeasure ret- Subtitle G—Motorcoach Enhanced Safety Act has the meaning given the term in section rofits not later than 2 years after the date of of 2012 153(i)(4)(B) of title 23, United States Code. enactment of this Act. (15) SECRETARY.—The term ‘‘Secretary’’ SEC. 32701. SHORT TITLE. (e) FAILURE TO MEET DEADLINE.—If the means the Secretary of Transportation. This subtitle may be cited as the ‘‘Motor- Secretary determines that a final rule can- coach Enhanced Safety Act of 2012’’. SEC. 32703. REGULATIONS FOR IMPROVED OCCU- not be issued before the deadline established PANT PROTECTION, PASSENGER SEC. 32702. DEFINITIONS. EVACUATION, AND CRASH AVOID- under this section, the Secretary shall— In this subtitle: ANCE. (1) submit a report to the Committee on (1) ADVANCED GLAZING.—The term ‘‘ad- (a) REGULATIONS REQUIRED WITHIN 1 Commerce, Science, and Transportation of vanced glazing’’ means glazing installed in a YEAR.—Not later than 1 year after the date the Senate and the Committee on Energy portal on the side or the roof of a motor- of enactment of this Act, the Secretary shall and Commerce of the House of Representa- coach that is designed to be highly resistant prescribe regulations requiring safety belts tives that explains why the deadline cannot to partial or complete occupant ejection in to be installed in motorcoaches at each des- be met; and all types of motor vehicle crashes. ignated seating position. (2) establish a new deadline for the (2) BUS.—The term ‘‘bus’’ has the meaning (b) REGULATIONS REQUIRED WITHIN 2 issuance of the final rule. given the term in section 571.3(b) of title 49, YEARS.—Not later than 2 years after the date SEC. 32704. STANDARDS FOR IMPROVED FIRE Code of Federal Regulations (as in effect on of enactment of this Act, the Secretary shall SAFETY. the day before the date of enactment of this prescribe the following commercial motor (a) EVALUATIONS.—Not later than 18 Act). vehicle regulations: months after the date of enactment of this

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COMPONENTS.—The Secretary shall establish Bus Transportation Accessibility Act of 2007 requirements for fire hardening or fire re- (a) SAFETY RESEARCH INITIATIVES.—Not (122 Stat. 2915); sistance of motorcoach exterior components later than 2 years after the date of enact- ‘‘(B) has been interviewed to review safety ment of this Act, the Secretary shall com- to prevent fire and smoke inhalation injuries management controls and the carrier’s writ- plete the following research and testing: to occupants. ten safety oversight policies and practices; (1) IMPROVED FIRE EXTINGUISHERS.—The (2) SMOKE SUPPRESSION.—The Secretary and Secretary shall research and test the need to shall update Federal Motor Vehicle Safety ‘‘(C) through the successful completion of a install improved fire extinguishers or other Standard Number 302 (49 C.F.R. 571.302; relat- written examination developed by the Sec- readily available firefighting equipment in ing to flammability of interior materials) to retary, has demonstrated proficiency to com- motorcoaches to effectively extinguish fires improve the resistance of motorcoach inte- ply with and carry out the requirements and in motorcoaches and prevent passenger riors and components to burning and permit regulations described in subsection (a)(1). deaths and injuries. sufficient time for the safe evacuation of ‘‘(2) PRE-AUTHORIZATION SAFETY AUDIT.— (2) INTERIOR IMPACT PROTECTION.—The Sec- passengers from motorcoaches. The pre-authorization safety audit required retary shall research and test enhanced oc- (3) PREVENTION OF, AND RESISTANCE TO, under paragraph (1)(A) shall be completed cupant impact protection standards for mo- on-site not later than 90 days following the WHEEL WELL FIRES.—The Secretary shall es- torcoach interiors to reduce substantially se- tablish requirements— submission of an application for operating rious injuries for all passengers of authority. (A) to prevent and mitigate the propaga- motorcoaches. tion of wheel well fires into the passenger ‘‘(3) FEE.—The Secretary may establish, (3) COMPARTMENTALIZATION SAFETY COUN- compartment; and under section 9701 of title 31, a fee of not TERMEASURES.—The Secretary shall require more than $1,200 for new registrants that as (B) to substantially reduce occupant enhanced compartmentalization safety coun- deaths and injuries from such fires. nearly as possible covers the costs of per- termeasures for motorcoaches, including en- forming a preauthorization safety audit. (4) AUTOMATIC FIRE SUPPRESSION.—The Sec- hanced seating designs, to substantially re- retary shall establish requirements for Amounts collected under this subsection duce the risk of passengers being thrown shall be deposited in the Highway Trust motorcoaches to be equipped with highly ef- from their seats and colliding with other fective fire suppression systems that auto- Fund (other than the Mass Transit Ac- passengers, interior surfaces, and compo- count).’’. matically respond to and suppress all fires in nents in the event of a crash involving a mo- such motorcoaches. (b) SAFETY REVIEWS OF NEW OPERATORS.— torcoach. Section 31144(g)(1) is amended by inserting (5) PASSENGER EVACUATION.—The Secretary (4) COLLISION AVOIDANCE SYSTEMS.—The ‘‘transporting property’’ after ‘‘each oper- shall establish requirements for Secretary shall research and test forward ator’’. motorcoaches to be equipped with— and lateral crash warning systems applica- (c) CONFORMING AMENDMENT.—Section (A) improved emergency exit window, door, tions for motorcoaches. 24305(a)(3)(A)(i) is amended by striking ‘‘sec- roof hatch, and wheelchair lift door designs (b) RULEMAKING.—Not later than 2 years tion 13902(b)(8)(A)’’ and inserting ‘‘section to expedite access and use by passengers of after the completion of each research and 13902(b)(11)(A)’’. motorcoaches under all emergency cir- testing initiative required under subsection (d) EFFECTIVE DATE.—The amendments cumstances, including crashes and fires; and (a), the Secretary shall issue final motor ve- made by this section shall take effect 1 year (B) emergency interior lighting systems, hicle safety standards if the Secretary deter- after the date of enactment of this Act. including luminescent or retroreflectorized mines that such standards are warranted SEC. 32707. IMPROVED OVERSIGHT OF MOTOR- delineation of evacuation paths and exits, based on the requirements and consider- which are triggered by a crash or other COACH SERVICE PROVIDERS. ations set forth in subsections (a) and (b) of Section 31144, as amended by sections 32204 emergency incident to accomplish more section 30111 of title 49, United States Code. rapid and effective evacuation of passengers. and 32604 of this Act, is amended by adding SEC. 32706. MOTORCOACH REGISTRATION. at the end the following: (6) CAUSATION AND PREVENTION OF MOTOR- (a) REGISTRATION REQUIREMENTS.—Section ‘‘(j) PERIODIC SAFETY REVIEWS OF PRO- COACH FIRES.—The Secretary shall examine the principle causes of motorcoach fires and 13902(b) is amended— VIDERS OF MOTORCOACH SERVICES.— vehicle design changes intended to reduce (1) by redesignating paragraphs (1) through ‘‘(1) SAFETY REVIEW.— the number of motorcoach fires resulting (8) as paragraphs (4) through (11), respec- ‘‘(A) IN GENERAL.—The Secretary shall— tively; and ‘‘(i) determine the safety fitness of all pro- from those principle causes. (2) by inserting before paragraph (4), as re- viders of motorcoach services registered (b) DEADLINE.—Not later than 42 months designated, the following: with the Federal Motor Carrier Safety Ad- after the date of enactment of this Act, the ‘‘(1) ADDITIONAL REGISTRATION REQUIRE- ministration; and Secretary shall— MENTS FOR PROVIDERS OR MOTORCOACH SERV- ‘‘(ii) assign a safety fitness rating to each (1) issue final rules in accordance with sub- ICES.—In addition to meeting the require- such provider. section (a); or ments under subsection (a)(1), the Secretary ‘‘(B) APPLICABILITY.—Subparagraph (A) (2) if the Secretary determines that any may not register a person to provide motor- shall apply— standard is not warranted based on the re- coach services until after the person— ‘‘(i) to any provider of motorcoach services quirements and considerations set forth in ‘‘(A) undergoes a preauthorization safety registered with the Administration after the subsection (a) and (b) of section 30111 of title audit, including verification, in a manner date of enactment of the Motorcoach En- 49, United States Code, submit a report that sufficient to demonstrate the ability to com- hanced Safety Act of 2012 beginning not later describes the reasons for not prescribing ply with Federal rules and regulations, of— than 2 years after the date of such registra- such a standard to— ‘‘(i) a drug and alcohol testing program tion; and (A) the Committee on Commerce, Science, under part 40 of title 49, Code of Federal Reg- ‘‘(ii) to any provider of motorcoach serv- and Transportation of the Senate; and ulations; ices registered with the Administration on (B) the Committee on Energy and Com- ‘‘(ii) the carrier’s system of compliance or before the date of enactment of that Act merce of the House of Representatives. with hours-of-service rules, including hours- beginning not later than 3 years after the of-service records; date of enactment of that Act. (c) TIRE PERFORMANCE STANDARD.—Not ‘‘(iii) the ability to obtain required insur- ‘‘(2) PERIODIC REVIEW.—The Secretary shall later than 3 years after the date of enact- ance; establish, by regulation, a process for moni- ment of this Act, the Secretary shall— ‘‘(iv) driver qualifications, including the toring the safety performance of each pro- (1) issue a final rule upgrading perform- validity of the commercial driver’s license of vider of motorcoach services on a regular ance standards for tires used on each driver who will be operating under such basis following the assignment of a safety motorcoaches, including an enhanced endur- authority; fitness rating, including progressive inter- ance test and a new high-speed performance ‘‘(v) disclosure of common ownership, com- vention to correct unsafe practices. test; or mon control, common management, common ‘‘(3) ENFORCEMENT STRIKE FORCES.—In addi- (2) if the Secretary determines that a familial relationship, or other corporate re- tion to the enhanced monitoring and en- standard is not warranted based on the re- lationship with another motor carrier or ap- forcement actions required under paragraph quirements and considerations set forth in plicant for motor carrier authority during (2), the Secretary may organize special en- subsections (a) and (b) of section 30111 of the past 3 years; forcement strike forces targeting providers title 49, United States Code, submit a report ‘‘(vi) records of the State inspections, or of of motorcoach services. that describes the reasons for not prescribing a Level I or V Commercial Vehicle Safety ‘‘(4) PERIODIC UPDATE OF SAFETY FITNESS such a standard to— Alliance Inspection, for all vehicles that will RATING.—In conducting the safety reviews re- (A) the Committee on Commerce, Science, be operated by the carrier; quired under this subsection, the Secretary and Transportation of the Senate; and ‘‘(vii) safety management programs, in- shall reassess the safety fitness rating of (B) the Committee on Energy and Com- cluding vehicle maintenance and repair pro- each provider not less frequently than once merce of the House of Representatives. grams; and every 3 years.

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‘‘(5) MOTORCOACH SERVICES DEFINED.—In (2) the effectiveness of existing Federal (3) evaluate the impacts and frequency of this subsection, the term ‘provider of motor- standards for the inspection of such vehicles violations in excess of the Federal size and coach services’ has the meaning given such in— weight law and regulations to determine the term in section 32702 of the Motorcoach En- (A) mitigating the risks described in para- cost of the enforcement of the law and regu- hanced Safety Act of 2012.’’. graph (1); and lations, and the effectiveness of the enforce- SEC. 32708. REPORT ON FEASIBILITY, BENEFITS, (B) ensuring the safe and proper operation ment methods; AND COSTS OF ESTABLISHING A SYS- condition of such vehicles; and (4) examine the relationship between truck TEM OF CERTIFICATION OF TRAIN- (3) the costs and benefits of a mandatory performance and crash involvement and its ING PROGRAMS. State inspection program. correlation to Federal size and weight limits, Not later than 2 years after the date of the SEC. 32712. DISTRACTED DRIVING. including the impacts on crashes; enactment of this Act, the Secretary shall (a) IN GENERAL.—Chapter 311, as amended (5) assess the impacts that truck size and submit a report to the Committee on Com- by sections 32113, 32508, and 32512 of this Act, weight limits in excess of the Federal law merce, Science, and Transportation of the is amended by adding after section 31154 the and regulations have in the risk of bridge Senate and the Committee on Transpor- following: failure contributing to the structural defi- tation and Infrastructure of the House of ‘‘§ 31155. Regulation of the use of distracting ciencies of bridges or in the useful life of a Representatives that describes the feasi- devices in motorcoaches bridge, including the impacts resulting from bility, benefits, and costs of establishing a ‘‘(a) IN GENERAL.—Not later than 1 year the number of bridge loadings; system of certification of public and private (6) analyze the impacts on safety and infra- schools and of motor carriers and motor- after the date of enactment of the Motor- coach Enhanced Safety Act of 2012, the Sec- structure in each State that allows a truck coach operators that provide motorcoach to operate in excess of Federal size and driver training. retary of Transportation shall prescribe reg- ulations on the use of electronic or wireless weight limitations in truck-only lanes; SEC. 32709. REPORT ON DRIVER’S LICENSE RE- devices, including cell phones and other dis- (7) compare and contrast the safety and in- QUIREMENTS FOR 9- TO 15-PAS- tracting devices, by an individual employed frastructure impacts of the Federal limits SENGER VANS. regarding truck size and weight limits in re- (a) IN GENERAL.—Not later than 18 months as the operator of a motorcoach (as defined lation to— after the date of enactment of this Act, the in section 32702 of that Act). (A) six-axle and other alternative configu- Secretary shall submit a report to the Com- ‘‘(b) BASIS FOR REGULATIONS.—The Sec- rations of tractor-trailers; and mittee on Commerce, Science, and Transpor- retary shall base the regulations prescribed (B) safety records of foreign nations with tation of the Senate and the Committee on under subsection (a) on accident data anal- truck size and weight limits and tractor- Transportation and Infrastructure of the ysis, the results of ongoing research, and trailer configurations that differ from the House of Representatives that examines re- other information, as appropriate. ‘‘(c) PROHIBITED USE.—Except as provided Federal law and regulations; and quiring all or certain classes of drivers oper- under subsection (d), the Secretary shall pro- (8) estimate— ating a vehicle, which is designed or used to hibit the use of the devices described in sub- (A) the extent to which freight would be di- transport not fewer than 9 and not more section (a) in circumstances in which the verted from other surface transportation than 15 passengers (including a driver) in Secretary determines that their use inter- modes to principal arterial routes and Na- interstate commerce, to have a commercial feres with a driver’s safe operation of a mo- tional Highway System intermodal connec- driver’s license passenger-carrying endorse- torcoach. tors if each covered truck configuration is ment and be tested in accordance with a ‘‘(d) PERMITTED USE.—The Secretary may allowed to operate and the effect that any drug and alcohol testing program under part permit the use of a device that is otherwise such diversion would have on other modes of 40 of title 49, Code of Federal Regulations. prohibited under subsection (c) if the Sec- transportation; (b) CONSIDERATIONS.—In developing the re- retary determines that such use is necessary port under subsection (a), the Secretary (B) the effect that any such diversion for the safety of the driver or the public in shall consider— would have on public safety, infrastructure, emergency circumstances.’’. (1) the safety benefits of the requirement cost responsibilities, fuel efficiency, and the (b) CONFORMING AMENDMENT.—The analysis environment; described in subsection (a); for chapter 311 is amended by inserting after (2) the scope of the population that would (C) the effect on the transportation net- the item relating to section 31154 the fol- work of the United States that allowing each be impacted by such requirement; lowing: (3) the cost to the Federal Government and covered truck configuration to operate ‘‘31155. Regulation of the use of distracting State governments to meet such require- would have; and devices in motorcoaches.’’. ment; and (D) whether allowing each covered truck (4) the impact on safety benefits and cost SEC. 32713. REGULATIONS. configuration to operate would result in an from limiting the application of such re- Any standard or regulation prescribed or increase or decrease in the total number of quirement to certain drivers of such vehi- modified pursuant to the Motorcoach En- trucks operating on principal arterial routes cles, such as drivers who are compensated for hanced Safety Act of 2012 shall be prescribed and National Highway System intermodal driving. or modified in accordance with section 553 of connectors; and title 5, United States Code. (9) identify all Federal rules and regula- SEC. 32710. EVENT DATA RECORDERS. tions impacted by changes in truck size and (a) EVALUATION.—Not later than 1 year Subtitle H—Safe Highways and weight limits. after the date of enactment of this Act, the Infrastructure Preservation Secretary, after considering the performance SEC. 32801. COMPREHENSIVE TRUCK SIZE AND (b) REPORT.—Not later than 2 years after requirements for event data recorders for WEIGHT LIMITS STUDY. the date that the study is commenced under passenger vehicles under part 563 of title 49, (a) TRUCK SIZE AND WEIGHT LIMITS subsection (a), the Secretary shall submit a Code of Federal Regulations, shall complete STUDY.—Not later than 90 days after the date final report on the study, including all find- an evaluation of event data recorders, in- of enactment of this Act, the Secretary, in ings and recommendations, to the Com- cluding requirements regarding specific consultation with each relevant State and mittee on Commerce, Science, and Transpor- types of vehicle operations, events and inci- other applicable Federal agencies, shall com- tation and the Committee on Environment dents, and systems information to be re- mence a comprehensive truck size and and Public Works of the Senate and the corded, for event data recorders to be used weight limits study. The study shall— Committee on Transportation and Infra- on motorcoaches used by motor carriers in (1) provide data on accident frequency and structure of the House of Representatives. interstate commerce. factors related to accident risk of each route SEC. 32802. COMPILATION OF EXISTING STATE (b) STANDARDS AND REGULATIONS.—Not of the National Highway System in each TRUCK SIZE AND WEIGHT LIMIT later than 2 years after completing the eval- State that allows a vehicle to operate with LAWS. uation required under subsection (a), the size and weight limits that are in excess of (a) IN GENERAL.—Not later than 90 days Secretary shall issue standards and regula- the Federal law and regulations and its cor- after the date of enactment of this Act, the tions based on the results of that evaluation. relation to truck size and weight limits; Secretary, in consultation with the States, SEC. 32711. SAFETY INSPECTION PROGRAM FOR (2) evaluate the impacts to the infrastruc- shall begin to compile— COMMERCIAL MOTOR VEHICLES OF ture of each route of the National Highway (1) a list for each State, as applicable, that PASSENGERS. System in each State that allows a vehicle describes each route of the National High- Not later than 3 years after the date of en- to operate with size and weight limits that way System that allows a vehicle to operate actment of this Act, the Secretary shall are in excess of the Federal law and regula- in excess of the Federal truck size and complete a rulemaking proceeding to con- tions, including— weight limits that— sider requiring States to conduct annual in- (A) an analysis that quantifies the cost and (A) was authorized under State law on or spections of commercial motor vehicles de- benefits of the impacts in dollars; before the date of enactment of this Act; and signed or used to transport passengers, in- (B) an analysis of the percentage of trucks (B) was in actual and lawful operation on a cluding an assessment of— operating in excess of the Federal size and regular or periodic basis (including seasonal (1) the risks associated with improperly weight limits; and operations) on or before the date of enact- maintained or inspected commercial motor (C) an analysis that examines the ability of ment of this Act; vehicles designed or used to transport pas- each State to recover the cost for the im- (2) a list for each State, as applicable, that sengers; pacts, or the benefits incurred; describes—

VerDate Mar 15 2010 01:58 Mar 08, 2012 Jkt 099060 PO 00000 Frm 00111 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S17FE2.REC S17FE2 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S990 CONGRESSIONAL RECORD — SENATE February 17, 2012 (A) the size and weight limitations applica- portation Equity Act: A Legacy for Users (49 SEC. 32915. REGISTRATION REQUIREMENTS. ble to each segment of the National Highway U.S.C. 31100 note), is amended by inserting (a) REQUIREMENTS FOR REGISTRATION.—Sec- System in that State as listed under para- ‘‘nonprofit employee labor organizations rep- tion 13901 is amended to read as follows: graph (1); resenting commercial motor vehicle driv- ‘‘§ 13901. Requirements for registration (B) each combination that exceeds the ers,’’ after ‘‘industry,’’. ‘‘(a) IN GENERAL.—A person may not pro- Interstate weight limit, but that the Depart- (b) TERMINATION DATE.—Section 4144(d) of vide transportation as a motor carrier sub- ment of Transportation, other Federal agen- the Safe, Accountable, Flexible, Efficient ject to jurisdiction under subchapter I of cy, or a State agency has determined on or Transportation Equity Act: A Legacy for chapter 135 or service as a freight forwarder before the date of enactment of this Act, Users (49 U.S.C. 31100 note), is amended by subject to jurisdiction under subchapter III could be or could have been lawfully oper- striking ‘‘March 31, 2012’’ and inserting ‘‘Sep- of such chapter, or be a broker for transpor- ated in the State; and tember 30, 2013’’. tation subject to jurisdiction under sub- (C) each combination that exceeds the SEC. 32914. WAIVERS, EXEMPTIONS, AND PILOT chapter I of such chapter unless the person is Interstate weight limit, but that the Sec- PROGRAMS. registered under this chapter to provide such retary determines could have been lawfully (a) WAIVER STANDARDS.—Section 31315(a) is amended— transportation or service. operated on a non-Interstate segment of the (1) by inserting ‘‘and’’ at the end of para- ‘‘(b) REGISTRATION NUMBERS.— National Highway System in the State on or graph (2); ‘‘(1) IN GENERAL.—If the Secretary registers before the date of enactment of this Act; and (2) by striking paragraph (3); and a person under this chapter to provide trans- (3) a list of each State law that designates (3) redesignating paragraph (4) as para- portation or service, including as a motor or allows designation of size and weight limi- graph (3). carrier, freight forwarder, or broker, the Sec- tations in excess of Federal law and regula- (b) EXEMPTION STANDARDS.—Section retary shall issue a distinctive registration tions on routes of the National Highway Sys- 31315(b)(4) is amended— number to the person for each such author- tem, including nondivisible loads. (1) in subparagraph (A), by inserting ‘‘(or, ity to provide transportation or service for (b) SPECIFICATIONS.—The Secretary, in con- in the case of a request for an exemption which the person is registered. sultation with the States, shall specify from the physical qualification standards for ‘‘(2) TRANSPORTATION OR SERVICE TYPE INDI- whether the determinations under para- commercial motor vehicle drivers, post on a CATOR.—A number issued under paragraph (1) graphs (1) and (2) of subsection (a) were made web site established by the Secretary to im- shall include an indicator of the type of by the Department of Transportation, other plement the requirements of section 31149)’’ transportation or service for which the reg- Federal agency, or a State agency. after ‘‘Federal Register’’; (c) REPORT.—Not later than 2 years after istration number is issued, including wheth- (2) by amending subparagraph (B) to read the date of enactment of this Act, the Sec- er the registration number is issued for reg- as follows: retary shall submit a final report of the com- istration of a motor carrier, freight for- ‘‘(B) UPON GRANTING A REQUEST.—Upon pilation under subsection (a) to the Com- warder, or broker. granting a request and before the effective mittee on Commerce, Science, and Transpor- ‘‘(c) SPECIFICATION OF AUTHORITY.—For date of the exemption, the Secretary shall tation and the Committee on Environment each agreement to provide transportation or publish in the Federal Register (or, in the and Public Works of the Senate and the service for which registration is required case of an exemption from the physical qual- Committee on Transportation and Infra- under this chapter, the registrant shall ification standards for commercial motor ve- structure of the House of Representatives. specify, in writing, the authority under hicle drivers, post on a web site established which the person is providing such transpor- Subtitle I—Miscellaneous by the Secretary to implement the require- tation or service.’’. PART I—MISCELLANEOUS ments of section 31149) the name of the per- (b) AVAILABILITY OF INFORMATION.— SEC. 32911. DETENTION TIME STUDY. son granted the exemption, the provisions (1) IN GENERAL.—Chapter 139 is amended by (a) STUDY.—Not later than 30 days after from which the person is exempt, the effec- adding at the end the following: the date of enactment of this Act, the Sec- tive period, and the terms and conditions of ‘‘§ 13909. Availability of information retary shall task the Motor Carrier Safety the exemption.’’; and Advisory Committee to study the extent to (3) in subparagraph (C), by inserting ‘‘(or, ‘‘The Secretary shall make information re- which detention time contributes to drivers in the case of a request for an exemption lating to registration and financial security violating hours of service requirements and from the physical qualification standards for required by this chapter publicly available driver fatigue. In conducting this study, the commercial motor vehicle drivers, post on a on the Internet, including Committee shall— web site established by the Secretary to im- ‘‘(1) the names and business addresses of (1) examine data collected from driver and plement the requirements of section 31149)’’ the principals of each entity holding such vehicle inspections; after ‘‘Federal Register’’. registration; and (2) consult with— (c) PROVIDING NOTICE OF EXEMPTIONS TO ‘‘(2) the electronic address of the entity’s (A) motor carriers and drivers, shippers, STATE PERSONNEL.—Section 31315(b)(7) is surety provider for the submission of and representatives of ports and other facili- amended to read as follows: claims.’’. ties where goods are loaded and unloaded; ‘‘(7) NOTIFICATION OF STATE COMPLIANCE (2) CONFORMING AMENDMENT.—The analysis (B) government officials; and AND ENFORCEMENT PERSONNEL.—Before the ef- for chapter 139 is amended by adding at the (C) other parties as appropriate; and fective date of an exemption, the Secretary end the following: (3) provide recommendations to the Sec- shall notify a State safety compliance and ‘‘13909. Availability of information.’’. retary for addressing issues identified in the enforcement agency, and require the agency SEC. 32916. ADDITIONAL MOTOR CARRIER REG- study. pursuant to section 31102(b)(1)(Y) to notify ISTRATION REQUIREMENTS. (b) REPORT.—Not later than 18 months the State’s roadside inspectors, that a person Section 13902, as amended by sections 32101 after the date of enactment of this Act, the will be operating pursuant to an exemption and 32107(a) of this Act, is amended Secretary shall provide a report to the Com- and the terms and conditions that apply to (1) in subsection (a)— mittee on Commerce, Science, and Transpor- the exemption.’’. (A) in paragraph (1), by inserting ‘‘using tation of the Senate and the Committee on (d) PILOT PROGRAMS.—Section 31315(c)(1) is self-propelled vehicles the motor carrier Transportation and Infrastructure of the amended by striking ‘‘in the Federal Reg- owns or leases’’ after ‘‘motor carrier’’; and House of Representatives that includes rec- ister’’. (B) by adding at the end the following: ommendations for legislation and for ad- (e) REPORT TO CONGRESS.—Section 31315 is ‘‘(6) SEPARATE REGISTRATION REQUIRED.—A dressing the results of the study. amended by adding after subsection (d) the motor carrier may not broker transportation following: SEC. 32912. PROHIBITION OF COERCION. services unless the motor carrier has reg- ‘‘(e) REPORT TO CONGRESS.—The Secretary Section 31136(a) is amended by— istered as a broker under this chapter.’’; and shall submit an annual report to the Com- (2) by inserting after subsection (h) the fol- (1) striking ‘‘and’’ at the end of paragraph mittee on Commerce, Science, and Transpor- lowing: (3); tation of the Senate and the Committee on (2) striking the period at the end of para- Transportation and Infrastructure of the ‘‘(i) REGISTRATION AS FREIGHT FORWARDER graph (4) and inserting ‘‘; and’’; and House of Representatives listing the waivers, OR BROKER REQUIRED.—A motor carrier reg- (3) adding after subsection (4) the fol- exemptions, and pilot programs granted istered under this chapter lowing: under this section, and any impacts on safe- ‘‘(1) may only provide transportation of ‘‘(5) an operator of a commercial motor ve- ty. property with self-propelled motor vehicles hicle is not coerced by a motor carrier, ship- ‘‘(f) WEB SITE.—The Secretary shall ensure owned or leased by the motor carrier or per, receiver, or transportation intermediary that the Federal Motor Carrier Safety Ad- interchanges under regulations issued by the to operate a commercial motor vehicle in ministration web site includes a link to the Secretary if the originating carrier— violation of a regulation promulgated under web site established by the Secretary to im- ‘‘(A) physically transports the cargo at this section, or chapter 51 or chapter 313 of plement the requirements under sections some point; and this title.’’. 31149 and 31315. The link shall be in a clear ‘‘(B) retains liability for the cargo and for SEC. 32913. MOTOR CARRIER SAFETY ADVISORY and conspicuous location on the home page payment of interchanged carriers; and COMMITTEE. of the Federal Motor Carrier Safety Admin- ‘‘(2) may not arrange transportation de- (a) MEMBERSHIP.—Section 4144(b)(1) of the istration web site and be easily accessible to scribed in paragraph (1) unless the motor Safe, Accountable, Flexible, Efficient Trans- the public.’’. carrier has obtained a separate registration

VerDate Mar 15 2010 01:58 Mar 08, 2012 Jkt 099060 PO 00000 Frm 00112 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S17FE2.REC S17FE2 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 17, 2012 CONGRESSIONAL RECORD — SENATE S991 as a freight forwarder or broker for transpor- ‘‘(B) shall remain in effect for such period ‘‘(i) respond to the claim on or before the tation under section 13903 or 13904, as appli- as the Secretary determines appropriate by 30th day following the date on which the no- cable.’’. regulation. tice was received; and SEC. 32917. REGISTRATION OF FREIGHT FOR- ‘‘(2) REISSUANCE OF REGISTRATION.— ‘‘(ii) in the case of a denial, set forth in WARDERS AND BROKERS. ‘‘(A) REQUIREMENT.—Not later than 4 years writing for the claimant the grounds for the (a) REGISTRATION OF FREIGHT FOR- after the date of the enactment of the Com- denial. WARDERS.—Section 13903, as amended by sec- mercial Motor Vehicle Safety Enhancement ‘‘(C) COSTS AND ATTORNEY’S FEES.—In any tion 32107(b) of this Act, is amended— Act of 2012, the Secretary shall require a action against a surety provider to recover (1) in subsection (a)— freight forwarder or broker to renew its reg- on a claim described in subparagraph (A), the (A) by striking ‘‘finds that the person is istration issued under this chapter. prevailing party shall be entitled to recover fit’’ and inserting the following: ‘‘determines ‘‘(B) EFFECTIVE PERIOD.—Each registration its reasonable costs and attorney’s fees. renewal under subparagraph (A)— that the person ‘‘(3) MINIMUM FINANCIAL SECURITY.—Each ‘‘(i) shall expire not later than 5 years ‘‘(1) has sufficient experience to qualify the broker subject to the requirements of this after the date of such renewal; and person to act as a freight forwarder; and section shall provide financial security of ‘‘(ii) may be further renewed as provided ‘‘(2) is fit’’; and $100,000 for purposes of this subsection, re- under this chapter. (B) by striking ‘‘and the Board’’; gardless of the number of branch offices or ‘‘(3) REGISTRATION UPDATE.—The Secretary (2) by redesignating subsections (b) and (c) sales agents of the broker. as subsections (d) and (e), respectively; shall require a motor carrier, freight for- warder, or broker to update its registration ‘‘(4) CANCELLATION NOTICE.—If a financial (3) by inserting after subsection (a) the fol- security required under this subsection is lowing: under this chapter periodically or not later than 30 days after any change in address, canceled ‘‘(b) DURATION.—A registration issued ‘‘(A) the holder of the financial security under subsection (a) shall only remain in ef- other contact information, officers, process agent, or other essential information, as de- shall provide electronic notification to the fect while the freight forwarder is in compli- Secretary of the cancellation not later than ance with section 13906(c). termined by the Secretary and published in the Federal Register.’’. 30 days before the effective date of the can- ‘‘(c) EXPERIENCE OR TRAINING REQUIRE- SEC. 32919. FINANCIAL SECURITY OF BROKERS cellation; and MENT.—Each freight forwarder shall employ, AND FREIGHT FORWARDERS. ‘‘(B) the Secretary shall immediately post as an officer, an individual who (a) IN GENERAL.—Section 13906 is amended such notification on the public Internet ‘‘(1) has at least 3 years of relevant experi- by striking subsections (b) and (c) and in- Website of the Department of Transpor- ence; or serting the following: tation. ‘‘(2) provides the Secretary with satisfac- ‘‘(b) BROKER FINANCIAL SECURITY REQUIRE- ‘‘(5) SUSPENSION.—The Secretary shall im- tory evidence of the individual’s knowledge MENTS.— mediately suspend the registration of a of related rules, regulations, and industry ‘‘(1) REQUIREMENTS.— broker issued under this chapter if the avail- practices.’’; and ‘‘(A) IN GENERAL.—The Secretary may reg- able financial security of that person falls (4) by amending subsection (d), as redesig- ister a person as a broker under section 13904 below the amount required under this sub- nated, to read as follows: only if the person files with the Secretary a section. ‘‘(d) REGISTRATION AS MOTOR CARRIER RE- surety bond, proof of trust fund, or other fi- ‘‘(6) PAYMENT OF CLAIMS IN CASES OF FINAN- QUIRED.—A freight forwarder may not pro- nancial security, or a combination thereof, CIAL FAILURE OR INSOLVENCY.—If a broker vide transportation as a motor carrier unless in a form and amount, and from a provider, registered under this chapter experiences fi- the freight forwarder has registered sepa- determined by the Secretary to be adequate nancial failure or insolvency, the surety pro- rately under this chapter to provide trans- to ensure financial responsibility. vider of the broker shall portation as a motor carrier.’’. ‘‘(B) USE OF A GROUP SURETY BOND, TRUST ‘‘(A) submit a notice to cancel the finan- (b) REGISTRATION OF BROKERS.—Section FUND, OR OTHER SURETY.—In implementing 13904, as amended by section 32107(c) of this cial security to the Administrator in accord- the standards established by subparagraph ance with paragraph (4); Act, is amended— (A), the Secretary may authorize the use of ‘‘(B) publicly advertise for claims for 60 (1) in subsection (a), by striking ‘‘finds a group surety bond, trust fund, or other fi- days beginning on the date of publication by that the person is fit’’ and inserting the fol- nancial security, or a combination thereof, the Secretary of the notice to cancel the fi- lowing: ‘‘determines that the person that meets the requirements of this sub- nancial security; and ‘‘(1) has sufficient experience to qualify the section. ‘‘(C) pay, not later than 30 days after the person to act as a broker for transportation; ‘‘(C) SURETY BONDS.—A surety bond ob- expiration of the 60-day period for submis- and tained under this section may only be ob- sion of claims ‘‘(2) is fit’’; tained from a bonding company that has ‘‘(i) all uncontested claims received during (2) by redesignating subsections (b), (c), been approved by the Secretary of the Treas- (d), and (e) as subsections (d), (e), (f), and (g) ury. such period; or ‘‘(ii) a pro rata share of such claims if the respectively; ‘‘(D) PROOF OF TRUST OR OTHER FINANCIAL total amount of such claims exceeds the fi- (3) by inserting after subsection (a) the fol- SECURITY.—For purposes of subparagraph (A), lowing: a trust fund or other financial security may nancial security available. ‘‘(b) DURATION.—A registration issued be acceptable to the Secretary only if the ‘‘(7) PENALTIES.— under subsection (a) shall only remain in ef- trust fund or other financial security con- ‘‘(A) CIVIL ACTIONS.—Either the Secretary fect while the broker for transportation is in sists of assets readily available to pay claims or the Attorney General of the United States compliance with section 13906(b). without resort to personal guarantees or col- may bring a civil action in an appropriate ‘‘(c) EXPERIENCE OR TRAINING REQUIRE- lection of pledged accounts receivable. district court of the United States to enforce MENTS.—Each broker shall employ, as an of- ‘‘(2) SCOPE OF FINANCIAL RESPONSIBILITY.— the requirements of this subsection or a reg- ficer, an individual who ‘‘(A) PAYMENT OF CLAIMS.—A surety bond, ulation prescribed or order issued under this ‘‘(1) has at least 3 years of relevant experi- trust fund, or other financial security ob- subsection. The court may award appro- ence; or tained under paragraph (1) shall be available priate relief, including injunctive relief. ‘‘(2) provides the Secretary with satisfac- to pay any claim against a broker arising ‘‘(B) CIVIL PENALTIES.—If the Secretary de- tory evidence of the individual’s knowledge from its failure to pay freight charges under termines, after notice and opportunity for a of related rules, regulations, and industry its contracts, agreements, or arrangements hearing, that a surety provider of a broker practices.’’; and for transportation subject to jurisdiction registered under this chapter has violated (4) by amending subsection (d), as redesig- under chapter 135 if the requirements of this subsection or a reg- nated, to read as follows: ‘‘(i) subject to the review by the surety ulation prescribed under this subsection, the ‘‘(d) REGISTRATION AS MOTOR CARRIER RE- provider, the broker consents to the pay- surety provider shall be liable to the United QUIRED.—A broker for transportation may ment; States for a civil penalty in an amount not not provide transportation as a motor car- ‘‘(ii) in any case in which the broker does to exceed $10,000. rier unless the broker has registered sepa- not respond to adequate notice to address ‘‘(C) ELIGIBILITY.—If the Secretary deter- rately under this chapter to provide trans- the validity of the claim, the surety provider mines, after notice and opportunity for a portation as a motor carrier.’’. determines that the claim is valid; or hearing, that a surety provider of a broker SEC. 32918. EFFECTIVE PERIODS OF REGISTRA- ‘‘(iii) the claim is not resolved within a registered under this chapter has violated TION. reasonable period of time following a reason- the requirements of this subsection or a reg- Section 13905(c) is amended to read as fol- able attempt by the claimant to resolve the ulation prescribed under this subsection, the lows: claim under clauses (i) and (ii), and the surety provider shall be ineligible to pro- ‘‘(c) EFFECTIVE PERIOD.— claim is reduced to a judgment against the vider broker financial security for 3 years. ‘‘(1) IN GENERAL.—Except as otherwise pro- broker. ‘‘(8) FINANCIAL SECURITY AMOUNT ASSESS- vided in this part, each registration issued ‘‘(B) RESPONSE OF SURETY PROVIDERS TO MENT.—Every 5 years, the Secretary shall re- under section 13902, 13903, or 13904— CLAIMS.—If a surety provider receives notice view, with public notice and comment, the ‘‘(A) shall be effective beginning on the of a claim described in subparagraph (A), the amount of the financial security required date specified by the Secretary; and surety provider shall under this subsection to determine whether

VerDate Mar 15 2010 01:58 Mar 08, 2012 Jkt 099060 PO 00000 Frm 00113 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S17FE2.REC S17FE2 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S992 CONGRESSIONAL RECORD — SENATE February 17, 2012 such amounts are sufficient to provide ade- or damage to, property (other than property ‘‘(A) shall review, with public notice and quate financial security, and shall be author- referred to in subparagraph (C)), resulting comment, the amount of the financial secu- ized to increase those amounts, if necessary, from the negligent operation, maintenance, rity and insurance required under this sub- based upon that determination. or use of motor vehicles by, or under the di- section to determine whether such amounts ‘‘(c) FREIGHT FORWARDER FINANCIAL SECU- rection and control of, the freight forwarder are sufficient to provide adequate financial RITY REQUIREMENTS.— while providing transfer, collection, or deliv- security; and ‘‘(1) REQUIREMENTS.— ery service under this part. ‘‘(B) may increase such amounts, if nec- ‘‘(A) IN GENERAL.—The Secretary may reg- ‘‘(C) CARGO INSURANCE.—The Secretary essary, based upon the determination under ister a person as a freight forwarder under may require a registered freight forwarder to subparagraph (A).’’. section 13903 only if the person files with the file with the Secretary a surety bond, insur- (b) RULEMAKING.—Not later than 1 year Secretary a surety bond, proof of trust fund, ance policy, or other type of financial secu- after the date of enactment of this Act, the other financial security, or a combination of rity approved by the Secretary, that will pay Secretary shall issue regulations to imple- such instruments, in a form and amount, and an amount, not to exceed the amount of the ment and enforce the requirements under from a provider, determined by the Sec- financial security, for loss of, or damage to, subsections (b) and (c) of section 13906 of retary to be adequate to ensure financial re- property for which the freight forwarder pro- title 49, United States Code, as amended by sponsibility. vides service. subsection (a). ‘‘(B) USE OF A GROUP SURETY BOND, TRUST ‘‘(4) MINIMUM FINANCIAL SECURITY.—Each FUND, OR OTHER FINANCIAL SECURITY.—In im- freight forwarder subject to the require- (c) EFFECTIVE DATE.—The amendments plementing the standards established under ments of this section shall provide financial made by subsection (a) shall take effect on subparagraph (A), the Secretary may author- security of $100,000, regardless of the number the date that is 1 year after the date of en- ize the use of a group surety bond, trust of branch offices or sales agents of the actment of this Act. fund, other financial security, or a combina- freight forwarder. SEC. 32920. UNLAWFUL BROKERAGE ACTIVITIES. tion of such instruments, that meets the re- ‘‘(5) CANCELLATION NOTICE.—If a financial (a) IN GENERAL.—Chapter 149 is amended quirements of this subsection. security required under this subsection is by adding at the end the following: ‘‘(C) SURETY BONDS.—A surety bond ob- canceled tained under this section may only be ob- ‘‘(A) the holder of the financial security ‘‘§ 14916. Unlawful brokerage activities tained from a bonding company that has shall provide electronic notification to the ‘‘(a) PROHIBITED ACTIVITIES.—Any person been approved by the Secretary of the Treas- Secretary of the cancellation not later than that acts as a broker, other than a non-ves- ury. 30 days before the effective date of the can- sel-operating common carrier (as defined in ‘‘(D) PROOF OF TRUST OR OTHER FINANCIAL cellation; and section 40102(16) of title 46) or an ocean SECURITY.—For purposes of subparagraph (A), ‘‘(B) the Secretary shall immediately post freight forwarder providing brokerage as a trust fund or other financial security may such notification on the public Internet web part of an international through movement not be accepted by the Secretary unless the site of the Department of Transportation. involving ocean transportation between the trust fund or other financial security con- ‘‘(6) SUSPENSION.—The Secretary shall im- United States and a foreign port, is prohib- sists of assets readily available to pay claims mediately suspend the registration of a ited from providing interstate brokerage without resort to personal guarantees or col- freight forwarder issued under this chapter if services as a broker unless that person lection of pledged accounts receivable. its available financial security falls below ‘‘(1) is registered under, and in compliance ‘‘(2) SCOPE OF FINANCIAL RESPONSIBILITY.— the amount required under this subsection. with, section 13903; and ‘‘(A) PAYMENT OF CLAIMS.—A surety bond, ‘‘(7) PAYMENT OF CLAIMS IN CASES OF FINAN- ‘‘(2) has satisfied the financial security re- trust fund, or other financial security ob- CIAL FAILURE OR INSOLVENCY.—If a freight quirements under section 13904. tained under paragraph (1) shall be available forwarder registered under this chapter expe- to pay any claim against a freight forwarder riences financial failure or insolvency, the ‘‘(b) CIVIL PENALTIES AND PRIVATE CAUSE arising from its failure to pay freight surety provider of the freight forwarder shall OF ACTION.—Any person who knowingly au- charges under its contracts, agreements, or ‘‘(A) submit a notice to cancel the finan- thorizes, consents to, or permits, directly or arrangements for transportation subject to cial security to the Administrator in accord- indirectly, either alone or in conjunction jurisdiction under chapter 135 if ance with paragraph (5); with any other person, a violation of sub- ‘‘(i) subject to the review by the surety ‘‘(B) publicly advertise for claims for 60 section (a) is liable provider, the freight forwarder consents to days beginning on the date of publication by ‘‘(1) to the United States Government for a the payment; the Secretary of the notice to cancel the fi- civil penalty in an amount not to exceed ‘‘(ii) in the case the freight forwarder does nancial security; and $10,000 for each violation; and not respond to adequate notice to address ‘‘(C) pay, not later than 30 days after the ‘‘(2) to the injured party for all valid the validity of the claim, the surety provider expiration of the 60-day period for submis- claims incurred without regard to amount. determines the claim is valid; or sion of claims ‘‘(c) LIABLE PARTIES.—The liability for ‘‘(iii) the claim— ‘‘(i) all uncontested claims received during civil penalties and for claims under this sec- ‘‘(I) is not resolved within a reasonable pe- such period; or tion for unauthorized brokering shall apply, riod of time following a reasonable attempt ‘‘(ii) a pro rata share of such claims if the jointly and severally by the claimant to resolve the claim under total amount of such claims exceeds the fi- ‘‘(1) to any corporate entity or partnership clauses (i) and (ii); and nancial security available. involved; and ‘‘(II) is reduced to a judgment against the ‘‘(8) PENALTIES.— ‘‘(2) to the individual officers, directors, freight forwarder. ‘‘(A) CIVIL ACTIONS.—Either the Secretary and principals of such entities.’’. ‘‘(B) RESPONSE OF SURETY PROVIDERS TO or the Attorney General may bring a civil (b) CLERICAL AMENDMENT.—The analysis CLAIMS.—If a surety provider receives notice action in an appropriate district court of the for chapter 149 is amended by adding at the of a claim described in subparagraph (A), the United States to enforce the requirements of end the following: surety provider shall this subsection or a regulation prescribed or ‘‘(i) respond to the claim on or before the order issued under this subsection. The court ‘‘14916. Unlawful brokerage activities.’’. 30th day following receipt of the notice; and may award appropriate relief, including in- PART II—HOUSEHOLD GOODS ‘‘(ii) in the case of a denial, set forth in junctive relief. TRANSPORTATION writing for the claimant the grounds for the ‘‘(B) CIVIL PENALTIES.—If the Secretary de- denial. termines, after notice and opportunity for a SEC. 32921. ADDITIONAL REGISTRATION RE- QUIREMENTS FOR HOUSEHOLD ‘‘(C) COSTS AND ATTORNEY’S FEES.—In any hearing, that a surety provider of a freight GOODS MOTOR CARRIERS. action against a surety provider to recover forwarder registered under this chapter has on a claim described in subparagraph (A), the violated the requirements of this subsection (a) Section 13902(a)(2) is amended— prevailing party shall be entitled to recover or a regulation prescribed under this sub- (1) in subparagraph (B), by striking ‘‘sec- its reasonable costs and attorney’s fees. section, the surety provider shall be liable to tion 13702(c);’’ and inserting ‘‘section ‘‘(3) FREIGHT FORWARDER INSURANCE.— the United States for a civil penalty in an 13702(c); and’’; ‘‘(A) IN GENERAL.—The Secretary may reg- amount not to exceed $10,000. (2) by amending subparagraph (C) to read ister a person as a freight forwarder under ‘‘(C) ELIGIBILITY.—If the Secretary deter- as follows: section 13903 only if the person files with the mines, after notice and opportunity for a ‘‘(C) demonstrates, before being registered, Secretary a surety bond, insurance policy, or hearing, that a surety provider of a freight through successful completion of a pro- other type of financial security that meets forwarder registered under this chapter has ficiency examination established by the Sec- standards prescribed by the Secretary. violated the requirements of this subsection retary, knowledge and intent to comply with ‘‘(B) LIABILITY INSURANCE.—A financial se- or a regulation prescribed under this sub- applicable Federal laws relating to consumer curity filed by a freight forwarder under sub- section, the surety provider shall be ineli- protection, estimating, consumers’ rights paragraph (A) shall be sufficient to pay an gible to provide freight forwarder financial and responsibilities, and options for limita- amount, not to exceed the amount of the fi- security for 3 years. tions of liability for loss and damage.’’; and nancial security, for each final judgment ‘‘(9) FINANCIAL SECURITY AND INSURANCE (3) by striking subparagraph (D). against the freight forwarder for bodily in- AMOUNT ASSESSMENT.—Not less frequently (b) COMPLIANCE REVIEWS OF NEW HOUSE- jury to, or death of, an individual, or loss of, than once every 5 years, the Secretary— HOLD GOODS MOTOR CARRIERS.—Section

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31144(g), as amended by section 32102 of this (1) may partner with 1 or more household ‘‘(1) IN GENERAL.—The Secretary of Trans- Act, is amended by adding at the end the fol- goods motor carrier industry groups to im- portation shall maintain a program to en- lowing: plement the joint assistance program under sure that intermodal equipment used to ‘‘(6) ADDITIONAL REQUIREMENTS FOR HOUSE- subsection (a); and transport intermodal containers is safe and HOLD GOODS MOTOR CARRIERS.—(A) In addi- (2) shall ensure that each participating systematically maintained.’’; and tion to the requirements of this subsection, household goods motor carrier industry (2) by striking paragraph (4). the Secretary shall require, by regulation, group— (c) Section 31307(b) is amended by striking each registered household goods motor car- (A) implements the joint assistance pro- ‘‘Not later than December 18, 1994, the Sec- rier to undergo a consumer protection stand- gram in the best interest of the consumer; retary shall prescribe’’ and inserting ‘‘The ards review not later than 18 months after (B) implements the joint assistance pro- Secretary shall maintain’’. the household goods motor carrier begins op- gram in the public interest; (d) Section 31310(g)(1) is amended by strik- erations under such authority. (C) accurately represents its financial in- ing ‘‘Not later than 1 year after the date of ‘‘(B) ELEMENTS.—In the regulations issued terests in providing household goods mover enactment of this Act, the’’ and inserting pursuant to subparagraph (A), the Secretary services in the normal course of business and ‘‘The’’. shall establish the elements of the consumer in assisting consumers resolving hostage sit- protections standards review, including basic uations; (e) Section 4123(f) of the Safe, Accountable, management controls. In establishing the (D) does not hold itself out or misrepresent Flexible, Efficient Transportation Equity elements, the Secretary shall consider the itself as an agent of the Federal government; Act: A Legacy for Users (119 Stat. 1736), is effects on small businesses and shall consider (E) abides by Federal regulations and amended by striking ‘‘Not later than 1 year establishing alternate locations where such guidelines for the provision of assistance and after the date of enactment of this Act, the’’ reviews may be conducted for the conven- receipt of compensation for household goods and inserting ‘‘The’’. ience of small businesses.’’. mover services; and SEC. 32932. CORRECTION OF INTERSTATE COM- (c) EFFECTIVE DATE.—The amendments (F) accurately represents the Federal and MERCE COMMISSION REFERENCES. made by this section shall take effect 2 years State remedies that are available to con- (a) SAFETY INFORMATION AND INTERVENTION after the date of enactment of this Act. sumers for resolving interstate household IN INTERSTATE COMMERCE COMMISSION PRO- SEC. 32922. FAILURE TO GIVE UP POSSESSION OF goods hostage situations. CEEDINGS.—Chapter 3 is amended— HOUSEHOLD GOODS. (c) REPORT.—The Secretary shall submit a (1) by repealing section 307; (a) INJUNCTIVE RELIEF.—Section 14704(a)(1) report annually to the Committee on Com- (2) in the analysis, by striking the item re- is amended by striking ‘‘and 14103’’ and in- merce, Science, and Transportation of the lating to section 307; Senate and the Committee on Transpor- serting ‘‘, 14103, and 14915(c)’’. (3) in section 333(d)(1)(C), by striking tation and Infrastructure of the House of (b) CIVIL PENALTIES.—Section 14915(a)(1) is ‘‘Interstate Commerce Commission’’ and in- Representatives providing a detailed descrip- amended by adding at the end the following: serting ‘‘Surface Transportation Board’’; and tion of the joint assistance program under ‘‘The United States may assign all or a (4) in section 333(e)— subsection (a). portion of the civil penalty to an aggrieved (A) by striking ‘‘Interstate Commerce shipper. The Secretary of Transportation (d) PROHIBITION.—The joint assistance pro- gram under subsection (a) may not include Commission’’ and inserting ‘‘Surface Trans- shall establish criteria upon which such as- portation Board’’; and signments shall be made. The Secretary may the provision of funds by the United States to a consumer for lost, stolen, or damaged (B) by striking ‘‘Commission’’ and insert- order, after notice and an opportunity for a ing ‘‘Board’’. proceeding, that a person found holding a items. (b) FILING AND PROCEDURE FOR APPLICATION household goods shipment hostage return SEC. 32925. HOUSEHOLD GOODS CONSUMER EDU- TO ABANDON OR DISCONTINUE.—Section the goods to an aggrieved shipper.’’. CATION PROGRAM. (a) TASK FORCE.—The Secretary of Trans- 10903(b)(2) is amended by striking ‘‘24706(c) of SEC. 32923. SETTLEMENT AUTHORITY. portation shall establish a task force to de- this title’’ and inserting ‘‘24706(c) of this (a) SETTLEMENT OF GENERAL CIVIL PEN- velop recommendations to ensure that a con- title before May 31, 1998’’. ALTIES.—Section 14901 is amended by adding sumer is informed of Federal law concerning at the end the following: (c) TECHNICAL AMENDMENTS TO PART C OF the transportation of household goods by a SUBTITLE V.— ‘‘(h) SETTLEMENT OF HOUSEHOLD GOODS motor carrier, including recommendations— (1) Section 24307(b)(3) is amended by strik- CIVIL PENALTIES.—Nothing in this section (1) on how to condense publication ESA ing ‘‘Interstate Commerce Commission’’ and shall be construed to prohibit the Secretary 03005 of the Federal Motor Carrier Safety Ad- from accepting partial payment of a civil inserting ‘‘Surface Transportation Board’’. ministration into a format that can be more (2) Section 24311 is amended— penalty as part of a settlement agreement in easily used by a consumer; and the public interest, or from holding imposi- (A) by striking ‘‘Interstate Commerce (2) on the use of state-of-the-art education Commission’’ and inserting ‘‘Surface Trans- tion of any part of a civil penalty in abey- techniques and technologies, including the ance.’’. portation Board’’; use of the Internet as an educational tool. (B) by striking ‘‘Commission’’ each place it (b) SETTLEMENT OF HOUSEHOLD GOODS CIVIL (b) TASK FORCE MEMBERS.—The task force appears and inserting ‘‘Board’’; and PENALTIES.—Section 14915(a) is amended by shall be comprised of— adding at the end the following: (C) by striking ‘‘Commission’s’’ and insert- (1) individuals with expertise in consumer ing ‘‘Board’s’’. ‘‘(4) SETTLEMENT AUTHORITY.—Nothing in affairs; (3) Section 24902 is amended— this section shall be construed as prohibiting (2) educators with expertise in how people the Secretary from accepting partial pay- (A) by striking ‘‘Interstate Commerce learn most effectively; and Commission’’ each place it appears and in- ment of a civil penalty as part of a settle- (3) representatives of the household goods ment agreement in the public interest, or serting ‘‘Surface Transportation Board’’; and moving industry. (B) by striking ‘‘Commission’’ each place it from holding imposition of any part of a civil (c) RECOMMENDATIONS.—Not later than 1 appears and inserting ‘‘Board’’. penalty in abeyance.’’. year after the date of enactment of this Act, (4) Section 24904 is amended— the task force shall complete its rec- SEC. 32924. HOUSEHOLD GOODS TRANSPOR- (A) by striking ‘‘Interstate Commerce TATION ASSISTANCE PROGRAM. ommendations under subsection (a). Not Commission’’ and inserting ‘‘Surface Trans- (a) JOINT ASSISTANCE PROGRAM.—Not later later than 1 year after the task force com- portation Board’’; and than 18 months after the date of enactment pletes its recommendations under subsection (B) by striking ‘‘Commission’’ each place it of this Act, the Secretary shall develop and (a), the Secretary shall issue regulations im- appears and inserting ‘‘Board’’. implement a joint assistance program, plementing the recommendations, as appro- through the Federal Motor Carrier Safety priate. SEC. 32933. TECHNICAL AND CONFORMING Administration— (d) FEDERAL ADVISORY COMMITTEE ACT EX- AMENDMENTS. (1) to educate consumers about the house- EMPTION.—The Federal Advisory Committee (a) Section 13905(f)(1)(A) is amended by hold goods motor carrier industry pursuant Act (5 U.S.C. App.) shall not apply to the striking ‘‘section 13904(c)’’ and inserting to the recommendations of the task force es- task force. ‘‘section 13904(e)’’; (e) TERMINATION.—The task force shall ter- tablished under section 32925 of this Act; (b) Section 14504a(c)(1) is amended— minate 2 years after the date of enactment of (2) to improve the Federal Motor Carrier (1) in subparagraph (C), by striking ‘‘sec- this Act. Safety Administration’s implementation, tions’’ and inserting ‘‘section’’; and monitoring, and coordination of Federal and PART III—TECHNICAL AMENDMENTS (2) in subparagraph (D)(ii)(II) by striking State household goods enforcement activi- SEC. 32931. UPDATE OF OBSOLETE TEXT. the period at the end and inserting ‘‘; and’’. ties; (a) Section 31137(e), as redesignated by sec- (c) Section 31103(a) is amended by striking (3) to assist a consumer with the timely tion 32301 of this Act, is amended by striking ‘‘section 31102(b)(1)(E)’’ and inserting ‘‘sec- resolution of an interstate household goods ‘‘Not later than December 1, 1990, the Sec- tion 31102(b)(2)(E)’’. hostage situation, as appropriate; and retary shall prescribe’’ and inserting ‘‘The (4) to conduct other enforcement activities Secretary shall maintain’’. (d) Section 31103(b) is amended by striking as designated by the Secretary. (b) Section 31151(a) is amended— ‘‘authorized by section 31104(f)(2)’’. (b) JOINT ASSISTANCE PROGRAM PARTNER- (1) by amending paragraph (1) to read as (e) Section 31309(b)(2) is amended by strik- SHIP.—The Secretary— follows: ing ‘‘31308(2)’’ and inserting ‘‘31308(3)’’.

VerDate Mar 15 2010 01:58 Mar 08, 2012 Jkt 099060 PO 00000 Frm 00115 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S17FE2.REC S17FE2 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S994 CONGRESSIONAL RECORD — SENATE February 17, 2012 TITLE III—SURFACE TRANSPORTATION non-motorized transportation where travel ‘‘303. National surface transportation pol- AND FREIGHT POLICY ACT OF 2012 demand warrants; icy.’’; and SEC. 33001. SHORT TITLE. ‘‘(G) to reduce passenger and freight trans- (5) by inserting after the item relating to This title may be cited as the ‘‘Surface portation infrastructure-related delays en- section 311 the following: Transportation and Freight Policy Act of tering into and out of international points of ‘‘312. National freight transportation pol- 2012’’. entry on an annual basis; icy.’’. SEC. 33002. ESTABLISHMENT OF A NATIONAL ‘‘(H) to increase travel time reliability on SEC. 33003. SURFACE TRANSPORTATION AND SURFACE TRANSPORTATION AND major freight corridors that connect major FREIGHT STRATEGIC PLAN. FREIGHT POLICY. population centers to freight generators and (a) SURFACE TRANSPORTATION AND FREIGHT (a) IN GENERAL.—Subchapter I of chapter 3 international gateways on an annual basis; STRATEGIC PLAN.—Subchapter I of chapter 3 of title 49, United States Code, as amended ‘‘(I) to ensure adequate transportation of of title 49, United States Code, as amended by section 32932 of the Commercial Motor domestic energy supplies and promote en- by section 33002 of this Act, is amended by Vehicle Safety Enhancement Act of 2012, is ergy security; inserting after section 303 the following— amended— ‘‘(J) to maintain or reduce the percentage ‘‘§ 304. National surface transportation and (1) by redesignating sections 304 through of gross domestic product consumed by freight strategic performance plan. 306 as sections 307 through 309, respectively; transportation costs; and ‘‘(a) DEVELOPMENT.—Not later than 2 years ‘‘(K) to reduce transportation-related im- (2) by redesignating sections 308 and 309 as after the date of enactment of the Surface pacts on the environment and on commu- sections 310 and 311, respectively; Transportation and Freight Policy Act of nities. (3) by redesignating sections 303 and 303a 2012, the Secretary of Transportation shall ‘‘(2) BASELINES.—Not later than 2 years as sections 305 and 306, respectively; and develop and implement a National Surface after the date of enactment of the Surface (4) by inserting after section 302 the fol- Transportation and Freight Performance Transportation and Freight Policy Act of lowing: Plan to achieve the policy, objectives, and 2012, the Secretary shall develop baselines ‘‘§ 303. National surface transportation policy goals set forth in sections 303 and 312 . for the goals and shall determine appropriate ‘‘(a) POLICY.—It is the policy of the United ‘‘(b) CONTENTS.—The plan shall include— States to develop a comprehensive national methods of data collection to measure the ‘‘(1) an assessment of the current perform- surface transportation system that advances attainment of the goals.’’. ance of the national surface transportation (b) FREIGHT POLICY.—Subchapter I of chap- the national interest and defense, interstate system and an analysis of the system’s abil- ter 3 of title 49, United States Code, as and foreign commerce, the efficient and safe ity to achieve the policy, objectives, and amended by section 33002(a) of this Act, is interstate mobility of people and goods, and goals set forth in sections 303 and 312; amended by adding at the end the following: the protection of the environment. The sys- ‘‘(2) an analysis of emerging and long-term tem shall be built, maintained, managed, and ‘‘§ 312. National freight transportation policy. projected trends, including economic and na- operated as a partnership between the Fed- ‘‘(a) NATIONAL FREIGHT TRANSPORTATION tional trade policies, that will impact the eral, State, and local governments and the POLICY.—It is the policy of the United States performance, needs, and uses of the national private sector and shall be coordinated with to improve the efficiency, operation, and se- surface transportation system, including the the overall transportation system of the curity of the national transportation system system to move freight; United States, including the Nation’s air, to move freight by leveraging investments ‘‘(3) a description of the major challenges rail, pipeline, and water transportation sys- and promoting partnerships that advance to effectively meeting the policy, objectives, tems. The Secretary of Transportation shall interstate and foreign commerce, promote and goals set forth in sections 303 and 312 and be responsible for carrying out this policy. economic competitiveness and job creation, a plan to address such challenges; ‘‘(b) OBJECTIVES.—The objectives of the improve the safe and efficient mobility of ‘‘(4) a comprehensive strategy and invest- policy shall be to facilitate and advance— goods, and protect the public health and the ment plan to meet the policy, objectives, and ‘‘(1) the improved accessibility and reduced environment. goals set forth in sections 303 and 312, includ- travel times for persons and goods within ‘‘(b) OBJECTIVES.—The objectives of the ing a strategy to develop the coalitions, and between nations, regions, States, and policy are— partnerships, and other collaborative financ- metropolitan areas; ‘‘(1) to target investment in freight trans- ing efforts necessary to ensure stable, reli- ‘‘(2) the safety of the public; portation projects that strengthen the eco- able funding and completion of freight cor- ‘‘(3) the security of the Nation and the pub- nomic competitiveness of the United States ridors and projects; lic; with a focus on domestic industries and busi- ‘‘(5) initiatives to improve transportation ‘‘(4) environmental protection; nesses and the creation and retention of modeling, research, data collection, and ‘‘(5) energy conservation and security, in- high-value jobs; analysis, including those to assess impacts cluding reducing transportation-related en- ‘‘(2) to promote and advance energy con- on public health, and environmental condi- ergy use; servation and the environmental sustain- tions; ‘‘(6) international and interstate freight ability of freight movements; ‘‘(6) guidelines to encourage the appro- movement, trade enhancement, job creation, ‘‘(3) to facilitate and advance the safety priate balance of means to finance the na- and economic development; and health of the public, including commu- tional transportation system to move freight ‘‘(7) responsible planning to address popu- nities adjacent to freight movements; to implement the plan and the investment lation distribution and employment and sus- ‘‘(4) to provide for systematic and balanced plan proposed under paragraph (4); and tainable development; investment to improve the overall perform- ‘‘(7) a list of priority freight corridors and ‘‘(8) the preservation and adequate per- ance and reliability of the national transpor- gateways to be improved and developed to formance of system-critical transportation tation system to move freight, including en- meet the policy, objectives, and goals set assets, as defined by the Secretary; suring trade facilitation and transportation forth in section 312. ‘‘(9) reasonable access to the national sur- system improvements are mutually sup- ‘‘(c) CONSULTATION.—In developing the plan face transportation system for all system portive; required by subsection (a), the Secretary users, including rural communities; ‘‘(5) to promote partnerships between Fed- shall— ‘‘(10) the sustainable and adequate financ- eral, State, and local governments, the pri- ‘‘(1) consult with appropriate Federal agen- ing of the national surface transportation vate sector, and other transportation stake- cies, local, State, and tribal governments, system; and holders to leverage investments in freight public and private transportation stake- ‘‘(11) innovation in transportation services, transportation projects; and holders, non-profit organizations rep- infrastructure, and technology. ‘‘(6) to encourage adoption of operational resenting transportation employees, appro- ‘‘(c) GOALS.— policies, such as intelligent transportation priate foreign governments, and other inter- ‘‘(1) SPECIFIC GOALS.—The goals of the pol- systems, to improve the efficiency of freight- ested parties; icy shall be— related transportation movements and infra- ‘‘(2) consider on-going Federal, State, and ‘‘(A) to reduce average per capita peak pe- structure.’’. corridor-wide transportation plans; riod travel times on an annual basis; (c) CONFORMING AMENDMENTS.—The table ‘‘(3) provide public notice and hearings and ‘‘(B) to reduce national motor vehicle-re- of contents for chapter 3 of title 49, United solicit public comments on the plan, and lated and truck-related fatalities by 50 per- States Code, is amended— ‘‘(4) as appropriate, establish advisory cent by 2030; (1) by redesignating the items relating to committees to assist with developing the ‘‘(C) to reduce national surface transpor- sections 304 through 306 as sections 307 plan. tation delays per capita on an annual basis; through 309, respectively; ‘‘(d) SUBMITTAL AND PUBLICATION.—The ‘‘(D) to improve the access to employment (2) by redesignating the items relating to Secretary shall— opportunities and other economic activities; sections 308 and 309 as sections 310 and 311, ‘‘(1) submit the completed plan to the Com- ‘‘(E) to increase the percentage of system- respectively; mittee on Commerce, Science, and Transpor- critical surface transportation assets, as de- (3) by redesignating the items relating to tation of the Senate and the Committee on fined by the Secretary, that are in a state of sections 303 and 303a as sections 305 and 306, Transportation and Infrastructure of the good repair by 20 percent by 2030; respectively; House of Representatives; and ‘‘(F) to improve access to public transpor- (4) by inserting after the item relating to ‘‘(2) post the completed plan on the Depart- tation, intercity passenger rail services, and section 302 the following: ment of Transportation’s public web site.

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‘‘(e) PROGRESS REPORTS.—The Secretary SEC. 33004. TRANSPORTATION INVESTMENT Act, each program participant shall submit shall submit biennial progress reports on the DATA AND PLANNING TOOLS. to the Secretary a baseline report that— implementation of the plan beginning 2 (a) IN GENERAL.—Not later than 2 years (A) describes the reporting and data collec- years after the date of submittal of the plan after the date of enactment of this Act, the tion processes of the program participant for under subsection (d)(1). Each progress report Secretary shall— transportation investments that are in effect (1) develop new tools or improve existing on the date of the report; shall— tools to support an outcome-oriented, per- (B) assesses how effective the program par- ‘‘(1) describe progress made toward fully formance-based approach to evaluate pro- ticipant is in achieving the national surface implementing the plan and achieving the posed freight-related and other surface transportation goals in section 303 of title 49, policies, objectives, and goals established transportation projects. These new or im- United States Code; under sections 303 and 312; proved tools shall include— (C) describes potential improvements to ‘‘(2) describe challenges and obstacles to (A) a systematic cost-benefit analysis that the methods and metrics used to measure full implementation; supports a valuation of modal alternatives; the effectiveness of the program participant ‘‘(3) describe updates to the plan necessary (B) an evaluation of external effects on in achieving national surface transportation to reflect changed circumstances or new de- congestion, pollution, the environment, and goals in section 303 of title 49, United States velopments; and the public health; and Code, and the challenges to implementing ‘‘(4) make policy and legislative rec- (C) other elements to assist in effective such improvements; and ommendations the Secretary believes are transportation planning; and (D) includes an assessment of whether, and necessary and appropriate to fully imple- (2) facilitate the collection of transpor- specific reasons why, the preparation and ment the plan. tation-related data to support a broad range submission of the baseline report may be ‘‘(f) DATA.—The Secretary shall have the of evaluation methods and techniques such limited, incomplete, or unduly burdensome, authority to conduct studies, gather infor- as demand forecasts, modal diversion fore- including any recommendations for facili- mation, and require the production of data casts, estimates of the effect of proposed in- tating the preparation and submission of necessary to develop or update this plan, vestments on congestion, pollution, public similar reports in the future. consistent with Federal privacy standards. health, and other factors, to assist in mak- (2) EVALUATION.—Each program partici- ing transportation investment decisions. At pant shall work cooperatively with the Sec- ‘‘(g) IMPLEMENTATION.—The Secretary a minimum, the Secretary, in consultation retary to evaluate the methods and metrics shall— with other relevant Federal agencies, shall used to measure the effectiveness of the pro- ‘‘(1) develop appropriate performance cri- consider any improvements to the Com- gram participant in achieving national sur- teria and data collections systems for each modity Flow Survey that reduce identified face transportation goals in section 303 of Federal surface transportation program con- freight data gaps and deficiencies and help title 49, United States Code, including— sistent with this chapter and the Secretary’s evaluate forecasts of transportation demand. (A) by considering the degree to which statutory authority within these programs (b) CONSULTATION.—To the extent prac- such methods and metrics take into ac- to evaluate: ticable, the Secretary shall consult with count— ‘‘(A) whether such programs are consistent Federal, State, and local transportation (i) the factors that influence the effective- with the policy, objectives, and goals estab- planners to develop, improve, and implement ness of the program participant in achieving lished by sections 303 and 312; and the tools and collect the data under sub- the national surface transportation goals; ‘‘(B) how effective such programs are in section (a). (ii) all modes of transportation; and contributing to the achievement of the pol- (c) ESTABLISHMENT OF PILOT PROGRAM.— (iii) the transportation program as a icy, objectives, and goals established by sec- (1) ESTABLISHMENT.—To assist in the devel- whole, rather than individual projects within tions 303 and 312; opment of tools under subsection (a) and to the transportation program; and ‘‘(2) using the criteria developed under inform the National Surface Transportation (B) by identifying steps that could be used paragraph (1), periodically evaluate each and Freight Performance Plan required by to implement the potential improvements such program and provide the results to the section 304 of title 49, United States Code, identified under paragraph (1)(C). public; the Secretary shall establish a pilot program (3) FINAL REPORT.—Not later than 18 ‘‘(3) based on the evaluation performed under which the Secretary shall conduct months after the date of enactment of this under paragraph (2), make any necessary case studies of States and metropolitan plan- section, each program participant shall sub- changes or improvements to such programs ning organizations that are designed— mit to the Secretary a comprehensive final to ensure such consistency and effectiveness (A) to provide more detailed, in-depth report that— consistent with the Secretary’s statutory analysis and data collection with respect to (A) contains an updated assessment of the authority within these programs ; transportation programs; and effectiveness of the program participant in ‘‘(4) implement this section in a manner (B) to apply rigorous methods of measuring achieving national surface transportation that is consistent with sections 302, 5301, and addressing the effectiveness of program goals under section 303 of title 49, United 5503, 10101, and 13101 of this title and section participants in achieving national transpor- States Code; and 101 of title 23; tation goals. (B) describes the ways in which the per- ‘‘(5) review all relevant surface transpor- (2) PRELIMINARY REQUIREMENTS.— formance of the program participant in col- tation planning requirements to determine (A) SOLICITATION.—The Secretary shall so- lecting and reporting data and carrying out whether such regional, State, and local sur- licit applications to participate in the pilot the transportation program of the program face transportation planning efforts funded program from States and metropolitan plan- participant has improved or otherwise with Federal funds are consistent with the ning organizations. changed since the date of submission of the policy, objectives, and goals established by (B) NOTIFICATION.—A State or metropoli- baseline report under subparagraph (A). this section; and tan planning organization that desires to SEC. 33005. PORT INFRASTRUCTURE DEVELOP- ‘‘(6) require States and metropolitan plan- participate in the pilot program shall notify MENT INITIATIVE. ning organizations to report on the use of the Secretary of such desire before a date de- Section 50302(c)(3)(C) of title 46, United Federal surface transportation funds, con- termined by the Secretary. States Code, is amended to read as follows: sistent with ongoing reporting requirements, (C) SELECTION.— ‘‘(C) TRANSFERS.—Amounts appropriated to provide the Secretary with sufficient in- (i) NUMBER OF PROGRAM PARTICIPANTS.— or otherwise made available for any fiscal formation to determine— The Secretary shall select to participate in year for a marine facility or intermodal fa- ‘‘(A) which projects and priorities were the pilot program— cility that includes maritime transportation funded with such funds; (I) not fewer than 3, and not more than 5, may be transferred, at the option of the re- ‘‘(B) the rationale and method employed States; and cipient of such amounts, to the Fund and ad- for apportioning such funds to the projects (II) not fewer than 3, and not more than 5, ministered by the Administrator as a compo- and priorities; and metropolitan planning organizations. nent of a project under the program.’’. ‘‘(C) how the obligation of such funds is (ii) TIMING.—The Secretary shall select SEC. 33006. SAFETY FOR MOTORIZED AND NON- consistent with or advances the policy, ob- program participants not later than 3 MOTORIZED USERS. jectives, and goals established by sections months after the date of enactment of this (a) IN GENERAL.—Chapter 4 of title 23, 303 and 312 and the statutory sections ref- Act. United States Code, is amended by adding at erenced in paragraph (4).’’. (iii) DIVERSITY OF PROGRAM PARTICI- the end the following: (b) CONFORMING AMENDMENT.—The table of PANTS.—The Secretary shall, to the extent ‘‘§ 413. Safety for motorized and non- contents for chapter 3 of title 49, United practicable, select program participants that motorized users States Code, is amended by inserting after represent a broad range of geographic and ‘‘(a) IN GENERAL.—Not later than 2 years the item relating to section 303 the fol- demographic areas (including rural and after the date of enactment of the Surface lowing: urban areas) and types of transportation pro- Transportation and Freight Policy Act of grams. 2012, subject to subsection (b), the Secretary ‘‘304. National surface transportation and (d) CASE STUDIES.— shall establish standards to ensure that the freight strategic performance (1) BASELINE REPORT.—Not later than 6 design of Federal surface transportation plan.’’. months after the date of enactment of this projects provides for the safe and adequate

VerDate Mar 15 2010 01:58 Mar 08, 2012 Jkt 099060 PO 00000 Frm 00117 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S17FE2.REC S17FE2 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S996 CONGRESSIONAL RECORD — SENATE February 17, 2012 accommodation, in all phases of project responders who receive training under the should be permanently incorporated into the planning, development, and operation, of all grant will have the ability to protect nearby Federal hazardous material transportation users of the transportation network, includ- persons, property, and the environment from safety program under chapter 51 of title 49, ing motorized and nonmotorized users. the effects of accidents or incidents involv- United States Code; and ‘‘(b) WAIVER FOR STATE LAW OR POLICY.— ing the transportation of hazardous material (2) submit a final report to the Committee The Secretary may waive the application of in accordance with existing regulations or on Commerce, Science, and Transportation standards established under subsection (a) to National Fire Protection Association stand- of the Senate and the Committee on Trans- a State that has adopted a law or policy that ards for competence of responders to haz- portation and Infrastructure of the House of provides for the safe and adequate accommo- ardous materials. Representatives that contains the results of dation as certified by the State (or other ‘‘(6) Notwithstanding paragraphs (1) and the pilot projects carried out under this sec- grantee), in all phases of project planning (3), to the extent determined appropriate by tion, including the matters described in and development, of users of the transpor- the Secretary, a grant awarded by the Sec- paragraph (1). tation network on federally funded surface retary to an organization under this sub- (d) PAPERLESS HAZARD COMMUNICATIONS transportation projects, as determined by section to conduct hazardous material re- SYSTEM DEFINED.—In this section, the term the Secretary. sponse training programs may be used to ‘‘paperless hazard communications system’’ ‘‘(c) COMPLIANCE.— train individuals with responsibility to re- means the use of advanced communications ‘‘(1) IN GENERAL.—Each State department spond to accidents and incidents involving methods, such as wireless communications of transportation shall submit to the Sec- hazardous material.’’; and devices, to convey hazard information be- retary, at such time, in such manner, and (3) in subsection (k)— tween all parties in the transportation containing such information as the Sec- (A) by striking ‘‘annually’’ and inserting chain, including emergency responders and retary shall require, a report describing the ‘‘an annual report’’; law enforcement personnel. The format of implementation by the State of measures to (B) by inserting ‘‘the report’’ after ‘‘make communication may be equivalent to that achieve compliance with this section. available’’; used by the carrier. (C) by striking ‘‘information’’ and insert- ‘‘(2) DETERMINATION BY SECRETARY.—On re- SEC. 34006. IMPROVING DATA COLLECTION, ceipt of a report under paragraph (1), the ing ‘‘. The report submitted under this sub- ANALYSIS, AND REPORTING. section shall include information’’; and Secretary shall determine whether the appli- (a) ASSESSMENT.— (D) by striking ‘‘The report shall identify’’ cable State has achieved compliance with (1) IN GENERAL.—Not later than 6 months and all that follows and inserting the fol- this section.’’. after the date of the enactment of this Act, lowing: ‘‘The report submitted under this (b) CONFORMING AMENDMENT.—The analysis the Secretary, in coordination with the Sec- subsection shall identify the ultimate recipi- for chapter 4 of title 23, United States Code, retary of Homeland Security, as appropriate, ents of such grants and include— is amended by adding at the end the fol- shall conduct an assessment to improve the ‘‘(A) a detailed accounting and description lowing: collection, analysis, reporting, and use of of each grant expenditure by each grant re- ‘‘413. Safety for motorized and nonmotorized data related to accidents and incidents in- cipient, including the amount of, and pur- users.’’. volving the transportation of hazardous ma- pose for, each expenditure; terial. TITLE IV—HAZARDOUS MATERIALS ‘‘(B) the number of persons trained under (2) REVIEW.—The assessment conducted TRANSPORTATION SAFETY IMPROVE- the grant program, by training level; under this subsection shall review the meth- MENT ACT OF 2012 ‘‘(C) an evaluation of the efficacy of such ods used by the Pipeline and Hazardous Ma- SEC. 34001. SHORT TITLE. planning and training programs; and terials Safety Administration (referred to in ‘‘(D) any recommendations the Secretary This title may be cited as the ‘‘Hazardous this section as the ‘‘Administration’’) for may have for improving such grant pro- Materials Transportation Safety Improve- collecting, analyzing, and reporting acci- grams.’’. ment Act of 2012’’. dents and incidents involving the transpor- SEC. 34002. DEFINITION. SEC. 34005. PAPERLESS HAZARD COMMUNICA- tation of hazardous material, including the TIONS PILOT PROGRAM. In this title, the term ‘‘Secretary’’ means adequacy of— the Secretary of Transportation. (a) IN GENERAL.—The Secretary may con- duct pilot projects to evaluate the feasibility (A) information requested on the accident SEC. 34003. REFERENCES TO TITLE 49, UNITED and effectiveness of using paperless hazard and incident reporting forms required to be STATES CODE. communications systems. At least 1 of the submitted to the Administration; Except as otherwise expressly provided, pilot projects under this section shall take (B) methods used by the Administration to whenever in this title an amendment or re- place in a rural area. verify that the information provided on such peal is expressed in terms of an amendment (b) REQUIREMENTS.—In conducting pilot forms is accurate and complete; to, or repeal of, a section or other provision, projects under this section, the Secretary— (C) accident and incident reporting re- the reference shall be considered to be made (1) may not waive the requirements under quirements, including whether such require- to a section or other provision of title 49, section 5110 of title 49, United States Code; ments should be expanded to include ship- United States Code. and pers and consignees of hazardous materials; SEC. 34004. TRAINING FOR EMERGENCY RE- (2) shall consult with organizations rep- (D) resources of the Administration related SPONDERS. resenting— to data collection, analysis, and reporting, (a) TRAINING CURRICULUM.—Section 5115 is (A) fire services personnel; including staff and information technology; amended— (B) law enforcement and other appropriate and (1) in subsection (b)(1)(B), by striking enforcement personnel; (E) the database used by the Administra- ‘‘basic’’; (C) other emergency response providers; tion for recording and reporting such acci- (2) in subsection (b)(2), by striking ‘‘basic’’; (D) persons who offer hazardous material dents and incidents, including the ability of and for transportation; users to adequately search the database and (3) in subsection (c), by striking ‘‘basic’’. (E) persons who transport hazardous mate- find information. (b) OPERATIONS LEVEL TRAINING.—Section rial by air, highway, rail, and water; and (b) DEVELOPMENT OF ACTION PLAN.—Not 5116 is amended— (F) employees of persons who transport or later than 9 months after the date of the en- (1) in subsection (b)(1), by adding at the offer for transportation hazardous material actment of this Act, the Secretary shall de- end the following: ‘‘To the extent that a by air, highway, rail, and water. velop an action plan and timeline for im- grant is used to train emergency responders, (c) REPORT.—Not later than 2 years after proving the collection, analysis, reporting, the State or Indian tribe shall provide writ- the date of the enactment of this Act, the and use of data by the Administration, in- ten certification to the Secretary that the Secretary shall— cluding revising the database of the Admin- emergency responders who receive training (1) prepare a report on the results of the istration, as appropriate. under the grant will have the ability to pro- pilot projects carried out under this section, (c) SUBMISSION TO CONGRESS.—Not later tect nearby persons, property, and the envi- including— than 15 days after the completion of the ac- ronment from the effects of accidents or in- (A) a detailed description of the pilot tion plan and timeline under subsection (c), cidents involving the transportation of haz- projects; the Secretary shall submit the action plan ardous material in accordance with existing (B) an evaluation of each pilot project, in- and timeline to the Committee on Com- regulations or National Fire Protection As- cluding an evaluation of the performance of merce, Science, and Transportation of the sociation standards for competence of re- each paperless hazard communications sys- Senate and the Committee on Transpor- sponders to hazardous materials.’’; tem in such project; tation and Infrastructure of the House of (2) in subsection (j)— (C) an assessment of the safety and secu- Representatives. (A) by redesignating paragraph (5) as para- rity impact of using paperless hazard com- (d) REPORTING REQUIREMENTS.—Section graph (7); and munications systems, including any impact 5125(b)(1)(D) is amended by inserting ‘‘and (B) by inserting after paragraph (4) the fol- on the public, emergency response, law en- other hazardous materials transportation in- lowing: forcement, and the conduct of inspections cident reporting to the 9 1 1 emergency sys- ‘‘(5) The Secretary may not award a grant and investigations; and tem or involving State or local emergency to an organization under this subsection un- (D) a recommendation on whether responders in the initial response to the inci- less the organization ensures that emergency paperless hazard communications systems dent’’ before the period at the end.

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LOADING AND UNLOADING OF HAZ- (2) best practices and standards for haz- abide by an acceptable payment plan for ARDOUS MATERIALS. ardous material inspector and investigator such civil penalty, may not conduct any ac- (a) RULEMAKING.—Not later than 2 years training programs; and tivity regulated under this chapter begin- after date of the enactment of this Act, the (3) standard protocols to coordinate inves- ning on the 91st day after the date specified Secretary, after consultation with the De- tigation efforts among Federal, State, and by order of the Secretary for payment of partment of Labor and the Environmental local jurisdictions on accidents or incidents such penalty unless the person has filed a Protection Agency, as appropriate, and after involving the transportation of hazardous formal administrative or judicial appeal of providing notice and an opportunity for pub- material. the penalty. lic comment shall prescribe regulations es- (c) AVAILABILITY.—The standards, proto- ‘‘(2) EXCEPTION.—Paragraph (1) shall not tablishing uniform procedures among facili- cols, and findings of the program established apply to any person who is unable to pay a ties for the safe loading and unloading of under this section— civil penalty because such person is a debtor hazardous materials on and off tank cars and (1) shall be mandatory for— in a case under chapter 11 of title 11. cargo tank trucks. (A) the Department of Transportation’s ‘‘(3) RULEMAKING.—Not later than 2 years (b) INCLUSION.—The regulations prescribed multimodal personnel conducting hazardous after the date of the enactment of this sub- under subsection (a) may include procedures material enforcement inspections or inves- section, the Secretary, after providing notice for equipment inspection, personnel protec- tigations; and and an opportunity for public comment, tion, and necessary safeguards. (B) State employees who conduct federally shall issue regulations that— (c) CONSIDERATION.—In prescribing regula- funded compliance reviews, inspections, or ‘‘(A) set forth procedures to require a per- tions under subsection (a), the Secretary investigations; and son who is delinquent in paying civil pen- shall give due consideration to carrier rules (2) shall be made available to Federal, alties to cease any activity regulated under and procedures that produce an equivalent State, and local hazardous materials safety this chapter until payment has been made or level of safety. enforcement personnel. an acceptable payment plan has been ar- SEC. 34008. HAZARDOUS MATERIAL TECHNICAL ranged; and ASSESSMENT, RESEARCH AND DE- SEC. 34010. INSPECTIONS. VELOPMENT, AND ANALYSIS PRO- (a) NOTICE OF ENFORCEMENT MEASURES.— ‘‘(B) ensures that the person described in GRAM. Section 5121(c)(1) is amended— subparagraph (A)— (a) IN GENERAL.—Chapter 51 is amended by (1) in subparagraph (E), by striking ‘‘and’’ ‘‘(i) is notified in writing; and inserting after section 5117 the following: at the end; ‘‘(ii) is given an opportunity to respond be- ‘‘§ 5118. Hazardous material technical assess- (2) in subparagraph (F), by striking the pe- fore the person is required to cease the activ- ment, research and development, and anal- riod at the end and inserting ‘‘; and’’; and ity.’’. ysis program (3) by adding at the end the following: SEC. 34012. REPORTING OF FEES. Section 5125(f)(2) is amended by striking ‘‘, ‘‘(a) RISK REDUCTION.— ‘‘(G) shall provide to the affected offeror, upon the Secretary’s request,’’ and inserting ‘‘(1) PROGRAM AUTHORIZED.—The Secretary carrier, packaging manufacturer or tester, or of Transportation may develop and imple- other person responsible for the package rea- ‘‘biennially’’. ment a hazardous material technical assess- sonable notice of— SEC. 34013. SPECIAL PERMITS, APPROVALS, AND ment, research and development, and anal- ‘‘(i) his or her decision to exercise his or EXCLUSIONS. (a) IN GENERAL.—Section 5117 is amended ysis program for the purpose of— her authority under paragraph (1); to read as follows: ‘‘(A) reducing the risks associated with the ‘‘(ii) any findings made; and transportation of hazardous material; and ‘‘(iii) any actions being taken as a result of ‘‘§ 5117. Special permits, approvals, and ex- ‘‘(B) identifying and evaluating new tech- a finding of noncompliance.’’. clusions nologies to facilitate the safe, secure, and ef- (b) REGULATIONS.—Section 5121(e) is ‘‘(a) AUTHORITY TO ISSUE SPECIAL PER- ficient transportation of hazardous material. amended by adding at the end the following: MITS.— ‘‘(2) COORDINATION.—In developing the pro- ‘‘(3) MATTERS TO BE ADDRESSED.—The regu- ‘‘(1) CONDITIONS.—The Secretary of Trans- gram under paragraph (1), the Secretary lations issued under this subsection shall ad- portation may issue, modify, or terminate a shall— dress— special permit implementing new tech- ‘‘(A) utilize information gathered from ‘‘(A) the safe and expeditious resumption nologies or authorizing a variance from a other modal administrations with similar of transportation of perishable hazardous provision under this chapter or a regulation programs; and material, including radiopharmaceuticals prescribed under section 5103(b), 5104, 5110, or ‘‘(B) coordinate with other modal adminis- and other medical products, that may re- 5112 to a person performing a function regu- trations, as appropriate. quire timely delivery due to life-threatening lated by the Secretary under section ‘‘(b) COOPERATION.—In carrying out sub- situations; 5103(b)(1) to achieve— section (a), the Secretary may work coopera- ‘‘(B) the means by which— ‘‘(A) a safety level at least equal to the tively with regulated and other entities, in- ‘‘(i) noncompliant packages that present safety level required under this chapter; or cluding shippers, carriers, emergency re- an imminent hazard are placed out-of-service ‘‘(B) a safety level consistent with the pub- sponders, State and local officials, and aca- until the condition is corrected; and lic interest and this chapter, if a required demic institutions.’’. ‘‘(ii) noncompliant packages that do not safety level does not exist. (b) CONFORMING AMENDMENT.—The chapter present a hazard are moved to their final ‘‘(2) FINDINGS REQUIRED.— analysis for chapter 51 is amended by insert- destination; ‘‘(A) IN GENERAL.—Before issuing, renew- ing after the item relating to section 5117 the ‘‘(C) appropriate training and equipment ing, or modifying a special permit or grant- following: for inspectors; and ing party status to a special permit, the Sec- ‘‘5118. Hazardous material technical assess- ‘‘(D) the proper closure of packaging in ac- retary shall determine that the person is fit ment, research and develop- cordance with the hazardous material regu- to conduct the activity authorized by such ment, and analysis program.’’. lations.’’. permit in a manner that achieves the level of RANTS AND OOPERATIVE GREE SEC. 34009. HAZARDOUS MATERIAL ENFORCE- (c) G C A - safety required under paragraph (1). MENT TRAINING PROGRAM. MENTS.—Section 5121(g)(1) is amended by in- ‘‘(B) CONSIDERATIONS.—In making the de- (a) IN GENERAL.—The Secretary shall es- serting ‘‘safety and’’ before ‘‘security’’. termination under subparagraph (A), the tablish a multimodal hazardous material en- SEC. 34011. CIVIL PENALTIES. Secretary shall consider— forcement training program for government Section 5123 is amended— ‘‘(i) the person’s safety history (including hazardous materials inspectors and inves- (1) in subsection (a)— prior compliance history); tigators— (A) in paragraph (1), by striking ‘‘$50,000’’ ‘‘(ii) the person’s accident and incident his- (1) to develop uniform performance stand- and inserting ‘‘$75,000’’; and tory; and ards for training hazardous material inspec- (B) in paragraph (2), by striking ‘‘$100,000’’ ‘‘(iii) any other information the Secretary tors and investigators; and and inserting ‘‘$175,000’’; and considers appropriate to make such a deter- (2) to train hazardous material inspectors (2) by adding at the end the following: mination. and investigators on— ‘‘(h) PENALTY FOR OBSTRUCTION OF INSPEC- ‘‘(3) EFFECTIVE PERIOD.—A special permit (A) how to collect, analyze, and publish TIONS AND INVESTIGATIONS.—The Secretary issued under this section— findings from inspections and investigations may impose a penalty on a person who ob- ‘‘(A) shall be for an initial period of not of accidents or incidents involving the trans- structs or prevents the Secretary from car- more than 2 years; portation of hazardous material; and rying out inspections or investigations under ‘‘(B) may be renewed by the Secretary (B) how to identify noncompliance with subsection (c) or (i) of section 5121. upon application— regulations issued under chapter 51 of title ‘‘(i) PROHIBITION ON HAZARDOUS MATERIAL ‘‘(i) for successive periods of not more than 49, United States Code, and take appropriate OPERATIONS AFTER NONPAYMENT OF PEN- 4 years each; or enforcement action. ALTIES.— ‘‘(ii) in the case of a special permit relat- (b) STANDARDS AND GUIDELINES.—Under the ‘‘(1) IN GENERAL.—Except as provided under ing to section 5112, for an additional period program established under this section, the paragraph (2), a person subject to the juris- of not more than 2 years. Secretary may develop— diction of the Secretary under this chapter ‘‘(b) APPLICATIONS.— (1) guidelines for hazardous material in- who fails to pay a civil penalty assessed ‘‘(1) REQUIRED DOCUMENTATION.—When ap- spector and investigator qualifications; under this chapter, or fails to arrange and plying for a special permit or the renewal or

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modification of a special permit or request- ‘‘(2) WAIVER OF FITNESS TEST.—The Sec- mit or approval if the Secretary determines ing party status to a special permit under retary may waive the requirement under that— this section, the Secretary shall require the subsection (a)(2) for a request for which the ‘‘(1) the person who was granted the special person to submit an application that con- Secretary makes a determination under sub- permit or approval has violated the special tains— paragraph (A) or (B) of paragraph (1). permit or approval or the regulations issued ‘‘(A) a detailed description of the person’s ‘‘(3) NOTIFICATION.—Not later than 90 days under this chapter in a manner that dem- request; after the date of issuance of a special permit onstrates that the person is not fit to con- ‘‘(B) a listing of the person’s current facili- under this subsection, the Secretary shall duct the activity authorized by the special ties and addresses where the special permit publish a notice in the Federal Register of permit or approval; or will be utilized; the issuance that includes— ‘‘(2) the special permit or approval is un- ‘‘(C) a safety analysis prescribed by the ‘‘(A) a statement of the basis for the find- safe. Secretary that justifies the special permit; ing of emergency; and ‘‘(j) RULEMAKING.—Not later than 2 years ‘‘(D) documentation to support the safety ‘‘(B) the scope and duration of the special after the date of the enactment of the Haz- analysis; permit. ardous Materials Transportation Safety Im- ‘‘(E) a certification of safety fitness; and ‘‘(4) EFFECTIVE PERIOD.—A special permit provement Act of 2012, the Secretary, after ‘‘(F) proof of registration, as required issued under this subsection shall be effec- providing notice and an opportunity for pub- under section 5108. tive for a period not to exceed 180 days. lic comment, shall issue regulations that es- ‘‘(2) PUBLIC NOTICE.—The Secretary shall— ‘‘(f) EXCLUSIONS.— tablish— ‘‘(A) publish notice in the Federal Register ‘‘(1) IN GENERAL.—The Secretary shall ex- ‘‘(1) standard operating procedures to sup- that an application for a special permit has clude, in any part, from this chapter and reg- port administration of the special permit been filed; and ulations prescribed under this chapter— and approval programs; and ‘‘(B) provide the public an opportunity to ‘‘(A) a public vessel (as defined in section ‘‘(2) objective criteria to support the eval- inspect and comment on the application. 2101 of title 46); uation of special permit and approval appli- ‘‘(3) SAVINGS CLAUSE.—This subsection does ‘‘(B) a vessel exempted under section 3702 cations. not require the release of information pro- of title 46 or from chapter 37 of title 46; and ‘‘(k) ANNUAL REVIEW OF CERTAIN SPECIAL tected by law from public disclosure. ‘‘(C) a vessel to the extent it is regulated PERMITS.— ‘‘(c) COORDINATE AND COMMUNICATE WITH under the Ports and Waterways Safety Act ‘‘(1) REVIEW.—The Secretary shall conduct MODAL CONTACT OFFICIALS.— of 1972 (33 U.S.C. 1221, et seq.). an annual review and analysis of special per- ‘‘(1) IN GENERAL.—In evaluating applica- ‘‘(2) FIREARMS.—This chapter and regula- mits— tions under subsection (b), and making the tions prescribed under this chapter do not ‘‘(A) to identify consistently used and findings and determinations under sub- prohibit— longstanding special permits with an estab- sections (a), (e), and (h), the Administrator ‘‘(A) or regulate transportation of a fire- lished safety record; and of the Pipeline and Hazardous Materials arm (as defined in section 232 of title 18), or ‘‘(B) to determine whether such permits Safety Administration shall consult, coordi- ammunition for a firearm, by an individual may be converted into the hazardous mate- nate, or notify the modal contact official re- for personal use; or rials regulations. sponsible for the specified mode of transpor- ‘‘(B) transportation of a firearm or ammu- ‘‘(2) FACTORS.—In conducting the review tation that will be utilized under a special nition in commerce. and analysis under paragraph (1), the Sec- permit or approval before— ‘‘(g) LIMITATION ON AUTHORITY.—Unless the retary may consider— ‘‘(A) issuing, modifying, or renewing the Secretary decides that an emergency exists, ‘‘(A) the safety record for hazardous mate- special permit; a person subject to this chapter may only be rials transported under the special permit; ‘‘(B) granting party status to the special granted a variance from this chapter ‘‘(B) the application of a special permit; permit; or through a special permit or renewal granted ‘‘(C) the suitability of provisions in the ‘‘(C) issuing or renewing the special permit under this section. special permit for incorporation into the or approval. ‘‘(h) APPROVALS.— hazardous materials regulations; and ‘‘(2) MODAL CONTACT OFFICIAL DEFINED.—In ‘‘(1) FINDINGS REQUIRED.— ‘‘(D) rulemaking activity in related areas. this section, the term ‘modal contact offi- ‘‘(A) IN GENERAL.—The Secretary may not ‘‘(3) RULEMAKING.—After completing the cial’ means— issue an approval or grant the renewal of an review and analysis under paragraph (1) and ‘‘(A) the Administrator of the Federal approval pursuant to part 107 of title 49, Code providing notice and opportunity for public Aviation Administration; of Federal Regulations until the Secretary comment, the Secretary shall issue regula- ‘‘(B) the Administrator of the Federal has determined that the person is fit, will- tions, as needed.’’. Motor Carrier Safety; ing, and able to conduct the activity author- (b) CONFORMING AMENDMENT.—The analysis ‘‘(C) the Administrator of the Federal Rail- ized by the approval in a manner that for chapter 51 is amended by striking the road Administration; and achieves the level of safety required under item relating to section 5117 and inserting ‘‘(D) the Commandant of the Coast Guard. subsection (a)(1). the following: ‘‘(d) APPLICATIONS TO BE DEALT WITH ‘‘(B) CONSIDERATIONS.—In making a deter- ‘‘5117. Special permits, approvals, and exclu- PROMPTLY.—The Secretary shall— mination under subparagraph (A), the Sec- sions.’’. ‘‘(1) issue, modify, renew, or grant party retary shall consider— status to a special permit or approval for ‘‘(i) the person’s safety history (including SEC. 34014. HIGHWAY ROUTING DISCLOSURES. which a request was filed under this section, prior compliance history); (a) LIST OF ROUTE DESIGNATIONS.—Section or deny the issuance, modification, renewal, ‘‘(ii) the person’s accident and incident his- 5112(c) is amended— or grant, on or before the last day of the 180- tory; and (1) by striking ‘‘In coordination’’ and in- day period beginning on the first day of the ‘‘(iii) any other information the Secretary serting the following: month following the date of the filing of the considers appropriate to make such a deter- ‘‘(1) IN GENERAL.—In coordination’’; and request; or mination. (2) by adding at the end the following: ‘‘(2) publish a statement in the Federal ‘‘(2) REQUIRED DOCUMENTATION.—When ap- ‘‘(2) STATE RESPONSIBILITIES.— Register that— plying for an approval or renewal or modi- ‘‘(A) IN GENERAL.—Each State shall submit ‘‘(A) describes the reason for the delay of fication of an approval under this section, to the Secretary, in a form and manner to be the Secretary’s decision on the special per- the Secretary shall require the person to determined by the Secretary and in accord- mit or approval; and submit an application that contains— ance with subparagraph (B)— ‘‘(B) includes an estimate of the additional ‘‘(A) a detailed description of the person’s ‘‘(i) the name of the State agency respon- time necessary before the decision is made. request; sible for hazardous material highway route ‘‘(e) EMERGENCY PROCESSING OF SPECIAL ‘‘(B) a listing of the persons current facili- designations; and PERMITS.— ties and addresses where the approval will be ‘‘(ii) a list of the State’s currently effec- ‘‘(1) FINDINGS REQUIRED.—The Secretary utilized; tive hazardous material highway route des- may not grant a request for emergency proc- ‘‘(C) a safety analysis prescribed by the ignations. essing of a special permit unless the Sec- Secretary that justifies the approval; ‘‘(B) FREQUENCY.—Each State shall submit retary determines that— ‘‘(D) documentation to support the safety the information described in subparagraph ‘‘(A) a special permit is necessary for na- analysis; (A)(ii)— tional security purposes; ‘‘(E) a certification of safety fitness; and ‘‘(i) at least once every 2 years; and ‘‘(B) processing on a routine basis under ‘‘(F) the verification of registration re- ‘‘(ii) not later than 60 days after a haz- this section would result in significant in- quired under section 5108. ardous material highway route designation jury to persons or property; or ‘‘(3) SAVINGS PROVISION.—Nothing in this is established, amended, or discontinued.’’. ‘‘(C) a special permit is necessary to pre- subsection may be construed to require the (b) COMPLIANCE WITH SECTION 5112.—Sec- vent significant economic loss or damage to release of information protected by law from tion 5125(c)(1) is amended by inserting ‘‘, and the environment that could not be prevented public disclosure. is published in the Department’s hazardous if the application were processed on a rou- ‘‘(i) NONCOMPLIANCE.—The Secretary may materials route registry under section tine basis. modify, suspend, or terminate a special per- 5112(c)’’ before the period at the end.

VerDate Mar 15 2010 01:58 Mar 08, 2012 Jkt 099060 PO 00000 Frm 00120 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S17FE2.REC S17FE2 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 17, 2012 CONGRESSIONAL RECORD — SENATE S999 SEC. 34015. AUTHORIZATION OF APPROPRIA- ‘‘6309. Data access. ‘‘(E) the effects of the transportation sys- TIONS. ‘‘6310. Proceeds of data product sales. tem on global and domestic economic com- Section 5128 is amended to read as follows: ‘‘6311. Information collection. petitiveness; ‘‘§ 5128. Authorization of appropriations ‘‘6312. National transportation atlas data- ‘‘(F) demographic, economic, and other base. ‘‘(a) IN GENERAL.—There are authorized to variables influencing travel behavior, includ- be appropriated to the Secretary to carry ‘‘6313. Limitations on statutory construc- ing choice of transportation mode and goods out this chapter (except sections 5107(e), tion. movement; ‘‘6314. Research and development grants. 5108(g)(2), 5113, 5115, 5116, and 5119)— ‘‘(G) transportation-related variables that ‘‘6315. Transportation statistics annual re- ‘‘(1) $42,338,000 for fiscal year 2012; and influence the domestic economy and global port. ‘‘(2) $42,762,000 for fiscal year 2013. competitiveness; ‘‘6316. Mandatory response authority for data ‘‘(b) HAZARDOUS MATERIALS EMERGENCY ‘‘(H) the economic costs and impacts for collections. PREPAREDNESS FUND.—From the Hazardous passenger travel and freight movement; Materials Emergency Preparedness Fund es- ‘‘SUBCHAPTER I—BUREAU OF ‘‘(I) intermodal and multimodal passenger tablished under section 5116(i), the Secretary TRANSPORTATION STATISTICS movement; may expend, during each of fiscal years 2012 ‘‘§ 6301. Establishment ‘‘(J) intermodal and multimodal freight and 2013— movement; and ‘‘There is established, in the Research and ‘‘(K) the consequences of transportation ‘‘(1) $188,000 to carry out section 5115; Innovative Technology Administration, a ‘‘(2) $21,800,000 to carry out subsections (a) for the human and natural environment, sus- Bureau of Transportation Statistics (referred tainable transportation, and livable commu- and (b) of section 5116, of which not less than to in this subchapter as the ‘Bureau’). nities. $13,650,000 shall be available to carry out sec- ‘‘§ 6302. Director ‘‘(7) Building and disseminating the trans- tion 5116(b); portation layer of the National Spatial Data ‘‘(3) $150,000 to carry out section 5116(f); ‘‘(a) APPOINTMENT.—The Bureau shall be Infrastructure developed under Executive ‘‘(4) $625,000 to publish and distribute the headed by a Director, who shall be appointed Order 12906, including— Emergency Response Guidebook under sec- in the competitive service by the Secretary ‘‘(A) coordinating the development of tion 5116(i)(3); and of Transportation. transportation geospatial data standards; ‘‘(5) $1,000,000 to carry out section 5116(j). ‘‘(b) QUALIFICATIONS.—The Director shall be appointed from among individuals who ‘‘(B) compiling intermodal geospatial data; ‘‘(c) HAZARDOUS MATERIALS TRAINING are qualified to serve as the Director by vir- and GRANTS.—From the Hazardous Materials ‘‘(C) collecting geospatial data that is not Emergency Preparedness Fund established tue of their training and experience in the being collected by others. pursuant to section 5116(i), the Secretary collection, analysis, and use of transpor- tation statistics. ‘‘(8) Issuing guidelines for the collection of may expend $4,000,000 for each of the fiscal information by the Department of Transpor- ‘‘§ 6303. Responsibilities years 2012 and 2013 to carry out section tation that is required for transportation 5107(e). ‘‘(a) DUTIES OF THE DIRECTOR.—The Direc- statistics, modeling, economic assessment, ‘‘(d) CREDITS TO APPROPRIATIONS.— tor, who shall serve as the Secretary of and program assessment in order to ensure ‘‘(1) EXPENSES.—In addition to amounts Transportation’s senior advisor on data and that such information is accurate, reliable, otherwise made available to carry out this statistics, shall be responsible for carrying relevant, uniform and in a form that permits chapter, the Secretary may credit amounts out the following duties: systematic analysis by the Department. received from a State, Indian tribe, or other ‘‘(1) Ensuring that the statistics compiled ‘‘(9) Reviewing and reporting to the Sec- public authority or private entity for ex- under paragraph (6) are designed to support retary of Transportation on the sources and penses the Secretary incurs in providing transportation decisionmaking by the Fed- reliability of— training to the State, authority, or entity. eral Government, State and local govern- ‘‘(A) the statistics proposed by the heads of ‘‘(2) AVAILABILITY OF AMOUNTS.—Amounts ments, metropolitan planning organizations, the operating administrations of the Depart- made available under this section shall re- transportation-related associations, the pri- ment of Transportation to measure outputs main available until expended.’’. vate sector (including the freight commu- and outcomes, as required by the Govern- TITLE V—RESEARCH AND INNOVATIVE nity), and the public. ment Performance and Results Act of 1993 TECHNOLOGY ADMINISTRATION REAU- ‘‘(2) Establishing a program, on behalf of (Public Law 103 62; 107 Stat. 285); and THORIZATION ACT OF 2012 the Secretary— ‘‘(B) other data collected or statistical in- SEC. 35001. SHORT TITLE. ‘‘(A) to effectively integrate safety data formation published by the heads of the op- This title may be cited as the ‘‘Research across modes; and erating administrations of the Department. and Innovative Technology Administration ‘‘(B) to address gaps in existing safety data ‘‘(10) Making the statistics published under Reauthorization Act of 2012’’. programs of the Department of Transpor- this subsection readily accessible to the pub- tation. lic, consistent with applicable security con- SEC. 35002. NATIONAL COOPERATIVE FREIGHT ‘‘(3) Working with the operating adminis- RESEARCH PROGRAM. straints and confidentiality interests. trations of the Department of Transpor- Section 509(d) of title 23, United States ‘‘(b) ACCESS TO FEDERAL DATA.—In car- tation— Code, is amended by adding at the end the rying out subsection (a)(2), the Director shall ‘‘(A) to establish and implement the Bu- following: be provided access to— reau’s data programs; and ‘‘(6) COORDINATION OF COOPERATIVE RE- ‘‘(1) all safety data held by any agency of ‘‘(B) to improve the coordination of infor- SEARCH.—The National Academy of Sciences the Department; and mation collection efforts with other Federal shall coordinate research agendas, research ‘‘(2) all safety data held by any other Fed- agencies. project selections, and competitions across eral Government agency that is germane to ‘‘(4) Continually improving surveys and all transportation-related cooperative re- carrying out subsection (a), upon written re- data collection methods to improve the ac- search programs conducted by the National quest and subject to any statutory or regu- curacy and utility of transportation statis- Academy of Sciences to ensure program effi- latory restrictions. tics. NTERMODAL TRANSPORTATION DATA- ciency, effectiveness, and sharing of research ‘‘(c) I ‘‘(5) Encouraging the standardization of BASE.— findings.’’. data, data collection methods, and data man- ‘‘(1) IN GENERAL.—In consultation with the SEC. 35003. BUREAU OF TRANSPORTATION STA- agement and storage technologies for data Under Secretary for Policy, the Assistant TISTICS. collected by the Bureau, the operating ad- Secretaries, and the heads of the operating (a) IN GENERAL.—Subtitle III of title 49, ministrations of the Department of Trans- administrations of the Department of Trans- United States Code, is amended by adding at portation, States, local governments, metro- portation, the Director shall establish and the end the following: politan planning organizations, and private maintain a transportation database for all ‘‘CHAPTER 63—BUREAU OF sector entities. modes of transportation. TRANSPORTATION STATISTICS ‘‘(6) Collecting, compiling, analyzing, and ‘‘(2) USE OF DATABASE.—The database es- ‘‘SUBCHAPTER I—BUREAU OF TRANSPORTATION publishing a comprehensive set of transpor- tablished under this subsection shall be suit- STATISTICS tation statistics on the performance and im- able for analyses carried out by the Federal ‘‘Sec. pacts of the national transportation system, Government, the States, and metropolitan ‘‘6301. Establishment. including statistics on— planning organizations. ‘‘6302. Director. ‘‘(A) transportation safety across all modes ‘‘(3) CONTENTS.—The database established ‘‘6303. Responsibilities. and intermodally; under this section shall include— ‘‘6304. National Transportation Library. ‘‘(B) the state of good repair of United ‘‘(A) information on the volumes and pat- ‘‘6305. Advisory Council on Transportation States transportation infrastructure. terns of movement, including local, inter- Statistics. ‘‘(C) the extent, connectivity, and condi- regional, and international movement— ‘‘6306. Transportation statistical collection, tion of the transportation system, building ‘‘(i) of goods by all modes of transportation analysis, and dissemination. on the national transportation atlas data- and intermodal combinations, and by rel- ‘‘6307. Furnishing information, data, or re- base developed under section 6312; evant classification; and ports by Federal agencies. ‘‘(D) economic efficiency throughout the ‘‘(ii) of people by all modes of transpor- ‘‘6308. Prohibition on certain disclosures. entire transportation sector; tation (including bicycle and pedestrian

VerDate Mar 15 2010 01:58 Mar 08, 2012 Jkt 099060 PO 00000 Frm 00121 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S17FE2.REC S17FE2 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1000 CONGRESSIONAL RECORD — SENATE February 17, 2012 modes) and intermodal combinations, and by ‘‘§ 6305. Advisory Council on Transportation ments in conformity with all laws and regu- relevant classification; Statistics lations applicable to the disclosure and use ‘‘(B) information on the location and ‘‘(a) IN GENERAL.—The Director shall main- of data. connectivity of transportation facilities and tain an Advisory Council on Transportation ‘‘§ 6307. Furnishing information, data, or re- services; and Statistics (referred to in this section as the ports by Federal agencies ‘‘(C) a national accounting of expenditures ‘Advisory Council’). ‘‘Federal agencies requested to furnish in- and capital stocks on each mode of transpor- ‘‘(b) FUNCTION.—The Advisory Council formation, data, or reports under section tation and intermodal combination. shall advise the Director on— 6303(b) shall provide such information to the ‘‘§ 6304. National Transportation Library ‘‘(1) the quality, reliability, consistency, Bureau as is required to carry out the pur- ‘‘(a) PURPOSE AND ESTABLISHMENT.—There objectivity, and relevance of transportation poses of this section. is established, in the Bureau, a National statistics and analyses collected, supported, ‘‘§ 6308. Prohibition on certain disclosures or disseminated by the Bureau and the De- Transportation Library (referred to in this ‘‘(a) IN GENERAL.—An officer, employee, or partment of Transportation; and section as the ‘Library’), which shall— contractor of the Bureau may not— ‘‘(2) methods to encourage cooperation and ‘‘(1) support the information management ‘‘(1) make any disclosure in which the data interoperability of transportation data col- and decisionmaking needs of transportation provided by an individual or organization lected by the Bureau, the operating adminis- at Federal, State, and local levels; under section 6303 can be identified; trations of the Department, States, local ‘‘(2) be headed by an individual who is ‘‘(2) use the information provided under governments, metropolitan planning organi- highly qualified in library and information section 6303 for a nonstatistical purpose; or zations, and private sector entities. science; ‘‘(3) permit anyone other than an indi- ‘‘(c) MEMBERSHIP.— ‘‘(3) acquire, preserve, and manage trans- vidual authorized by the Director to examine ‘‘(1) IN GENERAL.—The Advisory Council portation information and information prod- any individual report provided under section ucts and services for use of the Department shall be composed of not fewer than 9 mem- bers and not more than 11 members, who 6303. of Transportation, other Federal agencies, ‘‘(b) COPIES OF REPORTS.— shall be appointed by the Director. and the general public; ‘‘(1) IN GENERAL.—A department, bureau, ‘‘(2) SELECTION.—In selecting members for ‘‘(4) provide reference and research assist- agency, officer, or employee of the United the Advisory Council, the Director shall ap- ance; States (except the Director in carrying out point individuals who— ‘‘(5) serve as a central depository for re- this section) may not require, for any rea- ‘‘(A) are not officers or employees of the search results and technical publications of son, a copy of any report that has been filed United States; the Department of Transportation; under section 6303 with the Bureau or re- ‘‘(B) possess expertise in— ‘‘(6) provide a central clearinghouse for tained by an individual respondent. ‘‘(i) transportation data collection, anal- transportation data and information in the ‘‘(2) LIMITATION ON JUDICIAL PROCEEDINGS.— ysis, or application; Federal Government; A copy of a report described in paragraph (1) ‘‘(ii) economics; or ‘‘(7) serve as coordinator and policy lead that has been retained by an individual re- ‘‘(iii) transportation safety; and for transportation information access; spondent or filed with the Bureau or any of ‘‘(C) represent a cross section of transpor- ‘‘(8) provide transportation information its employees, contractors, or agents— tation stakeholders, to the greatest extent and information products and services to the ‘‘(A) shall be immune from legal process; possible. Department of Transportation, other agen- and ‘‘(3) TERMS OF APPOINTMENT.— cies of the Federal Government, public and ‘‘(B) may not, without the consent of the ‘‘(A) IN GENERAL.—Except as provided in private organizations, and individuals, with- individual concerned, be admitted as evi- subparagraph (B), members of the Advisory in the United States and internationally; dence or used for any purpose in any action, Council— ‘‘(9) coordinate efforts among, and cooper- suit, or other judicial or administrative pro- ‘‘(i) shall be appointed to staggered terms ate with, transportation libraries, informa- ceedings. not to exceed 3 years; and tion providers, and technical assistance cen- ‘‘(3) APPLICABILITY.—This subsection shall ‘‘(ii) may be renominated for 1 additional ters, in conjunction with private industry only apply to reports that permit informa- 3-year term. and other transportation library and infor- tion concerning an individual or organiza- ‘‘(B) CURRENT MEMBERS.—Members serving mation centers, toward the development of a tion to be reasonably determined by direct on the Advisory Council as of the date of the comprehensive transportation information or indirect means. enactment of the Research and Innovative and knowledge network supporting activities ‘‘(c) INFORMING RESPONDENT OF USE OF Technology Administration Reauthorization described in subparagraphs (A) through (K) DATA.—If the Bureau is authorized by stat- of section 6303(a)(6); and Act of 2012 shall serve until the end of their ute to collect data or information for a non- ‘‘(10) engage in such other activities as the appointed terms. statistical purpose, the Director shall clearly ‘‘(d) APPLICABILITY OF FEDERAL ADVISORY Director determines appropriate and as the distinguish the collection of such data or in- COMMITTEE ACT.—The Federal Advisory Library’s resources permit. formation, by rule and on the collection in- Committee Act (except for section 14 of such ‘‘(b) ACCESS.—The Director shall publicize, strument, to inform a respondent who is re- Act) shall apply to the Advisory Council. facilitate, and promote access to the infor- quested or required to supply the data or in- mation products and services described in ‘‘§ 6306. Transportation statistical collection, formation of the nonstatistical purpose. subsection (a) to improve— analysis, and dissemination ‘‘§ 6309. Data access ‘‘(1) the ability of the transportation com- ‘‘To ensure that all transportation statis- ‘‘The Director shall be provided access to munity to share information; and tical collection, analysis, and dissemination transportation and transportation-related ‘‘(2) the ability of the Director to make is carried out in a coordinated manner, the information in the possession of any Federal statistics and other information readily ac- Director may— agency, except— cessible under section 6303(a)(10). ‘‘(1) utilize, with their consent, the serv- ‘‘(1) information that is expressly prohib- ‘‘(c) AGREEMENTS.— ices, equipment, records, personnel, informa- ited by law from being disclosed to another ‘‘(1) IN GENERAL.—The Director may enter tion, and facilities of other Federal, State, Federal agency; or into agreements with, award grants to, and local, and private agencies and instrumen- ‘‘(2) information that the agency pos- receive funds from any State and other polit- talities with or without reimbursement for sessing the information determines could not ical subdivision, organization, business, or such utilization; be disclosed without significantly impairing individual for the purpose of conducting ac- ‘‘(2) enter into agreements with agencies the discharge of authorities and responsibil- tivities under this section. and instrumentalities referred to in para- ities which have been delegated to, or vested ‘‘(2) CONTRACTS, GRANTS, AND AGREE- graph (1) for purposes of data collection and by law, in such agency. MENTS.—The Library may initiate and sup- analysis; port specific information and data manage- ‘‘(3) confer and cooperate with foreign gov- ‘‘§ 6310. Proceeds of data product sales ment, access, and exchange activities in con- ernments, international organizations, ‘‘Notwithstanding section 3302 of title 31, nection with matters relating to Department States, municipalities, and other local agen- amounts received by the Bureau from the of Transportation’s strategic goals, knowl- cies; sale of data products, for necessary expenses edge networking, and national and inter- ‘‘(4) request such information, data, and re- incurred, may be credited to the Highway national cooperation by entering into con- ports from any Federal agency as may be re- Trust Fund (other than the Mass Transit Ac- tracts or awarding grants for the conduct of quired to carry out the purposes of this sec- count) for the purpose of reimbursing the such activities. tion; Bureau for such expenses. ‘‘(3) FUNDS.—Amounts received under this ‘‘(5) encourage replication, coordination, ‘‘§ 6311. Information collection subsection for payments for library products and sharing among transportation agencies ‘‘As the head of an independent Federal and services or other activities shall— regarding information systems, information statistical agency, the Director may consult ‘‘(A) be deposited in the Research and In- policy, and data; and directly with the Office of Management and novative Technology Administration’s gen- ‘‘(6) confer and cooperate with Federal sta- Budget concerning any survey, question- eral fund account; and tistical agencies as needed to carry out the naire, or interview that the Director con- ‘‘(B) remain available to the Library until purposes of this section, including by enter- siders necessary to carry out the statistical expended. ing into cooperative data sharing agree- responsibilities under this subchapter.

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‘‘§ 6312. National transportation atlas data- ‘‘(2) if the individual willfully gives a false ‘‘(f) PROGRAM EVALUATION AND OVER- base answer to such a question, shall be fined not SIGHT.—The Administrator is authorized to ‘‘(a) IN GENERAL.—The Director shall de- more than $10,000.’’. expend not more than 1.5 percent of the velop and maintain a national transpor- (b) RULES OF CONSTRUCTION.—In transfer- amounts authorized to be appropriated for tation atlas database that is comprised of ring the provisions under section 111 of title each of the fiscal years 2012 and 2013, for nec- geospatial databases that depict— 49, United States Code, to chapter 63 of title essary expenses for administration and oper- 49, as added by subsection (a), the following ‘‘(1) transportation networks; ations of the Research and Innovative Tech- rules of construction shall apply: ‘‘(2) flows of people, goods, vehicles, and nology Administration for the coordination, (1) For purposes of determining whether 1 craft over the networks; and evaluation, and oversight of the programs provision of law supersedes another based on ‘‘(3) social, economic, and environmental administered by the Administration. enactment later in time, a provision under conditions that affect, or are affected by, the ‘‘(g) COLLABORATIVE RESEARCH AND DEVEL- chapter 63 of title 49, United States Code, is networks. OPMENT.— deemed to have been enacted on the date of ‘‘(b) INTERMODAL NETWORK ANALYSIS.—The ‘‘(1) IN GENERAL.—To encourage innovative the enactment of the corresponding provi- databases developed under subsection (a) solutions to multimodal transportation sion under section 111 of such title. problems and stimulate the deployment of shall be capable of supporting intermodal (2) A reference to a provision under such new technology, the Administrator may network analysis. chapter 65 is deemed to refer to the cor- carry out, on a cost-shared basis, collabo- ‘‘§ 6313. Limitations on statutory construction responding provision under such section 111. rative research and development with— (3) A reference to a provision under such ‘‘Nothing in this subchapter may be con- ‘‘(A) non-Federal entities, including State section 111, including a reference in a regula- strued— and local governments, foreign governments, tion, order, or other law, is deemed to refer ‘‘(1) to authorize the Bureau to require any colleges and universities, corporations, insti- to the corresponding provision under such other department or agency to collect data; tutions, partnerships, sole proprietorships, chapter 65. or and trade associations that are incorporated (4) A regulation, order, or other adminis- ‘‘(2) to reduce the authority of any other or established under the laws of any State; trative action authorized by a provision officer of the Department to independently ‘‘(B) Federal laboratories; and collect and disseminate data. under such section 111 continues to be au- thorized by the corresponding provision ‘‘(C) other Federal agencies. ‘‘§ 6314. Research and development grants under such chapter 65. ‘‘(2) COOPERATION, GRANTS, CONTRACTS, AND ‘‘The Secretary may award grants to, or (5) An action taken or an offense com- AGREEMENTS.—Notwithstanding any other enter into cooperative agreements or con- mitted under a provision of such section 111 provision of law, the Administrator may di- tracts with, public and nonprofit private en- is deemed to have been taken or committed rectly initiate contracts, grants, other trans- tities (including State transportation de- under the corresponding provision of such actions, and cooperative research and devel- partments, metropolitan planning organiza- chapter 65. opment agreements (as defined in section 12 tions, and institutions of higher education) (c) CONFORMING AMENDMENTS.— of the Stevenson-Wydler Technology Innova- for— (1) REPEAL.—Chapter 1 of title 49, United tion Act of 1980 (15 U.S.C. 3710a)) to fund, and ‘‘(1) investigation of the subjects specified States Code, is amended— accept funds from, the Transportation Re- in section 6303 and research and development (A) by repealing section 111; and search Board of the National Research Coun- of new methods of data collection, standard- (B) by striking the item relating to section cil of the National Academy of Sciences, ization, management, integration, dissemi- 111 in the chapter analysis. State departments of transportation, cities, nation, interpretation, and analysis; (2) ANALYSIS OF SUBTITLE III.—The table of counties, universities, associations, and the ‘‘(2) demonstration programs by States, chapters for subtitle III of title 49, United agents of such entities to conduct joint local governments, and metropolitan plan- States Code, is amended by inserting after transportation research and technology ef- ning organizations to coordinate data collec- the item for chapter 61 the following: forts. tion, reporting, management, storage, and ‘‘63. Bureau of Transportation ‘‘(3) FEDERAL SHARE.— archiving to simplify data comparisons Statistics ...... 6301’’. ‘‘(A) IN GENERAL.—The Federal share of the across jurisdictions; cost of activities carried out under a cooper- ‘‘(3) development of electronic clearing- SEC. 35004. 5.9 GHZ VEHICLE-TO-VEHICLE AND ative research and development agreement VEHICLE-TO-INFRASTRUCTURE entered into under this subsection may not houses of transportation data and related in- COMMUNICATIONS SYSTEMS DE- formation, as part of the National Transpor- PLOYMENT. exceed 50 percent unless the Secretary ap- tation Library under section 6304; and (a) IN GENERAL.—Subchapter I of chapter proves a greater Federal share due to sub- ‘‘(4) development and improvement of 55 of title 49, United States Code, is amended stantial public interest or benefit. methods for sharing geographic data, in sup- by adding at the end the following: ‘‘(B) NON-FEDERAL SHARE.—All costs di- rectly incurred by the non-Federal partners, port of the database under section 6303 and ‘‘§ 5507. GHz vehicle-to-vehicle and vehicle-to- including personnel, travel, facility, and the National Spatial Data Infrastructure. infrastructure communications systems de- hardware development costs, shall be cred- ‘‘§ 6315. Transportation statistics annual re- ployment ited toward the non-Federal share of the cost port ‘‘(a) IN GENERAL.—Not later than 3 years of the activities described in subparagraph after the date of the enactment of this sec- ‘‘The Director shall submit to the Presi- (A). dent and Congress a transportation statistics tion, the Secretary shall submit a report to ‘‘(4) USE OF TECHNOLOGY.—The research, de- the Committee on Commerce, Science, and annual report, which shall include— velopment, or use of a technology under a ‘‘(1) information on items referred to in Transportation of the Senate, the Com- mittee on Transportation and Infrastructure cooperative research and development agree- section 6303(a)(6); ment entered into under this subsection, in- ‘‘(2) documentation of methods used to ob- of the House of Representatives, and the Committee on Energy and Commerce of the cluding the terms under which the tech- tain and ensure the quality of the statistics nology may be licensed and the resulting presented in the report; and House of Representatives that— ‘‘(1) defines a recommended implementa- royalties may be distributed, shall be subject ‘‘(3) recommendations for improving trans- to the Stevenson-Wydler Technology Innova- portation statistical information. tion path for Dedicated Short Range Com- munications (DSRC) technology and applica- tion Act of 1980 (15 U.S.C. 3701 et seq.). ‘‘§ 6316. Mandatory response authority for tions; and ‘‘(5) WAIVER OF ADVERTISING REQUIRE- data collections ‘‘(2) includes guidance concerning the rela- MENTS.—Section 6101 of title 41 shall not ‘‘Any individual who, as the owner, offi- tionship of the proposed DSRC deployment apply to a contract, grant, or other agree- cial, agent, person in charge, or assistant to to Intelligent Transportation System Na- ment entered into under this chapter.’’. the person in charge of any corporation, tional Architecture and Standards. SEC. 35006. PRIZE AUTHORITY. company, business, institution, establish- ‘‘(b) REPORT REVIEW.—The Secretary shall (a) IN GENERAL.—Chapter 3 of title 49, ment, organization of any nature or the enter into an agreement for the review of the United States Code, is amended by inserting member of a household, neglects or refuses, report submitted under subsection (a) by an before section 336 the following: after requested by the Director or other au- independent third party with subject matter thorized officer, employee, or contractor of expertise.’’. ‘‘SEC. 335. PRIZE AUTHORITY. the Bureau, to answer completely and cor- (b) CONFORMING AMENDMENT.—The analysis ‘‘(a) IN GENERAL.—The Secretary of Trans- rectly to the best of the individual’s knowl- of chapter 55 of title 49, United States Code, portation may carry out a program, in ac- edge all questions relating to the corpora- is amended by inserting after the item relat- cordance with this section, to competitively tion, company, business, institution, estab- ing to section 5506, the following: award cash prizes to stimulate innovation in lishment, or other organization or house- ‘‘5507. 5.9 GHz vehicle-to-vehicle and vehicle- basic and applied research, technology devel- hold, or to make available records or statis- to-infrastructure communica- opment, and prototype demonstration that tics in the individual’s official custody, con- tions systems deployment.’’. have the potential for application to the na- tained in a data collection request prepared SEC. 35005. ADMINISTRATIVE AUTHORITY. tional transportation system. and submitted under section 6303(a)— Section 112 of title 49, United States Code, ‘‘(b) TOPICS.—In selecting topics for prize ‘‘(1) shall be fined not more than $500, ex- is amended by inserting after subsection (e) competitions under this section, the Sec- cept as provided under paragraph (2); and the following: retary shall—

VerDate Mar 15 2010 01:58 Mar 08, 2012 Jkt 099060 PO 00000 Frm 00123 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S17FE2.REC S17FE2 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1002 CONGRESSIONAL RECORD — SENATE February 17, 2012 ‘‘(1) consult with a wide variety of Govern- ‘‘(A) have personal or financial interests ‘‘335. Prize authority.’’. ment and nongovernment representatives; in, or be an employee, officer, director, or SEC. 35007. TRANSPORTATION RESEARCH AND and agent of, any entity that is a registered par- DEVELOPMENT. ‘‘(2) give consideration to prize goals that ticipant in a prize competition under this Section 508(a) of title 23, United States demonstrate innovative approaches and section; or Code, is amended— strategies to improve the safety, efficiency, ‘‘(B) have a familial or financial relation- (1) in paragraph (1), by striking and sustainability of the national transpor- ship with an individual who is a registered ‘‘SAFETEA LU’’ and inserting ‘‘Research tation system. participant. and Innovative Technology Administration ‘‘(c) ADVERTISING.—The Secretary shall en- ‘‘(h) ADMINISTERING THE COMPETITION.—The Reauthorization Act of 2012’’; and courage participation in the prize competi- Secretary may enter into an agreement with (2) by amending paragraph (2)(A) to read as tions through extensive advertising. a private, nonprofit entity to administer the follows: ‘‘(d) REQUIREMENTS AND REGISTRATION.— prize competition, subject to the provisions ‘‘(A) describe the primary purposes of the For each prize competition, the Secretary of this section. transportation research and development ‘‘(i) FUNDING.— shall publish a notice on a public website program, which shall include— ‘‘(1) PRIVATE SECTOR FUNDING.—A cash that describes— ‘‘(i) promoting safety; prize under this section may consist of funds ‘‘(1) the subject of the competition; ‘‘(ii) reducing congestion and improving appropriated by the Federal Government and ‘‘(2) the eligibility rules for participation mobility; funds provided by the private sector. The in the competition; ‘‘(iii) promoting security; Secretary may accept funds from other Fed- ‘‘(3) the amount of the prize; and ‘‘(iv) protecting and enhancing the envi- eral agencies, State and local governments, ‘‘(4) the basis on which a winner will be se- ronment; and metropolitan planning organizations for lected. ‘‘(v) preserving the existing transportation the cash prizes. The Secretary may not give ‘‘(e) ELIGIBILITY.—An individual or entity system; and any special consideration to any private sec- may not receive a prize under this section ‘‘(vi) improving transportation infrastruc- tor entity in return for a donation under this unless the individual or entity— ture, in coordination with Department of paragraph. ‘‘(1) has registered to participate in the Transportation strategic goals and planning ‘‘(2) AVAILABILITY OF FUNDS.—Notwith- competition pursuant to any rules promul- efforts;’’. standing any other provision of law, gated by the Secretary under this section; SEC. 35008. USE OF FUNDS FOR INTELLIGENT ‘‘(2) has complied with all the require- amounts appropriated for prize awards under this section— TRANSPORTATION SYSTEMS ACTIVI- ments under this section; TIES. ‘‘(3)(A) in the case of a private entity, is in- ‘‘(A) shall remain available until expended; and Section 513 of title 23, United States Code, corporated in, and maintains a primary place is amended to read as follows: of business in, the United States; or ‘‘(B) may not be transferred, repro- ‘‘§ 513. Use of funds for ITS activities ‘‘(B) in the case of an individual, whether grammed, or expended for other purposes participating singly or in a group, is a cit- until after the expiration of the 10-year pe- ‘‘(a) IN GENERAL.—The Secretary may use izen or permanent resident of the United riod beginning on the last day of the fiscal not more than $500,000 of the amounts made States; and year for which the funds were originally ap- available to the Department for each fiscal ‘‘(4) is not a Federal entity or Federal em- propriated. year to carry out the Intelligent Transpor- ployee acting within the scope of his or her ‘‘(3) SAVINGS PROVISION.—Nothing in this tation Systems Program (referred to in this employment. subsection may be construed to permit the section as ‘ITS’) on intelligent transpor- obligation or payment of funds in violation ‘‘(f) LIABILITY.— tation system outreach, websites, public re- of the Anti-Deficiency Act (31 U.S.C. 1341). ‘‘(1) ASSUMPTION OF RISK.— lations, displays, tours, and brochures. ‘‘(4) PRIZE ANNOUNCEMENT.—A prize may ‘‘(A) IN GENERAL.—A registered participant ‘‘(b) PURPOSE.—Amounts authorized for use not be announced under this section until all shall agree to assume any and all risks and under subsection (a) are intended to develop, the funds needed to pay out the announced waive claims against the Federal Govern- administer, communicate, and promote the amount of the prize have been appropriated ment and its related entities, except in the use of products of research, technology, and or committed in writing by a private source. case of willful misconduct, for any injury, technology transfer programs under this sec- ‘‘(5) PRIZE INCREASES.—The Secretary may death, damage, or loss of property, revenue, tion. increase the amount of a prize after the ini- or profits, whether direct, indirect, or con- ‘‘(c) ITS DEPLOYMENT INCENTIVES.— tial announcement of the prize under this sequential, arising from participation in a ‘‘(1) IN GENERAL.—The Secretary may de- section if— competition, whether such injury, death, velop and implement incentives to accel- ‘‘(A) notice of the increase is provided in damage, or loss arises through negligence or erate the deployment of ITS technologies the same manner as the initial notice of the otherwise. and services within all programs receiving prize; and ‘‘(B) RELATED ENTITY.—In this paragraph, amounts appropriated pursuant to section ‘‘(B) the funds needed to pay out the an- the term ‘related entity’ means a contractor, 35009 of the Research and Innovative Tech- nounced amount of the increase have been subcontractor (at any tier), supplier, user, nology Administration Reauthorization Act appropriated or committed in writing by a customer, cooperating party, grantee, inves- of 2012. private source. tigator, or detailee. ‘‘(2) COMPREHENSIVE PLAN.—The Secretary ‘‘(6) CONGRESSIONAL NOTIFICATION.—A prize ‘‘(2) FINANCIAL RESPONSIBILITY.—A partici- shall develop a detailed and comprehensive competition under this section may offer a pant shall obtain liability insurance or dem- plan to carry out this subsection that ad- prize in an amount greater than $1,000,000 onstrate financial responsibility, in amounts dresses how incentives may be adopted, as only after 30 days have elapsed after written determined by the Secretary, for claims by— appropriate, through the existing deploy- notice has been transmitted to the Com- ‘‘(A) a third party for death, bodily injury, ment activities carried out by surface trans- mittee on Commerce, Science, and Transpor- or property damage, or loss resulting from portation modal administrations.’’. tation of the Senate and the Committee on an activity carried out in connection with SEC. 35009. AUTHORIZATION OF APPROPRIA- Science, Space, and Technology of the House participation in a competition, with the Fed- TIONS. of Representatives. eral Government named as an additional in- (a) IN GENERAL.—There are authorized to ‘‘(7) AWARD LIMIT.—A prize competition sured under the registered participant’s in- be appropriated out of the Highway Trust under this section may not result in the surance policy and registered participants Fund (other than the Mass Transit Account), award of more than $25,000 in cash prizes agreeing to indemnify the Federal Govern- under the conditions set forth in subsection without the approval of the Secretary. ment against third party claims for damages (b)— ‘‘(j) USE OF DEPARTMENT NAME AND INSIG- arising from or related to competition ac- (1) $27,297,000 for fiscal year 2012; and NIA.—A registered participant in a prize com- tivities; and petition under this section may use the De- (2) $27,597,000 for fiscal year 2013. ‘‘(B) the Federal Government for damage partment’s name, initials, or insignia only (b) APPLICABILITY OF TITLE 23, UNITED or loss to Government property resulting after prior review and written approval by STATES CODE.— from such an activity. the Secretary. (1) IN GENERAL.—Except as provided in ‘‘(g) JUDGES.— ‘‘(k) COMPLIANCE WITH EXISTING LAW.—The paragraph (2), amounts appropriated pursu- ‘‘(1) SELECTION.—For each prize competi- Federal Government shall not, by virtue of ant to subsection (a) shall be available for tion, the Secretary, either directly or offering or providing a prize under this sec- obligation in the same manner as if such through an agreement under subsection (h), tion, be responsible for compliance by reg- funds were apportioned under chapter 1 of shall assemble a panel of qualified judges to istered participants in a prize competition title 23, United States Code. select the winner or winners of the prize with Federal law, including licensing, export (2) FEDERAL SHARE.—The Federal share of competition on the basis described in sub- control, and non-proliferation laws, and re- the cost of a project or activity carried out section (d). Judges for each competition lated regulations.’’. with amounts appropriated pursuant to sub- shall include individuals from outside the (b) CONFORMING AMENDMENT.—The analysis section (a) shall be 50 percent unless another Administration, including the private sector. of chapter 3 of title 49, United States Code, percentage is— ‘‘(2) LIMITATIONS.—A judge selected under is amended by inserting before the item re- (A) expressly provided under this Act or this subsection may not— lating to section 336 the following: the amendments made by this Act; or

VerDate Mar 15 2010 01:58 Mar 08, 2012 Jkt 099060 PO 00000 Frm 00124 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S17FE2.REC S17FE2 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 17, 2012 CONGRESSIONAL RECORD — SENATE S1003 (B) determined by the Secretary. ‘‘(1) to implement a national policy and ‘‘(10) recommendations for the integration (3) AVAILABILITY; TRANSFERABILITY.— strategy to support, preserve, improve, and of freight and passenger service in a manner Amounts appropriated pursuant to sub- further develop existing and future high- that provides for mutual and complementary section (a) shall remain available until ex- speed and intercity passenger rail transpor- growth; pended and shall not be transferable. tation and freight rail transportation; and ‘‘(11) a plan for integrating any proposed TITLE VI—NATIONAL RAIL SYSTEM PRES- ‘‘(2) to provide a national framework to be new services with existing services; ERVATION, EXPANSION, AND DEVELOP- refined and implemented by regional rail ‘‘(12) service design and project execution MENT ACT OF 2012 plans under section 22702 and State rail plans protocols, including design and construction under 22703. SEC. 36001. SHORT TITLE. standards, requirements needed to ensure ‘‘(d) CONTENTS.—The national rail plan This title may be cited as the ‘‘National interoperability, and any other protocols the shall include— Rail System Preservation, Expansion, and Secretary deems appropriate; and ‘‘(1) the conditions under which Federal in- Development Act of 2012’’. ‘‘(13) additional factors that the Secretary vestments in intercity passenger rail and deems relevant. SEC. 36002. REFERENCES TO TITLE 49, UNITED freight rail are justified, including consider- STATES CODE. ation of— ‘‘§ 22702. Regional rail plans Except as otherwise expressly provided, ‘‘(A) population size and density; whenever in this title an amendment or re- ‘‘(a) IN GENERAL.—The Secretary shall— ‘‘(B) projected population and economic peal is expressed in terms of an amendment ‘‘(1) develop a regional rail plan for each to, or a repeal of, a section or other provi- growth and changing demographic character- region, except the Northeast Corridor, that sion, the reference shall be considered to be istics; contains a detailed plan for implementing made to a section or other provision of title ‘‘(C) connections to local rail and bus tran- the national rail plan, including any plans 49, United States Code. sit, alternative transportation options, and for public investment in projects that con- multi-modal freight transportation nodes; tribute to efficient movement and increased Subtitle A—Federal and State Roles in Rail ‘‘(D) economic profile of specific markets; Planning and Development Tools capacity for freight by— ‘‘(E) congestion on existing transportation ‘‘(A) regional rail authorities, as defined by SEC. 36101. RAIL PLANS. facilities and constraints on future capacity the Secretary; or (a) LONG-RANGE NATIONAL RAIL PLAN.— enhancements, in relation to efficient move- ‘‘(B) any 2 or more States that have en- Section 103 is amended by amending sub- ment of both goods and people; tered into interstate compacts, agreements, section (j)(2) to read as follows: ‘‘(F) distances between markets; or organizations for the purpose of devel- ‘‘(2) in coordination with the Secretary of ‘‘(G) geographic characteristics; oping such plans; and Transportation, develop and routinely up- ‘‘(H) demand for present and future freight ‘‘(2) in developing each regional rail plan, date a long-range national rail plan pursuant rail transportation services; coordinate with— to chapter 227;’’. ‘‘(I) ability to serve underserved commu- ‘‘(A) States; (b) NATIONAL RAIL PLAN.—Chapter 227 is nities and enhance intra-and inter-regional amended to read as follows: ‘‘(B) local communities; connectivity of mega-regions; ‘‘(C) railroad infrastructure owners; ‘‘§ 22701. National Rail Plan ‘‘(J) transportation safety data and anal- ‘‘(D) regional air quality planning agen- ‘‘(a) IN GENERAL.—The Secretary of Trans- yses; cies; portation shall— ‘‘(K) travel market size; and ‘‘(E) Amtrak; ‘‘(L) availability and quality of service ‘‘(1) not later than 1 year after the date of ‘‘(F) passenger rail service operators; from other transportation modes within a enactment of the — ‘‘(G) freight railroad operators; market; ‘‘(A) develop a long-range national rail ‘‘(H) metropolitan planning organizations; ‘‘(2) a national map with a prioritized des- plan— ‘‘(I) governing authorities for transit sys- ignation of existing and developing markets ‘‘(i) in coordination with the Adminis- tems or airports; to be served by specific rail routes and serv- trator of the Federal Railroad Administra- ‘‘(J) tribal governments; ices that meet the criteria described in para- tion and the Surface Transportation Board; ‘‘(K) the general public, including low-in- graph (1); and come and minority populations, people with ‘‘(3) defined corridor and service cat- ‘‘(ii) in consultation with Amtrak, freight disabilities, and older Americans; and railroads, nonprofit employee labor organi- egories, including— ‘‘(A) services to be offered; ‘‘(L) non-profit labor employee organiza- zations, and other rail industry stake- tions. holders; and ‘‘(B) peak or average speeds to be achieved; ‘‘(B) submit the national rail plan under ‘‘(C) frequencies to be offered; and ‘‘(b) PURPOSES.—The purposes of a regional subparagraph (A) to the Committee on Com- ‘‘(D) populations to be served; rail plan shall be to refine and advance the merce, Science, and Transportation of the ‘‘(4) a schedule and strategy for the phased implementation of the national rail plan Senate and the Committee on Transpor- implementation of corridors and services under section 22701. tation and Infrastructure of the House of identified in the plan; ‘‘(c) CONTENTS.—A regional rail plan shall Representatives; ‘‘(5) a discussion of benefits and costs of include— ‘‘(2) routinely update the national rail potential investments in high-speed or inter- ‘‘(1) a map— plan— city passenger rail or freight rail that con- ‘‘(A) that indicates detailed alignment al- ‘‘(A) in coordination with the Adminis- siders all system user and public benefits and ternatives for any new corridor identified in trator of the Federal Railroad Administra- costs from a network perspective, including the national rail plan under section 22701; tion and the Surface Transportation Board; factors such as potential ridership, travel and and time reductions and improved reliability, ‘‘(B) that identifies the location of each po- ‘‘(B) in consultation with Amtrak, freight benefits of enhanced mobility of goods and tential new station; railroads, nonprofit employee labor organi- people, environmental benefits, economic de- ‘‘(2) a phasing plan for developing or up- zations, and other rail industry stake- velopment benefits, and other public bene- grading specific segments of the regional holders; and fits; network; ‘‘(3) submit the updated national rail plan ‘‘(6) a strategy for investments in pas- ‘‘(3) the identification of any environ- under paragraph (2) at the same time as the senger stations, including investment in mental impact analyses required under the President’s budget submission. intermodal stations that are linked to local National Environmental Policy Act of 1969 ‘‘(b) NATIONAL RAIL PLAN.—The national public transportation, other intercity trans- (42 U.S.C. 4321 et seq.) or other laws (includ- rail plan shall— portation modes, and non-motorized trans- ing regulations); ‘‘(1) be subject to refinement by regional portation options, and that connect residen- ‘‘(4) a full capital cost estimate for devel- and State rail plans; tial areas, commercial areas, and other near- oping the regional network; ‘‘(2) be consistent with the rail needs of the by transportation facilities that support ‘‘(5) an analysis of operating financial fore- Nation and Federal surface transportation or intercity passenger rail and high-speed rail casts; multi-modal policies and plans, as deter- service, and in freight-related facilities, that ‘‘(6) a benefit-cost analysis for the regional mined by the Secretary; is consistent with other Federal strategy, network that considers both user and public ‘‘(3) promote an integrated, cohesive, safe, planning, and investment efforts; benefits and the costs from a network per- efficient, and optimized national rail system ‘‘(7) performance standards for fiscal and spective, including factors such as ridership for the movement of goods and people and to operational performance of new and en- projections, travel time reductions, en- support the national economy and other na- hanced high-speed and intercity passenger hanced mobility benefits, environmental tional needs; and rail services; benefits, economic benefits, and other public ‘‘(4) contain a specific national intercity ‘‘(8) analysis of the environmental impacts benefits; passenger rail development plan and a of the national rail plan; ‘‘(7) an analysis of potential land use poli- freight rail plan that are consistent with ‘‘(9) recommendations for project financ- cies and strategies for areas near high-speed other Federal strategy, planning, and invest- ing, management and implementation for and intercity passenger rail stations; ment efforts. corridor development, station development, ‘‘(8) potential non-Federal funding sources, ‘‘(c) OBJECTIVES.—The objectives of the na- freight capacity development, and similar including a detailed consideration of antici- tional rail plan are— projects; pated private sector participation;

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‘‘(9) a proposal for the institutional and ‘‘(C) the submission of the State’s approved ‘‘(f) LONG-RANGE RAIL SERVICE AND INVEST- governance structures that will be necessary State rail plan to the Secretary for review MENT PROGRAM.— to develop the regional network; and approval; and ‘‘(1) CONTENTS.—A long-range rail service ‘‘(10) other project implementation consid- ‘‘(D) the revision and resubmittal of a and investment program under subsection erations, including an analysis of the readi- State-approved State rail plan for review and (e)(6) shall include— ness of specific corridors to proceed for de- approval by the Secretary not less than once ‘‘(A) a prioritized list of any freight or velopment; every 5 years. intercity passenger rail capital projects ex- ‘‘(11) an examination of multi-modal con- ‘‘(2) REVIEW.—The Secretary shall pre- pected to be commenced or supported in nections that considers the most cost-effec- scribe procedures for a State to submit a whole or in part by the State; and tive means for achieving the region’s trans- State rail plan for review and approval, in- ‘‘(B) a detailed capital and operating fund- portation goals and objectives; cluding standardized format and data re- ing plan for each rail capital project under ‘‘(12) identification of plans for cost-effec- quirements. subparagraph (A). tive, public investment in intercity pas- ‘‘(3) COMPLIANCE.—The Secretary shall ‘‘(2) RAIL CAPITAL PROJECTS LIST.— senger rail projects that contribute toward deem a State rail plan to be in compliance ‘‘(A) CONTENTS.—A list of rail capital the efficient movement and increased capac- with this chapter if the State rail plan— projects under paragraph (1)(A) shall in- ity for freight rail operations; ‘‘(A) is completed before the date of enact- clude— ‘‘(13) a list of capital projects needed to im- ment of the ; and ‘‘(i) a description of the anticipated public plement a region’s portion of the national ‘‘(B) substantially meets the requirements and private benefits of each rail capital rail plan; of chapter 227 as in effect on the day before project; and ‘‘(14) a plan for coordinating service and the date of enactment of . ‘‘(ii) a statement of the correlation be- capital projects with adjacent regions; ‘‘(4) UPDATES.—A State rail plan that is tween— ‘‘(15) a plan for crossing international bor- deemed in compliance under paragraph (3) ‘‘(I) public funding contributions for each ders, as appropriate; shall be updated not later than 1 year after rail capital project; and ‘‘(16) a plan for integrating any proposed the date of enactment of the . ‘‘(II) the public benefits. new services with existing service; and ‘‘(e) CONTENTS.—A State rail plan shall in- ‘‘(B) CONSIDERATIONS.—A State rail trans- ‘‘(17) a description of how the regional rail clude— portation authority shall consider, when pre- plan refines and advances the implementa- ‘‘(1) an inventory of the existing overall paring a list of rail capital projects under tion of the national rail plan. rail transportation system and rail services this subsection— ‘‘(d) UPDATES.—Not later than 1 year after and facilities within the State; ‘‘(i) contributions made by non-Federal the publication of the national rail plan ‘‘(2) an analysis of the role of rail transpor- and non-State sources through user fees, under section 22701 and periodically there- tation within the State’s surface transpor- matching funds, or other private capital in- after, the Secretary shall update each re- tation system; volvement; gional rail plan— ‘‘(3) a review of all rail lines within the ‘‘(ii) rail capacity and congestion effects; ‘‘(1) to reflect any material changes to the State, including any proposed high-speed rail ‘‘(iii) effects on highway, aviation, and contents under subsection (c); and corridors and significant rail line segments maritime capacity, congestion, and safety; ‘‘(2) to include any changes made to the not currently in service; ‘‘(iv) regional balance; national rail plan under section 22701. ‘‘(4) a statement of the State’s passenger ‘‘(v) environmental impact; ‘‘(e) WAIVER.—The Secretary may waive a rail service objectives, including minimum ‘‘(vi) economic and employment impacts; content requirement under subsection (c) as service levels, for rail transportation routes and necessary to accommodate a unique char- within the State; ‘‘(vii) projected ridership and other service acteristic or situation in a region. ‘‘(5) a general analysis of rail’s transpor- measures for passenger rail projects. ‘‘(g) A State shall not be eligible to receive ‘‘§ 22703. State rail plans tation, economic, and environmental im- pacts within the State, including congestion financial assistance under chapter 244 or 261 ‘‘(a) IN GENERAL.—A State may prepare mitigation, trade and economic develop- unless the State completes a State rail plan and maintain a State rail plan. A State rail ment, air quality, land-use, energy-use, and pursuant to this section. plan shall— community impacts; ‘‘§ 22704. Transparency and coordination ‘‘(1) be consistent with the national rail ‘‘(6) a long-range rail service and invest- ‘‘(a) PREPARATION AND REVIEW.— plan under section 22701; ment program for current and future freight ‘‘(1) FEDERAL TRANSPARENCY.—The Sec- ‘‘(2) be consistent with the regional rail and intercity passenger infrastructure with- plans under section 22702; retary of Transportation shall provide ade- in the State that meets the requirements quate and reasonable notice and an oppor- ‘‘(3) coordinate with other State transpor- under subsection (f); tation planning goals and programs, includ- tunity for comment to the public, rail car- ‘‘(7) a statement of the public financing riers, commuter and transit authorities (op- ing the statewide transportation plans under issues for rail projects or service within the section 135 of title 23, and erating in or affected by rail operations State, including a list of current and pro- within the region or State), units of local ‘‘(4) set forth rail transportation’s role spective public capital and operating funding within the State’s transportation system. government, and other interested parties resources, public subsidies, State taxation, when the Secretary prepares or reviews the ‘‘(b) PURPOSES.—The purposes of a State and other financial policies relating to rail rail plan shall be to refine and advance the national rail plan under section 22701 or a re- infrastructure development; gional rail plan under section 22702. implementation of the national rail plan and ‘‘(8) the identification of rail infrastruc- ‘‘(2) STATE TRANSPARENCY.—A State shall relevant regional rail plan under sections ture issues within the State, after consulting 22701 and 22702. provide adequate and reasonable notice and with relevant stakeholders; an opportunity for comment to the public, ‘‘(c) OBJECTIVES.—The objectives of a State ‘‘(9) a review of major passenger and rail carriers, commuter and transit authori- rail plan shall be— freight intermodal rail connections and fa- ties (operating in or affected by rail oper- ‘‘(1) to set forth the State’s policy on cilities within the State, including seaports; ations within the region or the State), units freight and intercity passenger rail transpor- ‘‘(10) a list of prioritized options to maxi- of local government, and other interested tation, including commuter rail operations, mize service integration and efficiency be- parties, when the State prepares or reviews a within the State; tween rail and other modes of transportation State rail plan under section 22703. ‘‘(2) to establish the time period covered by within the State; ‘‘(b) INTERGOVERNMENTAL COORDINATION.— the State rail plan; ‘‘(11) a review of publicly funded projects A State shall— ‘‘(3) to present the priorities and strategies within the State to improve rail transpor- ‘‘(1) review the freight and passenger rail to enhance rail service within the State that tation safety and security, including major service activities and initiatives by regional benefits the public; and projects funded under section 130 of title 23; planning agencies, regional transportation ‘‘(4) to serve as the basis for Federal and ‘‘(12) a performance evaluation of pas- authorities, and municipalities (within the State rail investments within the State. senger rail services operating in the State, State or within the region in which the ‘‘(d) REQUIREMENTS.— including possible improvements to those State is located) when preparing a State rail ‘‘(1) ESTABLISHMENT.—The Secretary shall services and a description of strategies to plan; and establish minimum requirements, consistent achieve the improvements; ‘‘(2) include any recommendations made by with sections 22701 and 22702, for the prepara- ‘‘(13) a compilation of studies and reports the regional planning agencies, regional tion and periodic revision of a State rail on high-speed rail corridor development transportation authorities, and municipali- plan, including— within the State that were not included in a ties (within the State or within the region in ‘‘(A) the establishment or designation of a prior plan under this chapter; which the State is located), as deemed appro- State rail transportation authority to pre- ‘‘(14) a plan for funding any recommended priate by the State. pare, maintain, coordinate, and administer development of a high-speed rail corridor the State rail plan; within the State; and ‘‘§ 22705. Definitions ‘‘(B) the establishment or designation of a ‘‘(15) a statement that the State is in com- ‘‘In this chapter: State approval authority to approve the pliance with the requirements of section ‘‘(1) PRIVATE BENEFIT.—The term ‘private State rail plan; 22102. benefit’ means a benefit—

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COOPERATIVE EQUIPMENT POOL. project basis, based upon an agreement be- shall enhance the usefulness of assessments (a) IN GENERAL.—The Next Generation Cor- tween the parties; of benefits and costs, for both intercity pas- ridor Equipment Pool Committee established ‘‘(B) that is accrued to a person or private senger rail and freight rail projects by— under section 305 of the Passenger Rail In- entity, other than Amtrak, that directly im- (1) providing ongoing guidance and train- vestment and Improvement Act of 2008 (49 proves the economic and competitive condi- ing on developing benefit and cost informa- U.S.C. 24101 note) shall continue to imple- tion of the person or private entity through tion for rail projects; ment its authorized functions, as appro- improved assets, cost reductions, service im- (2) providing more direct and consistent re- priate, and shall maintain and update, as provements, or other means as defined by quirements for assessing benefits and costs needed, the specifications created by the the Secretary; or across transportation funding programs, in- Committee. ‘‘(C) that is defined by the Secretary, with cluding the appropriate use of discount (b) EQUIPMENT POOLING ENTITY.—Section advice from the States and rail carriers if rates; 305 of the Passenger Rail Investment and Im- the Secretary deems such advice necessary. (3) requiring an applicant to clearly com- provement Act of 2008 (49 U.S.C. 24101 note), ‘‘(2) PUBLIC BENEFIT.—The term ‘public municate the methodology that is used to is amended by adding at the end the fol- benefit’ means a benefit— calculate the project benefits and costs, in- lowing: ‘‘(A) that is determined on a project-by- cluding information on assumptions under- ‘‘(f) EQUIPMENT POOLING ENTITY.— project basis, based upon an agreement be- lying calculations, strengths and limitations ‘‘(1) ESTABLISHMENT.—Not later than 1 year tween the parties; of data used, and the level of uncertainty in after the date of enactment of the , the Com- ‘‘(B) that is accrued to the public, includ- estimates of project benefits and costs; and mittee shall create an equipment pooling en- ing Amtrak, in the form of enhanced mobil- (4) ensuring that an applicant receives tity that includes— ity of people or goods, environmental protec- clear and consistent guidance on values to ‘‘(A) Amtrak; tion or enhancement, congestion mitigation, apply for key assumptions used to estimate ‘‘(B) States that purchase, with Federal enhanced trade and economic development, potential project benefits and costs. funds, intercity passenger rail rolling stock improved air quality or land use, more effi- (d) CONFIDENTIAL DATA.—For the purposes and equipment that is built in accordance cient energy use, enhanced public safety or of this section, the Secretary of Transpor- with the specifications created by the Next security, reduction of public expenditures tation shall protect any confidential data Generation Corridor Equipment Pool Com- due to improved transportation efficiency or from public disclosure and such confidential mittee; and infrastructure preservation, and any other data shall only be provided on the basis of a ‘‘(C) other States and entities, as appro- positive community effects as defined by the voluntary agreement. priate. Secretary; or SEC. 36104. SHARED-USE CORRIDOR STUDY. ‘‘(2) IN GENERAL.—The equipment pooling ‘‘(C) that is defined by the Secretary, with (a) IN GENERAL.—Not later than 2 years entity— advice from the States and rail carriers if after the date of enactment of this Act, the ‘‘(A) may— the Secretary deems such advice necessary. Secretary shall complete a shared-use cor- ‘‘(i) be a corporation or other cooperative ‘‘(3) STATE.—The term ‘State’ means any of ridor study, in consultation with the Surface entity; and the 50 States and the District of Columbia. Transportation Board, Amtrak, freight rail- ‘‘(ii) be owned or jointly-owned by Amtrak, roads, States, non-profit employee labor or- ‘‘(4) STATE RAIL TRANSPORTATION AUTHOR- a participating State, or other entity; and ganizations, and other users of the rail sys- ITY.—The term ‘State rail transportation au- ‘‘(B) shall be authorized to— tem, as appropriate, to evaluate the best thority’ means the State agency or official ‘‘(i) lease or acquire intercity passenger means to enhance and support the further responsible under the direction of the Gov- rail rolling stock and equipment used in development of high-speed and intercity pas- ernor of the State or a State law for the senger rail service within United States State-supported corridor services on routes preparation, maintenance, coordination, and shared-use corridors. that are not more than 750 miles between administration of the State rail plan.’’. (b) CONTENTS.—In conducting the shared- end points, including by entering into agree- SEC. 36102. IMPROVED DATA ON DELAY. use corridor study, the Secretary shall— ments for the funding, financing, procure- Not later than 1 year after the date of en- (1) survey the access arrangements for ment, remanufacture, ownership, and dis- actment of this Act, the Secretary of Trans- high-speed and intercity passenger rail serv- posal of the intercity passenger rail rolling portation, in coordination with Amtrak, ice for use of rail infrastructure, assets and stock and equipment; freight railroads, and other parties, as appro- facilities owned by freight railroads, com- ‘‘(ii) maintain, manage, and allocate inter- priate, shall develop guidance for developing muter authorities, or other entities, and city passenger rail rolling stock and equip- improved, including automated, means of standard processes for the resolution of dis- ment for use in State-supported corridor measuring on-time performance delays. putes relating to such access; services, including by charging appropriate SEC. 36103. DATA AND MODELING. (2) evaluate the roles and responsibilities amounts for the use (including depreciation (a) DATA.—Not later than 1 year after the of high-speed and intercity passenger rail, and financing costs) of the intercity pas- date of enactment of this Act, the Secretary freight rail, and commuter rail service pro- senger rail rolling stock and equipment; and of Transportation shall conduct a data needs viders and infrastructure owners in com- ‘‘(iii) ensure adequate quantity and quality assessment, in consultation with the Surface plying with Federal, State, and local appli- of appropriate intercity passenger rail roll- Transportation Board, Amtrak, freight rail- cable requirements within United States ing stock and equipment to support the roads, and State and local governments, to shared-use corridors; State-supported corridor services’ needs as support the development of an efficient and (3) evaluate the roles and responsibilities identified in the national rail plan, regional effective intercity passenger rail network. of Federal, State, and local governments, in- rail plans, or State rail plans under chapter The data needs assessment shall, among frastructure owners, and high speed and 227. other things— intercity passenger rail, freight rail, and ‘‘(3) TRANSFER OF EQUIPMENT.—Amtrak, (1) identify the data needed to conduct commuter rail service providers in sup- after consultation with the Secretary, may cost-effective modeling and analysis for porting both the preservation and expansion sell, lease, or otherwise transfer equipment high-speed and intercity passenger rail de- of high-speed and intercity passenger rail currently owned or leased by Amtrak to the velopment programs; service, freight transportation, and com- equipment pooling entity. The operation and (2) determine limitations to the data used muter transportation on shared infrastruc- utilization of any equipment transferred to for inputs and develop a strategy to address ture or rights-of-way; the equipment pooling entity shall be cov- the limitations; (4) evaluate the roles and responsibilities ered by section 24405(b). (3) identify barriers to accessing existing of high-speed and intercity passenger rail, ‘‘(4) TRANSFER REQUIREMENT.—A State data; freight rail, and commuter rail service pro- shall sell, lease, or otherwise transfer equip- (4) include recommendations regarding viders in achieving satisfactory on time per- ment built in accordance with the specifica- whether the authorization of additional data formance for passenger and freight rail serv- tions created by the Next Generation Cor- collection for intercity passenger rail travel ices in shared use corridors; and ridor Equipment Pool Committee and pur- is warranted; and (5) evaluate other issues identified by the chased with Federal funds to the equipment (5) determine which entities will be respon- Secretary. pooling entity unless the Secretary exempts sible for generating or collecting needed (c) REPORT.—Not later than 90 days after a State from this requirement. data. the date the shared-use corridor study is ‘‘(g) GRANT FUNDING.—A capital project to (b) MODELING.—Not later than 1 year after completed under subsection (a), the Sec- carry out this section shall be eligible for the date of enactment of this Act, the Sec- retary shall— grants under chapter 244. The equipment retary of Transportation shall develop or im- (1) report the results of the shared-use cor- pooling entity shall be an eligible grant re- prove modeling capabilities to support the ridor study to the Senate Committee on cipient under chapter 244.’’. development of an efficient and effective Commerce, Science, and Transportation and SEC. 36106. PROJECT MANAGEMENT OVERSIGHT intercity passenger rail network, including the House of Representatives Committee on AND PLANNING. service development, capacity expansion, Transportation and Infrastructure; and Section 101(d) of the Passenger Rail Invest- cost-effectiveness, and ridership estimates. (2) make the shared-use corridor study ment and Improvement Act of 2008 (122 Stat. (c) BENEFIT-COST ANALYSIS.—Not later available to the public on the Department of 4908) is amended— than 1 year after the date of enactment of Transportation’s website. (1) by striking ‘‘1⁄2 of’’; and

VerDate Mar 15 2010 01:58 Mar 08, 2012 Jkt 099060 PO 00000 Frm 00127 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S17FE2.REC S17FE2 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1006 CONGRESSIONAL RECORD — SENATE February 17, 2012 (2) by inserting ‘‘and joint capital plan- retary to have met the requirements of sub- ‘‘(2) The Secretary may use amounts avail- ning’’ after ‘‘oversight’’. section (c)(1)(A) of this section.’’; able under paragraph (1) to directly under- SEC. 36107. IMPROVEMENTS TO THE CAPITAL AS- (5) by amending section 24402(e) to read as take or make contracts for project planning SISTANCE PROGRAMS. follows: and design participation or safety, procure- (a) AMENDMENTS TO CHAPTER 244.—Chapter ‘‘(e) PROJECT TRANSFERS.—The Secretary ment, management, and financial compli- 244 is amended— may permit a recipient under this section to ance reviews and audits of a recipient of (1) in section 24401(1)— enter into a cooperative agreement to trans- grants awarded under this chapter. (A) by striking ‘‘or’’ the first place it ap- fer the grant and related responsibilities and ‘‘(3) The Federal Government shall pay the pears; and requirements to Amtrak to expedite, en- entire cost of carrying out a contract under (B) by striking ‘‘service.’’ and inserting hance, or otherwise facilitate the completion this subsection.’’; and ‘‘service, or Amtrak.’’; of the project and any such transfer shall be (13) in section 24405 by adding ‘‘or between (2) by amending section 24402(b) to read as subject to the requirements of this chap- Amtrak and the railroad’’ after ‘‘railroad’’ in follows: ter.’’; subsection (c)(1). ‘‘(b) PROJECT AS PART OF THE NATIONAL (6) in the heading of section 24402(f), by (b) CHAPTER 244 GRANT PROCEDURES.—Not RAIL PLAN, REGIONAL RAIL PLANS, OR STATE striking ‘‘AND EARLY SYSTEMS WORK AGREE- later than 180 days after the date of enact- RAIL PLANS.— MENTS’’; ment of this Act, the Secretary of Transpor- ‘‘(1) GRANT APPROVAL.—The Secretary may (7) by amending section 24402(f)(1) to read tation shall issue a final rule establishing not approve a grant for a project under this as follows: grant procedures, as required by section section unless the Secretary finds that— ‘‘(1) In implementing this section, the Sec- 24402(a) of title 49, United States Code. ‘‘(A) the project is part of the national rail retary may issue a letter of intent to an ap- (c) AMENDMENTS TO CHAPTER 261.—Chapter plan, a regional rail plan, or a State rail plan plicant announcing an intention to obligate, 261 is amended— under chapter 227; or for a major capital project under this sec- (1) in section 26106— ‘‘(B) the project is part of the capital tion, an amount from future available budg- (A) by amending subsection (a) to read as spending plan under section 211 of the Pas- et authority specified in law that is not more follows: senger Rail Investment and Improvement than the amount stipulated as the financial ‘‘(a) IN GENERAL.—The Secretary of Trans- Act of 2008 (49 U.S.C. 24902 note); and participation of the Secretary in the portation shall establish and implement a ‘‘(C) the applicant or recipient has or will project.’’; high-speed rail corridor program consistent have directly or through appropriate agree- (8) in section 24402(g) by— with the national rail plan, regional rail ments with other entities, as approved by (A) amending paragraph (1)(B) to read as plans, and State rail plans required by chap- the Secretary— follows: ter 227 of title 49, United States Code.’’; ‘‘(i) the legal, financial, and technical ca- ‘‘(B) A grant— (B) by amending subsection (b)(2) to read pacity to carry out the project; ‘‘(i) for a project designated as part of a as follows: ‘‘(ii) satisfactory continuing control over priority corridor or service by the national ‘‘(2) CORRIDOR.—The term ‘corridor’ the use of the equipment or facilities; and rail plan and scheduled within the national means— ‘‘(iii) the capability and willingness to rail plan to be implemented within a time ‘‘(A) a corridor designated by the Sec- maintain the equipment or facilities. frame consistent with the grant application retary pursuant to section 104(d)(2) of title ‘‘(2) PROVISION OF INFORMATION.—An appli- shall not exceed 80 percent of the project net 23; or cant or recipient shall provide sufficient in- capital cost; ‘‘(B) a corridor expected to achieve high- formation for the Secretary to make the re- ‘‘(ii) for a project to implement a perform- speed service pursuant to section 22701 of quired findings under this subsection. ance improvement plan under section 24710 title 49.’’; ‘‘(3) JUSTIFICATION.—An applicant or re- shall not exceed 100 percent of the net (C) in subsection (e)(2)(A)— cipient, except for Amtrak, that did not se- project capital cost; and (i) in clause (ii), by inserting ‘‘, directly or lect the proposed operator of its service com- ‘‘(iii) for any other project shall not exceed through appropriate agreements with other petitively shall provide written justification 50 percent of the net project capital cost.’’; entities,’’ after ‘‘have’’; to the Secretary substantiating— and (ii) in clause (v), by inserting ‘‘, except for ‘‘(A) why the proposed operator is the best, (B) by adding at the end the following: Amtrak,’’ after ‘‘applicant’’; taking into account price and other factors; ‘‘(5) When Amtrak is an applicant under (iii) in clause (vi), by striking ‘‘; and’’ and and this chapter, it may use ticket and other inserting a semicolon; ‘‘(B) that the use of the proposed operator revenues generated from its operations and (iv) in clause (vii)(II), by striking ‘‘(if it is will not unnecessarily increase the cost of other sources to satisfy the non-Federal available)’’; and the project.’’; share requirements under this subsection, (v) by adding at the end the following: (3) in section 24402(c)— except that Amtrak may not use Federal ‘‘(viii) that the project and the high-speed (A) by amending paragraph (1)(A) to read funds authorized under subsections (a) or (c) rail services it supports are coordinated and as follows: of section 101 of the Passenger Rail Invest- integrated with existing and planned conven- ‘‘(1) that the project be part of the national ment and Improvement Act of 2008 (122 Stat. tional intercity passenger rail services; rail plan, a regional rail plan, or a State rail 4908).’’; ‘‘(ix) that the Secretary, and Amtrak at plan under chapter 227, or the capital spend- (9) in section 24402(h), by striking ‘‘2’’ each the Secretary’s request, are permitted to ing plan under section 211 of the Passenger place it appears and inserting ‘‘3’’; participate in the planning, design, manage- Rail Investment and Improvement Act of (10) in section 24402(i)(1), by striking ‘‘A ment, and delivery of the project, as nec- 2008 (49 U.S.C. 24902 note);’’; metropolitan planning organization, State essary to ensure project success and promote (B) in paragraph (1)(D), by inserting ‘‘, ex- transportation department, or other project interstate commerce; and cept for Amtrak,’’ after ‘‘an applicant’’; sponsor’’ and inserting ‘‘An applicant’’; ‘‘(x) that the Federal government is ac- (C) by amending paragraph (1)(F) to read as (11) by amending section 24402(k) to read as corded an appropriate participation, over- follows: follows: sight, ownership, or control in the project ‘‘(F) that each project be compatible with ‘‘(k) SMALL CAPITAL PROJECTS.—The Sec- and operate in conformance with plans de- retary shall make not less than 5 percent an- commensurate with the level of Federal in- veloped pursuant to the requirements of sec- nually available from the amounts appro- vestment as determined by the Secretary;’’; tion 135 of title 23, United States Code;’’; priated under section 24406 beginning in fis- and (D) in paragraph (2)(C), by striking ‘‘and’’; cal year 2009 for grants for capital projects (D) in subsection (e)(4), by striking ‘‘pursu- (E) in paragraph (3)(B)(iii), by striking the eligible under this section not exceeding ant to section 22506 of this title’’. period and inserting ‘‘; and’’; and $10,000,000, including costs eligible under sec- (d) CONGESTION GRANTS.—Section 24105 is (F) by adding at the end the following: tion 209(d) of the Passenger Rail Investment amended— ‘‘(4) achieve the appropriate mix of and Improvement Act of 2008 (49 U.S.C. 24101 (1) in subsection (a)— projects selected for funding to ensure the note). For grants awarded under this sub- (A) by striking ‘‘in cooperation with advancement of the national rail plan, in- section, the Secretary may waive one or States’’ and ‘‘high priority rail corridor’’; cluding both the development of new or ex- more of the requirements of this section, in- (B) by striking ‘‘congestion’’ and inserting panded routes and services and the mainte- cluding State rail plan requirements, or of ‘‘freight or commuter railroad congestion nance and improvement of the current rail section 24405(c)(1)(B), as appropriate.’’; that impacts intercity passenger trains, en- system.’’; (12) by amending section 24403(b) to read as hance route performance, preserve service,’’; (4) by amending section 24402(d) to read as follows: and follows: ‘‘(b) SECRETARIAL OVERSIGHT AND PARTICI- (C) by striking the period and inserting ‘‘(d) STATE RAIL PLANS.—State rail plans PATION.— ‘‘on routes defined under section completed before the date of enactment of ‘‘(1) The Secretary may use not more than 24102(5)(C).’’; the Passenger Rail Investment and Improve- 1 percent of amounts made available in a fis- (2) in subsection (b)— ment Act of 2008 (122 Stat. 4907) that substan- cal year for capital projects under this chap- (A) by inserting ‘‘or the Federal Railroad tially meet the requirements of chapter 227 ter to participate in the planning, manage- Administration’’ after ‘‘Amtrak’’; as in effect on the day before the date of en- ment, and oversight of the development and (B) by striking ‘‘congestion’’ and inserting actment of the , shall be deemed by the Sec- implementation of any such projects. ‘‘freight or commuter railroad congestion

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that impacts intercity passenger trains, en- (3) SOCIALLY AND ECONOMICALLY DISADVAN- States, local governments, Amtrak, freight hance route performance, preserve service,’’; TAGED INDIVIDUALS.— railroad, and non-profit employee labor orga- (C) by striking ‘‘; and’’ and inserting a pe- (A) IN GENERAL.— nizations— riod; and (i) SOCIALLY DISADVANTAGED INDIVIDUALS.— (1) complete a study regarding workforce (D) by striking paragraph (3); The term ‘‘socially disadvantaged individ- development needs in the passenger and (3) in subsection (c), by striking ‘‘80’’ and uals’’ has the meaning given the term in sec- freight rail industry, including what knowl- inserting ‘‘100’’; and tion 8(a)(5)of the Small Business Act (15 edge and skill gaps in planning, financing, (4) in subsection (d), by inserting ‘‘, except U.S.C. 637(a)(5)), and relevant subcontracting engineering, and operating passenger and that the Secretary may waive the require- regulations issued pursuant to that Act. freight rail systems exist, to assist in cre- ments of section 24405(c)(1)(B), as appro- (ii) ECONOMICALLY DISADVANTAGED INDIVID- ating programs to help improve the rail in- priate, for grants totaling less than UALS.—The term ‘‘economically disadvan- dustry; $10,000,000’’ after ‘‘title’’. taged individuals’’ has the meaning given (2) make recommendations based on the re- (e) ADDITIONAL HIGH-SPEED RAIL the term in section 8(a)(6) of the Small Busi- sults of the study; and PROJECTS.—The Passenger Rail Investment ness Act (15 U.S.C. 637(a)(6)), and relevant (3) report the findings and recommenda- and Improvement Act of 2008 (122 Stat. 4907) subcontracting regulations issued pursuant tions to the Committee on Commerce, is amended by striking section 502. to that Act. Science, and Transportation of the Senate SEC. 36108. LIABILITY. (B) INCLUSIONS.—For purposes of this sec- and the Committee on Transportation and (a) CLARIFICATION OF COMMUTER RAIL LI- tion, women shall be presumed to be socially Infrastructure of the House of Representa- ABILITY.—Section 28103 is amended— and economically disadvantaged individuals. tives. (1) in subsection (a)(2), by inserting, ‘‘, in- (b) IN GENERAL.—Except to the extent that SEC. 36111. VETERANS EMPLOYMENT. cluding commuter rail passengers,’’ after the Secretary determines otherwise, not less Not later than 180 days after the date of ‘‘rail passengers,’’; than 10 percent of the amounts made avail- enactment of this Act, the Secretary of (2) by amending subsection (b) to read as able for any program under chapter 244, sec- Transportation shall— follows: tion 24105, or section 26106 of title 49, United (1) conduct a study to evaluate the best ‘‘(b) CONTRACTUAL OBLIGATIONS.—A pro- States Code, shall be expended through a means for providing a preference to veterans vider of rail passenger transportation may small business concern owned and controlled in the awarding of contracts and sub- enter into contracts that allocate financial by 1 or more socially and economically dis- contracts using amounts made available responsibility for claims. Such contracts advantaged individuals. under chapter 244, and sections 24105 and shall be enforceable notwithstanding any (c) ANNUAL LISTING OF DISADVANTAGED 26104 of title 49, United States Code; other provision of law, common law, or pub- SMALL BUSINESS CONCERNS.—Each State (2) make recommendations based on the re- lic policy, or the nature of the conduct giv- shall annually— sults of the study; and ing rise to the damages or liability.’’; and (1) survey each small business concern in (3) report the findings and recommenda- (3) in subsection (e)— the State; tions to the Committee on Commerce, (A) by striking ‘‘and’’ at the end of para- (2) compile a list of all of the small busi- Science, and Transportation of the Senate graph (2); ness concerns in the State, including the lo- and the Committee on Transportation and (B) by striking the period at the end of cation of each small business concern in the Infrastructure of the House of Representa- paragraph (3) and inserting ‘‘; and’’; and State; and tives. (C) by adding at the end the following: (3) notify the Secretary, in writing, of the Subtitle B—Amtrak percentage of the small business concerns ‘‘(4) the term ‘rail passenger transpor- SEC. 36201. STATE-SUPPORTED ROUTES. that— tation’ includes commuter rail transpor- (a) GRANT AVAILABILITY.—In addition to tation.’’. (A) are controlled by women; the uses permitted under section 209(d) of the (b) STUDY.— (B) are controlled by socially and economi- Passenger Rail Investment and Improvement (1) IN GENERAL.—Not later than 1 year after cally disadvantaged individuals (except for Act of 2008 (49 U.S.C. 24101 note), a State may the date of enactment of this Act, the Sec- women); and use funds provided under section 24406 of retary of Transportation shall conduct a (C) are controlled by individuals who are title 49, United States Code, to temporarily study regarding options for clarifying and women and who are socially and economi- pay Amtrak some or all of the operating improving passenger rail liability require- cally disadvantaged individuals. costs for services identified under section ments and arrangements, including those re- (d) UNIFORM CERTIFICATION.—The Sec- 24102(5)(D) of title 49, United States Code, de- lated to environmental liability, necessary retary shall establish minimum uniform cri- termined under the methodology established for supporting the continued development teria for State governments to use in certi- pursuant to section 209 of the Passenger Rail and improvement of the national passenger fying whether a small business concern Investment and Improvement Act of 2008 (49 rail system and the furtherance of the na- qualifies under this section. The minimum U.S.C. 24101 note), that exceed— tional rail plan under chapter 227 of title 49, uniform criteria shall include— (1) the operating costs (adjusted for infla- United States Code. The study shall con- (1) an on-site visit; tion) that the State paid Amtrak for the sider— (2) a personal interview; same services in the year prior to the imple- (A) whether to expand statutory liability (3) a license; mentation of section 209 of that Act; or limits to third parties; and (4) an analysis of stock ownership; (2) if the services were not fully State-sup- (B) whether to revise the current statutory (5) an analysis of bonding capacity; ported in that year, the full cost the State liability limits based on inflation or other (6) the listing of equipment; would have paid Amtrak under the State- methods to improve the certainty of liability (7) the listing of work completed; and supported service costing methodology then coverage. (8) a resume of each principal owner, the fi- in effect. (2) REPORT.—Not later than 90 days after nancial capacity, and the type of work pre- (b) TRANSITION ASSISTANCE GUIDANCE.—Not the date of completion of the study, the Sec- ferred. later than 180 days after the Surface Trans- retary shall submit the results of the study (e) REPORTING.—The Secretary shall estab- portation Board determines the appropriate and any associated recommendations to the lish minimum requirements for State gov- methodology pursuant to section 209 of the Committee on Commerce, Science, and ernments to use in reporting to the Sec- Passenger Rail Investment and Improvement Transportation of the Senate and the Com- retary information concerning disadvan- Act of 2008 (49 U.S.C. 24101 note), the Sec- mittee on Transportation and Infrastructure taged business enterprise awards, commit- retary shall develop a transition assistance of the House of Representatives. ments, and achievements, and such other in- guidance that includes— SEC. 36109. DISADVANTAGED BUSINESS ENTER- formation as the Secretary determines ap- (1) criteria for phasing-out the temporary PRISES. propriate for the proper monitoring of the operating assistance under this section not (a) DEFINITIONS.—In this section: disadvantaged business enterprise program. later than October 1, 2017; (1) SECRETARY.—The term ‘‘Secretary’’ (f) COMPLIANCE WITH COURT ORDERS.— (2) a grant application process that per- means the Secretary of Transportation. Nothing in this section shall limit the eligi- mits— (2) SMALL BUSINESS CONCERN.—The term bility of a person to receive funds made (A) States to apply for such funds individ- ‘‘small business concern’’ has the meaning available under chapter 244, section 24105, or ually or collectively; and given the term in section 3 of the Small section 26106 of title 49, United States Code, (B) Amtrak to be considered the grant re- Business Act (15 U.S.C. 632), except the term if the person is prevented, in whole or in cipient of such funds upon an agreement be- does not include any concern or group of part, from complying with subsection (b) be- tween a State or States and Amtrak; and concerns that— cause a Federal court issues a final order in (3) policies governing financial terms, re- (A) are controlled by the same socially and which the court finds that the requirement payment conditions, and other terms of fi- economically disadvantaged individual or in- of subsection (b) or the program established nancial assistance. dividuals; and under subsection (b) is unconstitutional. (c) ELIGIBILITY.—To be eligible for Federal (B) have average annual gross receipts over SEC. 36110. WORKFORCE DEVELOPMENT. transition assistance, an intercity passenger the preceding 3 fiscal years in excess of Not later than 1 year after the date of en- rail service shall provide high-speed or inter- $22,410,000, as adjusted annually by the Sec- actment of this Act, the Secretary of Trans- city passenger rail revenue operation on retary for inflation. portation shall, in consultation with the routes that are subject to section 209 of the

VerDate Mar 15 2010 01:58 Mar 08, 2012 Jkt 099060 PO 00000 Frm 00129 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S17FE2.REC S17FE2 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1008 CONGRESSIONAL RECORD — SENATE February 17, 2012 Passenger Rail Investment and Improvement administrative support services necessary ‘‘(E) the capital and operating plans of all Act of 2008 (49 U.S.C. 24101 note). for the Commission to carry out its respon- entities operating on the Northeast Corridor; (d) FEDERAL SHARE.—The Federal share of sibilities under this section. ‘‘(F) improvement programs and service grants under this paragraph for eligible costs ‘‘(10) CONSULTATION WITH OTHER ENTITIES.— initiatives planned by corridor owners and may be up to 100 percent of the total costs The Commission shall consult with other en- users; under subsection (a). tities as appropriate. ‘‘(G) relevant local, State, and Federal SEC. 36202. NORTHEAST CORRIDOR INFRASTRUC- ‘‘(b) STATEMENT OF GOALS AND REC- transportation plans; and TURE AND OPERATIONS ADVISORY OMMENDATIONS.— ‘‘(H) other plans, as appropriate. COMMISSION. ‘‘(1) STATEMENT OF GOALS.—The Commis- ‘‘(2) STRATEGY COMPONENTS.—The com- (a) NORTHEAST CORRIDOR INFRASTRUCTURE sion shall develop a statement of goals con- prehensive long-range strategy shall in- AND OPERATIONS ADVISORY COMMISSION IM- cerning the future of Northeast Corridor rail clude— PROVEMENTS.—Section 24905 is amended— infrastructure and operations based on ‘‘(A) a comprehensive program containing (1) by amending the section heading to achieving expanded and improved intercity, a description and the planned phasing of all read as follows: commuter, and freight rail services oper- Northeast Corridor improvement programs, ‘‘SEC. 24905. NORTHEAST CORRIDOR INFRA- ating with greater safety and reliability, re- investments, and other anticipated changes; STRUCTURE AND OPERATIONS ADVI- duced travel times, increased frequencies, ‘‘(B) the impacts of the comprehensive pro- SORY COMMISSION IMPROVE- and enhanced intermodal connections de- gram on: MENTS.’’; signed to address airport and highway con- ‘‘(i) highway and aviation congestion; (2) by redesignating subsection (e) as sub- gestion, reduce transportation energy con- ‘‘(ii) economic development; section (g); sumption, improve air quality, and increase ‘‘(iii) job creation; and (3) by striking subsections (a), (b), (c), (d), economic development of the Northeast Cor- ‘‘(iv) the environment; and (f) and inserting before subsection (g), as ridor region. ‘‘(C) the potential financing sources for the redesignated, the following: ‘‘(2) RECOMMENDATIONS.—The Commission comprehensive program, including Federal, ‘‘(a) NORTHEAST CORRIDOR INFRASTRUCTURE shall develop recommendations based on the State, local, and private sector sources; AND OPERATIONS ADVISORY COMMISSION.— statement of goals developed under this sec- ‘‘(D) new institutional or other structures ‘‘(1) IN GENERAL.—The Secretary of Trans- tion addressing, as appropriate— necessary to implement the comprehensive portation shall establish a Northeast Cor- ‘‘(A) short-term and long-term capital in- program; ridor Infrastructure and Operations Advisory vestment needs beyond those specified in the ‘‘(E) the types of collaboration, participa- Commission (referred to in this section as state-of-good-repair plan under section 211 of tion, arrangements, and support between the ‘Commission’) to foster the creation and the Passenger Rail Investment and Improve- Amtrak and the Federal Government, the implementation of a unified, regional, long- ment Act of 2008 (49 U.S.C. 24902 note); State and local governments in the North- term investment strategy for the Northeast ‘‘(B) future funding requirements for cap- east Corridor, the commuter rail authorities Corridor and to promote mutual cooperation ital improvements and maintenance; and freight railroads that utilize the North- and planning pertaining to the capital in- ‘‘(C) operational improvements of intercity east Corridor, the private sector, and others, vestment, rail operations and related activi- passenger rail, commuter rail, and freight as appropriate, that are necessary to achieve ties of the Northeast Corridor. The Commis- rail services; the comprehensive program; and sion shall be made up of— ‘‘(D) opportunities for additional non-rail ‘‘(F) any regulatory or statutory changes ‘‘(A) members representing Amtrak; uses of the Northeast Corridor; necessary to efficiently advance the com- ‘‘(B) members representing the Depart- ‘‘(E) scheduling and dispatching; prehensive program. ment of Transportation, including the Fed- ‘‘(F) safety and security enhancements; ‘‘(e) ACCESS COSTS.— eral Railroad Administration and the Office ‘‘(G) equipment design; ‘‘(1) DEVELOPMENT OF STANDARDIZED FOR- of the Secretary; ‘‘(H) marketing of rail services; MULA.—Not later than September 30, 2013, ‘‘(C) 1 member from each of the States (in- ‘‘(I) future capacity requirements; and the Commission shall— cluding the District of Columbia) that con- ‘‘(J) potential funding and financing mech- ‘‘(A) develop a standardized formula for de- stitute the Northeast Corridor as defined in anisms for projects of corridor-wide signifi- termining and allocating costs, revenues, section 24102, designated by, and serving at cance. and compensation for Northeast Corridor the pleasure of, the chief executive officer ‘‘(c) NORTHEAST CORRIDOR HIGH SPEED AND commuter rail passenger transportation (as thereof; and INTERCITY SERVICE DEVELOPMENT PLAN.— defined in section 24102) on the Northeast ‘‘(D) non-voting representatives of freight ‘‘(1) LONG-RANGE NORTHEAST CORRIDOR Corridor main line between Boston, Massa- railroad carriers using the Northeast Cor- SERVICE DEVELOPMENT PLAN.—The Federal chusetts, and Washington, District of Colum- ridor selected by the Secretary. Railroad Administration, in coordination bia, and the Northeast Corridor branch lines ‘‘(2) MEMBERSHIP.—The Secretary shall en- with the Commission, Amtrak, the States, connecting to Harrisburg, Pennsylvania, sure that the membership belonging to any and other corridor users, shall complete a Springfield, Massachusetts, and Spuyten of the groups enumerated under paragraph long-range Northeast Corridor Service De- Duyvil, New York, that use Amtrak facili- (1) shall not constitute a majority of the velopment Plan not later than December 31, ties or services or that provide such facilities Commission’s memberships. 2014. or services to Amtrak that ensures that— ‘‘(3) MEETINGS.—The Commission shall— ‘‘(2) COLLABORATION AND COOPERATION.— ‘‘(i) there is no cross-subsidization of com- ‘‘(A) establish a schedule and location for The parties comprising the Commission, act- muter rail passenger, intercity rail pas- convening meetings; ing separately and collectively, shall col- senger, or freight rail transportation; ‘‘(B) meet not less than 4 times per fiscal laborate and cooperate to the maximum ex- ‘‘(ii) each service is assigned the costs in- year; and tent permitted by law in— curred only for the benefit of that service, ‘‘(C) develop rules and procedures to gov- ‘‘(A) the preparation of the service develop- and a proportionate share, based upon fac- ern the Commission’s proceedings. ment plan; tors that reasonably reflect relative use, of ‘‘(4) VACANCIES.—A vacancy in the Com- ‘‘(B) the programmatic environmental re- costs incurred for the common benefit of mission shall be filled in the manner in view process; and more than 1 service; and which the original appointment was made. ‘‘(C) the subsequent requirements required ‘‘(iii) all financial contributions made by ‘‘(5) TRAVEL EXPENSES.—Members shall by the National Environmental Policy Act of an operator of a service that benefit an infra- serve without pay but shall receive travel ex- 1969 (42 U.S.C. 4321 et seq.), including the de- structure owner other than the operator are penses, including per diem in lieu of subsist- velopment of supporting documentation. considered, including any capital infrastruc- ence, in accordance with sections 5702 and ‘‘(d) COMPREHENSIVE LONG-RANGE NORTH- ture investments and in-kind services; 5703 of title 5. EAST CORRIDOR STRATEGY.— ‘‘(B) develop a proposed timetable for im- ‘‘(6) CHAIRPERSON.—The Chairperson of the ‘‘(1) IN GENERAL.—Not later than 1 year plementing the formula not later than De- Commission shall be elected by the mem- after completion of the service development cember 31, 2014; bers. plan under subsection (c), the Commission ‘‘(C) transmit the proposed timetable to ‘‘(7) PERSONNEL.—The Commission may ap- shall develop a comprehensive long-range the Surface Transportation Board; and point and fix the pay of such personnel as strategy for the future high-speed, intercity, ‘‘(D) at the request of a Commission mem- the Commission considers appropriate. commuter, and freight rail utilization of the ber, petition the Surface Transportation ‘‘(8) DETAILEES.—Upon request of the Com- Northeast Corridor that considers— Board to appoint a mediator to assist the mission, the head of any department or agen- ‘‘(A) the statement of goals developed Commission members through non-binding cy of the United States may detail, on a re- under subsection (b)(1); mediation to reach an agreement under this imbursable basis, any of the personnel of ‘‘(B) the recommendations developed under section. that department or agency to the Commis- subsection (b)(2); ‘‘(2) IMPLEMENTATION.—Amtrak and public sion to assist it in carrying out its duties ‘‘(C) the economic development report authorities providing commuter rail pas- under this section. under subsection (h); senger transportation on the Northeast Cor- ‘‘(9) ADMINISTRATIVE SUPPORT.—Upon the ‘‘(D) the service development plan and re- ridor shall implement new agreements for request of the Commission, the Adminis- lated alternatives developed through the pro- usage of facilities or services based on the trator of General Services shall provide to grammatic environmental review for the standardized formula under paragraph (1) in the Commission, on a reimbursable basis, the Northeast Corridor; accordance with the timetable established

VerDate Mar 15 2010 01:58 Mar 08, 2012 Jkt 099060 PO 00000 Frm 00130 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S17FE2.REC S17FE2 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 17, 2012 CONGRESSIONAL RECORD — SENATE S1009 therein. If the entities fail to implement the of the House of Representatives on the sta- the programmatic environmental review new agreements in accordance with the tus of efforts to improve safety and security process with the Northeast Corridor Infra- timetable, the Commission shall petition the on the Northeast Corridor main line. The re- structure and Operations Advisory Commis- Surface Transportation Board to determine port shall include the safety and security sion. the appropriate compensation amounts for recommendations of the Committee and the SEC. 36205. DELEGATION AUTHORITY. such services under section 24904(c). The Sur- comments of the Secretary on those rec- (a) DELEGATION OF AUTHORITY.—In carrying face Transportation Board shall enforce its ommendations.’’. out programmatic or project level environ- determination on the party or parties in- (b) CONFORMING AMENDMENT.—The table of mental reviews for high speed and intercity volved. contents for chapter 249 is amended by strik- passenger rail programs, projects, or serv- ‘‘(3) REVISIONS.—The Commission may ing the item relating to section 24905 and in- ices, the Secretary may delegate to Amtrak make necessary revisions to the standardized serting the following: any or all of the Secretary’s authority and formula developed under paragraph (1), in- ‘‘24905. Northeast corridor infrastructure and responsibility under the National Environ- cluding revisions based on Amtrak’s finan- operations advisory commis- mental Policy Act of 1969 (42 U.S.C. 4321 et cial accounting system developed under sec- sion improvements.’’. seq.), section 106 of the National Historic tion 203 of the Passenger Rail Investment Preservation Act of 1966 (16 U.S.C. 470f), sec- SEC. 36203. NORTHEAST CORRIDOR HIGH-SPEED tion 4(f) of the Department of Transpor- and Improvement Act of 2008 (49 U.S.C. 24101 RAIL IMPROVEMENT PLAN. tation Act (80 Stat. 934), section 404 of the note). (a) PLANS.—Not later than 180 days after Federal Water Pollution Control Act (33 ‘‘(f) TRANSMISSION OF STATEMENT OF GOALS, the date of enactment of this Act, Amtrak U.S.C. 1344), and section 7 of the Endangered RECOMMENDATIONS, AND PLANS.—The Com- shall— Species Act of 1973 (16 U.S.C. 1536), and may mission shall transmit to the Committee on (1) complete a refined vision for an inte- provide to Amtrak any related funding pro- Commerce, Science, and Transportation of grated program of improvements on the the Senate and the Committee on Transpor- vided to the Secretary for such purposes as Northeast Corridor that will result in, by tation and Infrastructure of the House of the Secretary deems necessary if— 2040— Representatives— (1) Amtrak agrees in writing to assume the (A) the development and operation of a ‘‘(1) not later than 60 days after the date of delegated authority and responsibility; new high-speed rail system capable of high enactment of the , the statement of goals (2) Amtrak has or can obtain sufficient re- capacity, 200 mile-per-hour or greater oper- under subsection (b); sources or the Secretary provides such re- ation between Washington, District of Co- ‘‘(2) annually beginning on December 31, sources to Amtrak to appropriately carry lumbia and Boston, Massachusetts; 2012, the recommendations under subsection out such authority or responsibility; and (B) the completion of the improvements (b)(2) and the standardized formula and time- (3) delegating the authority and responsi- identified in the Northeast Corridor Infra- table under subsection (e)(1); and bility will improve the quality or timeliness structure Master Plan published by Amtrak ‘‘(3) the comprehensive long-range strategy of the environmental review. on May 19, 2010; and under this section.’’.; and SEC. 36206. AMTRAK INSPECTOR GENERAL. (C) the continued operation of existing and (4) by inserting after subsection (g), as re- (a) IN GENERAL.—Chapter 243 is amended currently planned intercity, commuter, and designated, the following by adding after section 24316 the following: freight services utilizing the Northeast Cor- ‘‘(h) REPORT ON NORTHEAST CORRIDOR ECO- ridor during the implementation of the pro- ‘‘§ 24317. Inspector general NOMIC DEVELOPMENT.—Not later than Sep- gram; and ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.— tember 30, 2013, the Commission shall trans- There are authorized to be appropriated to mit a report to the Committee on Com- (2) complete a business and financing plan the Office of the Inspector General of Am- merce, Science, and Transportation of the to achieve the program under paragraph (1) trak the following amounts: Senate and the Committee on Transpor- that identifies the estimated— ‘‘(1) For fiscal year 2009, $20,000,000. tation and Infrastructure of the House of (A) benefits and costs of the program, in- ‘‘(2) For fiscal year 2010, $21,000,000. Representatives on the role of Amtrak’s cluding ridership, revenues, capital and oper- ‘‘(3) For fiscal year 2011, $22,000,000. Northeast Corridor service between Wash- ating costs, and cash flow projections; ington, District of Columbia, and Boston, (B) implementation schedule, including the ‘‘(4) For fiscal year 2012, $22,000,000. Massachusetts, in the economic development phasing of the program into achievable seg- ‘‘(5) For fiscal year 2013, $23,000,000. ‘‘(b) AUTHORITY.—The Inspector General of of the Northeast Corridor region. The report ments that maximize the benefits and sup- Amtrak shall have all necessary authority, shall examine how to enhance the utilization port the ultimate completion of the pro- in carrying out the duties specified in the In- of the Northeast Corridor for greater eco- gram; spector General Act of 1978 (5 U.S.C. App.), to nomic development, including— (C) potential financing sources for the pro- investigate allegations of fraud, including ‘‘(1) improving real estate utilization; gram, including Federal, State, local, and false statements to the Government under ‘‘(2) improved intercity, commuter, and private sector sources; and section 1001 of title 18, by any person or enti- freight services; and (D) organization changes, new institu- ty that is an employee or contractor of Am- tional or corporate arrangements, partner- ‘‘(3) improving optimum utility utiliza- trak. ships, procurement techniques, and other tion. ‘‘(c) SERVICES.—The Inspector General of ‘‘(i) NORTHEAST CORRIDOR SAFETY COM- structures necessary to implement the pro- Amtrak may obtain services under sections MITTEE.— gram. 502(a) and 602 of title 40, from the Adminis- UPPORT.—The Secretary of Transpor- ‘‘(1) IN GENERAL.—The Secretary shall es- (b) S trator of General Services. The Adminis- tablish a Northeast Corridor Safety Com- tation shall provide appropriate support, as- trator of General Services may provide serv- mittee composed of members appointed by sistance, oversight, and guidance to Amtrak ices under sections 502(a) and 602 of title 40, the Secretary. The members shall be rep- during the preparation of the plans under to the Inspector General.’’. resentatives of— subsection (a). (b) MANAGEMENT ASSESSMENT.—Section ‘‘(A) the Department of Transportation, in- (c) SUBMISSION.—Amtrak shall submit the 24310 is amended to read as follows: cluding the Federal Railroad Administra- refined vision and an appropriate elements of ‘‘(a) IN GENERAL.—Not later than 3 years tion; the business and financing plan to the Fed- after the date of enactment of the Passenger ‘‘(B) Amtrak; eral Railroad Administration and the North- Rail Investment and Improvement Act of ‘‘(C) freight carriers operating more than east Corridor Infrastructure and Operations 2008 (122 Stat. 4907) and 2 years thereafter— 150,000 train miles a year on the main line of Advisory Commission for use in the develop- ‘‘(1) the Inspector General of the Depart- the Northeast Corridor; ment of the Northeast Corridor High Speed ment of Transportation shall complete an ‘‘(D) commuter rail agencies; and Intercity Service Development Plan and overall assessment of the progress made by ‘‘(E) rail passengers; the Comprehensive Long-Range Northeast the Department of Transportation in imple- ‘‘(F) rail labor; and Corridor Strategy. menting the provisions of that Act; and ‘‘(G) other individuals and organizations SEC. 36204. NORTHEAST CORRIDOR ENVIRON- ‘‘(2) the Inspector General of Amtrak shall the Secretary decides have a significant in- MENTAL REVIEW PROCESS. complete an overall assessment of the terest in rail safety or security. (a) NORTHEAST CORRIDOR.—Not later than progress made by Amtrak management in ‘‘(2) FUNCTION; MEETINGS.—The Secretary 90 days after the date of enactment of this implementing the provisions of the Pas- shall consult with the Committee about safe- Act, the Secretary shall complete a plan and senger Rail Investment and Improvement ty and security improvements on the North- a schedule for the completion of the pro- Act of 2008 (122 Stat. 4907). east Corridor main line. The Committee grammatic environmental review for the ‘‘(b) ASSESSMENT.—The management as- shall meet not less than 2 times per year to Northeast Corridor. The schedule shall re- sessment by the Amtrak Inspector General consider safety and security matters on the quire the completion of the programmatic may include a review of— main line. environmental review for the Northeast Cor- ‘‘(1) the effectiveness in improving annual ‘‘(3) REPORT.—At the beginning of the first ridor not later than 3 years after the date of financial planning; session of each Congress, the Secretary shall enactment of this Act. ‘‘(2) the effectiveness in improving finan- submit a report to the Commission and to (b) COORDINATION WITH THE NORTHEAST cial accounting; the Committee on Commerce, Science, and CORRIDOR INFRASTRUCTURE AND OPERATIONS ‘‘(3) Amtrak management’s efforts to im- Transportation of the Senate and the Com- ADVISORY COMMISSION.—The Federal Rail- plement minimum train performance stand- mittee on Transportation and Infrastructure road Administration shall closely coordinate ards;

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‘‘(4) Amtrak management’s progress to- ‘‘(2) AMENDMENTS.—The Secretary shall re- control shall be deemed to be equal to the ward maximizing revenues, minimizing Fed- view any amendments to a plan in the time collateral value of that asset.’’. eral subsidies, and improving financial re- frame required by section (1). SEC. 36303. FCC STUDY OF SPECTRUM AVAIL- sults; and ‘‘(3) ANNUAL REVIEW.—The Secretary shall ABILITY. ‘‘(5) any other aspect of Amtrak operations conduct an annual review to ensure that (a) SPECTRUM NEEDS ASSESSMENT.—Not that the Amtrak Inspector General finds ap- each railroad carrier and entity is complying later than 120 days after the date of enact- propriate.’’. with its plan, including a railroad carrier or ment of this Act, the Secretary of Transpor- (c) INSPECTOR GENERAL POLICIES AND PRO- entity that elects to fully implement a posi- tation and the Chairman of the Federal Com- CEDURES.—The Amtrak Inspector General tive train control system prior to the re- munications Commission shall coordinate to and Amtrak shall— quired deadline.’’. assess spectrum needs and availability for (1) continue to follow the policies and pro- (b) REPORT CRITERIA.—Section 20157(d) is implementing positive train control sys- cedures for interacting with one another in a amended to read as follows: tems, as defined in section 20157 of title 49, manner that is consistent with the Inspector ‘‘(d) REPORT.—Not later than June 30, 2012, United States Code. In conducting the spec- General Act of 1978 (5 U.S.C. App.), as ap- the Secretary shall submit a report to the trum needs assessment, the Secretary and proved by the Council of the Inspectors Gen- Committee on Commerce, Science, and the Chairman shall— eral on Integrity and Efficiency; and Transportation of the Senate and the Com- (1) evaluate the information provided in (2) work toward establishing proper proto- mittee on Transportation and Infrastructure the Federal Communications Commission cols and firewalls to maintain the Amtrak of the House of Representatives on the WT 11 79 proceeding; Inspector General’s independence, as appro- progress of the railroad carriers in imple- (2) evaluate the positive train control im- priate. menting the positive train control systems, plementations plans and any subsequent (d) IMPROVEMENTS.—The Amtrak Inspector including— amendments or waivers to those plans pro- General and Amtrak shall identify any fund- ‘‘(1) the likelihood that each railroad will vided to the Federal Railroad Administra- ing needs and authority improvements nec- meet the December 31, 2015 deadline; tion; and essary to effectuate the policies, procedures, ‘‘(2) the obstacles to each railroad’s suc- (3) evaluate individual railroad spectrum protocols, and firewalls under subsection (c) cessful implementation, including the obsta- demand studies. and submit a report of the necessary funding cles identified in the General Accountability (b) RECOMMENDATIONS.—Not later than 90 and authority improvements as part of their Office’s report issued on December 15, 2010, days after the completion of the spectrum annual budget requests. and titled ‘Rail Safety: Federal Railroad Ad- needs assessment under subsection (a), the (e) TECHNICAL AMENDMENT.—Section 101 of ministration Should Report on Risks to Suc- Secretary and the Chairman shall submit a the Passenger Rail Investment and Improve- cessful Implementation of Mandated Safety plan to the Committee on Commerce, ment Act of 2008 (122 Stat. 4907), is amended Technology’ (GAO 11 133); and Science, and Transportation of the Senate by striking subsection (b) and inserting the ‘‘(3) the actions that Congress, railroads, and the Committee on Transportation and following: relevant Federal entities, and other stake- Infrastructure of the House of Representa- ‘‘(b) øReserved¿.’’. holders can take to mitigate obstacles to tives, for approximate resolution to any (f) CLERICAL AMENDMENT.—The table of successful implementation.’’. issues that may prevent railroad carriers or contents for chapter 243 is amended by add- (c) EXTENSION AUTHORITY.—Section 20157 is entities from complying with the December ing at the end the following: amended— 31, 2015, positive train control implementa- (1) by redesignating subsections (h) and (i) tion deadline. ‘‘24317. Inspector General.’’. as subsections (i) and (j), respectively; and Subtitle D—Freight Rail SEC. 36207. COMPENSATION FOR PRIVATE-SEC- (2) by inserting after subsection (g), the TOR USE OF FEDERALLY-FUNDED SEC. 36401. RAIL LINE RELOCATION. ASSETS. following: Section 20154 is amended— ‘‘(h) EXTENSION.— If capital assets that are owned by a public (1) in subsection (b)— ‘‘(1) IN GENERAL.—After completing the re- entity or Amtrak built or improved with (A) by striking ‘‘either’’; port under subsection (d), the Secretary may Federal funds authorized under subtitle V of (B) by striking ‘‘or’’ at the end of para- extend in 1 year increments, upon applica- title 49, United States Code, are made avail- graph (1); tion, the implementation deadline for an en- able for exclusive use by a for-profit entity, (C) by striking the period at the end of tity providing rail freight transportation or except for an entity owned or controlled by paragraph (2) and inserting ‘‘; or’’; and regularly scheduled intercity or commuter the Department of Transportation, for the (D) by adding at the end the following: rail passenger transportation, if the Sec- purpose of providing intercity passenger rail ‘‘(3) involves a lateral or vertical reloca- retary determines that full implementation service, the Secretary may require, as appro- tion of any portion of a road.’’; will likely be infeasible due to circumstances priate, that the for-profit entity provide ade- (2) in subsection (e)(1), by striking ‘‘10’’ beyond the control of the entity, including quate compensation, as determined by the and inserting ‘‘20’’; and funding availability, spectrum acquisition, Secretary, to the United States for the use of (3) in subsection (h)(3), by inserting ‘‘a pub- and interoperability standards. The Sec- the capital assets in an amount that reflects lic agency,’’ after ‘‘of a State,’’. retary may not extend the deadline for im- the benefit of the Federal funding to the for- SEC. 36402. COMPILATION OF COMPLAINTS. plementation beyond December 31, 2018. profit entity. (a) IN GENERAL.—Section 704 is amended— ‘‘(2) APPLICATION REVIEW.—The Secretary SEC. 36208. ON-TIME PERFORMANCE. (1) by striking the section heading and in- shall review an application submitted pursu- serting the following: Where the on time performance of any ant to paragraph (1) and approve or dis- ‘‘§ 704. Reports’’; intercity passenger train averages less than approve the application not later than 10 80 percent for any 2 consecutive calendar days after the application is received.’’ (2) by inserting ‘‘(a) ANNUAL REPORT.—’’ quarters and the failure to meet such per- (d) APPLICABILITY.—Section 20157 is amend- before ‘‘The Board’’; and formance levels is solely the responsibility ed by striking ‘‘transported;’’ in subsection (3) by adding at the end the following: of the host railroad, Amtrak shall not pay (a)(1)(B) and inserting ‘‘transported on or ‘‘(b) COMPLAINTS.— the host railroad any incentive payments for after December 31, 2015;’’. ‘‘(1) IN GENERAL.—The Board shall estab- on time performance of the subject intercity SEC. 36302. ADDITIONAL ELIGIBILITY FOR RAIL- lish and maintain a database of complaints passenger train during such calendar quar- ROAD REHABILITATION AND IM- received by the Board. ters. PROVEMENT FINANCING. ‘‘(2) QUARTERLY REPORT.—The Board shall SEC. 36209. BOARD OF DIRECTORS. (a) POSITIVE TRAIN CONTROL SYSTEMS.— post a quarterly report of formal and infor- Section 24302(a)(3) is amended by striking Section 502(b)(1) of the Railroad Revitaliza- mal service complaints received by the ‘‘5’’ the second place it appears and inserting tion and Regulatory Reform Act of 1976 (45 Board during the previous quarter that in- ‘‘4’’. U.S.C. 822(b)(1)), is amended— cludes— (1) in subparagraph (B) by striking ‘‘or’’; ‘‘(A) a list of the type of each complaint; Subtitle C—Rail Safety Improvements (2) in subparagraph (C) by striking ‘‘facili- ‘‘(B) the geographic region of the com- SEC. 36301. POSITIVE TRAIN CONTROL. ties.’’ and inserting ‘‘facilities; or’’; and plaint; and (a) REVIEW AND APPROVAL.—Section (3) by adding at the end the following: ‘‘(C) the resolution of the complaint, if ap- 20157(c) is amended to read as follows: ‘‘(D) implement a positive train control propriate. ‘‘(c) REVIEW AND APPROVAL.— system, as required by section 20157 of title ‘‘(3) WRITTEN CONSENT.—The quarterly re- ‘‘(1) REVIEW.—Not later than 90 days after 49, United States Code.’’. port may identify a complainant that sub- the Secretary receives a proposed plan, the (b) POSITIVE TRAIN CONTROL COLLATERAL.— mitted an informal complaint only upon the Secretary shall review and approve or dis- Section 502(h)(2) of the Railroad Revitaliza- written consent of the complainant. approve it. If a proposed plan is not ap- tion and Regulatory Reform Act of 1976 (45 ‘‘(4) WEBSITE POSTING.—The report shall be proved, the Secretary shall notify the af- U.S.C. 822(h)(2)), is amended by adding at the posted on the Board’s public website.’’. fected railroad carrier or other entity as to end the following: (b) CONFORMING AMENDMENT.—The table of the specific deficiencies in the proposed plan. ‘‘For purposes of making a finding under contents for chapter 7 is amended by strik- The railroad carrier or other entity shall subsection (g)(4) for a loan for positive train ing the item relating to section 704 and in- correct the deficiencies not later than 30 control, the total cost of the labor and mate- serting the following: days after receipt of the written notice. rials associated with installing positive train ‘‘704. Reports.’’.

VerDate Mar 15 2010 01:58 Mar 08, 2012 Jkt 099060 PO 00000 Frm 00132 Fmt 4624 Sfmt 0655 E:\RECORD12\RECFILES\S17FE2.REC S17FE2 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 17, 2012 CONGRESSIONAL RECORD — SENATE S1011 SEC. 36403. MAXIMUM RELIEF IN CERTAIN RATE for Surface Transportation Board personnel (C) by amending paragraph (6) to read as CASES. to identify— follows: (a) IN GENERAL.—The Surface Transpor- (1) the optimal workforce size of the Sur- ‘‘(6) Improving the safety of railroad tation Board shall revise the maximum face Transportation Board to address its cur- bridges, tunnels, and related infrastructure amount of rate relief available to railroad rent and future program needs; to prevent accidents, incidents, injuries, and shippers in cases brought pursuant to the (2) the hiring, training, managing, and fatalities caused by catastrophic and other method developed under section 10701(d)(3) of compensation needs to recruit and retain title 49, United States Code, as that section failures of such infrastructure.’’. qualified personnel, including experts to as- (4) Section 108(f)(1) of the Rail Safety Im- existed as of the date of enactment of this sess long-standing and emerging railroad in- Act, to be as follows: provement Act of 2008 (49 U.S.C. 21101 note), dustry trends; is amended by striking ‘‘requirements for (1) $1,500,000 in a rate case brought using (3) the means for improving the current or- the Surface Transportation Board’s ‘‘three- recordkeeping and reporting for Hours of ganizational structure and workforce to Service of Railroad Employees’’ and insert- benchmark’’ procedure. most efficiently execute the Surface Trans- ing ‘‘requirements for record keeping and re- (2) $10,000,000 in a rate case brought using portation Board’s mission; and porting for hours of service of railroad em- the Surface Transportation Board’s ‘‘sim- (4) any recommendations for potential co- ployees’’. plified stand-alone cost’’ procedure. ordination with colleges, universities, or (b) PERIODIC REVIEW.—The Board shall pe- other non-profit organizations for training (5) Section 201 of the Rail Safety Improve- riodically review the amounts established by programs to support workforce development. ment Act of 2008 (49 U.S.C. 20134 note), is subsection (a) and revise the amounts, as ap- (c) REPORT.—The Chairman shall submit amended— propriate. the plan to the Committee on Commerce, (A) in the section heading, by striking SEC. 36404. RATE REVIEW TIMELINES. Science, and Transportation of the Senate ‘‘PEDESTRIAN CROSSING SAFETY.’’ and in- In stand-alone cost rate challenges, the and the Committee on Transportation and serting ‘‘PEDESTRIAN SAFETY AT OR Surface Transportation Board shall comply Infrastructure of the House of Representa- NEAR RAILROAD PASSENGER STATIONS.’’; with the following timelines unless it ex- tives. (B) by striking ‘‘strategies and methods to tends them, after a request from any party SEC. 36408. RAILROAD REHABILITATION AND IM- prevent pedestrian accidents, incidents, inju- or in the interest of due process: PROVEMENT FINANCING. ries, and fatalities at or near passenger sta- (1) For discovery, 150 days after the date on (a) CONDITIONS OF ASSISTANCE.—Section tions, including’’ and inserting ‘‘strategies which the challenge is initiated. 502(h)(2) of the Railroad Revitalization and and methods to prevent train-related acci- (2) For development of the evidentiary Regulatory Reform Act of 1976 (45 U.S.C. dents, incidents, injuries, and fatalities that record, 155 days after that date. 822(h)(2)), as amended by section 36302 of this involve a pedestrian at or near a railroad (3) For submission of parties’ closing Act, is amended by adding at the end the fol- briefs, 60 days after that date. passenger station, including’’; and lowing: (C) in paragraph (1) by striking ‘‘at rail- (4) For a final Board decision, 180 days ‘‘The Secretary shall accept, for the pur- after the date on which the parties submit pose of making a finding with regard to ade- road passenger stations’’. closing briefs. quate collateral for a public entity, the net (6) Section 206(a) of the Rail Safety Im- SEC. 36405. REVENUE ADEQUACY STUDY. present value on a future stream of State or provement Act of 2008 (49 U.S.C. 22501 note), (a) REVENUE ADEQUACY STUDY.— local subsidy income or a dedicated revenue is amended by striking ‘‘Public Service An- (1) IN GENERAL.—Not later than 180 days as collateral offered to secure a loan.’’. nouncements’’ and inserting ‘‘public service after the date of enactment of this Act, the (b) ELIGIBLE PURPOSES.—Section 502(b)(1) announcements’’. Surface Transportation Board shall initiate of the Railroad Revitalization and Regu- (7) Section 403 of the Rail Safety Improve- a study to provide further guidance on how latory Reform Act of 1976 (45 U.S.C. ment Act of 2008 (49 U.S.C. 20142 note), is it will apply its revenue adequacy con- 822(b)(1)), as amended by section 36302 of this amended— straint. Act, is further amended— (A) in the section heading, by striking (2) CONSIDERATIONS.—In conducting the (1) by striking ‘‘or’’ at the end of subpara- ‘‘TRACK INSPECTION TIME STUDY.’’ and study, the Surface Transportation Board graph (C); inserting ‘‘STUDY AND RULEMAKING ON shall consider whether to apply the revenue (2) by striking the period at the end of sub- TRACK INSPECTION TIME; RULEMAKING adequacy constrain using replacement costs paragraph (D) and inserting ‘‘; or’’; and ON CONCRETE CROSSTIES.’’; and to value the assets of rail facilities and (3) by adding at the end the following: (B) in subsection (d)— equipment. ‘‘(E) conduct preliminary engineering, en- (i) by striking ‘‘CROSS TIES’’ in the sub- (b) PUBLIC NOTICE.—In conducting the vironmental review, permitting, or other section heading and inserting ‘‘CROSSTIES’’; study under subsection (a), the Surface pre-construction activities.’’. (ii) by striking ‘‘cross ties’’ and inserting Transportation Board shall— (c) STUDY.—The Secretary shall submit a ‘‘crossties’’; and report to the Committee on Commerce, (1) provide public notice; (iii) in paragraph (2), by striking ‘‘cross Science, and Transportation of the Senate (2) an opportunity for comment; and tie’’ and inserting ‘‘crosstie’’. and the Committee on Transportation and (3) conduct 1 or more public hearings. (8) Section 405 of the Rail Safety Improve- (c) REPORT.—Not later than 60 days after Infrastructure of the House of Representa- the study under subsection (a) is complete, tives detailing recommendations for improv- ment Act of 2008 (49 U.S.C. 20103 note), is the Surface Transportation Board shall sub- ing the Railroad Rehabilitation and Im- amended— mit the findings of the study to the Com- provement Financing program administra- (A) in subsection (a), by striking ‘‘cell merce, Science, and Transportation Com- tion, including timely processing of applica- phones’’ and inserting ‘‘cellular telephones’’; mittee of the Senate and the Transportation tions, expansion of eligibilities, and other and and Infrastructure Committee of the House issues that impede passenger and rail car- (B) in subsection (d)— of Representatives. riers from utilizing the program. (i) by striking ‘‘of Transportation’’; and SEC. 36406. QUARTERLY REPORTS. Subtitle E—Technical Corrections (ii) by striking ‘‘cell phones’’ and inserting ‘‘cellular telephones’’. Not later than 60 days after the date of en- SEC. 36501. TECHNICAL CORRECTIONS. actment of this Act, the Surface Transpor- (a) RAIL SAFETY IMPROVEMENT ACT OF (9) Section 411(a) of the Rail Safety Im- tation Board shall provide quarterly reports 2008.— provement Act of 2008 (49 U.S.C. 5103 note), is to the Commerce, Science, and Transpor- (1) The table of contents in section 1(b) of amended— tation Committee of the Senate and the the Rail Safety Improvement Act of 2008 (122 (A) by striking ‘‘5101(a)’’ and inserting Transportation and Infrastructure Com- Stat. 4848) is amended— ‘‘5105(a)’’; and mittee of the House of Representatives on (A) by striking the item relating to section (B) by striking ‘‘5101(b)’’ and inserting the Surface Transportation Board’s progress 201 and inserting the following: ‘‘5105(b)’’. toward addressing issues raised in unfinished ‘‘Sec. 201. Pedestrian safety at or near rail- (10) Section 412 of the Rail Safety Improve- regulatory proceedings, regardless of wheth- road passenger stations.’’; and ment Act of 2008 (49 U.S.C. 20140 note), is er a proceeding is subject to a statutory or (B) by striking the item relating to section amended by striking ‘‘of Transportation’’. regulatory deadline. 403 and inserting the following: (11) Section 414(2) of the Rail Safety Im- SEC. 36407. WORKFORCE REVIEW. ‘‘Sec. 403. Study and rulemaking on track provement Act of 2008 (49 U.S.C. 20103 note), (a) IN GENERAL.—Not later than 180 days is amended— after the date of enactment of this Act, the inspection time; rulemaking on (A) by striking ‘‘parts’’ and inserting ‘‘sec- Chairman of the Surface Transportation concrete crossties.’’. tions’’; and Board, in consultation with the Director of (2) Section 2(a)(1) of the Rail Safety Im- (B) by striking ‘‘part’’ and inserting ‘‘sec- the Office of Personnel Management, shall provement Act of 2008 (49 U.S.C. 20102 note), conduct a review of the Surface Transpor- is amended by inserting a comma after ‘‘rail- tion’’. tation Board workforce to assist in the de- road tracks at grade’’. (12) Section 416 of the Rail Safety Improve- velopment of a comprehensive, long-term (3) Section 102(a) of the Rail Safety Im- ment Act of 2008 (49 U.S.C. 20107 note), is human capital improvement plan. provement Act of 2008 (49 U.S.C. 20101 note), amended— (b) PLAN.—Not later than 180 days after the is amended— (A) by striking ‘‘of Transportation’’; review under subsection (a) is complete, the (A) by striking ‘‘, at a minimum,’’; (B) in paragraphs (3) and (4), by striking Chairman shall develop a comprehensive, (B) in paragraph (1), by inserting a comma ‘‘Federal Railroad Administration’’ and in- long-term human capital improvement plan after ‘‘railroads’’; and serting ‘‘Secretary’’; and

VerDate Mar 15 2010 01:58 Mar 08, 2012 Jkt 099060 PO 00000 Frm 00133 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S17FE2.REC S17FE2 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1012 CONGRESSIONAL RECORD — SENATE February 17, 2012 (C) in paragraph (4), by striking ‘‘sub- (4) Section 20120(a) is amended— (1) in paragraph (1), by striking ‘‘Interstate section’’ and inserting ‘‘section’’. (A) by striking ‘‘(a) IN GENERAL’’ and in- Commerce Commission’’ and inserting ‘‘Sur- (13) Section 417(c) of the Rail Safety Im- serting ‘‘Not’’; face Transportation Board’’; provement Act of 2008 (49 U.S.C. 20103 note), (B) in paragraph (2)(G), by inserting ‘‘and’’ (2) in paragraph (2), by striking ‘‘Commis- is amended by striking ‘‘each railroad’’ and after the semicolon; sion’s’’ and inserting ‘‘Board’s’’; and inserting ‘‘each railroad carrier’’. (C) in paragraph (4), by striking ‘‘provide’’ (3) by striking ‘‘Commission’’ each place it (14) Section 503 of the Rail Safety Improve- and inserting ‘‘provides’’; appears and inserting ‘‘Board’’. ment Act of 2008 (49 U.S.C. 1139 note), is (D) in paragraph (5)(B), by striking ‘‘Ad- Subtitle F—Licensing and Insurance amended— ministrative Hearing Officer or Administra- Requirements for Passenger Rail Carriers (A) in subsection (a), by striking ‘‘rail acci- tive Law Judge’’ and inserting ‘‘administra- SEC. 36601. CERTIFICATION OF PASSENGER RAIL dents’’ and inserting ‘‘rail passenger acci- tive hearing officer or administrative law CARRIERS. dents’’; judge’’; and (a) Section 10901 is amended by adding at (B) in subsection (b)— (E) in paragraph (7), by striking ‘‘its’’ and the end the following: (i) by striking ‘‘passenger rail accidents’’ inserting ‘‘the Secretary’s or the Federal ‘‘(e) Not later than 2 years after the date of and inserting ‘‘rail passenger accidents’’; and Railroad Administrator’s’’. enactment of the National Rail System Pres- (ii) by striking ‘‘passenger rail accident’’ (5) Section 20151(d)(1) is amended by strik- ervation, Expansion, and Development Act of each place it appears and inserting ‘‘rail pas- ing ‘‘to drive around a grade crossing gate’’ 2012, the Board shall establish a certification senger accidents’’; and and inserting ‘‘to drive through, around, or process to authorize a person to provide pas- (C) by adding at the end the following: under a grade crossing gate’’. senger rail transportation over a railroad ‘‘(d) DEFINITIONS.—In this section, the (6) Section 20152(b) is amended by striking line that is subject to the jurisdiction of the terms ‘passenger’, ‘rail passenger accident’, ‘‘rail carriers’’ and inserting ‘‘railroad car- Board, except that such certification shall and ‘rail passenger carrier’ have the mean- riers’’. not be required for or apply to a freight rail- ings given the terms in section 1139 of title (7) Section 20156 is amended— road providing or hosting passenger rail 49, United States Code.’’ (A) in subsection (c), by inserting a comma transportation over its own railroad line. ‘‘(e) FUNDING.—Out of the funds appro- ‘‘(f) After the certification process is estab- priated pursuant to section 20117(a)(1)(A) of after ‘‘In developing its railroad safety risk reduction program’’; and lished under subsection (e), no person may title 49, United States Code, there shall be provide passenger rail transportation over a made available to the Secretary of Transpor- (B) in subsection (g)(1), by striking ‘‘non- profit’’ and inserting ‘‘nonprofit’’. railroad line subject to the jurisdiction of tation $500,000 for fiscal year 2009 to carry the Board unless the person is granted a cer- out this section. Amounts made available (8) Section 20157(a)(1) is amended— (A) by striking ‘‘Class I railroad carrier’’ tificate under subsection (e). pursuant to this subsection shall remain ‘‘(g) The certification process under sub- and inserting ‘‘Class I railroad’’; and available until expended.’’. section (e) shall— (B) by striking ‘‘parts’’ and inserting ‘‘sec- (b) PASSENGER RAIL INVESTMENT AND IM- ‘‘(1) permit a person to initiate a pro- tions’’. PROVEMENT ACT OF 2008.— ceeding for a certificate by filing an applica- (9) Section 20158(b)(3) is amended by strik- (1) Section 206(a) of the Passenger Rail In- tion with the Board; and ing ‘‘20156(e)(2)’’ and inserting ‘‘20156(e)’’. vestment and Improvement Act of 2008 (49 ‘‘(2) require the Board to provide reason- (10) Section 20159 is amended by inserting U.S.C. 24101 note), is amended by inserting able public notice that a proceeding was ini- ‘‘of Transportation’’ after ‘‘the Secretary’’. ‘‘of this division’’ after ‘‘302’’. tiated, including notice to the Governor of (11) Section 20160 is amended— (2) Section 211 of the Passenger Rail In- any affected State, not later than 30 days (A) in subsection (a)(1), by striking ‘‘or vestment and Improvement Act of 2008 (49 after receipt of the application under para- with respect to’’ and inserting ‘‘with respect U.S.C. 24902 note), is amended— graph (1). to’’; (A) in subsection (d), by inserting ‘‘of this ‘‘(h) The Board may grant a certificate (B) in subsection (b)(1), by striking ‘‘On a division’’ after ‘‘101(c)’’; and under subsection (e) if the Board determines periodic basis beginning not’’ and inserting (B) in subsection (e), by inserting ‘‘of this after consultation with the Secretary of ‘‘Not’’; and division’’ after ‘‘101(d)’’. Transportation or the Secretary of Home- (C) in subsection (b)(1)(A), by striking ‘‘or (c) TITLE 49 OF THE UNITED STATES CODE.— land Security, as appropriate, that the appli- with respect to’’ and inserting ‘‘with respect (1) Section 1139 is amended— cant— to’’. (A) in subsection (a)(1), by striking ‘‘phone ‘‘(1) has or will have in effect a voluntary (12) Section 20162(a)(3) is amended by strik- number’’ and inserting ‘‘telephone number’’; agreement with the infrastructure owner ing ‘‘railroad compliance with Federal stand- (B) in subsection (a)(2), by striking ‘‘post over which the passenger rail transportation ards’’ and inserting ‘‘railroad carrier compli- trauma’’ and inserting ‘‘post-trauma’’; will be provided or contractual or statutory ance with Federal standards’’. (C) in subsections (h)(1)(A) and (h)(2)(A)— authority that provides for access to such in- (13) Section 20164(a) is amended by striking (i) by striking ‘‘interstate’’; and frastructure; ‘‘Railroad Safety Enhancement Act of 2008’’ (ii) by striking ‘‘such term is’’; ‘‘(2) demonstrates sufficient financial ca- and inserting ‘‘Rail Safety Improvement Act (D) in subsection (g)(1), by striking pacity and operating experience to provide of 2008’’. ‘‘board’’ in the heading and inserting passenger rail transportation; (14) Section 21102(c)(4) is amended by redes- ‘‘BOARD’’; ‘‘(3) meets all applicable safety and secu- ignating subparagraphs (C) and (D) as sub- (E) in subsections (h)(1)(B) and (h)(2)(B)— rity requirements under the law; paragraphs (B) and (C), respectively. (i) by striking ‘‘interstate or intrastate’’; ‘‘(4) maintains a total minimum liability (15) Section 22106(b) is amended by striking and coverage for claims through insurance and ‘‘interest thereof’’ and inserting ‘‘interest (ii) by striking ‘‘such term is’’; self-insurance of not less than the amount thereon’’. (F) in subsection (j)(1)— required by section 28103(a)(2) per accident or (16) Section 24101(b) is amended by striking (i) by striking ‘‘(other than subsection incident; and ‘‘subsection (d)’’ and inserting ‘‘subsection (g))’’ and inserting ‘‘(except for subsections ‘‘(5) complies with any additional require- (c)’’. (g) and (k))’’; and ments the Board determines are appropriate, (17) Section 24316 is amended by striking (ii) by striking ‘‘railroad passenger acci- including reporting requirements to ensure subsection (g). dent’’ and inserting ‘‘rail passenger acci- continued compliance with this section. dent’’; and (18) The item relating to section 24316 in ‘‘(i) A certificate granted under subsection (G) in subsection (j)(2), by striking ‘‘rail- the table of contents for chapter 243 is (e) shall specify the person to provide or au- road passenger accident’’ and inserting ‘‘rail amended by striking ‘‘assist’’ and inserting thorized to provide passenger rail transpor- passenger accident’’. ‘‘address needs of’’. tation, if different from the applicant. (2) Section 10909(b) is amended— (19) Section 24702(a) is amended by striking ‘‘(j) The Board may promulgate regula- (A) by striking ‘‘Railroad’’ and inserting ‘‘not included in the national rail passenger tions— ‘‘Railroads’’; and transportation system’’. ‘‘(1) for determining the adequacy of liabil- (B) in paragraph (2), by inserting a comma (20) Section 24706 is amended— ity insurance coverage, including self-insur- after ‘‘comment’’. (A) in subsection (a)(1), by striking ‘‘a dis- ance; and (3) Section 20109 is amended— continuance under section 24704 or or’’; ‘‘(2) for suspending or canceling a certifi- (A) in subsection (c)(1), by striking ‘‘the (B) in subsection (a)(2), by striking ‘‘sec- cate if the person to provide or authorized to railroad shall promptly arrange’’ and insert- tion 24704 or’’; and provide passenger rail transportation fails to ing ‘‘the railroad carrier shall promptly ar- (C) in subsection (b), by striking ‘‘section comply with subsection (h). range’’; 24704 or’’. ‘‘(k) This section shall not apply to tour- (B) in subsection (d)(2)(A)(i), by striking (21) Section 24709 is amended by striking ist, historical, or excursion passenger rail ‘‘(d)’’ and inserting ‘‘paragraph’’ after ‘‘The Secretary of the Treasury and the At- transportation or other rail carrier that has ‘‘under’’; torney General,’’ and inserting ‘‘The Sec- already obtained construction or operating (C) in subsection (d)(2)(A)(iii), by inserting retary of Homeland Security,’’. authority from the Board.’’. ‘‘section’’ after ‘‘set forth in’’; and (b) Section 24301(c) is amended by adding SEC. 36502. CONDEMNATION AUTHORITY. (D) in subsection (d)(4)(i), by striking ‘‘10901(e),’’ after ‘‘sections’’ in the first sen- ‘‘must’’ and inserting ‘‘shall’’. Section 24311(c) is amended— tence.

VerDate Mar 15 2010 01:58 Mar 08, 2012 Jkt 099060 PO 00000 Frm 00134 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S17FE2.REC S17FE2 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 17, 2012 CONGRESSIONAL RECORD — SENATE S1013 (c) Section 10501(c)(3)(A) is amended— TITLE III—REVENUE PROVISIONS ‘‘(B) the amount necessary to meet the re- (1) in clause (ii), by striking ‘‘and’’; Sec. 40301. Transfer from Leaking Under- quired expenditures from the Highway Trust (2) in clause (iii), by striking the period at ground Storage Tank Trust Fund under subsection (c) for the period end- the end and inserting ‘‘ ; and’’; and Fund to Highway Trust Fund. ing before October 1, 2013. (3) by adding at the end the following: Sec. 40302. Portion of Leaking Underground ‘‘(3) EXPENDITURES FROM ACCOUNT.— ‘‘(iv) section 10901(e).’’. Storage Tank Trust Fund fi- Amounts in the Solvency Account shall be (d) Section 14901 is amended— nancing rate transferred to available for transfers to the Highway Ac- (1) by redesignating subsections (f) and (g) Highway Trust Fund. count (as defined in subsection (e)(5)(B)) and as subsections (g) and (h), respectively; Sec. 40303. Transfer of gas guzzler taxes to the Mass Transit Account in such amounts (2) by inserting after subsection (e) the fol- Highway Trust Fund. as determined necessary by the Secretary to lowing: Sec. 40304. Revocation or denial of passport ensure that each account has a surplus bal- ‘‘(f) CERTIFICATION REQUIRED.—A person in case of certain unpaid taxes. ance of $2,800,000,000 on September 30, 2013. shall be subject to a penalty of $300 for each Sec. 40305. 100 percent continuous levy on ‘‘(4) TERMINATION OF ACCOUNT.—The Sol- passenger transported if the person— payments to Medicare providers vency Account shall terminate on September ‘‘(1) provides passenger rail transportation and suppliers. 30, 2013, and the Secretary shall transfer any subject to jurisdiction under section 10501(a); Sec. 40306. Transfer of amounts attributable remaining balance in the Account on such and to certain duties on imported date to the Highway Trust Fund.’’. ‘‘(2) does not hold a certificate required vehicles into the Highway (e) EFFECTIVE DATE.—The amendments under section 10901(e).’’; and Trust Fund. made by this section shall take effect on (3) in subsection (g), as redesignated, by Sec. 40307. Treatment of securities of a con- April 1, 2012. striking ‘‘through (e)’’ and inserting trolled corporation exchanged SEC. 40102. EXTENSION OF HIGHWAY-RELATED ‘‘through (f)’’. for assets in certain reorganiza- TAXES. (e) Section 10502(g) is amended to read as tions. (a) IN GENERAL.— follows: Sec. 40308. Internal Revenue Service levies (1) Each of the following provisions of the ‘‘(g) The Board may not exercise its au- and Thrift Savings Plan Ac- Internal Revenue Code of 1986 is amended by thority under this section to relieve a rail counts. striking ‘‘March 31, 2012’’ and inserting ‘‘Sep- carrier of its obligation to protect the inter- Sec. 40309. Depreciation and amortization tember 30, 2015’’: ests of employees as required by this part, or rules for highway and related (A) Section 4041(a)(1)(C)(iii)(I). of the requirements of section 10901(g).’’. property subject to long-term (B) Section 4041(m)(1)(B). (C) Section 4081(d)(1). TITLE VII—SPORT FISH RESTORATION leases. Sec. 40310. Extension for transfers of excess (2) Each of the following provisions of such AND RECREATIONAL BOATING SAFETY pension assets to retiree health Code is amended by striking ‘‘April 1, 2012’’ ACT OF 2012 accounts. and inserting ‘‘October 1, 2015’’: SEC. 37001. SHORT TITLE. Sec. 40311. Transfer of excess pension assets (A) Section 4041(m)(1)(A). This title may be cited as the ‘‘Sport Fish to retiree group term life insur- (B) Section 4051(c). Restoration and Recreational Boating Safety ance accounts. (C) Section 4071(d). Act of 2012’’. Sec. 40312. Pension funding stabilization. (D) Section 4081(d)(3). SEC. 37002. AMENDMENT OF FEDERAL AID IN TITLE I—EXTENSION OF HIGHWAY TRUST (b) EXTENSION OF TAX, ETC., ON USE OF CER- SPORT FISH RESTORATION ACT. FUND EXPENDITURE AUTHORITY AND TAIN HEAVY VEHICLES.—Each of the following Section 4 of the Federal Aid in Fish Res- RELATED TAXES provisions of the Internal Revenue Code of toration Act (16 U.S.C. 777c) is amended— 1986 is amended by striking ‘‘2012’’ and in- (1) in subsection (a), by striking ‘‘of fiscal SEC. 40101. EXTENSION OF TRUST FUND EXPEND- ITURE AUTHORITY. serting ‘‘2015’’: years 2006 through 2011 and for the period be- (1) Section 4481(f). (a) HIGHWAY TRUST FUND.—Section 9503 of ginning on October 1, 2011, and ending on the Internal Revenue Code of 1986 is amend- (2) Subsections (c)(4) and (d) of section 4482. March 31, 2012,’’ and inserting ‘‘fiscal year (c) FLOOR STOCKS REFUNDS.—Section ed— through 2013,’’; and 6412(a)(1) of the Internal Revenue Code of (1) by striking ‘‘April 1, 2012’’ in sub- (2) in subsection (b)(1)(A), by striking ‘‘of 1986 is amended— sections (b)(6)(B), (c)(1), and (e)(3) and insert- fiscal years 2006 through 2011 and for the pe- (1) by striking ‘‘April 1, 2012’’ each place it ing ‘‘October 1, 2013’’; and riod beginning on October 1, 2011, and ending appears and inserting ‘‘October 1, 2015’’; (2) by striking ‘‘Surface Transportation on March 31, 2012,’’ and inserting ‘‘fiscal year (2) by striking ‘‘September 30, 2012’’ each Extension Act of 2011, Part II’’ in subsections through 2013,’’. place it appears and inserting ‘‘March 31, (c)(1) and (e)(3) and inserting ‘‘Moving Ahead SEC. 37003. AMENDMENT OF TRUST FUND CODE. 2016’’; and for Progress in the 21st Century Act’’. (3) by striking ‘‘July 1, 2012’’ and inserting Section 9504(d)(2) of the Internal Revenue (b) SPORT FISH RESTORATION AND BOATING ‘‘January 1, 2016’’. Code of 1986 is amended by striking ‘‘April 1, TRUST FUND.—Section 9504 of the Internal 2012’’ and inserting ‘‘October 1, 2013’’. (d) EXTENSION OF CERTAIN EXEMPTIONS.— Revenue Code of 1986 is amended— Sections 4221(a) and 4483(i) of the Internal DIVISION D—FINANCE (1) by striking ‘‘Surface Transportation Revenue Code of 1986 are each amended by SEC. 40001. SHORT TITLE; TABLE OF CONTENTS. Extension Act of 2011, Part II’’ each place it striking ‘‘April 1, 2012’’ and inserting ‘‘Octo- (a) SHORT TITLE.—This division may be appears in subsection (b)(2) and inserting ber 1, 2015’’. cited as the ‘‘Highway Investment, Job Cre- ‘‘Moving Ahead for Progress in the 21st Cen- (e) EXTENSION OF TRANSFERS OF CERTAIN ation, and Economic Growth Act of 2012’’. tury Act’’; and TAXES.— (b) TABLE OF CONTENTS.—The table of con- (2) by striking ‘‘April 1, 2012’’ in subsection (1) IN GENERAL.—Section 9503 of the Inter- tents for this division is as follows: (d)(2) and inserting ‘‘October 1, 2013’’. nal Revenue Code of 1986 is amended— DIVISION D—FINANCE (c) LEAKING UNDERGROUND STORAGE TANK (A) in subsection (b)— TRUST FUND.—Paragraph (2) of section Sec. 40001. Short title; table of contents. (i) by striking ‘‘April 1, 2012’’ each place it 9508(e) of the Internal Revenue Code of 1986 is appears in paragraphs (1) and (2) and insert- TITLE I—EXTENSION OF HIGHWAY amended by striking ‘‘April 1, 2012’’ and in- ing ‘‘October 1, 2015’’; TRUST FUND EXPENDITURE AUTHOR- serting ‘‘October 1, 2013’’. (ii) by striking ‘‘APRIL 1, 2012’’ in the head- ITY AND RELATED TAXES (d) ESTABLISHMENT OF SOLVENCY AC- ing of paragraph (2) and inserting ‘‘OCTOBER Sec. 40101. Extension of trust fund expendi- COUNT.—Section 9503 of the Internal Revenue 1, 2015’’; ture authority. Code of 1986 is amended by adding at the end (iii) by striking ‘‘March 31, 2012’’ in para- Sec. 40102. Extension of highway-related the following new subsection: graph (2) and inserting ‘‘September 30, 2015’’; taxes. ‘‘(g) ESTABLISHMENT OF SOLVENCY AC- and TITLE II—OTHER PROVISIONS COUNT.— (iv) by striking ‘‘January 1, 2013’’ in para- Sec. 40201. Temporary increase in small ‘‘(1) CREATION OF ACCOUNT.—There is estab- graph (2) and inserting ‘‘July 1, 2016’’; and issuer exception to tax-exempt lished in the Highway Trust Fund a separate (B) in subsection (c)(2), by striking ‘‘Janu- interest expense allocation account to be known as the ‘Solvency Ac- ary 1, 2013’’ and inserting ‘‘July 1, 2016’’. rules for financial institutions. count’ consisting of such amounts as may be (2) MOTORBOAT AND SMALL-ENGINE FUEL TAX Sec. 40202. Temporary modification of alter- transferred or credited to the Solvency Ac- TRANSFERS.— native minimum tax limita- count as provided in this section or section (A) IN GENERAL.—Paragraphs (3)(A)(i) and tions on tax-exempt bonds. 9602(b). (4)(A) of section 9503(c) of such Code are each Sec. 40203. Issuance of TRIP bonds by State ‘‘(2) TRANSFERS TO SOLVENCY ACCOUNT.— amended by striking ‘‘April 1, 2012’’ and in- infrastructure banks. The Secretary of the Treasury shall transfer serting ‘‘October 1, 2015’’. Sec. 40204. Extension of parity for exclusion to the Solvency Account the excess of— (B) CONFORMING AMENDMENTS TO LAND AND from income for employer-pro- ‘‘(A) any amount appropriated to the High- WATER CONSERVATION FUND.—Section 201(b) of vided mass transit and parking way Trust Fund before October 1, 2013, by the Land and Water Conservation Fund Act benefits. reason of the provisions of, and amendments of 1965 (16 U.S.C. 460l 11(b)) is amended— Sec. 40205. Exempt-facility bonds for sewage made by, the Highway Investment, Job Cre- (i) by striking ‘‘April 1, 2013’’ each place it and water supply facilities. ation, and Economic Growth Act of 2012, over appears and inserting ‘‘October 1, 2016’’; and

VerDate Mar 15 2010 01:58 Mar 08, 2012 Jkt 099060 PO 00000 Frm 00135 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S17FE2.REC S17FE2 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1014 CONGRESSIONAL RECORD — SENATE February 17, 2012 (ii) by striking ‘‘April 1, 2012’’ and insert- actment of this paragraph for 1 or more issued after December 31, 2017, or paragraph ing ‘‘October 1, 2015’’. qualified projects pursuant to an allocation (6) or (10) of section 142(a)’’. (f) EFFECTIVE DATE.— of such proceeds to such project or projects (c) EFFECTIVE DATE.—The amendments (1) IN GENERAL.—Except as provided in by a State infrastructure bank, made by this section shall apply to obliga- paragraph (2), the amendments made by this ‘‘(ii) the bond is issued by a State infra- tions issued after the date of the enactment section shall take effect on April 1, 2012. structure bank and is in registered form of this Act. (2) SUBSECTION (b)(2).—The amendment (within the meaning of section 149(a) of the TITLE III—REVENUE PROVISIONS made by subsection (b)(2) shall apply to peri- Internal Revenue Code of 1986), ods beginning after September 30, 2012. ‘‘(iii) the State infrastructure bank des- SEC. 40301. TRANSFER FROM LEAKING UNDER- GROUND STORAGE TANK TRUST TITLE II—OTHER PROVISIONS ignates such bond for purposes of this sec- tion, and FUND TO HIGHWAY TRUST FUND. SEC. 40201. TEMPORARY INCREASE IN SMALL ‘‘(iv) the term of each bond which is part of (a) IN GENERAL.—Subsection (c) of section ISSUER EXCEPTION TO TAX-EXEMPT such issue does not exceed 30 years. 9508 of the Internal Revenue Code of 1986 is INTEREST EXPENSE ALLOCATION amended— RULES FOR FINANCIAL INSTITU- ‘‘(C) QUALIFIED PROJECT.—For purposes of TIONS. this subparagraph, the term ‘qualified (1) by striking ‘‘Amounts’’ and inserting: ‘‘(1) IN GENERAL.—Except as provided in (a) IN GENERAL.—Subparagraph (G) of sec- project’ means the capital improvements to tion 265(b)(3) of the Internal Revenue Code of any transportation infrastructure project of paragraph (2), amounts’’, and 1986 is amended— any governmental unit or other person, in- (2) by adding at the end the following new (1) by striking ‘‘2009 or 2010’’ in clause (i) cluding roads, bridges, rail and transit sys- paragraph: and inserting ‘‘2009, 2010, or 2012’’, tems, ports, and inland waterways proposed ‘‘(2) TRANSFER TO HIGHWAY TRUST FUND.— (2) by striking ‘‘2009 or 2010’’ each place it and approved by a State infrastructure bank, Out of amounts in the Leaking Underground appears in clauses (ii) and (iii) and inserting but does not include costs of operations or Storage Tank Trust Fund there is hereby ap- ‘‘2009, 2010, or the period beginning after the maintenance with respect to such project.’’, propriated $3,000,000,000 to be transferred date of the enactment of the Highway In- (3) by adding at the end of paragraph (5), as under section 9503(f)(3) to the Highway Trust vestment, Job Creation, and Economic redesignated by paragraph (1), the following Fund.’’. Growth Act of 2012 and before January 1, new subparagraph: (b) TRANSFER TO HIGHWAY TRUST FUND.— 2013’’, and ‘‘(D) TRIP BOND ACCOUNT..—Funds depos- (1) IN GENERAL.—Subsection (f) of section (3) by striking ‘‘2009 AND 2010’’ in the heading ited into the TRIP bond account shall con- 9503 of the Internal Revenue Code of 1986 is and inserting ‘‘2009, 2010, AND 2012’’. stitute for purposes of this section a capital- amended by inserting after paragraph (2) the (b) EFFECTIVE DATE.—The amendments ization grant for the TRIP bond account of following new paragraph: made by this section shall apply to obliga- the bank.’’, and ‘‘(3) INCREASE IN FUND BALANCE.—There is tions issued after the date of the enactment (4) by adding at the end the following new hereby transferred to the Highway Trust of this Act. paragraph: Fund amounts appropriated from the Leak- ing Underground Storage Tank Trust Fund SEC. 40202. TEMPORARY MODIFICATION OF AL- ‘‘(8) SPECIAL RULES FOR TRIP BOND ACCOUNT TERNATIVE MINIMUM TAX LIMITA- FUNDS.— under section 9508(c)(2).’’. TIONS ON TAX-EXEMPT BONDS. ‘‘(A) IN GENERAL.—The State shall develop (2) CONFORMING AMENDMENTS.—Paragraph (a) INTEREST ON PRIVATE ACTIVITY BONDS a transparent competitive process for the (4) of section 9503(f) of such Code is amend- NOT TREATED AS TAX PREFERENCE ITEMS.— award of funds deposited into the TRIP bond ed— Clause (vi) of section 57(a)(5)(C) of the Inter- account that considers the impact of quali- (A) by inserting ‘‘or transferred’’ after ‘‘ap- nal Revenue Code of 1986 is amended— fied projects on the economy, the environ- propriated’’, and (1) in subclause (I) by inserting ‘‘, or after ment, state of good repair, and equity. (B) by striking ‘‘APPROPRIATED’’ in the the date of enactment of the Highway In- ‘‘(B) APPLICABILITY OF FEDERAL LAW.—The heading thereof. vestment, Job Creation, and Economic requirements of any Federal law, including SEC. 40302. PORTION OF LEAKING UNDER- Growth Act of 2012 and before January 1, this title and titles 40 and 49, which would GROUND STORAGE TANK TRUST 2013’’ after ‘‘January 1, 2011’’; otherwise apply to projects to which the FUND FINANCING RATE TRANS- (2) in subclause (III) by inserting ‘‘before United States is a party or to funds made FERRED TO HIGHWAY TRUST FUND. January 1, 2011’’ after ‘‘which is issued’’; and available under such law and projects as- (a) IN GENERAL.—Subsection (b) of section (3) by striking ‘‘AND 2010’’ in the heading sisted with those funds shall apply to— 9503 of the Internal Revenue Code of 1986 is and inserting ‘‘, 2010, AND PORTIONS OF 2012’’. ‘‘(i) funds made available under the TRIP amended by inserting after paragraph (2) the (b) NO ADJUSTMENT TO ADJUSTED CURRENT bond account for similar qualified projects, following new paragraph: EARNINGS.—Clause (iv) of section 56(g)(4)(B) and ‘‘(3) PORTION OF LEAKING UNDERGROUND of the Internal Revenue Code of 1986 is ‘‘(ii) similar qualified projects assisted STORAGE TANK TRUST FUND FINANCING RATE.— amended— through the use of such funds.’’. There are hereby appropriated to the High- (1) in subclause (I) by inserting ‘‘, or after SEC. 40204. EXTENSION OF PARITY FOR EXCLU- way Trust Fund amounts equivalent to one- the date of enactment of the Highway In- SION FROM INCOME FOR EM- third of the taxes received in the Treasury vestment, Job Creation, and Economic PLOYER-PROVIDED MASS TRANSIT under— Growth Act of 2012 and before January 1, AND PARKING BENEFITS. ‘‘(A) section 4041(d) (relating to additional (a) IN GENERAL.—Paragraph (2) of section 2013’’ after ‘‘January 1, 2011’’; taxes on motor fuels), 132(f) of the Internal Revenue Code of 1986 is (2) in subclause (III) by inserting ‘‘before ‘‘(B) section 4081 (relating to tax on gaso- amended by striking ‘‘January 1, 2012’’ and January 1, 2011’’ after ‘‘which is issued’’; and line, diesel fuel, and kerosene) to the extent inserting ‘‘January 1, 2013’’. (3) by striking ‘‘AND 2010’’ in the heading attributable to the Leaking Underground (b) EFFECTIVE DATE.—The amendment and inserting ‘‘, 2010, AND PORTIONS OF 2012’’. Storage Tank Trust Fund financing rate made by this section shall apply to months under such section, and (c) EFFECTIVE DATE.—The amendments after December 31, 2011. made by this section shall apply to obliga- ‘‘(C) section 4042 (relating to tax on fuel SEC. 40205. EXEMPT-FACILITY BONDS FOR SEW- tions issued after the date of enactment of used in commercial transportation on inland AGE AND WATER SUPPLY FACILI- waterways) to the extent attributable to the this Act. TIES. Leaking Underground Storage Tank Trust SEC. 40203. ISSUANCE OF TRIP BONDS BY STATE (a) BONDS FOR WATER AND SEWAGE FACILI- Fund financing rate under such section. INFRASTRUCTURE BANKS. TIES TEMPORARILY EXEMPT FROM VOLUME Section 610(d) of title 23, United States CAP ON PRIVATE ACTIVITY BONDS.—Sub- For purposes of this paragraph, there shall Code, is amended— section (g) of section 146 of the Internal Rev- not be taken into account the taxes imposed (1) by redesignating paragraphs (4), (5), and enue Code of 1986 is amended— by sections 4041 and 4081 on diesel fuel sold (6) as paragraphs (5), (6), and (7), respec- (1) by striking ‘‘and’’ at the end of para- for use or used as fuel in a diesel-powered tively, graph (3), boat.’’. (2) by inserting after paragraph (3) the fol- (2) by striking the period at the end of (b) CONFORMING AMENDMENTS.— lowing new paragraph: paragraph (4) and inserting ‘‘, and’’, and (1) Paragraphs (1), (2), and (3) of section ‘‘(4) TRIP BOND ACCOUNT.— (3) by inserting after paragraph (4) the fol- 9508(b) of the Internal Revenue Code of 1986 ‘‘(A) IN GENERAL.—A State, through a lowing new paragraph: are each amended by inserting ‘‘two-thirds of State infrastructure bank, may issue TRIP ‘‘(5) any exempt facility bonds issued be- the’’ before ‘‘taxes’’. bonds and deposit proceeds from such fore January 1, 2018, as part of an issue de- (2) Paragraph (4) of section 9503(b) of such issuance into the TRIP bond account of the scribed in paragraph (4) or (5) of section Code is amended by striking subparagraphs bank. 142(a).’’. (A) and (B) and by redesignating subpara- ‘‘(B) TRIP BOND.—For purposes of this sec- (b) CONFORMING CHANGE.—Paragraphs (2) graphs (C) and (D) as subparagraphs (A) and tion, the term ‘TRIP bond’ means any bond and (3)(B) of section 146(k) of the Internal (B), respectively. issued as part of an issue if— Revenue Code of 1986 are both amended by (c) EFFECTIVE DATE.—The amendments ‘‘(i) 100 percent of the available project striking ‘‘paragraph (4), (5), (6), or (10) of sec- made by this section shall apply to taxes re- proceeds of such issue are to be used for ex- tion 142(a)’’ and inserting ‘‘paragraph (4) or ceived after the date of the enactment of this penditures incurred after the date of the en- (5) of section 142(a) with respect to bonds Act.

VerDate Mar 15 2010 01:58 Mar 08, 2012 Jkt 099060 PO 00000 Frm 00136 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S17FE2.REC S17FE2 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 17, 2012 CONGRESSIONAL RECORD — SENATE S1015 SEC. 40303. TRANSFER OF GAS GUZZLER TAXES taxpayer who has a seriously delinquent tax Highway Trust Fund amounts equivalent to TO HIGHWAY TRUST FUND. debt described in such section. Such return the amounts received in the Treasury that (a) IN GENERAL.—Paragraph (1) of section information shall be limited to— are attributable to duties collected on or 9503(b) of the Internal Revenue Code of 1986 ‘‘(i) the taxpayer identity information with after October 1, 2011, and before October 1, is amended by redesignating subparagraphs respect to such taxpayer, and 2016, on articles classified under subheading (C), (D), and (E) as subparagraphs (D), (E), ‘‘(ii) the amount of such seriously delin- 8703.22.00 or 8703.24.00 of the Harmonized Tar- and (F), respectively, and by inserting after quent tax debt. iff Schedule of the United States.’’. subparagraph (B) the following new subpara- ‘‘(B) RESTRICTION ON DISCLOSURE.—Return graph: information disclosed under subparagraph SEC. 40307. TREATMENT OF SECURITIES OF A ‘‘(B) section 4064 (relating to gas guzzler (A) may be used by officers and employees of CONTROLLED CORPORATION EX- CHANGED FOR ASSETS IN CERTAIN tax),’’. the Department of State for the purposes of, REORGANIZATIONS. (b) EFFECTIVE DATE.—The amendments and to the extent necessary in, carrying out made by this section shall apply to taxes re- the requirements of section 4 of the Act enti- (a) IN GENERAL.—Section 361 of the Inter- ceived after the date of the enactment of this tled ‘An Act to regulate the issue and valid- nal Revenue Code of 1986 is amended by add- Act. ity of passports, and for other purposes’, ap- ing at the end the following new subsection: proved July 3, 1926 (22 U.S.C. 211a et seq.), SEC. 40304. REVOCATION OR DENIAL OF PASS- ‘‘(d) SPECIAL RULES FOR TRANSACTIONS IN- PORT IN CASE OF CERTAIN UNPAID commonly known as the ‘Passport Act of VOLVING SECTION 355 DISTRIBUTIONS.—In the TAXES. 1926’.’’. case of a reorganization described in section (a) IN GENERAL.—Subchapter D of chapter (2) CONFORMING AMENDMENT.—Paragraph 75 of the Internal Revenue Code of 1986 is (4) of section 6103(p) of such Code is amended 368(a)(1)(D) with respect to which stock or amended by adding at the end the following by striking ‘‘or (22)’’ each place it appears in securities of the corporation to which the as- new section: subparagraph (F)(ii) and in the matter pre- sets are transferred are distributed in a transaction which qualifies under section ‘‘SEC. 7345. REVOCATION OR DENIAL OF PASS- ceding subparagraph (A) and inserting ‘‘(22), PORT IN CASE OF CERTAIN TAX DE- or (23)’’. 355— LINQUENCIES. (d) REVOCATION AUTHORIZATION.—The Act ‘‘(1) this section shall be applied by sub- ‘‘(a) IN GENERAL.—If the Secretary receives entitled ‘‘An Act to regulate the issue and stituting ‘stock other than nonqualified pre- certification by the Commissioner of Inter- validity of passports, and for other pur- ferred stock (as defined in section 351(g)(2))’ nal Revenue that any individual has a seri- poses’’, approved July 3, 1926 (22 U.S.C. 211a for ‘stock or securities’ in subsections (a) ously delinquent tax debt in an amount in et seq.), commonly known as the ‘‘Passport and (b)(1), and excess of $50,000, the Secretary shall trans- Act of 1926’’, is amended by adding at the end ‘‘(2) the first sentence of subsection (b)(3) mit such certification to the Secretary of the following: shall apply only to the extent that the sum State for action with respect to denial, rev- ‘‘SEC. 4. AUTHORITY TO DENY OR REVOKE PASS- of the money and the fair market value of ocation, or limitation of a passport pursuant PORT. the other property transferred to such credi- to section 4 of the Act entitled ‘An Act to ‘‘(a) INELIGIBILITY.— tors does not exceed the adjusted bases of regulate the issue and validity of passports, ‘‘(1) ISSUANCE.—Except as provided under such assets transferred (reduced by the and for other purposes’, approved July 3, 1926 subsection (b), upon receiving a certification amount of the liabilities assumed (within the (22 U.S.C. 211a et seq.), commonly known as described in section 7345 of the Internal Rev- meaning of section 357(c))).’’. the ‘Passport Act of 1926’. enue Code of 1986 from the Secretary of the Treasury, the Secretary of State may not (b) CONFORMING AMENDMENT.—Paragraph ‘‘(b) SERIOUSLY DELINQUENT TAX DEBT.— issue a passport or passport card to any indi- (3) of section 361(b) is amended by striking For purposes of this section, the term ‘seri- the last sentence. ously delinquent tax debt’ means an out- vidual who has a seriously delinquent tax standing debt under this title for which a no- debt described in such section. (c) EFFECTIVE DATE.— tice of lien has been filed in public records ‘‘(2) REVOCATION.—The Secretary of State (1) IN GENERAL.—Except as provided in pursuant to section 6323 or a notice of levy shall revoke a passport or passport card pre- paragraph (2), the amendments made by this has been filed pursuant to section 6331, ex- viously issued to any individual described in section shall apply to exchanges after the cept that such term does not include— subparagraph (A). date of the enactment of this Act. ‘‘(b) EXCEPTIONS.— ‘‘(1) a debt that is being paid in a timely (2) TRANSITION RULE.—The amendments ‘‘(1) EMERGENCY AND HUMANITARIAN SITUA- manner pursuant to an agreement under sec- made by this section shall not apply to any TIONS.—Notwithstanding subsection (a), the tion 6159 or 7122, and exchange pursuant to a transaction which Secretary of State may issue a passport or ‘‘(2) a debt with respect to which collection is— passport card, in emergency circumstances is suspended because a collection due process (A) made pursuant to a written agreement or for humanitarian reasons, to an individual hearing under section 6330, or relief under which was binding on February 6, 2012, and described in subsection (a)(1). subsection (b), (c), or (f) of section 6015, is re- at all times thereafter; ‘‘(2) LIMITATION FOR RETURN TO UNITED quested or pending. (B) described in a ruling request submitted STATES.—Notwithstanding subsection (a)(2), ‘‘(c) ADJUSTMENT FOR INFLATION.—In the to the Internal Revenue Service on or before the Secretary of State, before revocation, case of a calendar year beginning after 2012, February 6, 2012; or may— the dollar amount in subsection (a) shall be (C) described on or before February 6, 2012, ‘‘(A) limit a previously issued passport or increased by an amount equal to— in a public announcement or in a filing with passport card only for return travel to the ‘‘(1) such dollar amount, multiplied by the Securities and Exchange Commission. United States; or ‘‘(2) the cost-of-living adjustment deter- ‘‘(B) issue a limited passport or passport SEC. 40308. INTERNAL REVENUE SERVICE LEVIES mined under section 1(f)(3) for the calendar card that only permits return travel to the AND THRIFT SAVINGS PLAN AC- year, determined by substituting ‘calendar United States.’’. COUNTS. year 2011’ for ‘calendar year 1992’ in subpara- (e) EFFECTIVE DATE.—The amendments graph (B) thereof. Section 8437(e)(3) of title 5, United States made by this section shall take effect on Code, is amended by inserting ‘‘, the enforce- If any amount as adjusted under the pre- January 1, 2013. ment of a Federal tax levy as provided in ceding sentence is not a multiple of $1,000, SEC. 40305. 100 PERCENT CONTINUOUS LEVY ON section 6331 of the Internal Revenue Code of such amount shall be rounded to the next PAYMENTS TO MEDICARE PRO- 1986,’’ after ‘‘(42 U.S.C. 659)’’. highest multiple of $1,000.’’. VIDERS AND SUPPLIERS. (b) CLERICAL AMENDMENT.—The table of (a) IN GENERAL.—Paragraph (3) of section SEC. 40309. DEPRECIATION AND AMORTIZATION sections for subchapter D of chapter 75 of the 6331(h) of the Internal Revenue Code of 1986 RULES FOR HIGHWAY AND RELATED Internal Revenue Code of 1986 is amended by is amended by striking the period at the end PROPERTY SUBJECT TO LONG-TERM adding at the end the following new item: and inserting ‘‘, or to a Medicare provider or LEASES. supplier under title XVIII of the Social Secu- ‘‘Sec. 7345. Revocation or denial of passport (a) ACCELERATED COST RECOVERY.— rity Act.’’. in case of certain tax delin- (1) IN GENERAL.—Section 168(g)(1) of the In- (b) EFFECTIVE DATE.—The amendment quencies.’’. ternal Revenue Code of 1986 is amended by made by this section shall apply to payments (c) AUTHORITY FOR INFORMATION SHARING.— made after the date of the enactment of this striking ‘‘and’’ at the end of subparagraph (1) IN GENERAL.—Subsection (l) of section Act. (D), by redesignating subparagraph (E) as 6103 of the Internal Revenue Code of 1986 is subparagraph (F), and by inserting after sub- SEC. 40306. TRANSFER OF AMOUNTS ATTRIB- amended by adding at the end the following UTABLE TO CERTAIN DUTIES ON IM- paragraph (D) the following new subpara- new paragraph: PORTED VEHICLES INTO THE HIGH- graph: ‘‘(23) DISCLOSURE OF RETURN INFORMATION WAY TRUST FUND. ‘‘(E) any applicable leased highway prop- TO DEPARTMENT OF STATE FOR PURPOSES OF Section 9503(b) of the Internal Revenue erty,’’. PASSPORT REVOCATION UNDER SECTION 7345.— Code of 1986, as amended by this Act, is (2) RECOVERY PERIOD.—The table contained ‘‘(A) IN GENERAL.—The Secretary shall, amended by adding at the end the following in subparagraph (C) of section 168(g)(2) of upon receiving a certification described in new paragraph: such Code is amended by redesignating section 7345, disclose to the Secretary of ‘‘(8) CERTAIN DUTIES ON IMPORTED VEHI- clause (iv) as clause (v) and by inserting State return information with respect to a CLES.—There are hereby appropriated to the after clause (iii) the following new clause:

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‘‘(iv) Applicable leased highway (c) EFFECTIVE DATE.—The amendments (c) MAINTENANCE OF EFFORT.— property ...... 45 years.’’. made by this Act shall take effect on the (1) IN GENERAL.—Subparagraph (A) of sec- (3) APPLICABLE LEASED HIGHWAY PROPERTY date of the enactment of this Act. tion 420(c)(3) of the Internal Revenue Code of DEFINED.— SEC. 40311. TRANSFER OF EXCESS PENSION AS- 1986 is amended by inserting ‘‘, and each (A) IN GENERAL.—Section 168(g) of such SETS TO RETIREE GROUP TERM group-term life insurance plan under which Code is amended by redesignating paragraph LIFE INSURANCE ACCOUNTS. applicable life insurance benefits are pro- (7) as paragraph (8) and by inserting after (a) IN GENERAL.—Subsection (a) of section vided,’’ after ‘‘health benefits are provided’’. paragraph (6) the following new paragraph: 420 of the Internal Revenue Code of 1986 is (2) CONFORMING AMENDMENTS.— ‘‘(7) APPLICABLE LEASED HIGHWAY PROP- amended by inserting ‘‘, or an applicable life (A) Subparagraph (B) of section 420(c)(3) of ERTY.—For purposes of paragraph (1)(E)— insurance account,’’ after ‘‘health benefits such Code is amended— ‘‘(A) IN GENERAL.—The term ‘applicable account’’. (i) by redesignating subclauses (I) and (II) leased highway property’ means property to (b) APPLICABLE LIFE INSURANCE ACCOUNT of clause (i) as subclauses (II) and (III) of DEFINED.— which this section otherwise applies which— such clause, respectively, and by inserting (1) IN GENERAL.—Subsection (e) of section ‘‘(i) is subject to an applicable lease, and before subclause (II) of such clause, as so re- 420 of the Internal Revenue Code of 1986 is ‘‘(ii) is placed in service before the date of designated, the following new subclause: amended by redesignating paragraphs (4) and such lease. ‘‘(I) separately with respect to applicable (5) as paragraphs (5) and (6), respectively, ‘‘(B) APPLICABLE LEASE.—The term ‘appli- health benefits and applicable life insurance and by inserting after paragraph (3) the fol- cable lease’ means a lease or other arrange- lowing new paragraph: benefits,’’, and ment— (ii) by striking ‘‘for applicable health bene- ‘‘(4) APPLICABLE LIFE INSURANCE ACCOUNT.— ‘‘(i) which is between the taxpayer and a The term ‘applicable life insurance account’ fits’’ and all that follows in clause (ii) and State or political subdivision thereof, or any means a separate account established and inserting ‘‘was provided during such taxable agency or instrumentality of either, and maintained for amounts transferred under year for the benefits with respect to which ‘‘(ii) under which the taxpayer— this section for qualified current retiree li- the determination under clause (i) is made.’’. ‘‘(I) leases a highway and associated im- abilities based on premiums for applicable (B) Subparagraph (C) of section 420(c)(3) of provements, life insurance benefits.’’. such Code is amended— ‘‘(II) receives a right-of-way on the public (2) APPLICABLE LIFE INSURANCE BENEFITS (i) by inserting ‘‘for applicable health ben- lands underlying such highway and improve- DEFINED.—Paragraph (1) of section 420(e) of efits’’ after ‘‘applied separately’’, and ments, and such Code is amended by redesignating sub- (ii) by inserting ‘‘, and separately for appli- ‘‘(III) receives a grant of a franchise or paragraph (D) as subparagraph (E) and by in- cable life insurance benefits with respect to other intangible right permitting the tax- serting after subparagraph (C) the following individuals age 65 or older at any time dur- payer to receive funds relating to the oper- new subparagraph: ing the taxable year and with respect to indi- ation of such highway.’’. ‘‘(D) APPLICABLE LIFE INSURANCE BENE- viduals under age 65 during the taxable ONFORMING AMENDMENT (B) C .—Subpara- FITS.—The term ‘applicable life insurance year’’ before the period. graph (F) of section 168(g)(1) (as redesignated benefits’ means group-term life insurance (C) Subparagraph (E) of section 420(c)(3) of by subsection (a)(1)) is amended by striking coverage provided to retired employees who, such Code is amended— ‘‘paragraph (7)’’ and inserting ‘‘paragraph immediately before the qualified transfer, (i) in clause (i), by inserting ‘‘or retiree life (8)’’. are entitled to receive such coverage by rea- insurance coverage, as the case may be,’’ (b) AMORTIZATION OF INTANGIBLES.—Section son of retirement and who are entitled to after ‘‘retiree health coverage’’, and 197(f) of the Internal Revenue Code of 1986 is pension benefits under the plan, but only to (ii) in clause (ii), by inserting ‘‘FOR RE- amended by adding at the end the following the extent that such coverage is provided TIREE HEALTH COVERAGE’’ after ‘‘COST REDUC- new paragraph: under a policy for retired employees and the TIONS’’ in the heading thereof, and ‘‘(11) INTANGIBLES RELATING TO APPLICABLE cost of such coverage is excludable from the (iii) in clause (ii)(II), by inserting ‘‘with re- LEASED HIGHWAY PROPERTY.—In the case of retired employee’s gross income under sec- spect to applicable health benefits’’ after ‘‘li- any amortizable section 197 intangible prop- tion 79.’’. abilities of the employer’’. erty which is acquired in connection with an (3) COLLECTIVELY BARGAINED LIFE INSUR- (D) Paragraph (2) of section 420(f) of such applicable lease (as defined in section ANCE BENEFITS DEFINED.— Code is amended by striking ‘‘collectively 168(g)(7)(B)), the amortization period under (A) IN GENERAL.—Paragraph (6) of section bargained retiree health liabilities’’ each this section shall not be less than the term 420(f) of such Code is amended by redesig- place it occurs and inserting ‘‘collectively of the applicable lease. For purposes of the nating subparagraph (D) as subparagraph (E) bargained retiree liabilities’’. preceding sentence, rules similar to the rules and by inserting after subparagraph (C) the (E) Clause (i) of section 420(f)(2)(D) of such of section 168(i)(3)(A) shall apply in deter- following new subparagraph: Code is amended— mining the term of the applicable lease.’’. ‘‘(D) COLLECTIVELY BARGAINED LIFE INSUR- (i) by inserting ‘‘, and each group-term life ANCE BENEFITS.—The term ‘collectively bar- (c) NO PRIVATE ACTIVITY BOND FINANCING insurance plan or arrangement under which gained life insurance benefits’ means, with OF APPLICABLE LEASED HIGHWAY PROPERTY.— applicable life insurance benefits are pro- respect to any collectively bargained trans- Section 147(e) of the Internal Revenue Code vided,’’ in subclause (I) after ‘‘applicable fer— of 1986 is amended by inserting ‘‘, or to fi- health benefits are provided’’, ‘‘(i) applicable life insurance benefits nance any applicable leased highway prop- (ii) by inserting ‘‘or applicable life insur- which are provided to retired employees who, erty (as defined in section 168(g)(7)(A))’’ after ance benefits, as the case may be,’’ in sub- ‘‘premises’’. immediately before the transfer, are entitled to receive such benefits by reason of retire- clause (I) after ‘‘provides applicable health (d) EFFECTIVE DATES.— ment, and benefits’’, (1) IN GENERAL.—Except as provided in ‘‘(ii) if specified by the provisions of the (iii) by striking ‘‘group health’’ in sub- paragraph (2), the amendments made by this collective bargaining agreement governing clause (II), and section shall apply to leases entered into the transfer, applicable life insurance bene- (iv) by inserting ‘‘or collectively bargained after the date of the enactment of this Act. fits which will be provided at retirement to life insurance benefits’’ in subclause (II) (2) NO PRIVATE ACTIVITY BOND FINANCING.— employees who are not retired employees at after ‘‘collectively bargained health bene- The amendment made by subsection (c) shall the time of the transfer.’’. fits’’. apply to bonds issued after the date of the (B) CONFORMING AMENDMENTS.— (F) Clause (ii) of section 420(f)(2)(D) of such enactment of this Act. (i) Clause (i) of section 420(e)(1)(C) of such Code is amended— SEC. 40310. EXTENSION FOR TRANSFERS OF EX- Code is amended by striking ‘‘upon retire- (i) by inserting ‘‘with respect to applicable CESS PENSION ASSETS TO RETIREE ment’’ and inserting ‘‘by reason of retire- health benefits or applicable life insurance HEALTH ACCOUNTS. ment’’. benefits’’ after ‘‘requirements of subsection (a) IN GENERAL.—Paragraph (5) of section (ii) Subparagraph (C) of section 420(f)(6) of (c)(3)’’, and 420(b) of the Internal Revenue Code of 1986 is such Code is amended— (ii) by adding at the end the following: amended by striking ‘‘December 31, 2013’’ and (I) by striking ‘‘which are provided to’’ in ‘‘Such election may be made separately with inserting ‘‘December 31, 2021’’. the matter preceding clause (i), respect to applicable health benefits and ap- (b) CONFORMING ERISA AMENDMENTS.— (II) by inserting ‘‘which are provided to’’ plicable life insurance benefits. In the case of (1) Sections 101(e)(3), 403(c)(1), and before ‘‘retired employees’’ in clause (i), an election with respect to applicable life in- 408(b)(13) of the Employee Retirement In- (III) by striking ‘‘upon retirement’’ in surance benefits, the first sentence of this come Security Act of 1974 are each amended clause (i) and inserting ‘‘by reason of retire- clause shall be applied as if subsection (c)(3) by striking ‘‘Pension Protection Act of 2006’’ ment’’, and as in effect before the amendments made by and inserting ‘‘Highway Investment, Job (IV) by striking ‘‘active employees who, such Act applied to such benefits.’’ Creation, and Economic Growth Act of 2012’’. following their retirement,’’ and inserting (G) Clause (iii) of section 420(f)(2)(D) of (2) Section 408(b)(13) of such Act (29 U.S.C. ‘‘which will be provided at retirement to em- such Code is amended— 1108(b)(13)) is amended by striking ‘‘January ployees who are not retired employees at the (i) by striking ‘‘retiree’’ each place it oc- 1, 2014’’ and inserting ‘‘January 1, 2022’’. time of the transfer and who’’. curs, and

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(ii) by inserting ‘‘, collectively bargained (B) in clause (ii), by striking ‘‘health plan’’ ‘‘(iv) SEGMENT RATE STABILIZATION.—If a life insurance benefits, or both, as the case and inserting ‘‘plan’’. segment rate described in clause (i), (ii), or may be,’’ after ‘‘health benefits’’ each place (12) Subparagraph (B) of section 420(f)(6) of (iii) with respect to any applicable month it occurs. such Code is amended— (determined without regard to this clause) is (d) COORDINATION WITH SECTION 79.—Sec- (A) in clause (i), by inserting ‘‘, and collec- less than 85 percent, or more than 115 per- tion 79 of the Internal Revenue Code of 1986 tively bargained life insurance benefits,’’ cent, of the average of the segment rates (de- is amended by adding at the end the fol- after ‘‘collectively bargained health bene- termined on an annual basis by the Sec- lowing new subsection: fits’’, retary) described in such clause for years in ‘‘(f) EXCEPTION FOR LIFE INSURANCE PUR- (B) in clause (ii)— the 10-year period ending with September 30 CHASED IN CONNECTION WITH QUALIFIED (i) by adding at the end the following: ‘‘The of the calendar year preceding the calendar TRANSFER OF EXCESS PENSION ASSETS.—Sub- preceding sentence shall be applied sepa- year in which the plan year begins, then the section (b)(3) and section 72(m)(3) shall not rately for collectively bargained health ben- segment rate described in such clause with apply in the case of any cost paid (whether efits and collectively bargained life insur- respect to the applicable month shall be directly or indirectly) with assets held in an ance benefits.’’, and equal to 85 or 115 percent of such average, applicable life insurance account (as defined (ii) by inserting ‘‘, applicable life insurance whichever is closest.’’. in section 420(e)(4)) under a defined benefit accounts,’’ after ‘‘health benefit accounts’’, (2) CONFORMING AMENDMENTS.— plan.’’. and (A) Paragraph (6) of section 404(o) of such (C) by striking ‘‘HEALTH’’ in the heading (e) CONFORMING AMENDMENTS.— Code is amended by inserting ‘‘(determined thereof. (1) Section 420 of the Internal Revenue by not taking into account any adjustment (13) Subparagraph (E) of section 420(f)(6) of Code of 1986 is amended by striking ‘‘quali- under clause (iv) of subsection (h)(2)(C) such Code, as redesignated by subsection (b), fied current retiree health liabilities’’ each thereof)’’ before the period. is amended— place it appears and inserting ‘‘qualified cur- (B) Subparagraph (F) of section 430(h)(2) of (A) by striking ‘‘bargained health’’ and in- rent retiree liabilities’’. such Code is amended by inserting ‘‘and the serting ‘‘bargained’’, (2) Section 420 of such Code is amended by averages determined under subparagraph (B) by inserting ‘‘, or a group-term life in- inserting ‘‘, or an applicable life insurance (C)(iv)’’ after ‘‘subparagraph (C)’’. surance plan or arrangement for retired em- (C) Subparagraphs (C) and (D) of section account,’’ after ‘‘a health benefits account’’ ployees,’’ after ‘‘dependents’’ , and each place it appears in subsection (b)(1)(A), 417(e)(3) of such Code are each amended by (C) by striking ‘‘HEALTH’’ in the heading subparagraphs (A), (B)(i), and (C) of sub- striking ‘‘section 430(h)(2)(C)’’ and inserting thereof. ‘‘section 430(h)(2)(C) (determined by not tak- section (c)(1), subsection (d)(1)(A), and sub- (14) Section 101(e) of the Employee Retire- section (f)(2)(E)(ii). ing into account any adjustment under ment Income Security Act of 1974 (29 U.S.C. clause (iv) thereof)’’. (3) Section 420(b) of such Code is amended— 1021(e)) is amended— (b) AMENDMENTS TO EMPLOYEE RETIREMENT (A) by adding the following at the end of (A) in paragraphs (1) and (2), by inserting INCOME SECURITY ACT OF 1974.— paragraph (2)(A): ‘‘If there is a transfer from ‘‘or applicable life insurance account’’ after (1) IN GENERAL.—Subparagraph (C) of sec- a defined benefit plan to both a health bene- ‘‘health benefits account’’ each place it ap- tion 303(h)(2) of the Employee Retirement In- fits account and an applicable life insurance pears, and come Security Act of 1974 (29 U.S.C. account during any taxable year, such trans- (B) in paragraph (1), by inserting ‘‘or appli- 1083(h)(2)) is amended by adding at the end fers shall be treated as 1 transfer for pur- cable life insurance benefit liabilities’’ after the following new clause: poses of this paragraph.’’, and ‘‘health benefits liabilities’’. ‘‘(iv) SEGMENT RATE STABILIZATION.—If a (B) by inserting ‘‘to an account’’ after (f) TECHNICAL CORRECTION.—Clause (iii) of ‘‘may be transferred’’ in paragraph (3). section 420(f)(6)(B) is amended by striking segment rate described in clause (i), (ii), or (4) The heading for section 420(c)(1)(B) of ‘‘416(I)(1)’’ and inserting ‘‘416(i)(1)’’. (iii) with respect to any applicable month such Code is amended by inserting ‘‘OR LIFE (g) REPEAL OF DEADWOOD.— (determined without regard to this clause) is INSURANCE’’ after ‘‘HEALTH BENEFITS’’. (1) Subparagraph (A) of section 420(b)(1) of less than 85 percent, or more than 115 per- (5) Paragraph (1) of section 420(e) of such the Internal Revenue Code of 1986 is amended cent, of the average of the segment rates (de- Code is amended— by striking ‘‘in a taxable year beginning termined on an annual basis by the Sec- (A) by inserting ‘‘and applicable life insur- after December 31, 1990’’. retary of the Treasury) described in such ance benefits’’ in subparagraph (A) after ‘‘ap- (2) Subsection (b) of section 420 of such clause for years in the 10-year period ending plicable health benefits’’, and Code is amended by striking paragraph (4) with September 30 of the calendar year pre- (B) by striking ‘‘HEALTH’’ in the heading and by redesignating paragraph (5), as ceding the calendar year in which the plan thereof. amended by this Act, as paragraph (4). year begins, then the segment rate described (6) Subparagraph (B) of section 420(e)(1) of (3) Paragraph (2) of section 420(b) of such in such clause with respect to the applicable such Code is amended— Code, as amended by this section, is amend- month shall be equal to 85 or 115 percent of (A) in the matter preceding clause (i), by ed— such average, whichever is closest.’’. inserting ‘‘(determined separately for appli- (A) by striking subparagraph (B), and (2) CONFORMING AMENDMENTS.— cable health benefits and applicable life in- (B) by striking ‘‘PER YEAR.—’’ and all that (A) Subparagraph (F) of section 303(h)(2) of surance benefits)’’ after ‘‘shall be reduced by follows through ‘‘No more than’’ and insert- such Act (29 U.S.C. 1083(h)(2)) is amended by the amount’’, ing ‘‘PER YEAR.—No more than’’. inserting ‘‘and the averages determined (B) in clause (i), by inserting ‘‘or applica- (4) Paragraph (2) of section 420(c) of such under subparagraph (C)(iv)’’ after ‘‘subpara- ble life insurance accounts’’ after ‘‘health Code is amended— graph (C)’’. benefit accounts’’, and (A) by striking subparagraph (B), (B) Clauses (ii) and (iii) of section (C) in clause (i), by striking ‘‘qualified cur- (B) by moving subparagraph (A) two ems to 205(g)(3)(B) of such Act (29 U.S.C. rent retiree health liability’’ and inserting the left, and 1055(g)(3)(B)) are each amended by striking ‘‘qualified current retiree liability’’. (C) by striking ‘‘BEFORE TRANSFER.—’’ and ‘‘section 303(h)(2)(C)’’ and inserting ‘‘section (7) The heading for subsection (f) of section all that follows through ‘‘The requirements 303(h)(2)(C) (determined by not taking into 420 of such Code is amended by striking of this paragraph’’ and inserting the fol- account any adjustment under clause (iv) ‘‘HEALTH’’ each place it occurs. lowing: ‘‘BEFORE TRANSFER.—The require- thereof)’’. (8) Subclause (II) of section 420(f)(2)(B)(ii) ments of this paragraph’’. (C) Clause (iv) of section 4006(a)(3)(E) of of such Code is amended by inserting ‘‘or ap- (5) Paragraph (2) of section 420(d) of such such Act (29 U.S.C. 1306(a)(3)(E)) is amended plicable life insurance account, as the case Code is amended by striking ‘‘after Decem- by striking ‘‘section 303(h)(2)(C)’’ and insert- may be,’’ after ‘‘health benefits account’’. ber 31, 1990’’. ing ‘‘section 303(h)(2)(C) (notwithstanding (9) Subclause (III) of section 420(f)(2)(E)(i) (h) EFFECTIVE DATE.— any regulations issued by the corporation, of such Code is amended— (1) IN GENERAL.—The amendments made by determined by not taking into account any (A) by inserting ‘‘defined benefit’’ before this section shall apply to transfers made adjustment under clause (iv) thereof)’’. ‘‘plan maintained by an employer’’, and after the date of the enactment of this Act. (c) EFFECTIVE DATE.—The amendments (B) by inserting ‘‘health’’ before ‘‘benefit (2) CONFORMING AMENDMENTS RELATING TO made by this section shall apply with respect plans maintained by the employer’’. PENSION PROTECTION ACT.—The amendments to plan years beginning after December 31, (10) Paragraphs (4) and (6) of section 420(f) made by subsections (b)(3)(B) and (f) shall 2011. of such Code are each amended by striking take effect as if included in the amendments (d) TRANSFER TO HIGHWAY TRUST FUND.— ‘‘collectively bargained retiree health liabil- made by section 841(a) of the Pension Protec- Subsection (f) of section 9503 of the Internal ities’’ each place it occurs and inserting tion Act of 2006. Revenue Code of 1986, as amended by this ‘‘collectively bargained retiree liabilities’’. SEC. 40312. PENSION FUNDING STABILIZATION. Act, is amended by redesignating paragraph (11) Subparagraph (A) of section 420(f)(6) of (a) AMENDMENTS TO INTERNAL REVENUE (4) as paragraph (5) and by inserting after such Code is amended— CODE OF 1986.— paragraph (3) the following new paragraph: (A) in clauses (i) and (ii), by inserting ‘‘, in (1) IN GENERAL.—Subparagraph (C) of sec- ‘‘(4) ADDITIONAL APPROPRIATION TO FUND.— the case of a transfer to a health benefits ac- tion 430(h)(2) of the Internal Revenue Code of Out of money in the Treasury not otherwise count,’’ before ‘‘his covered spouse and de- 1986 is amended by adding at the end the fol- appropriated, there is hereby appropriated pendents’’, and lowing new clause: $1,588,000,000 to the Highway Trust Fund.’’.

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Mr. MANCHIN (for himself participants in the State, broken down by PROGRAMS.—The Administrator may not and Mr. BLUMENTHAL) submitted an age. withdraw approval of a State program under amendment intended to be proposed by (3) PROGRAM PARTICIPANT RESPONSIBIL- paragraph (3) or (4), or limit Federal finan- him to the bill S. 1813, to reauthorize ITIES.—Each program participant shall— cial assistance for the State program, on the (A) place the sticker distributed pursuant basis that the Administrator disagrees with Federal-aid highway and highway safe- to paragraph (2)(B)(i) in the bottom left cor- the State regarding— ty construction programs, and for ner of the rear window of each vehicle in ‘‘(A) the implementation of any water other purposes; which was ordered to which the program participant anticipates quality standard that has been adopted by lie on the table; as follows: regularly driving or riding; the State and approved by the Administrator At the end of subtitle A of title I of divi- (B) place the completed form distributed under section 303(c); or sion C, add the following: pursuant to paragraph (2)(B)(ii) in the folder ‘‘(B) the implementation of any Federal SEC. 31115. NATIONAL YELLOW DOT PROGRAM. distributed pursuant to paragraph (2)(B)(i); guidance that directs the interpretation of (a) DEFINITIONS.—In this section: and the water quality standards of the State.’’. (1) ADMINISTRATOR.—The term ‘‘Adminis- (C) place the folder with the relevant com- (4) LIMITATION ON AUTHORITY OF ADMINIS- trator’’ means the Administrator of the Na- pleted forms in the glove compartment of TRATOR TO OBJECT TO INDIVIDUAL PERMITS.— tional Highway Traffic Safety Administra- each vehicle in which the program partici- Section 402(d) of the Federal Water Pollution tion of the Department of Transportation. pant anticipates regularly driving or riding. Control Act (33 U.S.C. 1342(d)) is amended by adding at the end the following: (2) COORDINATOR.—The term ‘‘Coordinator’’ Mr. MANCHIN submitted an means the national coordinator of the Yel- SA 1732. ‘‘(5) PROHIBITION ON OBJECTIONS.—The Ad- low Dot Program, who has been so des- amendment intended to be proposed by ministrator may not object under paragraph ignated by the Administrator. him to the bill S. 1813, to reauthorize (2) to the issuance of a permit by a State on (3) PROGRAM PARTICIPANT.—The term ‘‘pro- Federal-aid highway and highway safe- the basis of— gram participant’’ means a person who has ty construction programs, and for ‘‘(A) the interpretation by the Adminis- agreed to participate in the Yellow Dot Pro- other purposes; which was ordered to trator of a water quality standard that has gram. lie on the table; as follows: been adopted by the State and approved by (4) YELLOW DOT PROGRAM.—The term ‘‘Yel- the Administrator under section 303(c); or On page 469, after line 22, add the fol- ‘‘(B) the implementation of any Federal low Dot Program’’ means the Yellow Dot lowing: Program established under subsection (b). guidance that directs the interpretation of SEC. 15ll. POLICIES APPLICABLE TO ECONOMI- the water quality standards of the State.’’. (b) YELLOW DOT PROGRAM.— CALLY SIGNIFICANT ARC ROAD (c) PERMITS FOR DREDGED OR FILL MATE- (1) ESTABLISHMENT.— PROJECTS. RIAL.— (A) IN GENERAL.—The Administrator shall (a) APPLICABILITY OF SECTION.—This sec- establish a national Yellow Dot Program to tion and the amendments made by this sec- (1) AUTHORITY OF EPA ADMINISTRATOR.— assist law enforcement and emergency serv- tion apply to any road project (including a Section 404(c) of the Federal Water Pollution ices personnel to efficiently gather relevant road project under development as of the Control Act (33 U.S.C. 1344(c)) is amended— medical information in the event of a motor date of enactment of this Act) that— (A) by striking ‘‘(c) The Administrator’’ vehicle accident or other medical emergency (1) is carried out within the territory of and inserting the following: involving motor vehicles. the Appalachian Regional Commission; and ‘‘(c) RESTRICTIONS ON DISPOSAL SITES.— ‘‘(1) IN GENERAL.—The Administrator’’; and (B) COORDINATOR.— (2) as determined by each State in which (B) by adding at the end the following: (i) DESIGNATION.—The Administrator shall the road project is located, will have a direct designate a person within the Department of and significant economic impact. ‘‘(2) EXCEPTION.—Paragraph (1) shall not Transportation to serve as Coordinator of (b) STATE WATER QUALITY STANDARDS.— apply to any permit if the State in which the the Yellow Dot Program. (1) STATE WATER QUALITY STANDARDS.—Sec- discharge originates or will originate does (ii) RESPONSIBILITIES.—The Coordinator tion 303(c)(4) of the Federal Water Pollution not concur with the determination of the Ad- shall— Control Act (33 U.S.C. 1313(c)(4)) is amend- ministrator that the discharge will result in (I) provide information, training, and ma- ed— an unacceptable adverse effect as described terials for the Yellow Dot Program to assist (A) by redesignating subparagraphs (A) and in paragraph (1).’’. the State officials designated pursuant to (B) as clauses (i) and (ii), respectively; (2) STATE PERMIT PROGRAMS.—The first sen- subparagraph (C)(ii) in the implementation (B) by striking ‘‘(4)’’ and inserting tence of section 404(g)(1) of the Federal of the Yellow Dot Program; ‘‘(4)(A)’’; Water Pollution Control Act (33 U.S.C. (II) compile national statistics on Yellow (C) in the matter following subparagraph 1344(g)(1)) is amended by striking ‘‘The Gov- Dot Program participation rates, broken (A)(ii) (as redesignated by subparagraphs (A) ernor of any State desiring to administer its down by State and age; and and (B)), by striking ‘‘The Administrator own individual and general permit program (III) collaborate with States that have pro- shall promulgate’’ and inserting the fol- for the discharge’’ and inserting ‘‘The Gov- grams similar to the Yellow Dot Program to lowing: ernor of any State desiring to administer an improve national consistency in training ‘‘(iii) The Administrator shall promul- individual and general State permit program materials, participant forms and informa- gate’’; and for some or all of the discharges’’. tion, and subsequent data collection meth- (D) by adding at the end the following: ods. ‘‘(B) Notwithstanding subparagraph (A)(ii), SA 1733. Mrs. MURRAY (for herself, (C) STATE PARTICIPATION.—Each State that the Administrator may not promulgate a re- Ms. MURKOWSKI, Ms. CANTWELL, Mr. elects to participate in the Yellow Dot Pro- vised or new standard for a pollutant in any BEGICH, Mrs. GILLIBRAND, and Mr. gram shall— case in which the State has submitted to the SCHUMER) submitted an amendment in- (i) notify the Coordinator of such election; Administrator and the Administrator has ap- tended to be proposed by her to the bill (ii) designate a State official to oversee the proved a water quality standard for that pol- S. 1813, to reauthorize Federal-aid Yellow Dot Program throughout the State; lutant, unless the State concurs with the de- highway and highway safety construc- and termination of the Administrator that the tion programs, and for other purposes; (iii) comply with the requirements set revised or new standard is necessary to meet forth in paragraph (2). the requirements of this Act.’’. which was ordered to lie on the table; (2) STATE RESPONSIBILITIES.—Each partici- (2) FEDERAL LICENSES AND PERMITS.—Sec- as follows: pating State shall— tion 401(a) of the Federal Water Pollution At the end of subtitle A of title I, insert (A) work with local law enforcement and Control Act (33 U.S.C. 1341(a)) is amended by the following: emergency services agencies to publicize the adding at the end the following: SEC. lll. CONSTRUCTION OF FERRY BOATS Yellow Dot Program throughout the State; ‘‘(7) NO SUPERSEDING ACTION.—With respect AND FERRY TERMINAL FACILITIES. (B) distribute to program participants— to any discharge, if a State or interstate (a) IN GENERAL.—The repeal of section 147 (i) for each motor vehicle in which the pro- agency having jurisdiction over the navi- of title 23, United States Code, under sub- gram participant anticipates regularly driv- gable waters at the point at which the dis- sections (b) and (c)(1) of section 1516 shall ing or riding, a yellow sticker and a yellow charge originates or will originate deter- have no force or effect. folder; and mines under paragraph (1) that the discharge (b) CONSTRUCTION OF FERRY BOATS AND (ii) for each driver or passenger, a blank will comply with the applicable provisions of FERRY TERMINAL FACILITIES.—Section 147 of form with space to enter medical conditions sections 301, 302, 303, 306, and 307, the Admin- title 23, United States Code, is amended by of, prescriptions taken by, and other vital in- istrator may not take any action to super- striking subsections (c), (d), and (e) and in- formation of the program participant; sede the determination.’’. serting the following: (C) instruct local law enforcement and (3) STATE NPDES PERMIT PROGRAMS.—Sec- ‘‘(c) DISTRIBUTION OF FUNDS.—Of the emergency services personnel about the pur- tion 402(c) of the Federal Water Pollution amounts made available to ferry systems poses and requirements of the Yellow Dot Control Act (42 U.S.C. 1342(c)) is amended by and public entities responsible for developing Program; and adding at the end the following: ferries under this section in a fiscal year, 100 (D) submit an annual report to the Coordi- ‘‘(5) LIMITATION ON AUTHORITY OF ADMINIS- percent shall be allocated in accordance with nator that identifies the number of program TRATOR TO WITHDRAW APPROVAL OF STATE the formula set forth in subsection (d).

VerDate Mar 15 2010 01:58 Mar 08, 2012 Jkt 099060 PO 00000 Frm 00140 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S17FE2.REC S17FE2 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 17, 2012 CONGRESSIONAL RECORD — SENATE S1019 ‘‘(d) FORMULA.—Of the amounts allocated (5) develop energy efficient operating mod- debate on that nomination, the motion pursuant to subsection (c)— els to reduce carbon emissions associated to reconsider be considered made and ‘‘(1) 50 percent shall be allocated among el- with ferry transportation. laid upon the table, with no inter- igible entities in the ratio that— SEC. lll. NATIONAL FERRY DATABASE. vening action or debate, and that there ‘‘(A) the number of ferry passengers car- Section 1801(e) of the Safe, Accountable, ried by each ferry system in the most recent be no further motions in order; that Flexible, Efficient Transportation Equity any related statements be printed in fiscal year; bears to Act: A Legacy for Users (23 U.S.C. 129 note; ‘‘(B) the number of ferry passengers carried Public Law 109 59) is amended— the Record; that the President be im- by all ferry systems in the most recent fiscal (1) in paragraph (2), by inserting ‘‘, includ- mediately notified of the Senate’s ac- year; ing any Federal, State, and local government tion, and the Senate then resume legis- ‘‘(2) 25 percent shall be allocated among el- funding sources,’’ after ‘‘sources’’; and lative session. igible entities in the ratio that— (2) in paragraph (4)— The PRESIDING OFFICER. Is there ‘‘(A) the number of vehicles carried by (A) in subparagraph (B), by striking ‘‘and’’ each ferry system in the most recent fiscal objection? at the end; Without objection, it is so ordered. year; bears to (B) by redesignating subparagraph (C) as ‘‘(B) the number of vehicles carried by all f subparagraph (D); ferry systems in the most recent fiscal year; (C) by inserting after subparagraph (B), the RECOGNIZING THE 2012 WORLD and following: ‘‘(3) 25 percent shall be allocated among el- CHOIR GAMES ‘‘(C) ensure that the database is consistent igible entities in the ratio that— with the national transit database main- Mr. REID. Mr. President, I ask unan- ‘‘(A) the total route miles serviced by each tained by the Federal Transit Administra- imous consent that the Foreign Rela- ferry system; bears to tion; and’’; and tions Committee be discharged from ‘‘(B) the total route miles serviced by all (D) in subparagraph (D) (as redesignated by further action on S. Res. 325. ferry systems. The PRESIDING OFFICER. Without ‘‘(e) FUNDING.— subparagraph (B)), by striking ‘‘2009’’ and in- ‘‘(1) IN GENERAL.—There is authorized to be serting ‘‘2018’’. objection, it is so ordered. appropriated from the Highway Trust Fund The clerk will report the resolution (other than the Mass Transit Account) SA 1734. Mr. NELSON of Florida sub- by title. $100,000,000 for each of the fiscal years 2012 mitted an amendment intended to be The legislative clerk read as follows: through 2013 to carry out this section. proposed by him to the bill S. 1813, to A resolution (S. Res. 325) recognizing the ‘‘(2) PERIOD OF AVAILABILITY.—Notwith- reauthorize Federal-aid highway and 2012 World Choir Games in Cincinnati, Ohio, standing section 118(b), amounts apportioned highway safety construction programs, as a global event of cultural significance to to carry out this section shall remain avail- and for other purposes; which was or- the United States and expressing support for able until expended.’’. dered to lie on the table; as follows: designation of July 2012 as World Choir SEC. lll. ELIGIBILITY OF FERRIES FOR CLEAN Games Month in the United States. On page 134, between lines 7 and 8, insert FUELS GRANT PROGRAM. There being no objection, the Senate Section 5308 of title 49, United States Code, the following: is amended— ‘‘(3) OLDER DRIVERS.—If the fatality and se- proceeded to consider the resolution. (1) in subsection (a)(2)— rious injury rates for drivers and pedestrians Mr. REID. I ask unanimous consent (A) in clause (i), by inserting ‘‘, or ferries’’ over the age of 65 in a State increases during that the resolution be agreed to, the before the semicolon at the end; and the most recent 2-year period for which data preamble be agreed to, and the motions (B) in clause (iii), by inserting ‘‘or ferries’’ are available, that State shall be required to to reconsider be laid upon the table. before the semicolon at the end; and file a corrective action based on the rec- The PRESIDING OFFICER. Without (2) in subsection (c)— ommendations included in the publication of objection, it is so ordered. (A) in the subsection heading, by inserting the Federal Highway Administration enti- The resolution (S. Res. 325) was ‘‘AND FERRIES’’ after ‘‘BUSES’’; and tled ‘Highway Design Handbook for Older agreed to. (B) by inserting ‘‘or ferries’’ before the pe- Drivers and Pedestrians’ (FHWA-RD-01-103), The preamble was agreed to. riod at the end. and dated May 2001, or any version of that The resolution, with its preamble, publication that is revised and updated pur- SEC. lll. FERRY JOINT PROGRAM OFFICE. reads as follows: (a) ESTABLISHMENT AND PURPOSE.— suant to section 103. (1) ESTABLISHMENT.—The Secretary shall S. RES. 325 establish within the Department of Trans- SA 1735. Mr. NELSON of Florida sub- Whereas the World Choir Games, the larg- portation a Ferry Joint Program Office (re- mitted an amendment intended to be est choral competition in the world, takes ferred to in this section as the ‘‘Office’’) for proposed by him to the bill S. 1813, to place every 2 years, is known as the ‘‘Olym- the purposes described in paragraph (2). reauthorize Federal-aid highway and pics of choral music’’, and has the goal of (2) PURPOSES.—The purposes of the Office highway safety construction programs, uniting people from all countries through shall be— singing in peaceful competition; (A) to coordinate Federal programs affect- and for other purposes; which was or- Whereas, from July 4 through July 14, 2012, ing ferry and ferry facility construction, dered to lie on the table; as follows: Cincinnati, Ohio, will be first city in the maintenance, operations, and security; and On page 469, after line 22, add the fol- United States to host the World Choir (B) to promote transportation by ferry as a lowing: Games; component of the United States transpor- SEC. 15ll. MILITARY FACILITIES LOCATED ON Whereas the Seventh World Choir Games tation system. EVACUATION ROUTES. are expected to include more than 400 choirs (b) FUNCTIONS.—The head of the Office Each State shall give priority consider- from more than 70 countries, 20,000 official shall— ation to improvements to evacuation routes participants, including performers, event of- (1) coordinate programs related to ferry and to the transportation needs of facilities ficials, delegations, and international jury transportation carried out by— operated by the armed forces (as defined in members, and up to 200,000 spectators; (A) the Department of Transportation, in- section 101(a) of title 10, United States Code) Whereas choirs will compete in 23 different cluding programs carried out by the Federal located on or adjacent to evacuation routes musical genres evaluated by an impartial Highway Administration, the Federal Tran- when allocating funds apportioned to the international jury of choral music experts; sit Administration, the Maritime Adminis- State under title 23, United States Code, for Whereas the genres of barbershop and show tration, and the Research and Innovative the construction of Federal-aid highways. choir will be added as competition categories Technology Administration; for the first time in recognition of their pop- f (B) the Department of Homeland Security; ularity in the United States; and UNANIMOUS CONSENT AGREE- Whereas the uniting of the people of the (C) other Federal and State agencies, as MENT—EXECUTIVE CALENDAR world through singing in peaceful competi- appropriate; tion in the United States in 2012 affirms the (2) ensure resource accountability for pro- Mr. REID. Mr. President, I ask unan- commitment of the United States to global grams carried out by the Secretary related imous consent that on Monday, Feb- cultural awareness, understanding, and ap- to ferry transportation; ruary 27, 2012, at 4:30 p.m., the Senate preciation; and (3) provide strategic leadership for re- proceed to executive session to con- Whereas it is appropriate to designate July search, development, testing, and deploy- sider the following nomination: Cal- 2012 as World Choir Games Month in the ment of technologies related to ferry trans- endar No. 409; that there be 60 minutes United States: Now, therefore, be it portation; Resolved, That the Senate— (4) promote ferry transportation as a for debate equally divided in the usual (1) recognizes the global significance of the means to reduce social, economic, and envi- form; that upon the use or yielding Seventh World Choir Games to be hosted in ronmental costs associated with traffic con- back of that time, the Senate proceed Cincinnati, Ohio, from July 4 through July gestion; and to vote without intervening action or 14, 2012;

VerDate Mar 15 2010 01:58 Mar 08, 2012 Jkt 099060 PO 00000 Frm 00141 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S17FE2.REC S17FE2 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1020 CONGRESSIONAL RECORD — SENATE February 17, 2012 (2) recognizes Interkultur, the Cincinnati I ask unanimous consent the action Whereas, on December 1, 2011, the Depart- Organizing Committee for the Seventh World just taken be vitiated. ment of the Treasury designated 2 individ- Choir Games, the Cincinnati USA Conven- The PRESIDING OFFICER. Without uals, Aus Aslan and Muhammad Makhluf, tion and Visitors Bureau, the city of Cin- objection, it is so ordered. under Executive Order 13573 and 2 entities, cinnati, and the State of Ohio for their ef- Mr. REID. We are still on that mat- the Military Housing Establishment and the forts to secure and host the World Choir ter; is that correct? Real Estate Bank of Syria, under Executive Games; The PRESIDING OFFICER. We are Order 13582; (3) expresses appreciation to all people of Whereas, on May 6, 2011, the European the world who will participate in the World still on that matter. The question is on agreeing to the Union’s 27 countries imposed sanctions on Choir Games, either in competition or as the Government of Syria for the human visitors, and to all of the volunteers who will resolution and its preamble. rights abuses, including asset freezes and welcome the participants and other visitors The resolution (S. Res. 379) was visa bans on members of the Government of to the United States; agreed to. Syria and an arms embargo on the country; (4) supports the designation of July 2012 as The preamble was agreed to. Whereas, on November 12, 2011, the League World Choir Games Month in the United The resolution, with its preamble, of Arab States voted to suspend Syria’s States; and reads as follows: membership in the organization; (5) renews the commitment of the United S. RES. 379 Whereas, on December 2, 2011, the United States to world peace and friendship and in- Whereas the Syrian Arab Republic is a Nations Human Rights Council passed Reso- creasing global cultural understanding lution S-18/1, which deplores the human through singing in peaceful competition. party to the International Covenant on Civil and Political Rights (ICCPR), adopted at rights situation in Syria, commends the f New York December 16, 1966, the United Na- League of Arab States, and supports imple- tions Convention Against Torture and Other mentation of its Plan of Action; CONDEMNING VIOLENCE BY THE Whereas the League of Arab States ap- GOVERNMENT OF SYRIA Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, proved and implemented a plan of action to AGAINST THE SYRIAN PEOPLE 1984; send a team of international monitors to Mr. REID. Mr. President, I ask unan- Whereas Syria voted in favor of the Uni- Syria, which began December 26, 2011; imous consent that the Senate proceed versal Declaration of Human Rights, adopted Whereas, on January 28, 2012, the League of to the consideration of Calendar No. at Paris, December 10, 1948; Arab States decided to suspend its inter- national monitoring mission due to esca- 325, S. Res. 379. Whereas, in March 2011, peaceful dem- lating violence within Syria; The PRESIDING OFFICER. The onstrations in Syria began against the au- thoritarian rule of Bashar al-Assad; Whereas, on February 4, 2012, the Russian clerk will report the resolution by Whereas, in response to the demonstra- Federation and People’s Republic of China title. tions, the Government of Syria launched a vetoed a United Nations Security Council The legislative clerk read as follows: brutal crackdown, which has resulted in Resolution in support of the League of Arab A resolution (S. Res. 379) condemning vio- gross human rights violations, use of force States’ Plan of Action; lence by the Government of Syria against against civilians, torture, extrajudicial Whereas, on February 14, 2012, General the Syrian people. killings, arbitrary executions, sexual vio- Martin Dempsey, Chairman of the Joint There being no objection, the Senate lence, and interference with access to med- Chiefs of Staff, testified before the Com- proceeded to consider the resolution. ical treatment; mittee on Armed Services of the Senate that Whereas the United Nations, as of January Syria ‘‘is a much different situation than we Mr. REID. I ask unanimous consent 25, 2012, estimated that more than 5,400 peo- that the resolution be agreed to, the collectively saw in Libya,’’ presenting a ple in Syria have been killed since the vio- ‘‘very different challenge’’ in which ‘‘we also preamble be agreed to, the motions to lence began in March 2011; know that other regional actors are pro- reconsider be laid upon the table, with Whereas, on February 4, 2012, President viding support’’ as a part of a ‘‘Sunni major- no intervening action or debate, and Barack Obama stated that President Bashar ity rebelling against an oppressive Alawite- any statements relating to this matter al-Assad ‘‘has no right to lead Syria, and has Shia regime’’; be printed in the RECORD. lost all legitimacy with his people and the Whereas the Governments of the Russian The PRESIDING OFFICER. Without international community’’; Federation and the Islamic Republic of Iran Whereas the Department of State has re- objection, it is so ordered. remain major suppliers of military equip- peatedly condemned the Government of Syr- ment to the Government of Syria notwith- f ia’s crackdown on its people, including on standing that government’s violent repres- APPOINTMENT AUTHORITY January 30, 2012, when Secretary of State sion of demonstrators; Hillary Clinton stated ‘‘The status quo is Mr. REID. Mr. President, I ask unan- Whereas the gross human rights violations unsustainable . . . The longer the Assad re- perpetuated by the Government of Syria imous consent that notwithstanding gime continues its attacks on the Syrian against the people of Syria represent a grave people and stands in the way of a peaceful the upcoming recess or adjournment of risk to regional peace and stability; and transition, the greater the concern that in- the Senate, the President of the Sen- Whereas the Committee on Foreign Rela- stability will escalate and spill over ate, the President pro tempore, and the tions of the Senate will immediately sched- throughout the region.’’; majority and minority leaders be au- ule a hearing to take place as soon as the Whereas President Obama, on April 29, Senate reconvenes to assess the situation in thorized to make appointments to com- 2011, designated 3 individuals subject to sanc- Syria and all the international options avail- missions, committees, boards, con- tions for humans rights abuses in Syria: able to address this crisis: Now, therefore, be ferences or interparliamentary con- Mahir al-Assad, the brother of Syrian Presi- it ferences authorized by law, by concur- dent Bashar al-Assad and brigade com- rent action of the two Houses or by mander in the Syrian Army’s 4th Armored Resolved, That the Senate— order of the Senate. Division; Atif Najib, the former head of the (1) strongly condemns the Government of The PRESIDING OFFICER. Without Political Security Directorate for Daraa Syria’s brutal and unjustifiable use of force objection, it is so ordered. Province and a cousin of Bashar al-Assad; against civilians, including unarmed women and Ali Mamluk, director of Syria’s General and children and its violations of the funda- f Intelligence Directorate; mental human rights and dignity of the peo- SIGNING AUTHORITY Whereas, on May 18, 2011, President Obama ple of Syria; issued an executive order sanctioning senior (2) expresses its solidarity with the people Mr. REID. I ask unanimous consent officials of the Syrian Arab Republic and of Syria, who have exhibited remarkable that from Friday, February 17, through their supporters, specifically designating 7 courage and determination in the face of un- Monday, February 27, 2012, the major- people: President Bashar al-Assad, Vice speakable violence to rid themselves of a ity leader be authorized to sign duly President Farouk al-Shara, Prime Minister brutal dictatorship; enrolled bills or joint resolutions. Adel Safar, Minister of the Interior Moham- (3) expresses strong disappointment with The PRESIDING OFFICER. Without mad Ibrahim al-Shaar, Minister of Defense the Governments of the Russian Federation objection, it is so ordered. Ali Habib Mahmoud, Head of Syrian Military and the People’s Republic of China for their Intelligence Abdul Fatah Qudsiya, and Direc- veto of the United Nations Security Council f tor of Political Security Directorate Moham- resolution condemning Bashar al-Assad and CONDEMNING VIOLENCE BY THE med Dib Zaitoun; the violence in Syria and urges them to re- GOVERNMENT OF SYRIA Whereas President Obama, on August 17, consider their votes; AGAINST THE SYRIAN PEOPLE 2011, issued Executive Order 13582, blocking (4) encourages the members of the United property of the Government of Syria and Nations Security Council to continue to pur- Mr. REID. Mr. President, if we could prohibiting certain transactions with respect sue a resolution in support of a political so- return to Calendar No. 325, S. Res. 379, to Syria; lution to the crisis in Syria;

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(5) commends the League of Arab States’ DEPARTMENT OF STATE To be major general efforts to bring about a peaceful resolution MARK A. PEKALA, OF MARYLAND, A CAREER MEMBER BRIGADIER GENERAL GARY M. BATINICH in Syria; OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- BRIGADIER GENERAL RICHARD S. HADDAD (6) regrets that the League of Arab States COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND BRIGADIER GENERAL ROBERT M. HAIRE PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA BRIGADIER GENERAL MICHAEL D. KIM observer mission was not able to monitor the TO THE REPUBLIC OF LATVIA. BRIGADIER GENERAL MARK A. KYLE full implementation of the League of Arab RICHARD B. NORLAND, OF IOWA, A CAREER MEMBER OF BRIGADIER GENERAL KEVIN E. POTTINGER States’ Action Plan of November 2, 2011, due THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- BRIGADIER GENERAL ROBERT D. REGO to the escalating violence in Syria; and COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND BRIGADIER GENERAL GEORGE F. WILLIAMS PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT (7) urges the international community to TO GEORGIA. IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDI- review legal processes available to hold offi- JEFFREY D. LEVINE, OF CALIFORNIA, A CAREER MEM- CATED UNDER TITLE 10, U.S.C., SECTION 12203: BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- cials of the Government of Syria accountable ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- To be brigadier general for crimes against humanity and gross viola- DINARY AND PLENIPOTENTIARY OF THE UNITED STATES COLONEL JEFFREY K. BARNSON OF AMERICA TO THE REPUBLIC OF ESTONIA. tions of human rights. COLONEL ABEL BARRIENTES MAKILA JAMES, OF THE DISTRICT OF COLUMBIA, A CA- COLONEL KIMBERLY A. CRIDER REER MEMBER OF THE SENIOR FOREIGN SERVICE, f COLONEL THERON G. DAVIS CLASS OF COUNSELOR, TO BE AMBASSADOR EXTRAOR- COLONEL CHRISTOPHER L. EDDY DINARY AND PLENIPOTENTIARY OF THE UNITED STATES ORDERS FOR TUESDAY, FEB- COLONEL LYMAN L. EDWARDS OF AMERICA TO THE KINGDOM OF SWAZILAND. COLONEL JOHN C. FLOURNOY, JR. RUARY 21 THROUGH MONDAY, CARLOS PASCUAL, OF THE DISTRICT OF COLUMBIA, TO COLONEL KATHRYN J. JOHNSON BE AN ASSISTANT SECRETARY OF STATE (ENERGY RE- FEBRUARY 27, 2012 COLONEL KENNETH D. LEWIS, JR. SOURCES), VICE JOHN STERN WOLF. COLONEL VINCENT M. MANCUSO Mr. REID. I ask unanimous consent DEPARTMENT OF LABOR COLONEL UDO K. MCGREGOR that when the Senate completes its COLONEL ERIC S. OVERTURF ERICA LYNN GROSHEN, OF NEW YORK, TO BE COMMIS- COLONEL KAREN A. RIZZUTI business for the day, it adjourn until SIONER OF LABOR STATISTICS, DEPARTMENT OF LABOR, COLONEL VINCENT M. SARONI FOR A TERM OF FOUR YEARS, VICE KEITH HALL, TERM COLONEL JAMES P. SCANLAN Tuesday, February 21, at 12 p.m., and EXPIRED. convene for a pro forma session only THE FOLLOWING NAMED OFFICER FOR APPOINTMENT f IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- with no business conducted and that CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE following the pro forma session the CONFIRMATIONS AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: Senate adjourn until Friday, February Executive nominations confirmed by To be lieutenant general 24, at 11 a.m. and convene for a pro the Senate February 17, 2012: forma session only with no business MAJ. GEN. CRAIG A. FRANKLIN THE JUDICIARY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT conducted, and that following the pro JESSE M. FURMAN, OF NEW YORK, TO BE UNITED IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- forma session, the Senate adjourn until STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE OF NEW YORK. AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 2 p.m., on Monday, February 27; that 601: IN THE NAVY following the prayer and pledge, the To be lieutenant general Journal of proceedings be approved to THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES NAVY TO THE GRADE INDICATED LT. GEN. STEPHEN P. MUELLER date, the morning hour be deemed ex- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED pired, and the time for the two leaders RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: STATES OFFICER FOR APPOINTMENT IN THE RESERVE To be admiral OF THE AIR FORCE TO THE GRADE INDICATED UNDER be reserved for their use later in the TITLE 10, U.S.C., SECTIONS 12203 AND 12212: day; that Senator SHAHEEN be recog- ADM. SAMUEL J. LOCKLEAR III To be brigadier general IN THE AIR FORCE nized to deliver Washington’s Farewell COL. ROBERT T. BROOKS, JR. Address; further, that upon the conclu- THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED IN THE ARMY sion of the reading, the Senate be in STATES OFFICER FOR APPOINTMENT IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDICATED UNDER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT morning business until 4:30 p.m., with TITLE 10, U.S.C., SECTIONS 12203 AND 12212: IN THE UNITED STATES ARMY TO THE GRADE INDICATED Senators permitted to speak for up to To be brigadier general UNDER TITLE 10, U.S.C., SECTION 624: To be brigadier general 10 minutes each. COL. MICHAEL A. MEYER The PRESIDING OFFICER. Without THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COL. SUSAN A. DAVIDSON objection, it is so ordered. IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE TO THE GRADE INDICATED IN THE UNITED STATES ARMY f AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION UNDER TITLE 10, U.S.C., SECTION 624: 601: To be brigadier general PROGRAM To be lieutenant general COLONEL JON S. LEHR Mr. REID. Following that morning LT. GEN. MICHAEL J. BASLA COLONEL TIMOTHY P. MCGUIRE business, the Senate will proceed to ex- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COLONEL BURDETT K. THOMPSON IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- THE FOLLOWING ARMY NATIONAL GUARD OF THE ecutive session under the previous CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- order. AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION SERVE OF THE ARMY TO THE GRADE INDICATED UNDER The next rollcall vote, then, will be 601: TITLE 10, U.S.C., SECTIONS 12203 AND 12211: at 5:30 p.m., on Monday, February 27, To be lieutenant general To be brigadier general on the Brodie nomination. MAJ. GEN. JOHN E. HYTEN COL. WENDUL G. HAGLER II THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT f IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- IN THE UNITED STATES ARMY TO THE GRADE INDICATED CATED UNDER TITLE 10, U.S.C., SECTION 624: WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND ADJOURNMENT UNTIL TUESDAY, To be brigadier general RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: FEBRUARY 21, 2012 To be lieutenant general COL. SEAN L. MURPHY Mr. REID. If there is no further busi- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MAJ. GEN. DANIEL B. ALLYN IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ness to come before the Senate, I ask CATED UNDER TITLE 10, U.S.C., SECTION 624: IN THE RESERVE OF THE ARMY TO THE GRADE INDI- unanimous consent the Senate adjourn To be brigadier general CATED UNDER TITLE 10, U.S.C., SECTION 12203: under the previous order. To be major general COL. CHARLES E. POTTER There being no objection, the Senate, THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BRIG. GEN. LESLIE A. PURSER at 2:27 p.m., adjourned until Tuesday, IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDI- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT February 21, 2012, at 12 noon. CATED UNDER TITLE 10, U.S.C., SECTION 12203: IN THE RESERVE OF THE ARMY TO THE GRADE INDI- To be brigadier general CATED UNDER TITLE 10, U.S.C., SECTION 12203: f To be brigadier general COL. HARRIS J. KLINE NOMINATIONS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COL. MARY E. LINK IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDI- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT Executive nominations received by CATED UNDER TITLE 10, U.S.C., SECTION 12203: IN THE UNITED STATES ARMY TO THE GRADE INDICATED the Senate: To be brigadier general UNDER TITLE 10, U.S.C., SECTIONS 156 AND 3064: To be brigadier general, judge advocate MISSISSIPPI RIVER COMMISSION COL. RICHARD M. ERIKSON general’s corps MAJOR GENERAL JOHN PEABODY, UNITED STATES THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ARMY, TO BE A MEMBER AND PRESIDENT OF THE MIS- IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDI- COL. RICHARD C. GROSS SISSIPPI RIVER COMMISSION. CATED UNDER TITLE 10, U.S.C., SECTION 12203: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be major general IN THE UNITED STATES ARMY TO THE GRADE INDICATED TENNESSEE VALLEY AUTHORITY WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND C. PETER MAHURIN, OF KENTUCKY, TO BE A MEMBER BRIG. GEN. ROBERT G. KENNY RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: OF THE BOARD OF DIRECTORS OF THE TENNESSEE VAL- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT To be lieutenant general LEY AUTHORITY FOR A TERM EXPIRING MAY 18, 2016, IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDI- VICE ROBERT M. DUNCAN, TERM EXPIRED. CATED UNDER TITLE 10, U.S.C., SECTION 12203: LT. GEN. CURTIS M. SCAPARROTTI

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THE FOLLOWING ARMY NATIONAL GUARD OF THE IN THE MARINE CORPS AND APPEARED IN THE CONGRESSIONAL RECORD ON UNITED STATES OFFICERS FOR APPOINTMENT IN THE JANUARY 31, 2012. RESERVE OF THE ARMY TO THE GRADE INDICATED THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT AIR FORCE NOMINATIONS BEGINNING WITH PATRICK UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: IN THE UNITED STATES MARINE CORPS TO THE GRADE MICHAEL CARPENTER AND ENDING WITH KEVIN N. INDICATED UNDER TITLE 10, U.S.C., SECTION 624: SMITH, WHICH NOMINATIONS WERE RECEIVED BY THE To be brigadier general SENATE AND APPEARED IN THE CONGRESSIONAL To be major general RECORD ON JANUARY 31, 2012. COLONEL PATRICIA M. ANSLOW AIR FORCE NOMINATIONS BEGINNING WITH JOSEPH J. COLONEL JOSE R. ATENCIO III BRIGADIER GENERAL STEVEN W. BUSBY ALBANO AND ENDING WITH RICHARD J. TIPTON, WHICH COLONEL WILLIAM E. BARTHELD BRIGADIER GENERAL MICHAEL G. DANA NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- COLONEL JEFFREY M. BREOR BRIGADIER GENERAL WILLIAM M. FAULKNER PEARED IN THE CONGRESSIONAL RECORD ON JANUARY COLONEL MICHAEL R. BRESNAHAN BRIGADIER GENERAL WALTER L. MILLER, JR. 31, 2012. COLONEL JOHN A. BYRD BRIGADIER GENERAL JOSEPH L. OSTERMAN COLONEL SYLVESTER CANNON BRIGADIER GENERAL CHRISTOPHER S. OWENS AIR FORCE NOMINATIONS BEGINNING WITH MICHAEL A. COLONEL WILLIAM J. COFFIN BRIGADIER GENERAL GREGG A. STURDEVANT BATTLE AND ENDING WITH DAVID W. TOOKER, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- COLONEL BENJAMIN J. CORELL IN THE NAVY COLONEL KURT S. CRYTZER PEARED IN THE CONGRESSIONAL RECORD ON JANUARY COLONEL RONALD J. CZMOWSKI THE FOLLOWING NAMED OFFICER FOR APPOINTMENT 31, 2012. COLONEL REX E. DUNCAN IN THE UNITED STATES NAVY TO THE GRADE INDICATED AIR FORCE NOMINATIONS BEGINNING WITH ANN E. AL- COLONEL GERALD L. DUNLAP WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND EXANDER AND ENDING WITH DAVID L. WELLS, WHICH COLONEL JOHN M. EPPERLY RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- COLONEL JAMES C. ERNST PEARED IN THE CONGRESSIONAL RECORD ON JANUARY COLONEL JOHN A. GOODALE To be admiral 31, 2012. AIR FORCE NOMINATIONS BEGINNING WITH BRENDA K. COLONEL TIMOTHY E. GOWEN VICE ADM. BRUCE W. CLINGAN COLONEL PAUL C. HASTINGS AMES AND ENDING WITH JOSEPH A. WENSZELL, WHICH COLONEL PERCY G. HURTADO II THE FOLLOWING NAMED OFFICER FOR APPOINTMENT NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- COLONEL JON A. JENSEN IN THE UNITED STATES NAVY TO THE GRADE INDICATED PEARED IN THE CONGRESSIONAL RECORD ON JANUARY COLONEL CRAIG D. JOHNSON WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND 31, 2012. COLONEL MARIA E. KELLY RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: AIR FORCE NOMINATIONS BEGINNING WITH JAVIER A. COLONEL ERIC D. KERSKA To be vice admiral ABREU AND ENDING WITH MARK A. WEISKIRCHER, WHICH COLONEL KENNETH A. KOON NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- COLONEL WILLIAM J. LIEDER REAR ADM. JOHN W. MILLER PEARED IN THE CONGRESSIONAL RECORD ON JANUARY 31, 2012. COLONEL ROY V. MCCARTY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AIR FORCE NOMINATIONS BEGINNING WITH CARL P. COLONEL FRANKLIN C. MCCAULEY, JR. IN THE UNITED STATES NAVY TO THE GRADE INDICATED BHEND AND ENDING WITH ALLYSON M. YAMAKI, WHICH COLONEL DARLENE A. MCCURDY WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- COLONEL DAVID J. MEDEIROS RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: COLONEL WALTER L. MERCER PEARED IN THE CONGRESSIONAL RECORD ON JANUARY COLONEL ALLEN L. MEYER To be vice admiral 31, 2012. COLONEL MARK J. MICHIE AIR FORCE NOMINATIONS BEGINNING WITH BROADUS COLONEL RICHARD G. MILLER REAR ADM. PHILIP H. CULLOM Z. ATKINS AND ENDING WITH KENNETH C. Y. YU, WHICH COLONEL ROBERT A. MOORE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- COLONEL JOHN R. MOSHER IN THE UNITED STATES NAVY TO THE GRADE INDICATED PEARED IN THE CONGRESSIONAL RECORD ON JANUARY COLONEL DAVID W. OSBORN WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND 31, 2012. COLONEL PHILLIP M. OWENS RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: AIR FORCE NOMINATIONS BEGINNING WITH STEVEN J. COLONEL GREGORY C. PORTER ACEVEDO AND ENDING WITH HEATHER L. YUN, WHICH COLONEL VON C. PRESNELL To be vice admiral NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- PEARED IN THE CONGRESSIONAL RECORD ON JANUARY COLONEL PHILIP T. PUGLIESE REAR ADM. CHARLES W. MARTOGLIO COLONEL JESSIE R. ROBINSON 31, 2012. COLONEL PAUL F. RUSSELL THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AIR FORCE NOMINATIONS BEGINNING WITH CARA A. COLONEL TRACY L. SETTLE IN THE UNITED STATES NAVY TO THE GRADE INDICATED AGHAJANIAN AND ENDING WITH MICHAEL A. ZACCARDO, COLONEL DAVID P. SHERIDAN WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND WHICH NOMINATIONS WERE RECEIVED BY THE SENATE COLONEL HOPPER T. SMITH RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: AND APPEARED IN THE CONGRESSIONAL RECORD ON COLONEL MICHAEL D. TURELLO To be vice admiral JANUARY 31, 2012. COLONEL DANIEL VAZQUEZ-ROSA AIR FORCE NOMINATIONS BEGINNING WITH MUDASIR COLONEL TIMOTHY J. WOJTECKI VICE ADM. WILLIAM R. BURKE A. ABRO AND ENDING WITH SHAUNA C. ZORICH, WHICH COLONEL MICHAEL R. ZERBONIA NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- FOREIGN SERVICE PEARED IN THE CONGRESSIONAL RECORD ON JANUARY THE FOLLOWING ARMY NATIONAL GUARD OF THE 31, 2012. UNITED STATES OFFICERS FOR APPOINTMENT IN THE FOREIGN SERVICE NOMINATIONS BEGINNING WITH AIR FORCE NOMINATION OF OSCAR FONSECA, TO BE RESERVE OF THE ARMY TO THE GRADE INDICATED JAMES A. BEVER AND ENDING WITH JOHN MARK WIN- MAJOR. UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: FIELD, WHICH NOMINATIONS WERE RECEIVED BY THE AIR FORCE NOMINATIONS BEGINNING WITH THOMAS G. SENATE AND APPEARED IN THE CONGRESSIONAL DUFFETT AND ENDING WITH THOMAS S. GARRIDO, WHICH To be major general RECORD ON OCTOBER 12, 2011. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- FOREIGN SERVICE NOMINATIONS BEGINNING WITH BRIGADIER GENERAL ROBBIE L. ASHER PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY JASON P. JEFFREYS AND ENDING WITH COURTNEY J. BRIGADIER GENERAL GLENN A. BRAMHALL 1, 2012. WOODS, WHICH NOMINATIONS WERE RECEIVED BY THE BRIGADIER GENERAL SCOTT E. CHAMBERS AIR FORCE NOMINATION OF MICHAEL W. PAULUS, TO SENATE AND APPEARED IN THE CONGRESSIONAL BRIGADIER GENERAL ALAN S. DOHRMANN BE MAJOR. RECORD ON NOVEMBER 8, 2011. BRIGADIER GENERAL STEVEN W. DUFF AIR FORCE NOMINATION OF BENJAMIN G. HUGHES, TO FOREIGN SERVICE NOMINATIONS BEGINNING WITH BRIGADIER GENERAL WILLIAM L. GLASGOW BE MAJOR. RONALD P. VERDONK AND ENDING WITH BRUCE J. ZANIN, BRIGADIER GENERAL WILTON S. GORSKE AIR FORCE NOMINATIONS BEGINNING WITH MICHELLE WHICH NOMINATIONS WERE RECEIVED BY THE SENATE BRIGADIER GENERAL LAWRENCE A. HASKINS S. FLORES AND ENDING WITH MOLLY F. GEORGE, WHICH AND APPEARED IN THE CONGRESSIONAL RECORD ON DE- BRIGADIER GENERAL PETER C. HINZ NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- CEMBER 15, 2011. BRIGADIER GENERAL DAVID F. IRWIN PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY BRIGADIER GENERAL THEODORE D. JOHNSON IN THE AIR FORCE 1, 2012. BRIGADIER GENERAL HARRY E. MILLER, JR. AIR FORCE NOMINATIONS BEGINNING WITH AMORY S. BRIGADIER GENERAL RENWICK L. PAYNE AIR FORCE NOMINATIONS BEGINNING WITH KIRK W. BALUCATING AND ENDING WITH RAMOTHEA L. WEB- BRIGADIER GENERAL JOSEPH M. RICHIE ALBERTSON AND ENDING WITH MARSHA M. YASUDA, STER, WHICH NOMINATIONS WERE RECEIVED BY THE BRIGADIER GENERAL JAMES M. ROBINSON WHICH NOMINATIONS WERE RECEIVED BY THE SENATE SENATE AND APPEARED IN THE CONGRESSIONAL BRIGADIER GENERAL STEPHEN G. SANDERS AND APPEARED IN THE CONGRESSIONAL RECORD ON NO- RECORD ON FEBRUARY 1, 2012. BRIGADIER GENERAL MICHAEL C. SWEZEY VEMBER 1, 2011. AIR FORCE NOMINATIONS BEGINNING WITH DARRIN L. BRIGADIER GENERAL SCOTT L. THOELE AIR FORCE NOMINATIONS BEGINNING WITH DAVID M. BARRITT AND ENDING WITH KLIS T. ZANNIS, WHICH BRIGADIER GENERAL JAMES H. TROGDON III BARNS AND ENDING WITH ERIC L. WHITMORE, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- BRIGADIER GENERAL CHARLES W. WHITTINGTON, JR. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY PEARED IN THE CONGRESSIONAL RECORD ON NOVEMBER 1, 2012. THE FOLLOWING ARMY NATIONAL GUARD OF THE 1, 2011. UNITED STATES OFFICERS FOR APPOINTMENT IN THE AIR FORCE NOMINATIONS BEGINNING WITH BARBARA RESERVE OF THE ARMY TO THE GRADE INDICATED IN THE ARMY B. ACEVEDO AND ENDING WITH CHRISTY LYNN ZAHN, UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: WHICH NOMINATIONS WERE RECEIVED BY THE SENATE ARMY NOMINATION OF JUDITH M. DICKERT, TO BE To be brigadier general AND APPEARED IN THE CONGRESSIONAL RECORD ON NO- COLONEL. VEMBER 1, 2011. ARMY NOMINATION OF HAZEL P. HAYNES, TO BE COLO- COLONEL JOHN C. HARRIS, JR. AIR FORCE NOMINATIONS BEGINNING WITH CLINTON E. NEL. COLONEL GREGORY D. MASON ABELL AND ENDING WITH STEPHEN P. WOLF, WHICH ARMY NOMINATION OF LARISSA G. COON, TO BE COLONEL DANA L. MCDANIEL NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- MAJOR. PEARED IN THE CONGRESSIONAL RECORD ON NOVEMBER ARMY NOMINATIONS BEGINNING WITH STEFANIE D. THE FOLLOWING ARMY NATIONAL GUARD OF THE 1, 2011. LAST AND ENDING WITH TIMOTHY R. TOLBERT, WHICH UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- AIR FORCE NOMINATIONS BEGINNING WITH JOHN P. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- SERVE OF THE ARMY TO THE GRADE INDICATED UNDER DITTER AND ENDING WITH STEVEN E. WEST, WHICH PEARED IN THE CONGRESSIONAL RECORD ON JANUARY TITLE 10, U.S.C., SECTIONS 12203 AND 12211: NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- 31, 2012. To be major general PEARED IN THE CONGRESSIONAL RECORD ON NOVEMBER ARMY NOMINATIONS BEGINNING WITH JOSEPH T. NORA 1, 2011. AND ENDING WITH WILLIAM D. O’CONNELL, WHICH NOMI- BRIG. GEN. TIMOTHY A. REISCH AIR FORCE NOMINATIONS BEGINNING WITH ALLENA H. NATIONS WERE RECEIVED BY THE SENATE AND AP- E. BURGE SMILEY AND ENDING WITH JEROME M. PEARED IN THE CONGRESSIONAL RECORD ON JANUARY THE FOLLOWING ARMY NATIONAL GUARD OF THE TECLAW, WHICH NOMINATIONS WERE RECEIVED BY THE 31, 2012. UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- SENATE AND APPEARED IN THE CONGRESSIONAL ARMY NOMINATIONS BEGINNING WITH MARK J. SERVE OF THE ARMY TO THE GRADE INDICATED UNDER RECORD ON JANUARY 31, 2012. CAPPONE AND ENDING WITH CHARLES D. ZIMMERMAN, TITLE 10, U.S.C., SECTIONS 12203 AND 12211: AIR FORCE NOMINATIONS BEGINNING WITH LEON S. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE To be major general BARRINGER AND ENDING WITH PAUL E. SMITH, WHICH AND APPEARED IN THE CONGRESSIONAL RECORD ON NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- JANUARY 31, 2012. BRIG. GEN. GREGORY A. LUSK PEARED IN THE CONGRESSIONAL RECORD ON JANUARY ARMY NOMINATIONS BEGINNING WITH LANCE D. CLAW- THE FOLLOWING ARMY NATIONAL GUARD OF THE 31, 2012. SON AND ENDING WITH CHRISTOPHER L. ROZELLE, UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- AIR FORCE NOMINATIONS BEGINNING WITH MARK W. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE SERVE OF THE ARMY TO THE GRADE INDICATED UNDER DUFF AND ENDING WITH KEITH C. TANG, WHICH NOMINA- AND APPEARED IN THE CONGRESSIONAL RECORD ON TITLE 10, U.S.C., SECTIONS 12203 AND 12211: TIONS WERE RECEIVED BY THE SENATE AND APPEARED JANUARY 31, 2012. IN THE CONGRESSIONAL RECORD ON JANUARY 31, 2012. ARMY NOMINATIONS BEGINNING WITH MARK N. BROWN To be brigadier general AIR FORCE NOMINATIONS BEGINNING WITH KENNETH AND ENDING WITH BRIAN C. TRAPANI, WHICH NOMINA- D. CARR AND ENDING WITH GREGORY S. STRINGER, TIONS WERE RECEIVED BY THE SENATE AND APPEARED COL. JOHN DINAPOLI WHICH NOMINATIONS WERE RECEIVED BY THE SENATE IN THE CONGRESSIONAL RECORD ON JANUARY 31, 2012.

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ARMY NOMINATIONS BEGINNING WITH SCOTT T. AYERS TIONS WERE RECEIVED BY THE SENATE AND APPEARED PEARED IN THE CONGRESSIONAL RECORD ON JANUARY AND ENDING WITH AMBER J. WILLIAMS, WHICH NOMINA- IN THE CONGRESSIONAL RECORD ON FEBRUARY 1, 2012. 31, 2012. TIONS WERE RECEIVED BY THE SENATE AND APPEARED ARMY NOMINATIONS BEGINNING WITH CAROL H. MARINE CORPS NOMINATIONS BEGINNING WITH CHRIS- IN THE CONGRESSIONAL RECORD ON JANUARY 31, 2012. ADAMS AND ENDING WITH TOMASZ ZIELINSKI, WHICH TOPHER J. ALBRIGHT AND ENDING WITH CHRISTOPHER ARMY NOMINATIONS BEGINNING WITH RAYMOND R. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- M. OSMUN, WHICH NOMINATIONS WERE RECEIVED BY ADAMS III AND ENDING WITH MADELINE F. YANFORD, PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY THE SENATE AND APPEARED IN THE CONGRESSIONAL WHICH NOMINATIONS WERE RECEIVED BY THE SENATE 1, 2012. RECORD ON JANUARY 31, 2012. AND APPEARED IN THE CONGRESSIONAL RECORD ON ARMY NOMINATIONS BEGINNING WITH COREBRIANS A. MARINE CORPS NOMINATIONS BEGINNING WITH WIN- JANUARY 31, 2012. ABRAHAM AND ENDING WITH RENEE E. ZMIJSKI, WHICH STON D. BOYD II AND ENDING WITH MOSES A. THOMAS, ARMY NOMINATIONS BEGINNING WITH STEPHEN K. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AITON AND ENDING WITH D005059, WHICH NOMINATIONS PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY AND APPEARED IN THE CONGRESSIONAL RECORD ON WERE RECEIVED BY THE SENATE AND APPEARED IN THE 1, 2012. JANUARY 31, 2012. CONGRESSIONAL RECORD ON JANUARY 31, 2012. ARMY NOMINATIONS BEGINNING WITH WALLACE S. MARINE CORPS NOMINATIONS BEGINNING WITH STU- ARMY NOMINATIONS BEGINNING WITH JAMES H. BONDS AND ENDING WITH JAMES H. TREECE, WHICH ART M. BARKER AND ENDING WITH GREGORY E. ADAMS III AND ENDING WITH G001034, WHICH NOMINA- NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- WRUBLUSKI, WHICH NOMINATIONS WERE RECEIVED BY TIONS WERE RECEIVED BY THE SENATE AND APPEARED PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY THE SENATE AND APPEARED IN THE CONGRESSIONAL IN THE CONGRESSIONAL RECORD ON JANUARY 31, 2012. 6, 2012. RECORD ON JANUARY 31, 2012. ARMY NOMINATIONS BEGINNING WITH JOSSLYN L. ARMY NOMINATIONS BEGINNING WITH DANIEL P. MARINE CORPS NOMINATIONS BEGINNING WITH ABERLE AND ENDING WITH D002143, WHICH NOMINATIONS BORDELON AND ENDING WITH MICHELLE M. ROSE, LADANIEL DAYZIE AND ENDING WITH AGILEO J. WERE RECEIVED BY THE SENATE AND APPEARED IN THE WHICH NOMINATIONS WERE RECEIVED BY THE SENATE YLANAN, JR., WHICH NOMINATIONS WERE RECEIVED BY CONGRESSIONAL RECORD ON JANUARY 31, 2012. AND APPEARED IN THE CONGRESSIONAL RECORD ON THE SENATE AND APPEARED IN THE CONGRESSIONAL ARMY NOMINATION OF JORGE M. RUANO-ROSSIL, TO BE FEBRUARY 6, 2012. RECORD ON JANUARY 31, 2012. LIEUTENANT COLONEL. IN THE MARINE CORPS MARINE CORPS NOMINATIONS BEGINNING WITH AR- ARMY NOMINATION OF SCOTT W. MARLIN, TO BE COLO- LINGTON A. FINCH, JR. AND ENDING WITH KEVIN M. NEL. MARINE CORPS NOMINATION OF CRAIG J. SHELL, TO BE TSCHERCH, WHICH NOMINATIONS WERE RECEIVED BY ARMY NOMINATION OF RICHARD T. MULL, TO BE LIEU- MAJOR. THE SENATE AND APPEARED IN THE CONGRESSIONAL TENANT COLONEL. MARINE CORPS NOMINATION OF JEFFREY S. LACORTE, RECORD ON JANUARY 31, 2012. ARMY NOMINATION OF KELLY E. CARLEN, TO BE TO BE MAJOR. MARINE CORPS NOMINATION OF TIMOTHY T. RYBINSKI, MAJOR. MARINE CORPS NOMINATION OF RUSSELL B. CROMLEY, TO BE LIEUTENANT COLONEL. ARMY NOMINATION OF DAVID C. HATCH, TO BE MAJOR. TO BE MAJOR. ARMY NOMINATIONS BEGINNING WITH PETER V. MARINE CORPS NOMINATIONS BEGINNING WITH CHRIS- IN THE NAVY HUYNH AND ENDING WITH MICHAEL J. RAKOW, WHICH TOPHER P. DOUGLAS AND ENDING WITH SHAWN A. HAR- NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- RIS, WHICH NOMINATIONS WERE RECEIVED BY THE SEN- NAVY NOMINATION OF WILLIS E. EVERETT, TO BE PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY ATE AND APPEARED IN THE CONGRESSIONAL RECORD LIEUTENANT COMMANDER. 1, 2012. ON JANUARY 31, 2012. NAVY NOMINATION OF JAMES T. GILSON, TO BE LIEU- ARMY NOMINATIONS BEGINNING WITH MICHAEL A. MARINE CORPS NOMINATIONS BEGINNING WITH RICH- TENANT COMMANDER. ABELL AND ENDING WITH BRIAN F. WERTZLER, WHICH ARD CANEDO AND ENDING WITH MATTHEW C. FRAZIER, NAVY NOMINATION OF CHRISTOPHER A. MARTINO, TO NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- WHICH NOMINATIONS WERE RECEIVED BY THE SENATE BE COMMANDER. PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY AND APPEARED IN THE CONGRESSIONAL RECORD ON NAVY NOMINATIONS BEGINNING WITH KENNETH B. 1, 2012. JANUARY 31, 2012. HOCKYCKO AND ENDING WITH ADEJOSE R. MCKOY, ARMY NOMINATIONS BEGINNING WITH CHARLES H. MARINE CORPS NOMINATION OF BRIAN T. THOMPSON, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE BUXTON AND ENDING WITH THOMAS M. VICKERS, JR., TO BE LIEUTENANT COLONEL. AND APPEARED IN THE CONGRESSIONAL RECORD ON WHICH NOMINATIONS WERE RECEIVED BY THE SENATE MARINE CORPS NOMINATION OF BRIAN J. CORRIS, TO FEBRUARY 1, 2012. AND APPEARED IN THE CONGRESSIONAL RECORD ON BE LIEUTENANT COLONEL. NAVY NOMINATION OF JOHN A. LANG, TO BE LIEUTEN- FEBRUARY 1, 2012. MARINE CORPS NOMINATION OF KEVIN R. WILLIAMS, ANT COMMANDER. ARMY NOMINATIONS BEGINNING WITH THOMAS AUBLE TO BE LIEUTENANT COLONEL. NAVY NOMINATION OF DAVID A. CZACHOROWSKI, TO BE AND ENDING WITH CHRISTOPHER J. WOOD, WHICH NOMI- MARINE CORPS NOMINATION OF CHRISTOPHER J. COX, LIEUTENANT COMMANDER. NATIONS WERE RECEIVED BY THE SENATE AND AP- TO BE LIEUTENANT COLONEL. NAVY NOMINATION OF KELLY P. COFFEY, TO BE COM- PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY MARINE CORPS NOMINATIONS BEGINNING WITH LEON- MANDER. 1, 2012. ARD R. DOMITROVITS AND ENDING WITH ROBERT A. PE- NAVY NOMINATIONS BEGINNING WITH JASON A. ARMY NOMINATIONS BEGINNING WITH PAUL B. ALLEN, TERSEN, WHICH NOMINATIONS WERE RECEIVED BY THE ALTHOUSE AND ENDING WITH JOSHUA L. WRIGHT, WHICH SR. AND ENDING WITH D011029, WHICH NOMINATIONS SENATE AND APPEARED IN THE CONGRESSIONAL NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- WERE RECEIVED BY THE SENATE AND APPEARED IN THE RECORD ON JANUARY 31, 2012. PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY CONGRESSIONAL RECORD ON FEBRUARY 1, 2012. MARINE CORPS NOMINATIONS BEGINNING WITH JERRY 1, 2012. ARMY NOMINATIONS BEGINNING WITH KATIE BARRY R. COPLEY AND ENDING WITH JAMES R. TOWNEY, WHICH NAVY NOMINATION OF JAMES GILFORD III, TO BE LIEU- AND ENDING WITH KIMBERLY S. YORE, WHICH NOMINA- NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- TENANT COMMANDER.

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CELEBRATING THE 50TH WEDDING Education has always been important to Gras Committees. Mr. James has been a ANNIVERSARY OF REVEREND Mrs. Mitchell. Following her graduation from leader in Zulu due to a love of the tradition, AND MRS. R.T. MITCHELL East Chicago Roosevelt High School, Mrs. merriment and ceremony of this historic orga- Mitchell later attended Indiana University nization. His newest honor is one that will for- HON. PETER J. VISCLOSKY through its extension located in East Chicago ever remain among his many high accomplish- OF INDIANA and has earned her Certificate of Completion ments. IN THE HOUSE OF REPRESENTATIVES from Moody Bible Institute. Additionally, Mrs. In addition his role as an active member Friday, February 17, 2012 Mitchell’s devout faith and eagerness to learn and leader of the Zulu Social Aid & Pleasure has since led her to participate in numerous Club since 1992, Mr. James is a life-member Mr. VISCLOSKY. Mr. Speaker, it is with sin- seminars and religious classes. of Alpha Phi Alpha Fraternity and a member of cere respect that I rise to congratulate Rev- Mrs. Mitchell has served as President of the the Louisiana State Bar Association, the erend R.T. Mitchell, Pastor of New Revelation Minister Wives Coterie of Gary and as Sec- American Bar Association, the Federal Bar As- Missionary Baptist Church in Gary, Indiana, retary of the Martin Luther King, Jr. Memorial sociation and the New Orleans and Baton and his wife, Mrs. Irene Robinson Mitchell, on Baptist State Convention of Indiana, Women’s Rouge Bar Associations. Mr. James’ honors the occasion of their 50th wedding anniver- Department. At New Revelation, she has also and achievements are testaments to his value sary. The members of New Revelation will be served as President of the General Mission as a brother, a leader, and as an esteemed honoring Reverend and Mrs. Mitchell with a and as Chairperson of New Revelation Youth professional in the many organizations to celebration of their anniversary and the re- Ministry, and she has also been involved with which he devotes his time. Mr. James also newal of their marriage vows on Saturday, the Men and Women Day Service and One volunteers with the Leona Tate Foundation for February 25, 2012, at The Chateau in Church One School. In addition to various Change Inc., where he provides legal advice Merrillville, Indiana. Reverend Mitchell was born in Pittsview, ministries in the community, Mrs. Mitchell is to individuals who have made the pursuit for Alabama, and graduated from Glenville High currently the Sunday School teacher at New social justice their lives’ work. School. He continued his education at Moody Revelation and is a member of Ruth Circle Mr. James is the youngest child of Ms. Mary Bible Institute and Indiana Christian Bible Col- and Christian Education. L. James of Kentwood, Louisiana. He is an lege, graduating with a degree in External Reverend and Mrs. Mitchell are the proud alumnus of Southern University Agricultural Bible Study. The Pastor also holds a Bachelor parents of two daughters, Arlene and Artice, and Mechanical College and the Southern of Theology degree and has pursued signifi- and six adoring grandchildren: Robert, Jerrel, University Law Center, where he received his cant additional Evangelical studies. Jeremy, Christian, Ashton, and Isaiah. Juris Doctorate and was associate editor of Reverend Mitchell was called into the min- My colleagues, Pastor and Mrs. Mitchell the Southern University Law Review. He is istry in May 1975 before being ordained on have led lives dedicated to Our Lord, to each also an alumnus of Georgetown University April 6, 1977. On January 22, 1978, Reverend other, and to their family. They have tirelessly Law Center, where he earned a Master of Mitchell became the Pastor of New Revelation ministered to their congregation and have self- Laws (LL.M.) in Taxation with a Certificate in Missionary Baptist Church and has served in lessly given of themselves, their time, and Employee Benefits. I hold Mr. James in the that capacity for the past thirty-four years. Dur- their talents to the greater community of highest regard for his dedication to family, ing his time at New Revelation, Pastor Mitchell Northwest Indiana. Few remain untouched by friends, colleagues, and his community. An in- has taken on many responsibilities and had their generous natures and limitless devotion spiration to all whose lives he touches, Mr. much success. He has served as President of to be of service. I am very fortunate and proud James represents the best of what New Orle- the Baptist Ministers’ Conference of Gary and to consider them friends. ans has to offer. His commitment to the city Vicinity and as President of the Martin Luther Mr. Speaker, I am proud to consider Rev- and the future of the city brings hope and King, Jr. Memorial Baptist State Convention of erend R.T. Mitchell and his wonderful life com- promise to ensuring that New Orleans remains Indiana. Reverend Mitchell has also served on panion, Irene, as my friends. At this time I ask one of the most empowered and unique numerous boards and committees for organi- that you and my other distinguished col- places in the world. zations in Gary and throughout Northwest Indi- leagues join me in congratulating Reverend I wish to congratulate Mr. Elroy James on ana including: the Northwest Indiana Food and Mrs. Mitchell as they celebrate their 50th his coronation on February 17th, 2012 as the Bank, the Thelma Marshall Children’s Home, wedding anniversary. Their unselfish and life- 97th King of Zulu. the Second Chance Foundation of Gary, and long dedication to their church, their commu- f the Calumet Project. He currently serves on nity, and to each other, is worthy of our admi- the City of Gary Zoning Board, and he has ration, and I wish them many more happy RECOGNIZING THE ACHIEVEMENTS served as President of the Interfaith Federa- years to come. OF ANDREW W. CHAMBERS tion Clergy Caucus and as a Chaplain of the f Gary Police Department. Throughout the HON. JIM GERLACH HONORING MR. ELROY ANTHONY years, Reverend Mitchell has also been heav- OF PENNSYLVANIA JAMES ily involved with ministering to the incarcerated IN THE HOUSE OF REPRESENTATIVES in his community. For his outstanding contribu- Friday, February 17, 2012 tions to the community and his commitment to HON. CEDRIC L. RICHMOND civil rights, in 2010, Reverend Mitchell was OF LOUISIANA Mr. GERLACH. Mr. Speaker, I rise today to honored with the prestigious Drum Major IN THE HOUSE OF REPRESENTATIVES congratulate Andrew W. Chambers of Chester Award by the Gary Frontiers Service Club at County, Pennsylvania on his retirement after Friday, February 17, 2012 its annual Martin Luther King, Jr. Memorial 30 years of law enforcement service with the Breakfast. Mr. RICHMOND. Mr. Speaker, I rise today Tredyffrin Township Police Department. Mrs. Irene Mitchell, was born and raised in to honor the continued achievements of Mr. Chief Chambers began his law enforcement East Chicago, Indiana. As the youngest child Elroy Anthony James, a native and product of career with Tredyffrin Township in 1982 as a of Albert Ervin and Mary Jane Robinson, she my hometown of New Orleans, Louisiana. police officer assigned to patrol. After 9 years, was born into a family that loved the Lord and Today, I wish to congratulate Mr. James as he Chambers worked his way up the ranks as a served Him with joy. As a young person, Irene is honored with the title of 97th King of Zulu, sergeant, lieutenant and captain before being was a member of Ebenezer Baptist Church, an organization that he has proudly served for appointed Superintendent of Police in 2008. where she participated in various organiza- nearly two decades. He has participated on Chief Chambers has also served as com- tions. Later on, she went on to serve as the various committees, including the Zulu Ensem- mander of a Regional Special Operations President of the Gospel Chorus and was in- ble, Picnic, Souvenir Booklet, Public Relations, (SWAT) team, known as the Northeast Ches- volved in Sunday School and with the Nurses. Anniversary, Budget and Finance and Lundi ter County Emergency Response Team, which

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate Mar 15 2010 05:49 Feb 18, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K17FE8.001 E17FEPT1 jbell on DSK7SPTVN1PROD with REMARKS E224 CONGRESSIONAL RECORD — Extensions of Remarks February 17, 2012 serves nine municipalities in Chester County FURTHER HUMAN RIGHTS VIOLA- faced over the years—some of them for dec- for police high risk incident response. He is a TIONS IN CASTRO’S CUBA: THE ades. member of the Pennsylvania Chiefs of Police CONTINUED ABUSE OF POLIT- Armando Valladares, who unfortunately Association, International Association of Chiefs ICAL PRISONERS couldn’t join us yesterday, but who will appear of Police, Chester County Chiefs of Police As- at a future hearing, was a Cuban Postal Bank sociation and the Southeastern Pennsylvania HON. CHRISTOPHER H. SMITH employee who was arrested for refusing to Chiefs of Police Association. OF NEW JERSEY display a sign on his desk that promoted com- Additionally, Chief Chambers has been a IN THE HOUSE OF REPRESENTATIVES munism. Mr. Valladares was imprisoned in volunteer firefighter and EMT for over 30 1960 at age 23, and spent 22 years in prison. Friday, February 17, 2012 years and is a certified Public Safety Diver. He Like many freed political prisoners, Mr. is a member of the Board of Directors of the Mr. SMITH of New Jersey. Mr. Speaker, Valladares moved to the United States. Chester County Emergency Medical Services yesterday I chaired a joint hearing of the Sub- In 1988, President Ronald Reagan ap- Council and serves as Vice President and co- committee on Africa, Global Health, and pointed him to serve as the United States Am- founder of the Chester County Police and Fire Human Rights and the Subcommittee on the bassador to the United Nations Commission Hero Fund, which was created to raise funds Western Hemisphere to focus on just one as- on Human Rights, a position in which he for police officers and emergency workers pect—though a deeply troubling one—of the served for two years. I was with Ambassador killed or disabled in the line of duty. overall abysmal human rights record of the Valladares in Geneva when he succeeded in Mr. Speaker, in light of his years of exem- dictatorship in Cuba. bringing Cuba before the commission for plary service to his community and litany of The hearing examined the ongoing viola- human rights violations and authorizing a U.N. sterling accomplishments too long to record, I tions of the human rights of Cuban political fact-finding trip to Cuba to investigate prison ask that my colleagues join me today in recog- prisoners—from the arrest, prosecution, and conditions. nizing Chief Andrew W. Chambers for his in- persecution of political opponents of the Cas- I have read Mr. Valladares’ memoir— valuable contributions to the quality of life of tro regime to the deplorable conditions of their Against All Hope—a book that chronicles his the citizens of Tredyffrin Township, Chester imprisonment—to the terms under which they experiences and that of others in Cuba’s County, Pennsylvania and our entire nation. are released. gulags. Mr. Valladares systematically de- The announcement of the release of some scribes the torture, cruelty, and degrading f prisoners in late December, in conjunction with treatment by Cuban prison guards. Yet, like so the release over the past two years of more many other heroic Cuban dissidents, he per- COMMEMORATING THE 20TH ANNI- than three dozen political prisoners, has been sisted and overcame. VERSARY OF THE KHOJALY described as a public relations move designed Our surprise witness yesterday was the bril- TRAGEDY to portray a loosening of Cuba’s political re- liant, humanitarian Dr. O´ scar Elı´as Biscet. A pression of opponents. Those of us who have medical doctor and courageous human rights HON. DAN BOREN had the privilege of knowing and working with advocate, Dr. Biscet was one of more than OF OKLAHOMA Cuba’s human rights champions for decades, two dozen dissidents who were arrested and IN THE HOUSE OF REPRESENTATIVES and have heard first-hand of the brutality of detained by Cuban police in August 1999 for the Castro government, are not so easily per- organizing meetings in Havana and Matanzas. Friday, February 17, 2012 suaded or deceived. He was released after five days but was re- Mr. BOREN. Mr. Speaker, as the Co-Chair- Cuba has been a totalitarian state with the arrested three more times. The second time man of the House Azerbaijan Caucus, I rise Cuban Communist Party as the sole legal po- he was arrested, later in 1999, he spent three today to bring attention to the tragedy that litical party for more than half a century. Upon years in prison. His third arrest in December took place in Khojaly, Azerbaijan, a town and his seizure of power in Cuba in 1959, Fidel 2002 resulted in a beating, but not imprison- townspeople that were destroyed on February Castro promised a return to constitutional rule ment. Upon his fourth arrest in March 2003, 26, 1992. and democratic elections with social reforms. he was sentenced to 25 years in prison. Along Sadly, today there is little attention or inter- However, Castro’s control over the military with more than 50 other dissidents, Dr. Biscet est paid to the plight of Khojaly outside of and government structures allowed his regime was released in March 2011 with the help of Azerbaijan. However, one of our greatest to crush dissent, marginalize resistance lead- the Catholic Church. He has courageously re- strengths as elected officials is the opportunity ers and imprison or execute thousands of op- mained in Cuba, where he continues to advo- to bring to light truths that are little known and ponents. Between 1959 and 1962 alone, it is cate for human rights. For his extraordinary command recognition. As a friend of Azer- estimated that the Castro regime executed bravery and commitment to freedom for the baijan, I am proud to remind my colleagues 3,200 people. Hundreds of thousands of Cu- Cuban people, many of us have twice rec- that we must never forget the tragedy that bans fled an increasingly radical government. ommended Dr. Biscet for the Nobel Peace took place at Khojaly. Those who remained in Cuba faced a repres- Prize. At the time, the Khojaly tragedy was widely sive regime that denied basic human rights. Other political prisoners have not had the covered by the international media, including More than fifty years after Castro’s assump- ability to choose where they live following their the Boston Globe, Washington Post, New tion of power in Cuba, the U.S. Department of release. Normando Herna´ndez Gonza´lez, an York Times, Financial Times, and many other State human rights report on Cuba describes independent writer and journalist, was arrested European and Russian news agencies. a government that still denies its citizens the in March 2003 along with 74 other dissidents Khojaly, a town in the Nagorno-Karabakh right to change their government; threatens, in Camaguey and was sentenced to 25 years region of Azerbaijan, now under the control of harasses and beats its opponents through in prison. As a result of his serious abuse in Armenian forces, was the site of the largest state security forces and government-orga- prison, Mr. Herna´ndez eventually was diag- killing of ethnic Azerbaijani civilians. With a nized mobs; sentences opponents to harsh nosed with several diseases of the digestive population of approximately 7,000, Khojaly and life-threatening prison conditions; arbi- system and later tuberculosis. Due to his dete- was one of the largest urban settlements of trarily detains human rights advocates and riorating medical condition, Mr. Herna´ndez the Nagorno-Karabakh region of Azerbaijan members of independent organizations, and was released from prison in July 2010 and and was destroyed after the attack. Hundreds selectively prosecutes perceived opponents taken to the Havana Airport, where he was were killed or injured. and then denies them a fair trial. briefly reunited with his wife and daughter be- Twenty years later, the cause of this conflict Cuba’s political prisoners are held, together fore being forced to board an overnight flight has not yet been resolved. As the Presidents with the rest of the prison population, in sub- to Spain. He later emigrated to Miami, where of the United States, Russia and France un- standard and unhealthy conditions, where they he currently resides. derlined in their statement at the Deauville face physical and sexual abuse. Most pris- I extend the gratitude of the subcommittee Summit in May 26, 2011, the current status oners suffer from malnutrition and reside in to our distinguished witnesses for joining us quo is unacceptable. overcrowded cells without appropriate medical yesterday. My good friend and colleague Dan Azerbaijan has been a strong strategic part- attention. In fact, political prisoners face selec- Burton, Chairman of the Subcommittee on Eu- ner and friend of the United States. The trag- tive denial of medical care. Cuban prisons fail rope and Eurasia, testified about U.S. policy edy of Khojaly was a crime against humanity to segregate those held in pre-trial detention toward Cuba. In particular, we are deeply ap- and I urge my colleagues to join me in stand- from long-term violent inmates, and minors are preciative that Dr. Biscet took the serious risk ing with Azerbaijanis as they commemorate often mixed in with adults. Such are the condi- that he will suffer retaliation for speaking with this tragedy. tions opponents of the Castro regime have us publicly. The Castro regime should know

VerDate Mar 15 2010 05:49 Feb 18, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\K17FE8.003 E17FEPT1 jbell on DSK7SPTVN1PROD with REMARKS February 17, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E225 that there will be a price to pay if that should UNITED TECHNOLOGIES center even offers math, English, and science happen. It is our sincere hope that it does not, courses as a part of a program that targets at and that this hearing and the spotlight that it HON. JOHN B. LARSON risk youth in order to prevent students from will shine on Cuban political prisoners will con- OF CONNECTICUT dropping out of school. tribute to authentic freedom and respect for IN THE HOUSE OF REPRESENTATIVES The SVEC has been receiving recognition the human rights of all the people of Cuba. for decades. Their students have proven Friday, February 17, 2012 f themselves as award winners at the state, re- Mr. LARSON of Connecticut. Mr. Speaker, I gional, and national levels, not to mention the REMEMBERING THE ARMENIAN rise today to honor United Technologies on a dozens of newspaper articles that track their VICTIMS OF THE SUMGAIT, monumental achievement—spending more growth and accomplishments throughout the KIROVABAD, AND BAKU PO- than $1 billion on education and training for years. The ambition of the staff and students GROMS their employees. Since its inception under the at the SVEC has made it a facility that has not leadership of George David 15 years ago, the only lasted fifty years, but has gotten better HON. GARY C. PETERS Employee Scholars Program has been a vital each year. OF MICHIGAN source of ongoing education for UTC employ- In closing, I am honored to represent the IN THE HOUSE OF REPRESENTATIVES ees to obtain a degree, advance their skill teachers, students, and community members Friday, February 17, 2012 sets, or gain knowledge in any number of who have taken part in the SVEC. Their dedi- fields. It provides for the costs of tuition, cation has made an invaluable impact on our Mr. PETERS. Mr. Speaker, I rise today to books, and fees up-front and allows employ- community and its residents. I ask my col- remember the Armenian victims of the ees to pursue their education at any accred- leagues to join with me today in recognizing Sumgait, Kirovabad, and Baku pogroms who ited institution of higher education. this important milestone and to wish the center were killed in Azerbaijan in the late 1980s and Through promoting a culture of lifelong continued success in the years to come. early 1990s. As the United States stood as a learning, UTC has set an example for the en- f beacon for freedom around the world, the So- tire corporate community of how to provide a viet Union suffered from ethnic strife and inter- benefit that will have lasting results for their PROTECTING INVESTMENT IN OIL nal unrest. Communist ideology and a com- employees, the company, and I daresay the SHALE THE NEXT GENERATION mand economy could not hold together the economy. Over 30,000 employees have OF ENVIRONMENTAL, ENERGY, Soviet republics and their diverse ethnic earned a degree through the Employee Schol- AND RESOURCE SECURITY ACT groups. The Soviet Union—despite its rhet- ars Program, and many others have been able oric—failed to protect and ensure the rights of to access coursework to improve their skills. SPEECH OF its ethnic minorities, especially the ethnic Ar- The unique, and in my opinion exemplary as- HON. KATHY CASTOR menians who were targeted in pogroms in pect of this program is that the company does OF FLORIDA Azerbaijan. not require that the employee pursue edu- IN THE HOUSE OF REPRESENTATIVES In February 1988 hundreds of Armenians cation directly related to their current position. were singled out, driven from their homes, and This allows UTC employees the freedom to Wednesday, February 15, 2012 murdered by Azerbaijani rioters. Despite choose what they want to study, whether they The House in Committee of the Whole Sumgait’s proximity to security forces in the think it will help them in their current position, House on the state of the Union had under capital city, the riots and destruction continued a future position, or an entirely different field consideration the bill (H.R. 3408) to set clear for three days unabated. Credible sources re- altogether. It is my belief that ongoing learning rules for the development of United States port that hundreds of Armenians were killed or leads to more productive workers and a more oil shale resources, to promote shale tech- wounded; Soviet officials at the time acknowl- nology research and development, and for productive society. other purposes: edged 30 deaths and 200 injured. I applaud UTC again for their sustained This tragedy did not go unrecognized at the commitment to lifelong learning and commend Ms. CASTOR of Florida. Mr. Chair, in the time. Several U.S. Senators rose to speak out them on the milestone accomplishment. aftermath of the BP Deepwater Horizon dis- aster, President Obama, lawmakers from both against this violence. They sent letters to the f government of the Soviet Union. The Senate sides of the aisle, a national commission, busi- unanimously passed an amendment urging RECOGNIZING THE 50TH ANNIVER- nesses and environmentalists reached con- the Soviet government to respect the aspira- SARY OF THE SEMINOLE VOCA- sensus that 80% of the fines and penalties tions of the Armenian people and urging it to TIONAL EDUCATION CENTER that BP is required to pay for violating the discontinue its serious violations of human Clean Water Act be devoted to Gulf of Mexico rights. HON. C.W. BILL YOUNG recovery and research. All have urged Con- In Kirovabad later that same year Arme- OF FLORIDA gress to act, but unfortunately, the Congress nians were once again targeted. My friend and IN THE HOUSE OF REPRESENTATIVES has not done so. colleague from Michigan, Representative As Co-Chair of the bipartisan Gulf Coast Friday, February 17, 2012 SANDER LEVIN, joined 11 other members of the Caucus, I ask my colleagues not to let the ef- House and Senate to write to Soviet Premier Mr. YOUNG of Florida. Mr. Speaker, I rise fort languish any longer. The House should Mikhail Gorbachev in advance of his historic today to honor the 50th anniversary of the act expeditiously to do so and devote 80% of trip to the United States urging him to protect Seminole Vocational Education Center, SVEC, the Deepwater Horizon fines and penalties to the Armenians living in Azerbaijan. which I have the privilege to represent. This the Gulf of Mexico. Unfortunately, in January 1990 in the Azer- facility is truly an example of how one citizen’s Unfortunately, the Scalise amendment could baijani capital of Baku, Armenians were once vision can be brought to life through the efforts be interpreted as an endorsement of a par- again targeted in a weeklong pogrom. Civil so- of an entire community. Originally named the ticular piece of legislation, such as the RE- ciety called upon the Azerbaijan government ‘‘Ag Farm’’ the facility first opened its doors in STORE Act. While the RESTORE Act does to respect the rights of, and prevent crimes 1961. In the past 50 years, this facility has devote 80% of the Clean Water Act fines to against, its Armenian minority population. grown from one square acre of land managed the Gulf States, it is flawed in its current form Today, I rise to remember the victims and by a few staff members and 60 students, to and does not achieve meaningful recovery of honor their memories. America has always one that now spans 42 acres and provides the Gulf of Mexico. stood for democratic freedom and human training to over 450 students. So while I urge my colleagues to defeat the rights—whether then during the Cold War—or It all began with Seminole resident Bill amendment, the time is now for the Congress today during the historic transition in the Mid- Moore, who had a vision for an agricultural to pass an 80% bill and focus on the eco- dle East. Democracies cannot flourish without education center in Pinellas. After acquiring an nomic and environmental health of the Gulf of respecting the rights of the minority. Twenty- acre of land he, the staff, and students cleared Mexico. four years later it is important that we not for- the land together and the facilities were built. Extensive review of the BP Deepwater Hori- get the victims of Sumgait, Kirovabad, and Through partnerships with businesses in the zon disaster and the historic degradation of Baku. I call upon the countries in the region to community the center has grown to offer mul- the Gulf of Mexico was conducted by the Na- respect the human rights of all residents— tiple courses in a wide variety of areas. Stu- tional Commission on the BP Deepwater Hori- whether majority or minority—and to ensure dents can receive technical certificates in ev- zon Oil Spill, Secretary of the Navy Ray that these events never happen again. erything from carpentry to commercial art. The Mabus Report, and the EPA Gulf Restoration

VerDate Mar 15 2010 05:49 Feb 18, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\K17FE8.005 E17FEPT1 jbell on DSK7SPTVN1PROD with REMARKS E226 CONGRESSIONAL RECORD — Extensions of Remarks February 17, 2012 Task Force is appreciated. All recommended Act as currently drafted falls far short of the in cosponsoring H.R. 2992, the Taiwan Air- recovery and research strategies to be funded coordinated, long-term, science-based effort power Modernization Act of 2011. Senator in large part by 80% of the fines and penalties that is needed to protect such a valuable na- JOHN CORNYN has introduced a companion bill under the Clean Water Act. Although the RE- tional resource. Therefore, I look forward to in the Senate. This bipartisan legislation will STORE Act purports to follow the rec- working with all Members on an improved na- direct the President to authorize the sale of no ommended strategies, it does not and is tional strategy for the Gulf of Mexico and its fewer than 66 F–16 C/Ds to Taiwan. We can- flawed. communities. not continue to delay on this issue, as the pro- RESTORE SHOULD FOCUS ON A GULF-WIDE RESEARCH f duction line for F–16s will only remain open AND RECOVERY STRATEGY for a limited additional amount of time. Once PERSONAL EXPLANATION As currently drafted, the RESTORE Act the F–16 production line closes, then we will does not promote a Gulf-wide research and have missed this opportunity to increase the recovery strategy. Under the formulas con- HON. JUDY BIGGERT defensive capabilities of Taiwan and provide a tained in the bill that divide the 80% re- OF ILLINOIS significant economic boost to the North Texas sources, Gulf-wide research and recovery ef- IN THE HOUSE OF REPRESENTATIVES economy. Iwill continue to work towards increasing our forts would be disjointed and receive short- Friday, February 17, 2012 shrift. The formulas currently contained in the already strong relations with the people of Tai- bill appear to be based upon Senate dynamics Mrs. BIGGERT. Mr. Speaker, yesterday, on wan. I believe that the best way forward for rather than a Gulf-wide recovery and research rollcall No. 64, I inadvertently voted ‘‘no.’’ I improving these relations and helping our strategy based upon sound science. The RE- would like to be recorded as ‘‘aye’’ for rollcall North Texas economy is to approve the sale STORE Act fails to make a large enough in- No. 64. of the F–16 C/Ds to Taiwan. vestment in Gulf-wide solutions to the ‘‘dead f f zone,’’ red tide outbreaks that threaten tour- SUPPORTING TAIWAN’S REQUEST HONORING THE LIFE OF MR. ROB- ism, and the health of the Gulf overall. Where FOR PURCHASE OF F–16 C/Ds ERT C. MANTS, JR.—CIVIL is the overarching science advisory compo- RIGHTS ACTIVIST AND COMMU- nent that is necessary for such an important NITY ORGANIZER research and recovery strategy? HON. KENNY MARCHANT This is a once-in-a-lifetime opportunity to OF TEXAS address critical systemic issues that have IN THE HOUSE OF REPRESENTATIVES HON. BENNIE G. THOMPSON plagued the Gulf for decades. We must not Friday, February 17, 2012 OF MISSISSIPPI waste it. IN THE HOUSE OF REPRESENTATIVES Mr. MARCHANT. Mr. Speaker, as a long- RESTORE SHOULD DEVOTE GREATER RESOURCES TO time member of the Congressional Taiwan Friday, February 17, 2012 LONG TERM RESEARCH AND GULF MONITORING Caucus and as a Member of Congress who Mr. THOMPSON of Mississippi. Mr. Speak- RESTORE should be improved to ensure has frequent interaction with the Taiwanese er, I rise today to honor the life of Mr. Robert that adequate Gulf research and monitoring American constituents in my district, I rise C. Mants, Jr. of Lowndes County, Alabama. are conducted for decades to come. Many of today to bring an issue to your attention, Mr. Mants will most notably be remembered the impacts from the catastrophic disaster are which can no longer be delayed. as one the four civil rights leaders of the currently impossible to discern to the naked I would like to comment on how our relation- ‘‘Bloody Sunday’’ march in Selma, Alabama eye and in the short-term. The blowout ship with Taiwan intermingles with the local on March 7, 1965. He was also a very well wreaked havoc on fisheries, marshes, economy of North Texas. known and respected community organizer seagrasses, oyster beds, coasts, and aquatic Taiwan seeks to procure more than five and activist. life. In addition, over past decades, science dozen F–16 C/Ds from the United States that Mr. Mants was born and raised in Atlanta, gathering and sharing in the Gulf has been are proudly built in North Texas. These nego- Georgia in 1943. While in the 11th grade, at neglected. While RESTORE does carve out tiations have been underway since 2006. It is the age of 16, he was the youngest member some dollars for long-term research and moni- important that this deal not be further delayed. of the Committee on Appeal for Human toring, the investments are inadequate to en- The Administration has resisted the sale and Rights, an Atlanta student movement. During sure a long-term, sustained research and re- has rather suggested selling Taiwan upgrades this time, he also volunteered at the Student covery effort. for its older F–16 A/Bs. I find this to be a very Non-Violent Coordinating Committee Head- DO NOT DUPLICATE NATURAL RESOURCE DAMAGE inadequate position that jeopardizes Taiwan’s quarters (SNCC) in Atlanta. After graduating ASSESSMENTS $ BILLIONS FLOWING TO IMPACTED AREAS future defensive capabilities and will result in from high school in 1961, he briefly attended Any legislation that devotes 80% of the a hit to the North Texas economy. Morehouse College before deciding to dedi- Clean Water Act fines and penalties to the Taiwan seeks the F–16 C/Ds solely for de- cate one hundred percent of his time to the Gulf of Mexico research and recovery effort fensive purposes. This is very apparent given Civil Rights Movement. should not duplicate the billions of dollars the increasing number of short and medium- By the summer of 1964, Mr. Mants was going to the impacted areas under the Oil Pol- range ballistic missiles aimed at the island by working for SNCC in Americus, Georgia. While lution Act and the Natural Resource Damage its neighbor, the People’s Republic of China. working with the SNCC Southwest Georgia Assessment. One billion dollars already have At current there are more than 1,400 missiles Project, he met his future wife, Joann Chris- been directed to oiled areas and states for aimed at Taiwan from the other side of the tian. In early 1965, he went to work in cleanup and restoration. Taiwan Strait. I am afraid that China continues Lowndes County, Alabama, and was instru- JOBS AND ECONOMICS to add to the number of missiles pointed at mental in the planning of the Selma-to-Mont- The Gulf is rich in natural resources that Taiwan and that this number is only expected gomery March in March 1965. The march was support many jobs and economic stability for to increase over time. organized at the request of Dr. Martin Luther millions of families. The Gulf ecosystem pro- The 1979 Taiwan Relations Act (TRA), King, Jr., with the goal to lead protestors to duced thirty percent of the United States’ which has been the cornerstone of United Montgomery and ask Governor George Wal- gross domestic product in 2009. If our five States-Taiwan relations for decades, declares lace for protection for black voter registrants. Gulf States were one country it would rank that it is the policy of the United States ‘‘to The march was led by Mr. Mants, Mr. JOHN seventh in global gross domestic product. Our consider any effort to determine the future of LEWIS, Mr. Albert Turner, and Reverend abundance of natural resources is critical to Taiwan by other than peaceful means, includ- Hosea Williams. our economic health, as those resources dwin- ing by boycotts or embargoes, a threat to the On ‘‘Bloody Sunday,’’ Mr. Mants was in the dle so do our livelihoods and our financial sta- peace and security of the Western Pacific front ranks of an estimated 600 marchers as bility. Investing in long-term environmental res- area and of grave concern to the United they crossed the Edmund Pettus Bridge in toration and addressing environmental issues States.’’ We need to abide by our TRA com- Selma, Alabama. Waiting for them on the present prior to the BP oil disaster is critical to mitments and support the defensive capabili- other side of the bridge was a wall of Alabama achieving comprehensive economic restora- ties of Taiwan. state troopers. Subsequently, the demonstra- tion. I would like to call attention to legislation in- tors were brutally attacked with nightsticks and I am encouraged to see bipartisan support troduced by my colleague, Congresswoman fired upon with tear gas. Seventeen marchers to direct 80% of the Clean Water Act fines to KAY GRANGER, which seeks to remedy this sit- were hospitalized, and the day was nicknamed the Gulf of Mexico. However, the RESTORE uation. I ask my fellow colleagues to join me ‘‘Bloody Sunday.’’ Televised images of the

VerDate Mar 15 2010 05:49 Feb 18, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A17FE8.001 E17FEPT1 jbell on DSK7SPTVN1PROD with REMARKS February 17, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E227 brutal attacks presented people with horrifying gerous missions far from home. Each one is 366th Motor Rifle Regiment. Human Rights images of marchers left bloodied and severely conscious of these dangers but chooses to Watch described the Khojaly Massacre as injured, and roused support for the United confront them in the defense of our values. As ‘‘the largest massacre to date in the conflict’’ States Civil Rights Movement. Two weeks a veteran I understand that this choice to over Nagorna-Karabakh. In a 1993 report, the later, Mr. Mants helped lead thousands of ac- serve is not just personal, it is shared with watchdog group stated ‘‘there are no exact fig- tivists from around the country on a weeklong their families who must also accept the risks, ures for the number of Azeri civilians killed be- march from Selma to Montgomery to urge the absences and in the ultimate cir- cause Karabakh Armenian forces gained con- state officials to end practices aimed at keep- cumstance—the loss of the one they love. It is trol of the area after the massacre’’ and ‘‘while ing black Alabamians from voting. to you the families that I now turn my thoughts it is widely accepted that 200 Azeris were Mr. Mants could have easily bypassed the to express with humility, my gratitude and re- murdered, as many as 500—1,000 may have growing civil rights movement of the 1960s by spect. died.’’ remaining at Morehouse College and pursuing It is fitting that the symbol chosen to mark Azerbaijan has been a strong strategic part- ‘‘a well-worn path’’ to success. Instead, he be- this shared sacrifice is a Gold Star—fitting be- ner and friend of the United States. The trag- came involved in the movement during its cause we do not remember simply to mourn edy of Khojaly was a crime against humanity early stages and established a leadership rep- but rather to hold high the example of their and I urge my colleagues to join me in stand- utation that put him on the Edmund Pettus courage, their willing abnegation. A star, fixed ing with Azerbaijanis as they commemorate Bridge in Selma on March 7, 1965. always in the firmament of heroes that we this tragedy. Shortly after the marches, Mr. Mants moved have been blessed to know. f to nearby Lowndes County, Alabama to con- Outside my office door, unique to the halls tinue his work with the SNCC. Although the of Congress is a flag displaying one such star. HONORING LEON C. JOHNSON, SR. Lowndes County population was roughly 80 It stands in tribute to the son of a staff mem- percent African-American, no black had suc- ber of mine who gave the fullest proof of his HON. CORRINE BROWN cessfully registered to vote in more than 60 love for our Nation. That flag reminds me of OF FLORIDA years, as the county was controlled by 86 my duty as a Congressman to ensure that IN THE HOUSE OF REPRESENTATIVES white families who owned 90 percent of the those who fight for our country and their fami- Friday, February 17, 2012 land. As a result, the SNCC created the lies receive the support and care that they Lowndes County Freedom Organization earned through their service. Ms. BROWN of Florida. Mr. Speaker, I rise (LCFO) in 1965. The LCFO was a political As the original author of the California Gold today to pay tribute and honor the life of Mr. party that formed to represent African-Ameri- Star License Plate Bill, these families have a Leon C. Johnson, Sr. cans in the central Alabama Black Belt (17) very special place in my heart and I am hum- Mr. Johnson was born in Columbia, South counties. bled to continue my support and commitment Carolina, on August 13, 1936, to Maceo P. The LCFO was also known as the ‘‘Black in their premium sacrifice being recognized. and Ella L. Johnson, and passed on January Panther Party.’’ The Party’s goal was to pro- Allow me once again to express my respect 17, 2012. As a young man he was tagged with mote and place its own candidates in political and fervent prayer that the strength we wit- the nickname of ‘‘Lion,’’ denoting strength of offices throughout the Alabama Black Belt. In ness in you affirms in each of us the courage character, leadership, determination and pride. 1966, while their attempts were unsuccessful, to serve our country in all ways we are able. This mantle he wore with pride and resolve, which he ably demonstrated as head of the they continued to fight and their goal and f motto of ‘‘black power’’ spread outside of Ala- family after the passing of his father and fol- bama. The movement spread all over the Na- KHOJALY, AZERBAIJAN TRAGEDY lowing his tour of duty during the Korean Con- tion. Two black Californians, Huey P. Newton flict. Leon Johnson served from that point for- and Bobby Seale, asked for permission to use HON. BILL SHUSTER ward as the father figure and big brother for the Black Panther emblem that the LCFO had OF PENNSYLVANIA his younger siblings, Josephine, David, Theo- adopted for their newly formed Black Panther IN THE HOUSE OF REPRESENTATIVES dore and Kenneth, as well as the co-leader of the Johnson family with his elder brother Party. The Oakland-based Black Panther Friday, February 17, 2012 Party became a much more prominent organi- Maceo. Together, they instilled the virtues of zation than the LCFO. Thus few people re- Mr. SHUSTER. Mr. Speaker, as the Co- family unity, sibling pride, honor, respect and member the origins of this powerful symbol Chairman of the House Azerbaijan Caucus, I drive to succeed. And each member held true with impoverished African-Americans in a rural rise today to bring attention to the tragedy that to those life learning tenets and did achieve to Alabama County. took place in Khojaly, Azerbaijan, a town and those professional heights of success and Mr. Mants continued to live and work in townspeople that were destroyed on February service. All accomplished under the loving and Lowndes County until his untimely death in 26, 1992. watchful gaze of their mother, Ella Johnson December 2011. Although he was known This month we will mark the 20th anniver- and aunt, Annie Baisden, two women of more as a civil rights leader and community sary of that devastating and heartbreaking strength, courage and determination, who organizer, Mr. Mants also served as a day. Sadly, today there is little attention or in- vowed to raise the finest ‘‘gentlemen and Lowndes County Commissioner for many terest paid to the plight of Khojaly outside of lady’’ in the Johnson family tradition, both of years, and was Chairman of the nonprofit Azerbaijan. However, one of our greatest whom preceded Leon in death, but left an in- ‘‘Lowndes County Friends of the Historic strengths as elected officials is the opportunity delible mark on everyone. Trail.’’ Mr. Mants is survived by his wife of 45 to bring to light truths that are little known and Leon graduated from Stanton High School years, Joann Christian Mants, and three chil- command recognition. As a friend of Azer- in 1954 and attended Edward Waters College dren—Kadisha, Kumasi, and Katanga. baijan, I am proud to remind my colleagues in Jacksonville, was a proud veteran who Mr. Speaker, I ask that our colleagues join that we must never forget the tragedy that served his country in the Army during the Ko- me in honoring the life and legacy of Mr. Rob- took place at Khojaly. rean Conflict and began his professional ca- ert C. Mants, Jr., a global citizen and activist At the time, the Khojaly tragedy was widely reer with the United States Postal System for civil rights. covered by the international media, including where he served in a variety of managerial po- f the Boston Globe, Washington Post, New sitions until his retirement. He continued his York Times, Financial Times, and many other service to the postal system and its many em- HONORING SERVICE MEMBERS European and Russian news agencies. ployees as a long time member of the Postal Khojaly, a town in the Nagorno-Karabakh Credit Union Board of Directors. Leon is sur- HON. JEFF DENHAM region of Azerbaijan, now under the control of vived by his loving and caring wife of 52 OF CALIFORNIA Armenian forces, was the site of the largest years, Barbara Green Johnson; his son, Leon IN THE HOUSE OF REPRESENTATIVES killing of ethnic Azerbaijani civilians. With a C. Johnson, Jr., and daughter Michelle, 5 population of approximately 7,000, Khojaly grandchildren and 3 great grandchildren, and Friday, February 17, 2012 was one of the largest urban settlements of a host of aunts, nephews, nieces and special Mr. DENHAM. Mr. Speaker, it is to the the Nagorno-Karabakh region of Azerbaijan. friends. honor of our service members that when they According to Human Rights Watch and His passing marks a very special moment, wear the uniform, they do so with the full other international observers the massacre which is reflected in the depth of loss felt and knowledge that their engagement for our Na- was committed by the ethnic Armenian armed hope renewed. Leon was a loving, caring fam- tion will take them on long, sometimes dan- forces, reportedly with the help of the Russian ily man and a dear friend to so many. It is said

VerDate Mar 15 2010 05:49 Feb 18, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A17FE8.004 E17FEPT1 jbell on DSK7SPTVN1PROD with REMARKS E228 CONGRESSIONAL RECORD — Extensions of Remarks February 17, 2012 that his was an infectious personality touching Internationally, championing the issues of HONORING DR. PAUL STANTON all whom he met. His legendary sense of the developing world has become a major humor was a joy and a comfort, adeptly con- focus of Muhammad’s life. For this, he has re- veying his care, concern and passion for oth- ceived many awards and accolades, including HON. DAVID P. ROE ers and it was limitless in its reach into the Messenger of Peace by the United Nations OF TENNESSEE heart, soul and mind of those who bore wit- 1998–2008 for his work with developing na- IN THE HOUSE OF REPRESENTATIVES ness to this wonderful and selfless man. His tions, Amnesty International’s Lifetime love of family and friends formed an unbreak- Achievement Award, Germany’s 2005 Otto Friday, February 17, 2012 able bond which withstood and weathered all Hahn Peace Medal for his involvement in the Mr. ROE of Tennessee. Mr. Speaker, I rise manner of life’s success and challenges, those United Nations and the U.S. Civil Rights today to honor the extraordinary career and of his own and of his loved ones and friends. Movement, and he was named International This pure and deep love influenced his pledge work of Dr. Paul Stanton, president of East Ambassador of Jubilee 2000, a global organi- to each of them to love, support, help and Tennessee State University for the past fifteen zation dedicated to relieving debt in devel- guide them through life, to celebrate their years. Dr. Stanton first came to ETSU in 1985, achievements and embrace their challenges. oping nations. Muhammad has also been in- as director of the Division of Peripheral Vas- He stood proudly by his family and gave his strumental in providing over 232 million meals cular Surgery for the Veterans Administration best so that each would achieve and in so to the world’s hungry. Medical Center and ETSU’s James H. Quillen doing, give unto others the best of themselves In 2005, Muhammad Ali was presented with College of Medicine. Over the next twelve in service to mankind. He gave so much, yet the Presidential Medal of Freedom, our coun- years he devoted himself to ETSU, and for his every sacrifice was meant to empower those try’s highest civilian award, for his life’s work. dedication and hard work, he was named whom he loved and in so doing he gained im- Along with his charitable work around the president in 1997. Under Dr. Stanton’s leader- measurably in pride, stature and humility. His globe, Muhammad has been dedicated to ship, ETSU markedly increased its percentage service to and love of family was a willing sac- helping charities at home as well, including the of residential students, built two large new rifice willingly undertaken and richly rewarded Muhammad Ali Center in Louisville, Kentucky, dorms, and celebrated its centennial anniver- as evidenced by his unabridged pride in all of founded by Muhammad and his wife, Lonnie. sary. Under his stewardship Princeton Review has named ETSE as one of America’s best his family’s accomplishments and their result- The Muhammad Ali Center is a cultural and value colleges, and one of the top schools in ant service to their communities. Never at a international education center that is inspired loss for words was Leon, through his humor, the Southeast. Speaking as a physician, his by his ideals. The Center serves as the global his compassion, his leadership, his fierce and most important achievement may have been hub for championing the six prevailing core determined support and his sheer love of fam- the construction and completion of the Bill values of his life: respect, confidence, convic- ily. This was a man of genuine love and com- Gatton College of Pharmacy. During Dr. Stan- passion, and in his passing, a true celebration tion, dedication, giving and spirituality. Much ton’s tenure, the Quillen College of Medicine of life was held to remember and hold in high- more than a place to tell the story of one has consistently been named as one of the est esteem this man, this father, this husband, man’s incredible 70-year journey, the Muham- top rural medical schools in the country, edu- this brother and this friend. mad Ali Center reaches beyond its physical cating the next generation of physicians who Mr. Speaker, today I ask that you join me in walls to fulfill its mission—in 2012, the Cen- more often than not stay and practice in East honoring the life of a man who leaves behind ter’s activities will ensure that future genera- Tennessee, in addition to serving similar rural a record of service that speaks volumes about tions understand and actively adopt communities around the country. his life. Muhammad’s core values to create a powerful Through his sound leadership, Dr. Stanton, f new movement: Generation Ali. has strengthened the foundation of an impor- HONORING MUHAMMAD ALI ON In addition to his many philanthropic en- tant educational institution in East Tennessee. THE OCCASION OF HIS 70TH deavors, Muhammad Ali is also celebrated for My daughter Whitney is a proud alumna of BIRTHDAY the awareness he has brought to Parkinson’s this distinguished public university. disease through his own personal battle with Along with providing transformative leader- HON. SHELLEY BERKLEY the disease. His aim is to dramatically accel- ship for one of East Tennessee’s most impor- erate the understanding of Parkinson’s dis- tant academic institutions, Dr. Paul Stanton OF NEVADA ease and the pursuit of effective treatments. has long been a devoted and caring physician, IN THE HOUSE OF REPRESENTATIVES family man, grandfather, teacher, scientist, Friday, February 17, 2012 As the Representative for Nevada’s First Congressional district, it gives me immense mentor, true gentleman and a fellow Meth- Ms. BERKLEY. Mr. Speaker, today I urge pride to celebrate the 70th birthday of Muham- odist. Throughout it all his beautiful and terrific my colleagues to join me in recognizing the mad Ali, the Cleveland Clinic Lou Ruvo Center wife Nancy has supported him and undertaken a great deal of community involvement herself. achievements of Muhammad Ali on the occa- for Brain Health, Keep Memory Alive, and the Though I know he will miss ETSU, I am sure sion of his 70th birthday, being celebrated by Muhammad Ali Center, as they fight to put Dr. Stanton will find a way to keep himself the Cleveland Clinic Lou Ruvo Center for memory, brain and movement disorders down busy between golf, grandchildren, and contin- Brain Health, Keep Memory Alive, and the Mu- for a final 10-count. hammad Ali Center at the 2012 Power of Love ued service to the community. Gala as they all join together to help alleviate f I thank Dr. Stanton for his service and wish memory, brain and movement disorders. him all the best in his well-deserved retire- As a boxer, Muhammad Ali is renowned as PERSONAL EXPLANATION ment. the first three-time Heavy Weight Champion of the World with 56 wins, 5 losses, and 37 f knockouts. Leading up to his world champion- HON. JOSE´ E. SERRANO ships, Mr. Ali won an Olympic Gold Medal, PERSONAL EXPLANATION Golden Gloves, and an Amateur Athletic OF NEW YORK Union Championship. Among the hundreds of IN THE HOUSE OF REPRESENTATIVES accolades, Mr. Ali has received over the HON. JAMES B. RENACCI years, he has been recognized by Sports Illus- Friday, February 17, 2012 OF OHIO trated as ‘‘Sportsman of the Century,’’ GQ Magazine as ‘‘Athlete of the Century,’’ the Mr. SERRANO. Mr. Speaker, unfortunately I IN THE HOUSE OF REPRESENTATIVES was absent from the House on Tuesday, Feb- BBC as ‘‘Sports Personality of the Century,’’ Friday, February 17, 2012 and the World Sports Award for ‘‘World ruary 14th, Wednesday, February 15th, and Sportsman of the Century.’’ part of Thursday, February 16th due to a Mr. RENACCI. Mr. Speaker, on rollcall No. More than 50 years after winning the Gold death in my family. Had I been present, I 50, Wednesday afternoon, I was participating Medal at the 1960 Rome Olympics, Muham- would have voted ‘‘yes’’ on rollcall votes 49, in an important subcommittee meeting and mad Ali remains an endearing figure of both 52–61, 63, 64, 65, 67, and 68, and I would was unable to make the first vote of the se- strength and compassion, known and beloved have voted ‘‘no’’ on rollcall votes 50, 51, 62, ries. Had I been present, I would have voted throughout the world. 66, 69. ‘‘yea.’’

VerDate Mar 15 2010 05:49 Feb 18, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A17FE8.007 E17FEPT1 jbell on DSK7SPTVN1PROD with REMARKS February 17, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E229 PASSING OF NEW YORK TIMES our domestic ports following 9–11, to support overall economic success of their community. CORRESPONDENT ANTHONY the ports we operate from abroad, and even to The orchard makes between 500 and 700 gal- SHADID provide port security operations for humani- lons per week during peak season. The tarian operations such as those in Haiti after Ringhausen Orchard is well known for their HON. ADAM B. SCHIFF the devastating earthquake in 2010. In fact, award-winning ciders. Joe’s experience in OF CALIFORNIA Port Security Unit 307, under the leadership of cider-making spans forty years. IN THE HOUSE OF REPRESENTATIVES its commanding officer Commander James It should be noted that the judges con- Wallace, just returned last month from a six- ducted blind evaluations to eliminate bias and Friday, February 17, 2012 month deployment to the Middle East in sup- the Ringhausen Orchard beat out other ciders Mr. SCHIFF. Mr. Speaker, I rise today to port of Operations New Dawn and Enduring from apple-producing states like Michigan and honor the life and legacy of Anthony Shadid, Freedom. There they provided security for port Washington. a New York Times correspondent who died locations around the North Arabian Gulf to en- I want to also thank the Illinois State Horti- yesterday while reporting from Syria. sure the free flow of personnel, equipment and cultural Society for sponsoring the event in As a foreign correspondent for many dif- commerce in the region. The unit worked side- conjunction with Illinois Specialty Crop, ferent papers over the years, Anthony in- by-side with the Navy and its Maritime Expedi- Agritourism and Organic Conference, Illinois formed our world view, gave us insights no tionary Squadron Three to provide strategic Department of Agriculture, and the University other journalist could, and bore witness to his- support in the U.S. Central Command area of of Illinois Extension Service. Each provides an tory being made in the Middle East. responsibility. invaluable service to farmers in Illinois for We learned of world events from his dis- It takes months of training and preparation guidance, resources, and a clearinghouse of patches from the other side of the globe—from for a unit to ready itself for a deployment of information. the fall of Sadaam Hussein, to the Arab this magnitude. Most important though to I want to congratulate the Ringhausen fam- Spring, and most recently the turmoil rankling Commander Wallace and his unit is the prepa- ily and join the Illinois House members in Syria and Libya. There were always other sto- ration they provide to ready the families for wishing them continued success at their or- ries, but his were the gold standard. their deployment. Port Security Unit 307 has chard. But what I admired most about Anthony been a key participant in the Yellow Ribbon Shadid was his persistence, even in the face Reintegration Program. This is a Department THE TELEGRAPH.COM of mortal peril. He exemplified what a free of Defense-wide effort to help the members of Ringhausen, who has been making cider for press should strive to be. During his assign- National Guard and Reserve units and their approximately 40 years, has won awards be- ments in the Middle East, Anthony was shot, families to locate resources available to them fore but never the ‘‘triple crown’’ of Illinois harassed, hounded, arrested . . . abused. But and their families before, during and after de- cider. those acts of violence could not deter him, ployments. In addition to these services, the National awards are open to all U.S. pro- ducers, and Illinois awards are open to all Il- and he continued to report on the events families of Port Security Unit 307 also partici- linois producers. ‘‘I’m so surprised by this,’’ shaping our world. pated in a mid-deployment Yellow Ribbon he said. Jill Abramson, the Executive Director of the event to assist families. Ringhausen’s son, Dennis, was in Spring- New York Times, put it best—‘‘his empathy for The unit’s leadership stayed in touch with field to accept the awards on behalf of the its citizens’ struggles and his deep under- the families throughout the deployment by pro- orchard. The Ringhausen cider beat out standing of their culture and history set his ducing regular newsletters outlining its mis- about 25 other varieties to win the Illinois writing apart. He was their poet and their sions and responsibilities. They also host an title and growers from both Washington and champion.’’ annual Family Day and Open House each Michigan to win the national title. Anthony’s intrepid spirit and story-telling summer so the families can interact with each The orchard entered its signature sweet ability is irreplaceable, and will live on. My other. Commander Wallace says the most im- cider, which is blended from equal amounts of tart apples, such as Jonathans, and sweet heart goes out to his wife, son and daughter, portant part of that weekend is the opportunity apples, like Fujis. and parents. for him and his leaders to say thank you to the The sweet cider is a mainstay at the Apple f families and their friends for the invaluable House from September until Christmas time, support they provide their loved ones. routinely selling out by the first of the year. U.S. COAST GUARD PORT SECU- Mr. Speaker, we can never fully repay the ‘‘I think we’ll put the trophies and plaques RITY UNIT 307 HONORED WITH men and women who serve our nation in uni- in the market,’’ said Ringhausen, whose fam- 2011 DOD RESERVE FAMILY form and the families they leave behind as ily purchased the extensive orchards in 1929. READINESS AWARD they go into harm’s way. We can, however, Unlike sweet cider, hard cider has an alco- salute the units that have excelled at taking holic content; sugar is added to the sweet HON. C.W. BILL YOUNG care of their loved ones during their deploy- cider to initiate fermentation. Joe’s wife, ments and no unit does it better than U.S. Sina, supervises this process. They don’t OF FLORIDA have a license to sell the hard cider, so they IN THE HOUSE OF REPRESENTATIVES Coast Guard Port Security Unit 307. I com- gift it to family and friends for their per- mend their record of service to my colleagues Friday, February 17, 2012 sonal enjoyment. here in the House and I hope you will join me The annual Hard Cider Contest, in its 10th Mr. YOUNG of Florida. Mr. Speaker, I rise in saying thank you to each one of them for year, awards points based on characteristics to salute the men and women of U.S. Coast a job well done. including clarity, color, bouquet, balance of alcohol, acidity, sweetness, body and flavor, Guard Port Security Unit 307 who are being f honored this morning at the Pentagon with the among other criteria. Judges evaluated the 2011 Department of Defense Reserve Family RINGHAUSEN FAMILY WINS 23RD entries using a 25-point rating scale for cider Readiness Award. ANNUAL ILLINOIS CIDER AND quality characteristics, awarding the top scores to Ringhausen’s entries. This award recognizes that the readiness of NATIONAL CIDER CONTEST The Illinois State Horticultural Society our military units to deploy anywhere in the sponsors the event in conjunction with the world is only as good as the support they re- HON. TIMOTHY V. JOHNSON Illinois Specialty Crops, Agritourism and Or- ceive from and the support they provide to the OF ILLINOIS ganic Conference held in Springfield. families they leave behind. Port Security Unit IN THE HOUSE OF REPRESENTATIVES The Illinois Department of Agriculture and 307, from Clearwater, Florida which I proudly the University of Illinois Extension Service represent, has excelled at taking care of its Friday, February 17, 2012 also participate. Edwardsville Extension families. Commissioned in May 1999, Port Se- Mr. JOHNSON of Illinois. Mr. Speaker, I rise Center Specialist Elizabeth Wahle served as curity Unit 307 knows the meaning of readi- today to recognize the Joe Ringhausen Or- cider contest coordinator. The Illinois State ness. They are charged with being ready to chard and Apple House of Fieldon, Illinois in Horticultural Society was formed in 1857 for the purpose of representing fruit tree pro- deploy anywhere in the world within 96 hours winning the 23rd Annual Illinois Cider and Na- ducers, sharing research findings and pro- and they are the only Port Security Unit to tional Cider Contests on January 12–13, 2012. moting the industry to consumers. The Soci- meet this standard in the international arena. Joe and his wife Sina, along with son Dennis ety is one of the oldest continuously oper- They also know about deployments as they and other family members, exemplify excel- ating membership organizations in the state have been deployed repeatedly to help secure lence in their business and contribute to the of Illinois.

VerDate Mar 15 2010 05:49 Feb 18, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A17FE8.012 E17FEPT1 jbell on DSK7SPTVN1PROD with REMARKS E230 CONGRESSIONAL RECORD — Extensions of Remarks February 17, 2012 RECOGNIZING JIM MAXEY—RECIPI- (February 9th) and missed rollcall votes 47 Moreover, Mrs. Porter was a member of the ENT OF THE E. FLOYD FORBES and 48. Had I been present, I would have Greater New Salem Primitive Baptist Church AWARD voted ‘‘aye’’ on both rollcall votes—47 (the for more than 60 years and served in various House Amendment to S. 2038—the STOCK capacities. She is a member of Beulah Baptist HON. JIM COSTA Act) and 48 (motion to Instruct Conferees on Institutional Church where she serves in sev- OF CALIFORNIA H.R. 3630—the Temporary Payroll Tax Cut eral capacities including the Chairlady of the IN THE HOUSE OF REPRESENTATIVES Continuation Act). Mother’s Board Ministry. f Ann Porter is a tremendous role model for Friday, February 17, 2012 our youth and an inspiration to our community. Mr. COSTA. Mr. Speaker, I rise today to IN HONOR OF ANN PORTER FOR She selflessly devoted her life to others and recognize Jim Maxey for receiving the E. BLACK HISTORY MONTH not only helped numerous individuals, she Floyd Forbes Award, which is the National helped an entire community. That is why I rise Meat Association’s highest honor. Established HON. KATHY CASTOR today to honor Ann Porter. in 1946, the National Meat Association has OF FLORIDA f been instrumental to the success of the meat IN THE HOUSE OF REPRESENTATIVES IN HONOR OF ALBERT PHILLIPS industry by providing a number of services to Friday, February 17, 2012 REICHERT its members, including one-on-one regulatory assistance and legislative representation. Ms. CASTOR of Florida. Mr. Speaker, I rise The National Meat Association’s E. Floyd today to honor the life and accomplishments HON. SANFORD D. BISHOP, JR. Forbes Award is named after the president of of Mrs. Ann R. Porter and to acknowledge her OF GEORGIA the National Meat Association’s predecessor contributions to education, social progress, IN THE HOUSE OF REPRESENTATIVES organization, the Western States Meat Pack- and the Tampa Bay community. Friday, February 17, 2012 ers Association. Each year, the E. Floyd Mrs. Porter, a product of Hillsborough Coun- Mr. BISHOP of Georgia. Mr. Speaker, it is Forbes Award is given to an individual of ex- ty Public Schools, attended Tampa’s Mid- with a heavy heart and solemn remembrance emplary moral character, who has provided dleton and Blake Senior High Schools and that I come to the House Floor today to pay impressive and unrelenting service to the Na- graduated from the University of South Flor- tribute to one of Macon, Georgia’s most re- tional Meat Association, as well as the meat ida. After graduating from USF with a Bach- nowned attorneys and respected community and poultry industry. elor of Arts Degree in Political Science, Mrs. leaders, the late Albert Phillips Reichert. Mr. Jim Maxey’s advocacy and passion for agri- Porter continued her studies at Nova South- Reichert passed away on Thursday, February cultural issues, specifically the meat and poul- eastern earning a Master of Science in Human 16, 2012 at the age of 98 years old. A memo- try industry has made him a distinguished Services and a Master’s certification in Busi- rial service will be held in his honor at community and industry leader. A native son ness and Entrepreneurship. Vineville United Methodist Church at 11 a.m. of California’s agriculturally rich San Joaquin After returning to Tampa Mrs. Porter began on Tuesday, February 21, 2012, with Dr. Valley, Jim understands firsthand the value of her career as an administrative secretary of Marcus Tripp and Reverend James Duke offi- hard work and has a deep understanding of the Tampa Urban League. During the War on ciating. what it means to build and run a successful Poverty years, Mrs. Porter started her career A Georgia native, Mr. Reichert was born on business. as one of Hillsborough County’s first Social January 25, 1914, in Columbus, Georgia, the Jim grew up on a small family cattle ranch Service Planners at the Tampa Economic Op- son of Jacob and Ann Phillips Reichert. He in Fresno, California. It was at this time that portunity Council, which became the Commu- graduated from Lanier High School in Macon he was able to gain an intimate grasp of the nity Action Agency of Hillsborough County. As and enrolled at Emory University in 1932, inner workings of the meat industry—both the a Social Service Planner, Mrs. Porter was re- where he worked various jobs to help pay his live and processing sides of the business. sponsible for writing federal and state pro- way through college. After finishing his under- Upon graduating from California State Univer- grams favorable to the Tampa Bay commu- graduate studies, he attended Duke University sity, Fresno, Jim became an invaluable part of nity. She was also the first Head Start director and on December 22, 1936, married Elizabeth the family business, and was involved in all under the Board of Hillsborough County Com- Walton Bowen from Macon, who was then aspects, including: beef packing, beef proc- missioners. On January 1, 2000, after 32 also a student at Duke. Mr. Reichert received essing, and cattle feeding. His love of agri- years of holding a variety of positions under his Master’s Degree in Philosophy from Duke culture led to a fulfilling career, one where he the Hillsborough County Administrator’s Office, in 1937. was able to serve his community and col- Mrs. Porter retired. Following his marriage and his graduation leagues at the same time. Since retirement Mrs. Porter has kept busy from Duke University, Mr. Reichert served as Jim has served as President and Board by volunteering throughout Tampa Bay. She an officer in the United States Navy during Chairman of the National Meat Association. served as President of the Tampa Urban World War II in the Atlantic and Pacific Thea- Currently, he is serving as a member of the League Guild and coordinated its first youth ters. After the war, he worked for the Central Cattlemen Beef Board. Jim’s breadth of expe- group. Shortly after, she was appointed as a of Georgia Railway in Macon while attending rience gives him a unique combination of intel- Commissioner of the Tampa Housing Authority Mercer University’s Walter F. George School lect an enthusiasm, which has allowed him to by the Mayor of Tampa. However, a majority of Law, where he graduated cum laude in serve the National Meat Association admi- of Mrs. Porter’s volunteer time has been with 1948. rably. the NAACP. During Mrs. Porter’s time with the After graduating from law school, Mr. Mr. Speaker, I ask my colleagues to join me NAACP’s Tampa branch she served in every Reichert embarked on what would be a in recognizing Jim Maxey for being the recipi- official capacity, including the president. After tenured and highly successfully legal career. ent of the National Meat Association’s E. working to merge Hillsborough County’s He began his professional legal career as an Floyd Forbes Award. His consistent devotion Tampa and Plant City branches, Mrs. Porter attorney with the firm of Anderson, Anderson to providing quality products and exceptional became the first president of the NAACP’s & Walker, which later became Anderson, service should be commended. His is truly a combined Hillsborough County branch. Proud- Walker & Reichert. source of pride for our community and our na- ly, she is a founder of the Hillsborough County Over the course of his distinguished legal tion. Martin Luther King Scholarship Fund and the career, Mr. Reichert received several awards f Robert W. Saunders Library Foundation and recognitions for his many notable legal Board, Inc. achievements. The General Practice and Trial PERSONAL EXPLANATION Currently, Mrs. Porter, a mother of four chil- Section of the State Bar of Georgia awarded dren, one son, three daughters and six grand- him the Tradition of Excellence Award. Mercer HON. DONNA F. EDWARDS children, serves in several capacities including University awarded him the Algernon Sidney OF MARYLAND membership on the City of Tampa’s Commu- Sullivan Award and the Outstanding Alumnus IN THE HOUSE OF REPRESENTATIVES nity Development Corporation, Head Start Award. It is also worth noting that Mr. Reichert Community Foundation Board, and the Com- handled many pro bono cases throughout his Friday, February 17, 2012 mission on the Status of Women. Mrs. Porter career and he was listed in Best Lawyers in Ms. EDWARDS. Mr. Speaker, due to a pre- is also a member of Alpha Kappa Alpha So- America. viously scheduled doctor’s appointment, I was rority and serves as AKA Connection Chair- Mr. Reichert also played a very pro-active absent from votes in the House last Thursday man in the Gamma Theta Omega Chapter. role in several community service initiatives

VerDate Mar 15 2010 05:49 Feb 18, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A17FE8.013 E17FEPT1 jbell on DSK7SPTVN1PROD with REMARKS February 17, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E231 throughout the State of Georgia, including Coleman, a researcher in the Micro and southeast Colorado. While my family lived be- serving as president and as campaign chair Nanotechnology Lab and the Coordinated hind barbed wire, my father was recruited into for the United Givers Fund (now United Way). Science Lab, was cited for his work in semi- the U.S. Military Intelligence Service at the As a youth, he was a Boy Scout and reached conductor lasers and photonic materials. His research focuses on materials for University of Colorado Boulder, where he the rank of Eagle Scout. As an adult, he was optoelectronics. Having helped to develop taught Japanese. Scoutmaster of Troop 19 in Macon and served metal-organic chemical vapor deposition Although this gross injustice propelled my as chair of the Central Georgia Council, and (MOCVD), as the director of the Semicon- received the Silver Beaver Award. ductor Laser Laboratory at Illinois he over- family into years of separation, it would also He is survived by his wife of 75 years, Eliza- sees research using MOCVD growth of III–V unknowingly propel both Fred and Gordon— beth Walton Bowen Reichert; his son, Albert semiconductors to explore applications in la- two ordinary men—to become preeminent Phillips Reichert, Jr. and Albert’s wife, Burnam sers, quantum dots and other optical struc- Asian American and Pacific Islander civil rights ‘‘Bebe’’ Walker Reichert; his son, Stephen tures. leaders. Believing that the executive order vio- Allan Reichert; his son, Robert Adger Bowen ‘‘Dr Coleman’s research has added consid- lated the freedoms guaranteed by the Con- erable knowledge to the field of semicon- Reichert and Robert’s wife, Adele Dunwody ductor lasers and photonic devices, and his stitution, Fred refused to comply with it, was Reichert; his grandchildren, Albert Phillips many successful patents and contributions subsequently arrested, convicted and sent to Reichert, Ill and Albert’s wife, Dr. Gillian Tracy to the engineering literature remain a testa- an internment camp in Utah. Gordon was also Braulik, John Walker Reichert, Elizabeth ment of those achievements,’’ comments arrested, convicted and sent to an Arizona Bowen Reichert, and Thomas Dunwody Ilesanmi Adesida, dean of the College of En- prison. Reichert; and his great-grandchildren, Eden gineering. ‘‘He is also an Illinois alumnus, so Pape Reichert, Luna Walker Reichert, and we are doubly proud of his achievements.’’ In the face of these challenges, Fred and Sarana Burnam Reichert; his sister, Mary Lou- Coleman earned his bachelor’s, master’s Gordon still maintained their core belief in the and doctoral degrees in electrical engineer- ise Reichert Earnhardt, and his sister, Beverly American justice system and equality. With the ing from the University of Illinois. He help of the American Civil Liberties Union, Reichert Kennon. worked at Bell Laboratories and Rockwell I would like to ask my colleagues to join me International before joining the faculty in both appealed their cases all the way to the in paying homage to Albert Phillips Reichert. 1982. He has published more than 400 journal Supreme Court. The Court, however, ruled un- He lived a full life and the people of Middle articles and holds seven patents. Coleman is favorably to both, declaring the incarceration a Georgia will always be indebted to him for his a fellow of the Institute of Electrical and ‘‘military necessity,’’ justified by the Army’s high legal acumen and years of dedicated Electronics Engineers (IEEE), the Optical claims. Society of America (OSA), SPIE (the inter- community service. Our thoughts and prayers Although Fred and Gordon’s fights to over- are with his family, friends and the Macon, national society for optics and photonics), the American Association for the Advance- turn their convictions took more than four dec- Georgia community at this time of great loss. ment of Science (AAAS), and the American ades, American justice and equality did ulti- f Physical Society (APS). mately prevail. Fred’s conviction was over- Also among the new members and foreign turned in 1983, and Gordon’s in 1987. Fred UNIVERSITY OF ILLINOIS’ JAMES associates announced by the NAE was Illi- COLEMAN ELECTED TO NA- nois engineering alumnus Supriyo Datta (MS and Gordon’s resistance paved the way for TIONAL ACADEMY OF ENGINEER- 1977, PhD 1979, Electrical Engineering), who the eventual passage of the Civil Liberties Act ING is the Thomas Duncan Distinguished Pro- of 1988, which granted reparations to Japa- fessor of Electrical and Computer Engineer- nese Americans and was a fundamental step HON. TIMOTHY V. JOHNSON ing at Purdue University in West Lafayette, in acknowledging the injustices of the govern- Indiana (cited for ‘‘quantum transport mod- OF ILLINOIS ment’s actions. eling in nanoscale electronic devices’’). IN THE HOUSE OF REPRESENTATIVES f Mr. Speaker, on today’s Day of Remem- Friday, February 17, 2012 brance, exactly seventy years after the signing Mr. JOHNSON of Illinois. Mr. Speaker, 70TH ANNIVERSARY OF THE DAY of EO 9066, it is important to remember and James J. Coleman, professor of materials OF REMEMBRANCE share the lessons of those who bravely stood science and engineering at the University of Il- their ground against discrimination. Fred and linois, was one of 66 to be elected into the HON. MICHAEL M. HONDA Gordon’s stories remind us that all individuals National Academy of Engineering. A pioneer OF CALIFORNIA have the potential to do extraordinary deeds in of photonics and semiconductor lasers, Cole- IN THE HOUSE OF REPRESENTATIVES extraordinary times by simply standing up for man will join the 2254-member, 206 foreign Friday, February 17, 2012 what is right, even if it feels like all forces are associates Academy. He was elected for his against us. Although life in Amache taught me Mr. HONDA. Mr. Speaker, February 19, contributions to the fields of technology and that being Japanese in America was bad, my 2012 marks the seventieth anniversary of engineering. father reminded me that I should never feel President Franklin Delano Roosevelt’s signing Coleman, who earned his bachelor’s, mas- ashamed of my heritage and that I should ter’s and doctoral degrees from the University of Executive Order (EO) 9066, authorizing the relocation of 120,000 men, women, and chil- continue to work hard in order to be recog- of Illinois, is a researcher in the Micro and nized. Nanotechnology Lab and the Coordinated dren of Japanese descent living in the United Science Lab. States—my family included—to internment It is important to revisit the lessons that ‘‘Dr Coleman’s research has added consid- camps. As I look back on the past seventy Fred Korematsu, Gordon Hirabayashi, my fa- erable knowledge to the field of semiconductor years, I cannot help but reflect on the bravery ther, and other civil rights heroes have taught lasers and photonic devices, and his many and courage of three men whose intertwined us because their stories are ones that tran- successful patents and contributions to the en- stories shaped my inherent values and life’s scend race, class and politics. They taught us gineering literature remain a testament of work: Fred Korematsu, Gordon Hirabayashi, that we must face discrimination and xeno- those achievements,’’ comments Ilesanmi and my own father, Giichi ‘‘Byron’’ Honda. phobia with strong resolution or else we are Adesida, dean of the College of Engineering. At the outbreak of World War II, Gordon vulnerable to repeating the egregious mistakes ‘‘He is also an Illinois alumnus, so we are dou- was studying at the University of Washington. of the past. bly proud of his achievements.’’ Fred tried to enlist in the U.S. National Guard Discrimination is always lurking just below [From SemiconductorToday.com] and U.S. Coast Guard to serve his country but the surface and often reveals itself in trying Photonics and semiconductor laser pioneer was turned away because of his Japanese an- James J. Coleman (the Intel Alumni En- cestry. My father was pursuing his dream of times, but as all three men showed, ordinary dowed Chair in Electrical and Computer En- becoming a doctor by working as a truck driv- Americans are capable of achieving extraor- gineering and a professor of materials er in order to pay his way through community dinary feats for themselves, their families, and science and engineering at the University of college. their country. In the end, I learned that the Illinois) is one of 66 people newly elected to All three men’s lives and dreams were shat- highest respect and honor we can bestow membership of the U.S. National Academy of upon those who struggled for a more perfect Engineering (NAE), along with new 10 for- tered when President Roosevelt signed EO eign associates (joining the existing 2254 9066. Once the West Coast was declared as union is to continue their legacies, apply their members and 206 foreign associates, distin- a military zone, my family and I were hauled unwavering principles, and make sure history, guished by outstanding contributions to the to the Merced Assembly Center and then in- as in the case of EO 9066, does not repeat fields of technology and engineering). carcerated at the Amache internment camp in itself.

VerDate Mar 15 2010 05:49 Feb 18, 2012 Jkt 019060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A17FE8.016 E17FEPT1 jbell on DSK7SPTVN1PROD with REMARKS E232 CONGRESSIONAL RECORD — Extensions of Remarks February 17, 2012 RECOGNIZING JEREMY HILTON TRIBUTE TO ROBERT M. O’NEIL who became the first African American to earn FOR HIS ADVOCACY OF MILI- 3 stars in the United States Air Force. TARY FAMILIES AFFECTED BY HON. JOHN W. OLVER In 1940, the Selective Service and Training DISABILITIES OF MASSACHUSETTS Service Act, enacting the first peace-time draft IN THE HOUSE OF REPRESENTATIVES in the United States’ history was signed into HON. GERALD E. CONNOLLY Friday, February 17, 2012 law by President Franklin D. Roosevelt. Under OF VIRGINIA the Act, all American males between the ages IN THE HOUSE OF REPRESENTATIVES Mr. OLVER. Mr. Speaker, I rise today to pay of twenty-one and thirty-five years had to reg- Friday, February 17, 2012 tribute to the life’s work of Robert M. O’Neil, ister for the draft . . . and it went on to say a lifelong resident of Pittsfield, Massachusetts Mr. CONNOLLY of Virginia. Mr. Speaker, I ‘‘there shall be no discrimination against any who has served his community in many ca- person on account of race or color.’’ rise to honor Jeremy Hilton, of Burke, a U.S. pacities, including service Pittsfield residents Air Force finalist for the 2012 Military Spouse as a teacher at Taconic High School since Following this, the first aviation class at the of the Year. Mr. Hilton is a graduate of the 1996. He and his beloved wife, Betty O’Neil, Tuskegee Institute with 13 cadets began in United States Air Force Academy and a Navy raised one daughter, Angela, and enjoyed the 1941. In March 1942, five of the 13 cadets in veteran. In 2002, Mr. Hilton was stationed in company of 22 nephews and nieces. the first class completed the Army Air Corps Navy Yard Washington, D.C. when his daugh- Mr. O’Neil started a long career as a girls’ pilot training program and earned their silver ter, Kate, was born with significant medical basketball coach at the Catholic Youth Center, wings and became the nation’s first black mili- issues. Given the longer deployments required Pittsfield Boys and Girls Club and with AAU tary pilots. of naval officers, Mr. Hilton chose to separate teams. He also refereed countless games Soon afterwards, the newly formed United in order to care for Kate, his two-year-old son, since 1987 and was Assistant Girls Basketball States Air Force began plans to integrate its Jack, and support his wife, Renae, who is sta- Coach at Pittsfield High School from 1995 until units as early as 1947, and in 1948, President tioned at Andrews AFB. 2005. At various times his Pittsfield teams won Harry Truman enacted Executive Order Num- Mr. Hilton has made it his mission to advo- the City Championship, League Champion- ber 9981, which directed equality of treatment cate for military families impacted by a dis- ship, Berkshire County Championship, West- and opportunity to all in the United States ability, and he has taken on several leadership ern Massachusetts Championship, and ap- Armed Forces. This order, in time, led to the roles to help military and non-military families peared in the Massachusetts State Champion- end of racial segregation in the military forces. on issues including medical care, long-term ship Final. He then became Head Girls Bas- This was also the first step toward racial inte- care, Medicaid, and special education. He ketball Coach at Taconic High School in 2005 gration in the United States of America. spends much of his free time speaking and and served in that capacity until 2011. During advocating for legislation. Mr. Hilton has be- Beyond a doubt, the positive experience, his career, he was named the recipient of the the outstanding record of accomplishments come a respected authority on issues involv- Berkshire County Sportsman of the Year and ing military families with special needs and and the superb behavior of the black airmen radio station WBEC’s Girls Coach of the Year, during World War II, and after, were important disabilities. He has briefed the White House, and on two different occasions was named the Congressional Military Family Caucus, and factors leading up to the historical social Girls Basketball Coach of the Year by his change that led to racial equality in America. the staff for several Congressional commit- peers. tees. Robert M. O’Neil has unselfishly devoted his The Tuskegee Airmen will live on forever in Mr. Hilton was instrumental in bringing at- life to improving the lives of students and bas- the pages of history because they accepted tention to major inadequacies in the U.S. Air ketball players and their families. On February the challenge proudly, and succeeded in prov- Force Exceptional Family Member Program. 21, 2012, his life will be celebrated, and he ing to the world that blacks could fly. These He and fifteen other Air Force families orga- will be given a Certificate of Recognition and men fought two wars—one against a military nized support for a Department of Defense In- the Key to the City of Pittsfield in deep appre- enemy force overseas and another one spector General report that played a major ciation for his distinguished service, and that against racism at home. role in reforming the program. Mr. Hilton also date will be known forever as Robert M. O’Neil I am reminded of the words of the first worked with Congressional staff on provisions Day in Pittsfield. Mr. Speaker, I join my President of the United States, George Wash- in the 2011 National Defense Authorization friends, colleagues and neighbors in com- ington, whose words are worth repeating at Act to institute feedback from disability-im- memorating his life and wonderful accomplish- this time: pacted military families to the Department of ments. Defense, establishing the Military Exceptional ‘‘The willingness with which our young peo- Family Member Panel. Currently, Mr. Hilton is f ple are likely to serve in any war, no matter working to gather support on H.R. 2288, the RED TAIL PILOTS TRIBUTE EVENT how justified, shall be directly proportional as ‘‘Caring for Military Kids with Autism Act.’’ HOSTED BY THE YMCA OF CEN- to how they perceive the veterans of earlier When not caring for his family or working to TRAL FLORIDA AND LOCKHEED wars were treated and appreciated by their improve the lives of other families, Mr. Hilton MARTIN country.’’ spends the remaining hours of the day work- Thank you for your service for your country ing toward a graduate degree at the George HON. CORRINE BROWN and your continued service for your fellow vet- Washington University and producing a video OF FLORIDA eran in these difficult times we all endure. series titled Creating Access for All, which en- IN THE HOUSE OF REPRESENTATIVES courages churches to start disability ministries. f Mr. Speaker, I ask my colleagues to join me Friday, February 17, 2012 in recognizing Jeremy Hilton and his sacrifice, Ms. BROWN of Florida. Mr. Speaker, I rise PERSONAL EXPLANATION service and passionate advocacy for both mili- today to congratulate the Central Florida tary and non-military families impacted by dis- YMCA for their ‘‘Red Tail Pilots Tribute’’ event abilities. I believe there to be few others more to congratulate the Tuskegee Airmen. HON. EMANUEL CLEAVER deserving of the 2012 Military Spouse of the I am very pleased to talk about the pioneers OF MISSOURI Year. who laid the groundwork for what we as Afri- f can Americans have been able to accomplish IN THE HOUSE OF REPRESENTATIVES PERSONAL EXPLANATION over the last 70 years. In fact, when President Friday, February 17, 2012 Roosevelt began training African American HON. MICK MULVANEY troops, the Tuskegee Airmen excelled in pro- Mr. CLEAVER. Mr. Speaker, due to a com- tecting the bombers attacking enemy positions mitment in my district, I had to miss votes on OF SOUTH CAROLINA better that any other units in the United States H.R. 3408. Had I been present, I would have IN THE HOUSE OF REPRESENTATIVES Army Air Force. voted ‘‘aye’’ on Amendment 13, ‘‘aye’’ on Friday, February 17, 2012 And every single one of the first class of pi- Amendment 15, ‘‘no’’ on Amendment 16, Mr. MULVANEY. Mr. Speaker, on rollcall lots of what became known as the Tuskegee ‘‘aye’’ on Amendment 17, ‘‘aye’’ on Amend- No. 65, I missed rollcall 65 on February 16, Airmen had a college degree. One of them ment 18, ‘‘no’’ on Amendment 19, ‘‘aye’’ on 2012. Had I been present, I would have voted was Benjamin O. Davis, a graduate of the Un- the Motion to Recommit, and ‘‘no’’ on Final ‘‘no.’’ tied States Military Academy at West Point, Passage.

VerDate Mar 15 2010 05:49 Feb 18, 2012 Jkt 019060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\K17FE8.013 E17FEPT1 jbell on DSK7SPTVN1PROD with REMARKS February 17, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E233 PROCLAIMING THE STATE OF NE- Year is a fitting recognition of his many ac- PROTECTING INVESTMENT IN OIL VADA RECOGNIZE DR. HEATH complishments as the Superintendent of SHALE THE NEXT GENERATION MORRISON’S ACCOMPLISHMENT Washoe County School District. Educators sig- OF ENVIRONMENTAL, ENERGY, AS THE 2012 NATIONAL SUPER- nificantly and permanently influence the lives AND RESOURCE SECURITY ACT INTENDENT OF THE YEAR, AS of our children. Dr. Morrison’s vision and lead- AWARDED BY THE AMERICAN ership in the Washoe County Schools illus- SPEECH OF ASSOCIATION OF SCHOOL ADMIN- trates that when parents, teachers, and the ISTRATORS ON FEBRUARY 16, local community all work together, there is HON. CAROLYN B. MALONEY 2012 nothing they cannot accomplish. Mr. Speaker, I ask that my colleagues join me in praising OF NEW YORK HON. MARK E. AMODEI the accomplishments of Dr. Heath Morrison IN THE HOUSE OF REPRESENTATIVES OF NEVADA and recognizing his actions to be an exem- IN THE HOUSE OF REPRESENTATIVES plary model for all those teaching America’s Wednesday, February 15, 2012 youth today. Friday, February 17, 2012 The House in Committee of the Whole Mr. AMODEI. Mr. Speaker, I rise today to House on the state of the Union had under f consideration the bill (H.R. 3408) to set clear recognize Dr. Heath Morrison as the 2012 Na- rules for the development of United States tional Superintendent of the Year award win- HONORING THE MEMORY OF MI- oil shale resources, to promote shale tech- ner at the American Association of School Ad- CRON TECHNOLOGY CEO STEVE nology research and development, and for ministrator’s National Conference on Edu- APPLETON other purposes: cation on February 16, 2012, in Houston, Texas. Mrs. MALONEY. Mr. Chair, like a broken, Dr. Morrison came to the Washoe County HON. GERALD E. CONNOLLY outdated record player, with this legislation the Republican Majority in the House shows itself School District in 2009 after serving as a com- OF VIRGINIA munity superintendent in Montgomery County to be out of touch with America’s energy Public Schools in Maryland. Prior to serving as IN THE HOUSE OF REPRESENTATIVES needs and energy future. The Congress should be encouraging innovation in our en- superintendent, he served as a middle and Friday, February 17, 2012 high school principal and a teacher in Charles ergy sector and natural resource preservation. County, Maryland. Dr. Morrison holds a Ph.D. Mr. CONNOLLY of Virginia. Mr. Speaker, I Instead, H.R. 3408 shirks environmental stew- in Educational Policy and Planning, a Masters rise to honor the life and accomplishments of ardship and ignores all lessons from past drill- of Educational Administration from the Univer- Micron Technology Chairman and Chief Exec- ing and spill related disasters. Almost two sity of Maryland, and a Bachelor of Arts in utive Officer Steve Appleton, who died in an years after the Deepwater Horizon oil spill dis- Government from the College of William and aircraft accident on February 3, 2012. aster there are still no new safety measures or reforms in place to prevent and mitigate a fu- Mary. Mr. Appleton, 51, began his career at Mi- ture catastrophe. Rather than meaningful ef- The American Association of School Admin- cron Technology in 1983 working the nightshift forts to prevent loss of life and loss of habitat, istrators bases its selection of Superintendent on the company’s chip fabrication line. As was the Republican Majority chooses to open up of the Year on four criteria: leadership in the case with many of Mr. Appleton’s pursuits, nearly every coastline of the U.S. for develop- learning, communication, professionalism, and his work for Micron Technology was tireless ment of oil and gas drilling. community involvement. Dr. Morrison led the and done with a steadfast devotion to the development and implementation of the Dis- highest levels of performance. Mr. Appleton This bill threatens our nation’s most pristine trict’s five-year strategic plan to enhance the quickly climbed through the ranks of a highly wilderness, the beautiful Arctic National Wild- quality of education for the District’s 63,000 competitive corporate structure at Micron life Refuge. Opening this area to oil and gas students and to reduce the dropout rate. With Technology. He was named chairman, CEO drilling is not projected to lower gas prices in his leadership, between 2009 and 2011, the and president at age 34, making him the third the near future or by any significant amount— Washoe County School District’s graduation youngest CEO of a Fortune 500 company at less than two cents per gallon 20 years from rate jumped from 56 percent to 70 percent the time. now. But this is not the only area that would across all student groups. This was due in no be opened up for offshore drilling under this Under his leadership, Micron Technology small part to Dr. Morrison’s commitment to go bill. The Majority wants to mandate that broad grew to over 23,000 employees in 20 coun- door-to-door, finding children who have swaths of the Atlantic, Pacific and Gulf coasts tries, producing annual revenues of $8.9 bil- dropped out of school or are regularly truant be made available for drilling leases. I thank lion. The company employs more than 1,800 and working with them to return. He has also my colleague in the New York Delegation, Mr. Virginians, and the work performed at its established a Parent University to engage par- BISHOP, for his amendment that would prevent Prince William County facility has helped ents in their children’s education and created oil and gas leases in the Northeast region. If make semiconductors the Commonwealth’s the Community Compact, a program that in- I had been present, I would have voted ‘‘aye’’ largest manufactured export. His efforts volves the local community in the success of on the Amendment 12 offered by Mr. DEUTCH. earned him the recognition of his industry col- its students. Washoe County has also leagues. In 2011, Mr. Appleton received the The grievances continue. The Majority re- achieved significant test score gains, has nar- Robert N. Noyce Award, the highest honor be- peats itself by again attempting to force ap- rowed the achievement gap in many subject stowed by the Semiconductor Industry Asso- proval of the Keystone XL pipeline. Through- areas, and has made great strides to ensure ciation. out the 112th Congress they have refused to all students graduate ready to pursue college Mr. Appleton is described by friends and allow for a thorough review and study by the and highly skilled careers during his tenure. State Department. Seeking to direct the Fed- Dr. Morrison truly lives out the school district’s family as a fierce competitor who valued per- sonal relationships. For a CEO of a Fortune eral Energy Regulatory Commission to ap- motto of ‘‘Every child, by name and face, to prove the pipeline within 30 days without con- graduation.’’ 500 company who remained on a first name basis with many of his employees, this bal- ditions is wholly irresponsible and does noth- Other awards and honors received by Dr. ing to ensure the safety and security of work- Morrison include the 2012 Leadership through ance was second nature to Mr. Appleton. In his limited spare time, he became an accom- ers, residents, and communities impacted by Communication Award from the American As- the pipeline. sociation of School Administrators, the Na- plished pilot and motocross racer. He is sur- tional School Public Relations Association, vived by his wife and four children. The Republican Majority has tried to say and Blackboard Connect, as well as the Dis- Mr. Speaker, I ask that my colleagues join opening up these lands to drillings will pay for tinguished Educational Leader Award from the me in extending our condolences to Steve Ap- a transportation package but that is false. This Washington Post. pleton’s friends, family and colleagues at Mi- legislation would cover less than one percent I know that my fellow Nevadans and I be- cron Technology Inc. They have lost an in- of the overall cost of their transportation pro- lieve the selection of Dr. Heath Morrison as credibly talented and devoted leader. Mr. Ap- posal. the American Association of School Adminis- pleton’s achievements cannot be overstated. For reasons listed above, I oppose this mis- trators 2012 National Superintendent of the He always strived to be the best. guided and dangerous legislation.

VerDate Mar 15 2010 05:49 Feb 18, 2012 Jkt 019060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\CR\FM\A17FE8.021 E17FEPT1 jbell on DSK7SPTVN1PROD with REMARKS E234 CONGRESSIONAL RECORD — Extensions of Remarks February 17, 2012 OUR UNCONSCIONABLE NATIONAL PERSONAL EXPLANATION who hails from the same section of Appalachia DEBT as I do. Elizabeth Joanne Shupe was born HON. MARTIN HEINRICH February 11, 1932, in Russell County, Virginia, OF NEW MEXICO just across the border from northeast Ten- nessee. Through her life she has observed the HON. MIKE COFFMAN IN THE HOUSE OF REPRESENTATIVES transformation of this beautiful area we call OF COLORADO Friday, February 17, 2012 home. IN THE HOUSE OF REPRESENTATIVES Mr. HEINRICH. Mr. Speaker, on this after- The proud mother of four children, Mrs. Shupe worked remarkably hard to support her Friday, February 17, 2012 noon of February 14, 2012, I unfortunately missed rollcall vote 49. If I had been present, family after the death of her second husband. Mr. COFFMAN of Colorado. Mr. Speaker, I would have voted in favor of rollcall vote 49, Later in her career she found her calling as a on January 26, 1995, when the last attempt at on approving the Journal. nurse, putting herself through school while raising a son on her own. She kept nursing a balanced budget amendment passed the f until just a few years ago at the age of 75. House by a bipartisan vote 300–132, the na- HONORING ELIZABETH JOANNE Since retirement she has kept active, cam- tional debt was $4,801,405,175,294.28. SHUPE paigning for her son (and city alderman) Today, it is $15,413,030,984,842.14. We’ve Jantry Shupe, teaching ceramic painting at an added $10,611,625,809,547.86 dollars to our HON. DAVID P. ROE assisted living community, or pursuing her debt in 16 years. This is $10 trillion in debt our OF TENNESSEE hobby of taking photographs with celebrities. nation, our economy, and our children could IN THE HOUSE OF REPRESENTATIVES Mrs. Shupe’s vibrant spirit continues to shine have avoided with balanced budget amend- as it has her entire life. Friday, February 17, 2012 As of February 11, Mrs. Shupe is now 80 ment. Mr. ROE of Tennessee. Mr. Speaker, I rise years young, and I am proud to honor her on today to bring recognition to a special lady the occasion of this milestone birthday.

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HIGHLIGHTS Senate agreed to the conference report to accompany H.R. 3630, Middle Class Tax Relief and Job Creation Act. House agreed to the Conference Report to accompany H.R. 3630, Middle Class Tax Relief and Job Creation Act. Senate By 54 yeas to 42 nays (Vote No. 20), three-fifths Chamber Action of those Senators duly chosen and sworn, not having Routine Proceedings, pages S879–1023 voted in the affirmative, Senate rejected the motion Measures Introduced: Eight bills were introduced, to close further debate on Reid Amendment No. as follows: S. 2123–2130. Page S909 1633 (listed above). Page S886 Measures Passed: Reid Amendment No. 1636 (to (the instructions) Amendment No. 1635), of a perfecting nature, fell World Choir Games Month: Committee on For- when Reid Motion to recommit the bill to the Com- eign Relations was discharged from further consider- mittee on Environment and Public Works, with in- ation of S. Res. 325, recognizing the 2012 World structions, Reid Amendment No. 1635, was with- Choir Games in Cincinnati, Ohio, as a global event drawn. Page S885 of cultural significance to the United States and ex- Reid Amendment No. 1637 (to Amendment No. pressing support for designation of July 2012 as 1636), of a perfecting nature, fell when Reid World Choir Games Month in the United States, Amendment No. 1636 (to (the instructions) Amend- and the resolution was then agreed to. Pages S1019–20 ment No. 1635), fell. Page S885 Condemning Violence against the Syrian People: Reid Amendment No. 1634 (to Amendment No. Senate agreed to S. Res. 379, condemning violence 1633), to change the enactment date, fell when Reid by the Government of Syria against the Syrian peo- Amendment No. 1633, was withdrawn. Page S885 ple. Pages S1020–21 Conference Reports: Measures Considered: Middle Class Tax Relief and Job Creation Act: Moving Ahead for Progress in the 21st Century: By 60 yeas to 36 nays (Vote No. 22), Senate agreed Senate continued consideration of S. 1813, to reau- to the conference report to accompany H.R. 3630, to thorize Federal-aid highway and highway safety con- extend the payroll tax holiday, unemployment com- struction programs, taking action on the following pensation, Medicare physician payment, provide for amendments proposed thereto: Pages S885–86, S892 the consideration of the Keystone XL pipeline. Pending: Pages S888–92 Reid Amendment No. 1730, of a perfecting na- Authorizing Leadership To Make Appoint- ture. Page S892 ments—Agreement: A unanimous-consent agree- Withdrawn: ment was reached providing that, notwithstanding Reid Motion to recommit the bill to the Com- the upcoming recess or adjournment of the Senate, mittee on Environment and Public Works, with in- the President of the Senate, the President pro tem- structions, Reid Amendment No. 1635, to change pore, and the Majority and Minority Leaders be au- the enactment date. Page S885 thorized to make appointments to commissions, Reid Amendment No. 1633, of a perfecting na- committees, boards, conferences, or interparliamen- ture. Page S885 tary conferences authorized by law, by concurrent ac- During consideration of this measure today, Senate tion of the two Houses, or by order of the Senate. also took the following action: Page S1020 D136

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Signing Authority—Agreement: A unanimous- Routine lists in the Air Force, Army, Foreign consent agreement was reached providing that from Service, Marine Corps, and Navy. Pages S1021–23 Friday, February 17, 2012 through Monday, Feb- Nominations Received: Senate received the fol- ruary 27, 2012, the Majority Leader be authorized to lowing nominations: sign duly enrolled bills or joint resolutions. Major General John Peabody, United States Army, Page S1020 to be a Member and President of the Mississippi Pro Forma—Agreement: A unanimous-consent River Commission. agreement was reached providing that Senate adjourn C. Peter Mahurin, of Kentucky, to be a Member until 12 p.m., on Tuesday, February 21, 2012 and of the Board of Directors of the Tennessee Valley convene for a pro forma session only with no busi- Authority for a term expiring May 18, 2016. ness conducted and that following the pro forma ses- Mark A. Pekala, of Maryland, to be Ambassador sion, Senate adjourn until 11 a.m., on Friday, Feb- to the Republic of Latvia. ruary 24, 2012 and convene for a pro forma session Richard B. Norland, of Iowa, to be Ambassador to only with no business conducted and that following Georgia. the pro forma session, Senate adjourn until 2 p.m., Jeffrey D. Levine, of California, to be Ambassador on Monday, February 27, 2012. Page S1021 to the Republic of Estonia. Message from the President: Senate received the Makila James, of the District of Columbia, to be following message from the President of the United Ambassador to the Kingdom of Swaziland. States: Carlos Pascual, of the District of Columbia, to be Transmitting, pursuant to law, the Economic Re- an Assistant Secretary of State (Energy Resources). port of the President dated February 2012 with the Erica Lynn Groshen, of New York, to be Commis- Annual Report of the Council of Economic Advisers sioner of Labor Statistics, Department of Labor, for for 2012; which was referred to the Joint Economic a term of four years. Page S1021 Committee. (PM–41) Pages S906–07 Messages from the House: Page S907 Brodie Nomination—Agreement: A unanimous- Measures Placed on the Calendar: Pages S879, S907 consent-time agreement was reached providing that Executive Reports of Committees: Pages S907–09 at 4:30 p.m., on Monday, February 27, 2012, Senate will begin consideration of the nomination of Margo Additional Cosponsors: Pages S909–10 Kitsy Brodie, of New York, to be United States Dis- Statements on Introduced Bills/Resolutions: trict Judge for the Eastern District of New York; Pages S910–12 that there be 60 minutes for debate equally divided Amendments Submitted: Pages S912–1019 in the usual form; that upon the use or yielding back of time, Senate vote without intervening action Record Votes: Three record votes were taken today. or debate on confirmation of the nomination; and (Total—22) Page S886, S888, S892 that no further motions be in order. Page S1019 Adjournment: Senate convened at 10 a.m. and ad- Nominations Confirmed: Senate confirmed the fol- journed at 2:27 p.m., until 12 p.m. on Tuesday, lowing nominations: February 21, 2012. (For Senate’s program, see the re- By 62 yeas to 34 nays (Vote No. EX. 21), Jesse marks of the Majority Leader in today’s Record on M. Furman, of New York, to be United States Dis- page S1021.) trict Judge for the Southern District of New York. pages S886–88 Committee Meetings A unanimous-consent agreement was reached pro- viding that the previously scheduled vote on the mo- (Committees not listed did not meet) tion to invoke cloture on the nomination, be with- drawn. Page S886 BUSINESS MEETING 34 Air Force nominations in the rank of general. Committee on Armed Services: Committee ordered favor- 85 Army nominations in the rank of general. ably reported the nomination of Mark William 7 Marine Corps nominations in the rank of gen- Lippert, of Ohio, to be an Assistant Secretary of De- eral. fense, and 2,432 nominations in the Army, Navy, 6 Navy nominations in the rank of admiral. Air Force, and Marine Corps.

VerDate Mar 15 2010 05:24 Feb 18, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D17FE2.REC D17FEPT1 jbell on DSK7SPTVN1PROD with DIGEST D138 CONGRESSIONAL RECORD — DAILY DIGEST February 17, 2012 House of Representatives the case of United States of America v. Clemens, No. Chamber Action 1:10-cr-00223—RBW (D.D.C.). Page H928 Public Bills and Resolutions Introduced: 15 pub- Meeting Hour: Agreed that when the House ad- lic bills, H.R. 4071–4085; and 9 resolutions, H.J. journs today, it adjourn to meet at 12 noon on Tues- Res. 104; H. Con. Res. 103–104; and H. Res. day, February 21st; when the House adjourns on 556–561 were introduced. Pages H943–44 that day, it adjourn to meet at 10 a.m. on Friday, Additional Cosponsors: Pages H944–45 February 24th; and when the House adjourns on that Report Filed: A report was filed today as follows: day, it adjourn to meet at 2 p.m. on Monday, Feb- H.R. 1433, to protect private property rights, ruary 27th. Page H928 with an amendment (H. Rept. 112–401). Page H943 Presidential Message: Read a message from the Journal: The House agreed to the Speaker’s approval President wherein he transmitted to Congress the Economic Report of the President—referred to the of the Journal by voice vote. Pages H905, H927 Joint Economic Committee and ordered to be print- Middle Class Tax Relief and Job Creation Act— ed (H. Doc. 112–77). Pages H938–39 Conference Report: The House agreed to the con- Senate Message: Message received from the Senate ference report to accompany H.R. 3630, to provide today appears on page H935. incentives for the creation of jobs, to provide incen- tives for the creation of jobs, by a yea-and-nay vote Quorum Calls—Votes: One yea-and-nay vote de- of 293 yeas to 132 nays, Roll No. 72. Pages H907–27 veloped during the proceedings of today and appears H. Res. 554, the rule providing for consideration on page H927. There were no quorum calls. of the conference report, was agreed to by voice vote Adjournment: The House met at 9 a.m. and ad- after the previous question was ordered without ob- journed at 2:08 p.m. jection. Page H926 Committee on Ethics—Communication: Read a Committee Meetings letter from Chairman Bonner wherein he trans- APPROPRIATIONS—FOREST SERVICE mitted, pursuant to rule XI, clause 3(b)(5) and Com- mittee Rule (9)(e), and with the unanimous approval Committee on Appropriations: Subcommittee on Inte- of the Committee on Ethics, a written request for rior, Environment, and Related Agencies held a the appointment of six substitute Members, neces- hearing on FY 2013 budget request for the Forest Service. Testimony was heard from Tom Tidwell, sitated by voluntary recusals, to serve for any Com- Chief, Forest Service. mittee proceeding related to the Matter of Rep- resentative Maxine Waters currently before the Com- APPROPRIATIONS—DEPARTMENT OF mittee on Ethics. Pages H927–28 AGRICULTURE Committee on Ethics—Speaker’s Designation: Committee on Appropriations: Subcommittee on Agri- Pursuant to clause 3(b)(5) of rule XI, the Chair an- culture, Rural Development, Food and Drug Admin- nounced the Speaker’s designation of the following istration, and Related Agencies held a hearing on FY Members to act in any proceeding of the Committee 2013 budget request Department of Agriculture. on Ethics relating to the Matter of Representative Testimony was heard from the following officials of Maxine Waters: Representatives Goodlatte, LaTou- the Department of Agriculture: Thomas Vilsack, rette, Simpson, Capito, Griffin (AR), and Sarbanes. Secretary; Kathleen Merrigan, Deputy Secretary; Jo- Page H928 seph Glauber, Chief Economist; and Michael Young, Budget Officer. Directing the Clerk of the House of Representa- tives to provide a copy of the on-the-record por- NATIONAL DEFENSE AUTHORIZATION tions of the audio backup file of the deposition BUDGET REQUEST—DEPARTMENT OF THE of William R. Clemens: The House agreed to H. ARMY Res. 558, directing the Clerk of the House of Rep- Committee on Armed Services: Full Committee held a resentatives to provide a copy of the on-the-record hearing on FY 2013 National Defense Authorization portions of the audio backup file of the deposition Budget Request from the Department of the Army. of William R. Clemens that was conducted by the Testimony was heard from John McHugh, Secretary, Committee on Oversight and Government Reform Department of the Army; and Raymond Odierno, on February 5, 2008, to the prosecuting attorneys in Chief of Staff, U.S. Army.

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LITIGATION AS A PREDATORY PRACTICE governmental Relations and Procurement Reform Committee on the Judiciary: Subcommittee on Intellec- held a hearing entitled ‘‘How Much is Too Much? tual Property, Competition and the Internet held a Examining Duplicative IT Investments at DOD and hearing entitled ‘‘Litigation as a Predatory Practice.’’ DOE.’’ Testimony was heard from David Powner, Testimony was heard from public witnesses. Director, Information Technology Management Issues, Government Accountability Office; Teresa LEGISLATIVE MEASURES Takai, Chief Information Officer, Department of De- Committee on Natural Resources: Subcommittee on En- fense; Richard Spires, Chief Information Officer, De- ergy and Mineral Resources held a hearing on H.R. partment of Homeland Security; and Michael W. 785, to amend the Surface Mining Control and Rec- Locatis III, Chief Information Officer, Department of lamation Act of 1977 to clarify that uncertified Energy. States and Indian tribes have the authority to use certain payment for certain noncoal reclamation OVERVIEW OF ADMINISTRATION’S projects. Testimony was heard from Representatives FEDERAL RESEARCH AND DEVELOPMENT Pearce and Luja´n; Al Whitehouse, Chief of Reclama- BUDGET FOR FY 2013 tion Support, Office of Surface Reclamation and En- Committee on Science, Space, and Technology: Full Com- forcement; and public witnesses. mittee held a hearing entitled ‘‘An Overview of the FISH AND WILDLIFE SERVICE’S Administration’s Federal Research and Development COMPREHENSIVE CONSERVATION PLAN Budget for Fiscal Year 2013.’’ Testimony was heard AND ITS IMPACT ON CHINCOTEAGUE, from John P. Holdren, Director, Office of Science VIRGINIA and Technology Policy. Committee on Natural Resources: Subcommittee on Fisheries, Wildlife, Oceans and Insular Affairs held Joint Meetings a hearing entitled ‘‘Fish and Wildlife Service’s Pro- No joint committee meetings were held. posed Comprehensive Conservation Plan and its Po- f tential Devastating Impact on the Economy of the Town of Chincoteague, Virginia.’’ Testimony was COMMITTEE MEETINGS FOR TUESDAY, heard from Wendi Weber, Regional Director, Fish FEBRUARY 21, 2012 and Wildlife Service; Jack Tarr, Mayor, Chin- (Committee meetings are open unless otherwise indicated) coteague, Virginia; and public witnesses. Senate EXAMINING DUPLICATIVE IT No meetings/hearings scheduled. INVESTMENTS AT DOD AND DOE Committee on Oversight and Government Reform: Sub- House committee on Technology, Information Policy, Inter- No hearings are scheduled.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 12 p.m., Tuesday, February 21 12 p.m., Tuesday, February 21

Senate Chamber House Chamber Program for Tuesday: Senate will meet in a pro forma Program for Tuesday: The House will meet in pro session. forma session at 12 noon.

Extensions of Remarks, as inserted in this issue

HOUSE Costa, Jim, Calif., E230 Peters, Gary C., Mich., E225 Denham, Jeff, Calif., E227 Renacci, James B., Ohio, E228 Amodei, Mark E., Nev.,E233 Edwards, Donna F., Md., E230 Richmond, Cedric L., La., E223 Berkley, Shelley, Nev., E228 Gerlach, Jim, Pa., E223 Roe, David P., Tenn., E228, E234 Biggert, Judy, Ill., E226 Heinrich, Martin, N.M., E234 Schiff, Adam B., Calif., E229 Bishop, Sanford D., Jr., Ga., E230 Honda, Michael M., Calif., E231 Serrano, Jose´ E., N.Y., E228 Boren, Dan, Okla., E224 Johnson, Timothy V., Ill., E229, E231 Brown, Corrine, Fla., E227, E232 Larson, John B., Conn., E225 Shuster, Bill, Pa., E227 Castor, Kathy, Fla., E225, E230 Maloney, Carolyn B., N.Y., E233 Smith, Christopher H., N.J., E224 Cleaver, Emanuel, Mo., E232 Marchant, Kenny, Tex., E226 Thompson, Bennie G., Miss., E226 Coffman, Mike, Colo., E234 Mulvaney, Mick, S.C., E232 Visclosky, Peter J., Ind., E223 Connolly, Gerald E., Va., E232, E233 Olver, John W., Mass., E232 Young, C.W. Bill, Fla., E225, E229

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