Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 112 CONGRESS, SECOND SESSION

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, THURSDAY, JUNE 28, 2012 No. 99 House of Representatives The House met at 10 a.m. and was other than the majority and minority heard this term, ‘‘Benedict Arnold called to order by the Speaker pro tem- leaders and the minority whip limited CEOs’’ who were sending good U.S. jobs pore (Mr. HARPER). to 5 minutes each, but in no event shall overseas. f debate continue beyond 11:50 a.m. The McKinsey Global Institute did an f in-depth analysis of the effect of out- DESIGNATION OF SPEAKER PRO sourcing to see what impact it was ac- TEMPORE GLOBALLY ENGAGED tually having on our economy. What The SPEAKER pro tempore laid be- The SPEAKER pro tempore. The they found was very interesting. They fore the House the following commu- Chair recognizes the gentleman from found that companies that utilize out- nication from the Speaker: California (Mr. DREIER) for 5 minutes. sourcing as a component of their busi- WASHINGTON, DC, Mr. DREIER. Mr. Speaker, I know ness plans enjoy new export opportuni- June 28, 2012. that what I’m about to say may be seen ties, increased productivity, and sig- I hereby appoint the Honorable GREGG as heresy by many—or at least nificant cost savings, all of which sup- HARPER to act as Speaker pro tempore on counterintuitive—but, Mr. Speaker, port new investment in the United this day. this statement is based in fact: out- States and greater job creation right JOHN A. BOEHNER, sourcing is not decimating our econ- here at home. Furthermore, the jobs Speaker of the House of Representatives. omy. If we take a step back and look at that are created by globally engaged f the big picture, setting aside dema- companies tend to be higher-skill, COMMUNICATION FROM THE goguery and knee-jerk reactions, we higher-waged jobs than those created CLERK OF THE HOUSE see that engagement with the world- by their nonglobally engaged counter- wide marketplace is a positive thing The SPEAKER pro tempore laid be- parts. for our economy and our shared quest Mr. Speaker, the findings of the fore the House the following commu- to create good American jobs. McKinsey report are only buttressed by nication from the Clerk of the House of Being globally engaged takes many my own firsthand experience. I’ll never Representatives: forms. It includes exporting our goods forget, several years ago I was in HOUSE OF REPRESENTATIVES, overseas. It includes imports. It in- Kathmandu visiting one of those call Washington, DC, June 27, 2012. cludes complex supply chains that centers. Now, many would have viewed Hon. JOHN A. BOEHNER, The Speaker, U.S. Capitol, House of Representa- allow us to maximize comparative ad- that call center as a symbol of tives, Washington, DC. vantage and productivity on a global outsourced jobs, and yet when I looked DEAR MR. SPEAKER: Pursuant to the per- scale. It demands innovation, cre- around, I found U.S. companies right mission granted in Clause 2(h) of rule II of ativity, and adaptability. This is all there. I’m not claiming that all of the Rules of the U.S. House of Representa- part of the dynamic worldwide market- these products were manufactured tives, the Clerk received the following mes- place, and it does not constitute a zero right here in the United States, but sage from the Secretary of the Senate on sum game. many were manufactured here in this June 27, 2012 at 9:12 a.m.: If a U.S. manufacturer can lower That the Senate concur in the House hemisphere. They had names on them amendment to the bill S. 3187. costs by importing some of their raw like Carrier air conditioners. There was With best wishes, I am materials, increasing their competi- a Westinghouse refrigerator there, Dell Sincerely, tiveness and hiring more U.S. workers computers, and AT&T telephones. KAREN L. HAAS. as a result, our job market improves. Rather than stealing jobs from Ameri- f American workers benefit. By the same cans and this hemisphere, this call cen- token, if a company can tap into other ter epitomized the very way that glob- MORNING-HOUR DEBATE labor markets, becoming more com- al engagement benefits us all. The SPEAKER pro tempore. Pursu- petitive in the process and then hiring It is simply inaccurate to claim that ant to the order of the House of Janu- more U.S. workers as a result, we can every job created overseas destroys a ary 17, 2012, the Chair will now recog- all benefit. job here in the United States, and it nize Members from lists submitted by This is not a hypothetical scenario. completely misses the point. Rather the majority and minority leaders for We have the data that demonstrates than demonizing those who are trying morning-hour debate. the clear benefits of engaging in the to build competitive companies that The Chair will alternate recognition worldwide marketplace. The last time grow our economy and create oppor- between the parties, with each party the issue of outsourcing became a po- tunity for Americans, we should be limited to 1 hour and each Member litical flash point was in 2004. We often looking at what we can do to attract

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.

H4159

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H4160 CONGRESSIONAL RECORD — HOUSE June 28, 2012 investment here to the United States. the word of the accuser and the ac- I called for a hearing into the We should be looking at what we can cused, the instructor against the train- Lackland scandal because we need to do to empower entrepreneurs to revi- ee. In the military, this usually means know once and for all why instructors talize our economy and restore our job the perpetrator gets off or receives a have been permitted to abuse power so market. disproportionately small punishment, freely. And we need to know from top Mr. Speaker, attacking private enter- and the victim endures an arduous and brass that the phrase ‘‘zero tolerance prise won’t create a single job here or humiliating legal process with little for sexual assault in the military’’ is a elsewhere. In fact, the danger of isola- sense of justice at the end. fact, not a talking point. Every day more disgusting news is tionist, mercantilist rhetoric is that it f can spawn bad policy that further sti- unearthed about Lackland. Everyone fles innovation and economic growth. wants to know: What is being done RECESS about it? If we want to have a constructive de- The SPEAKER pro tempore. Pursu- bate that leads to policies that will en- This scandal is remarkably similar to the Aberdeen scandal that rocked the ant to clause 12(a) of rule I, the Chair courage growth and job creation, we declares the House in recess until noon need to look at the facts, and the facts Army in the 1990s. Fifteen years ago, a Republican-led Senate held a hearing today. are very simple. Engaging globally Accordingly (at 10 o’clock and 12 through exports, imports, outsourcing, on a sex scandal at the Aberdeen Prov- ing Ground in Maryland. minutes a.m.), the House stood in rein-sourcing, and all the many ways of cess. tapping into the dynamic, competitive b 1010 f worldwide marketplace is the best way The Army brought charges against 12 to get Americans back to work. instructors for sexual assault on fe- b 1200 Mr. Speaker, I urge my colleagues male trainees under their command. not to succumb to the politically expe- Nearly 50 women made sexual abuse AFTER RECESS dient but economically damaging rhet- charges, including 26 rape accusations. The recess having expired, the House oric of isolationism. One instructor was cleared. The re- was called to order by the Speaker at f maining 11 were either convicted at noon. STOP MILITARY RAPE court martial or punished administra- f tively. The SPEAKER pro tempore. The In an interview about the scandal, PRAYER Chair recognizes the gentlewoman from then-Assistant Secretary of Defense Reverend Greg Lafferty, Willowdale California (Ms. SPEIER) for 5 minutes. Kenneth Bacon said: Chapel, Kennett Square, Pennsylvania, Ms. SPEIER. Mr. Speaker, I rise to The issue here is the relationship between implore this body to finally take mean- offered the following prayer: a trainer and a trainee. The Army regula- Lord God, we bless You this day for ingful action to end the epidemic of tions bar intimate relationships between rape and sexual assault in the military. trainers and trainees, between drill ser- You are good. You make Your Sun rise For 25 years, Congress has held dra- geants and trainees, because they are on the evil and the good; You let Your matic hearings on this issue. It has fraught with misuse of power, with misuse of rain fall on the just and the unjust. influence, or the possibilities of misuse of You give all people everywhere life rocked the military branches. Com- power and influence. mittee members have beat their chests and breath and everything. Yet we rec- This may be hard for some in the ci- and demanded answers from decorated ognize that in this great Nation, we are vilian world to relate to, but it is the generals and military leaders who tes- among the most blessed. constant reality within our Armed tified. Congress demanded reports. You’ve granted us freedom and abun- Forces. It is ingrained in our military These reports were provided and are dance, safety and security, the rule of servicemen and -women to follow the now gathering dust on shelves around law, and neighborly love. orders of their chain of command and Washington, D.C. Guide us, Lord, that we may steward never disobey. these good gifts for the benefit of all. The time for reports is over. Now it’s Here is an except from a 1996 inter- time for action to solve this problem. And today, Lord, grant this House of view with an Army recruit who was Representatives the wisdom, humility, The solution is to take the reporting raped by her instructor at Aberdeen. and investigation of cases of rape and and diligence to govern well, that in The victim, a South Carolina native some measure good might overcome sexual assault out of the military who joined the Army in December of chain of command and place them in a evil, beauty might outshine ugliness, 1995 as a way to pay for college, said and love might undo hate. And in this, separate office independent of the her instructor once ordered her to the chain of command with the authority Lord, may You be honored and may our bathroom. ‘‘A few minutes later he Nation dwell in deeper peace and safe- to investigate and prosecute within the came in behind me, and that’s when he military. ty. started to tell me to do certain Amen. Last week I called for the House things,’’ she said. ‘‘To disrobe?’’ Asked Armed Services Committee to hold a the reporter. ‘‘Mm-hmm,’’ she said. She f hearing on the widespread sex scandal said she never screamed, never said THE JOURNAL at Lackland Air Force Base in San An- ‘‘no,’’ only that she was traumatized. tonio, Texas. No hearing date has been ‘‘When you had sex in the bathroom, The SPEAKER. The Chair has exam- set. was it something you wanted,’’ the re- ined the Journal of the last day’s pro- The charges of rape, assault, and sod- porter asked. ‘‘No,’’ Bleckley said. ceedings and announces to the House omy leveled against six instructors at Nothing has changed. his approval thereof. Lackland are astonishing. One instruc- Last month in Texas, two victims Pursuant to clause 1, rule I, the Jour- tor is accused of raping or assaulting 10 were asked if they resisted when their nal stands approved. victims, and another confessed to hav- Air Force training instructor lured f ing sexual relationships with another them into a dark supply room to have 10 victims of his own. Yesterday we sex. ‘‘No,’’ they said. They froze. PLEDGE OF ALLEGIANCE learned that 12 instructors are under What is happening at Lackland Air The SPEAKER. Will the gentle- investigation for sexual misconduct Force Base is no different than what woman from New York (Mrs. MALONEY) with trainees and that a criminal in- happened at Aberdeen Proving Ground come forward and lead the House in the vestigation is ongoing on four different 15 years ago. After that scandal, we Pledge of Allegiance. Air Force bases now. heard assurances about how seriously Mrs. MALONEY led the Pledge of Al- Like many cases of rape and sexual the crimes were taken and how ‘‘we’re legiance as follows: assault, the perpetrators are not deny- going to get to the bottom of this prob- I pledge allegiance to the Flag of the ing that they engaged in sexual mis- lem.’’ Yet clearly the military is un- United States of America, and to the Repub- conduct; they simply contend that the able to police itself on matters of rape lic for which it stands, one nation under God, sex was consensual. It comes down to and sexual assault. indivisible, with liberty and justice for all.

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE June 28, 2012 CONGRESSIONAL RECORD — HOUSE H4161 WELCOMING REVEREND GREG In conclusion, God bless our troops, Ms. CHU. If you want proof that Con- LAFFERTY and we will never forget September the gress is dysfunctional, that it is put- The SPEAKER. Without objection, 11th in the global war on terrorism. ting partisanship ahead of all else, look the gentleman from Pennsylvania (Mr. f no further than today’s vote to hold PITTS) is recognized for 1 minute. Attorney General Holder in contempt. HONOR THE CATHOLIC SISTERS There was no objection. In office, Holder has tirelessly pur- Mr. PITTS. Mr. Speaker, it is an (Mr. HIGGINS asked and was given sued justice for all communities. He honor today to have Greg Lafferty, permission to address the House for 1 has helped prevent mortgage fraud, senior pastor of my home church, minute and to revise and extend his re- fought gang violence, protected intel- Willowdale Chapel, open us in prayer marks.) lectual property rights, and worked to today. Mr. HIGGINS. Mr. Speaker, I re- ensure every American has the right to Greg studied at Wheaton College and cently added my name to a resolution vote. We should let the Attorney Gen- Golden Gate Baptist Theological Semi- introduced by Representative ROSA eral enforce our Nation’s laws, not nary. He was ordained at Saddleback DELAURO to honor the Catholic sisters make his job harder. Church in Mission Viejo, California, for their contributions to this country The contempt vote against Holder is where he served as a teaching pastor and to my community. unprecedented, unjustified, and un- under Rick Warren. I grew up in the shadows of the founded. Never in the 223-year history Under Greg, the church has grown Mercy Convent of south Buffalo, New of the House have we held an Attorney dramatically. In his time as our pastor, York. The sisters came to Buffalo in General in contempt. Yet, today, we he has made our church much more ac- 1858, started hospitals to heal the sick, will do just that in this ridiculous par- tive in our community and engaged schools to teach the ignorant, and to tisan stunt. around the world. One example is the help all of us see the gifts of God’s Congress should be creating jobs, not work with Hope International, touch- presence in a changing world. wasting taxpayer money putting on a ing lives in the Congo through micro- The sisters take a vow of poverty and political sideshow during an election enterprise development. The efforts of obedience to serve God and God’s peo- year. the church have been multiplied and ple, particularly women and children. f The Vatican says that the sisters are improved in many ways under Greg’s CONGRATULATING EDNA YODER failing to uphold the Catholic doctrine leadership. He has helped our church ON HER 101ST BIRTHDAY show the love of Christ in our commu- and appointed three bishops to rein nity in new ways and around the world. them in. The sisters reject the Vati- (Mr. YODER asked and was given Greg has been married to his wife, can’s assessment of their life work and permission to address the House for 1 Deane, for 28 years. She joins us in the vow to fight. minute and to revise and extend his re- balcony. They have three children to- In scripture, Jesus says: ‘‘Whatever marks.) gether: Kelsey, Krista, and Ryan. you do to the least of my brothers and Mr. YODER. Mr. Speaker, I rise It is a great honor to have Greg and sisters, you do for me.’’ The sisters are today to take a special moment to rec- Deane and have Greg open our Cham- doing God’s work with courage, convic- ognize the birthday of a very special ber today with the opening prayer. tion, and selflessness. American. Today marks the 101st May God’s guiding wisdom continue birthday of my grandmother, Edna f to inspire their good works. Yoder. Born in 1911, my grandmother was ANNOUNCEMENT BY THE SPEAKER f PRO TEMPORE raised on a Kansas farm with her many The SPEAKER pro tempore (Mr. WALTER ZABEL brothers and sisters. Work was hard, and she did her part to raise livestock, WOMACK). The Chair will entertain 15 (Mr. ISSA asked and was given per- further requests for 1-minute speeches mission to address the House for 1 grow wheat, and help feed America. on each side of the aisle. minute and to revise and extend his re- I take great pride in my grandmother and those in her generation. Hard f marks.) Mr. ISSA. Mr. Speaker, today many work, determination, a focus on fam- JOBS WILL BE DESTROYED will address the House here and later in ily, and deep religious conviction were the values that she and others upheld (Mr. WILSON of South Carolina the day on subjects of great current as they worked to build the most pros- asked and was given permission to ad- importance, certainly the upholding of perous Nation the world has ever seen. dress the House for 1 minute and to re- the President’s health care initiative Today on her birthday, my grand- vise and extend his remarks.) and, certainly, in fact, the contempt mother is a vibrant and healthy 101- Mr. WILSON of South Carolina. Mr. vote we’re going to hear in a few min- year-old. She has an infectious laugh, a Speaker, today’s decision by the Su- utes. cheery disposition, and is kind to ev- preme Court is extremely dis- But this moment belongs to the peo- eryone she meets. Her love of quilting, appointing, undermining limited gov- ple of San Diego. Walter Zabel died the ‘‘Lawrence Welk Show,’’ and, of ernment and expanded freedom. The this week at 97. Normally, when some- course, board games and bingo keep her decision reveals ObamaCare as a huge one dies at 97, they have long since re- time occupied and keep her young at tax increase on middle class taxpayers, tired. He, on the other hand, was still heart. destroying jobs. We should have health the inspiration for Cubic Corporation, Grandma, you are an inspiration, and care based on doctor-patient relation- a company he founded that did so much we are proud today to congratulate you ships rather than politician-patient re- for our national defense over his 50- on the celebration of your 101st birth- lationships. plus years at its helm. We cannot for- day. I agree with the National Federation get he was in the office less than a of Independent Business that 1.6 mil- week ago. He was still providing stew- f lion jobs are now at risk and small ardship, still receiving the technical b 1210 businesses cannot make plans for the benefits of his engineers, and still mak- future, which destroys more jobs. ing sure that America was safe. KITTINGER FURNITURE House Republicans will continue to Today in San Diego is Walter Zabel (Ms. HOCHUL asked and was given work to repeal the government health Day. It is not a day for the other dis- permission to address the House for 1 care takeover law. We will remain fo- cussions of the House. minute and to revise and extend her recused on enacting commonsense legis- f marks.) lation that will preserve the doctor-pa- Ms. HOCHUL. Mr. Speaker, last Octo- tient relationship, provide every Amer- POLITICAL SIDESHOW ber, I stood here and spoke out against ican the access they need to health (Ms. CHU asked and was given per- the new free trade agreements that care, and promote jobs in the private mission to address the House for 1 would have continued to add to the sector. minute.) damage done to the manufacturers in

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H4162 CONGRESSIONAL RECORD — HOUSE June 28, 2012 my district that was done by NAFTA a Committee that actually drafted this Let’s get on with the unfinished busi- decade ago. I mentioned a woman I had bill. I read it many times, and I actu- ness of helping create more jobs and met at the Buffalo Airport who, after ally had a lot of amendments. putting a Nation of healthy Americans 23 years working in a textile factory, The Affordable Care Act has already back to work. was now selling energy drinks because benefited millions of Americans and f her jobs had been shipped south and will continue to help those who are in A TRIBUTE TO DR. WENDY WAYNE then overseas. the greatest of need—children, young That’s why I am fighting for policies adults, people with preexisting condi- (Mr. COSTA asked and was given per- that support making it in America. tions, and our seniors. In my own con- mission to address the House for 1 And that is why I am so proud that a gressional district in Texas, this is par- minute and to revise and extend his re- company—Kittinger Furniture, a com- ticularly important because we have marks.) pany that makes furniture that’s found one of the highest rates of uninsured Mr. COSTA. Mr. Speaker, I rise today today in the White House—is being rec- individuals in the country. to pay tribute to the life of Dr. Wendy ognized by the 2012 Best: Made in Our Constitution gives the U.S. Su- Wayne, who passed away on June 17, America Award in recognition to their preme Court the job to be the decider 2012, at the age of 64 after fighting a strong commitment to American man- on what is constitutional. The Afford- courageous 4-year battle with non- ufacturing. able Care Act is constitutional. Just Hodgkin’s lymphoma. Wendy was a loving wife and mother, This Congress must work together to like Social Security and Medicare, now a committed activist and respected level the playing field for domestic it’s the law of this great Nation. community leader who touched the businesses like Kittinger Furniture f lives of many. Wendy led a courageous against unfair competition, particu- TODAY IS A GREAT DAY and energetic life filled with love and larly from China. The American Gov- adventure. She joined the Peace Corps ernment and American consumers (Mr. COHEN asked and was given permission to address the House for 1 at an early age and served in Kenya. As must commit to buying American so a seasoned traveler, Wendy swam the we can have more success stories like minute and to revise and extend his remarks.) Earth’s five oceans. Kittinger’s. Her work as an educator, a nurse, and Mr. COHEN. Mr. Speaker, today is a f a community leader demonstrated her great day. It’s a great day for children dedication to fostering and preserving WINDMILL OF WILLFUL WASTE who want to stay on their parents’ and improving the health and safety of (Mr. POE of Texas asked and was health insurance until they’re 26—or children throughout the world. And her given permission to address the House parents who want their children on compassion and concern for the com- for 1 minute and to revise and extend their health insurance until they’re 26. munity also served as a testament to his remarks.) It’s a great day for seniors that are her extraordinary character. Mr. POE of Texas. Mr. Speaker, Sec- concerned about the doughnut hole, for Wendy Wayne’s unwavering loyalty retary Clinton is giving away $2 billion women who have been discriminated to Kern County and her commitment of taxpayer money for green energy de- against in health care, for all people to the well-being of future generations velopment in third-world countries. who don’t want to have copays for pre- will ensure that her legacy will live on. This isn’t money for vaccines. This ventative care. It’s a great day for peo- She stands as a role model for her fam- isn’t money for clean water. This isn’t ple who don’t want lifetime caps on ily, her friends, and all that knew and money to help child hunger. This is their insurance or to be denied because worked with her. money for green energy. of preexisting conditions. And it’s a And we will all miss her. I will miss Don’t we need to make sure that peo- great day for America because the rule my dear friend Wendy Wayne. ple have electricity before we worry of law has been upheld. about what kind of light bulb they are Justice Roberts rightfully ruled that f using? People are starving, being ran- this was appropriate and constitu- IN OPPOSITION TO THE ATTORNEY sacked by terrorists, taken away as tional. Let us not forget Justices Gins- GENERAL CONTEMPT VOTE child soldiers, and dying of preventible burg and Sotomayor and Kagan and (Ms. FUDGE asked and was given diseases like diarrhea. So our govern- Breyer, the five Justices who upheld permission to address the House for 1 ment decided the best use of taxpayer the Supreme Court belief that the minute and to revise and extend her re- money was to put billions in those American people have that it is a rule marks.) countries for green energy. of law and that the Court is not polit- Ms. FUDGE. Mr. Chairman, today I Our government wasted millions of ical. rise to speak in opposition to the taxpayer dollars on phony loans for It was a great day for American House resolution to hold Attorney Gen- green energy right here in the United health care and for American law and eral Eric Holder in contempt of Con- States to companies like Solyndra. jurisprudence. gress. Congress didn’t even approve this $2 f With total disregard of the fact that billion giveaway. the Attorney General and the Depart- TODAY’S VICTORY With all the problems of debt in the ment of Justice have cooperated with United States and disease in other (Mrs. MALONEY asked and was given each inquiry from the House Oversight countries, government is providing permission to address the House for 1 and Government Reform Committee subsidies for green energy. Who would minute.) during the last 15 months, Chairman have thought? The government is out Mrs. MALONEY. Mr. Speaker, today ISSA decided to pursue this extreme of control. More taxpayer money is not a victory for one party or an- and unprecedented action. thrown into the windmill of willful other. It is not a victory for an ide- To take action on this resolution is a waste. ology. It is a victory for the American gross misuse of this Chamber’s time And that’s just the way it is. people and for the millions who had, and energy, given that the information f for years, gone without access to qual- requested by Chairman ISSA will shed ity health care. It is a victory for no light on the person or persons re- THE SUPREME COURT RULING women who will no longer be discrimi- sponsible for the death of Agent Brian (Mr. GENE GREEN of Texas asked nated against in their insurance pre- Terry, and that is where our time and and was given permission to address miums and for preexisting conditions energy should be focused. the House for 1 minute and to revise and for women and children and seniors Instead of wasting the time of the and extend his remarks.) and families. committee, the Department of Justice, Mr. GENE GREEN of Texas. Mr. This is a great day for our country, and the American people with political Speaker, I want to say that I’m proud as we finally join the community of distractions, the House should be ad- of the decision of the United States Su- economically advanced nations that dressing the issues important to the preme Court today. I was proud to see to it that all their citizens have ac- welfare of this country and its people, serve on the Energy and Commerce cess to quality care. and that is jobs.

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE June 28, 2012 CONGRESSIONAL RECORD — HOUSE H4163 THERE HAS NOT BEEN FULL do what you sent us here to do, which AFFORDABLE CARE ACT DECISION COMPLIANCE is to take care of you. (Mr. BUTTERFIELD asked and was (Mr. CHAFFETZ asked and was given given permission to address the House permission to address the House for 1 f for 1 minute.) minute and to revise and extend his re- Mr. BUTTERFIELD. Mr. Speaker, as marks.) b 1220 a former judge of the North Carolina Mr. CHAFFETZ. Mr. Speaker, despite State Supreme Court, I’ve come to the what has been said here, it is the duty WHAT PERCENTAGE OF THE well today to applaud the United and obligation of this body to address a TRUTH? States Supreme Court for its courage duly issued subpoena that has not been (Mr. GOWDY asked and was given and for ruling on the side of constitu- complied with. There has not been full permission to address the House for 1 tionality of the Affordable Care Act. compliance here. There has not been minute.) This is a win, Mr. Speaker, for 48 mil- cooperation here. There has not been a Mr. GOWDY. Mr. Speaker, my ques- lion Americans, Democrats and Repub- willingness to share the information tion is simply this: What percentage of licans alike, who will receive stable, that is found within the Department of the truth do you want? When we’re secure, and affordable health coverage Justice. asked to negotiate; when the Attorney forever. I believe that much of the public con- We have a dead Border Patrol agent. General comes and asks us for an ex- fusion surrounding the bill was because We have more than 200 weapons that traordinary accommodation, whatever Americans outside of the Washington were used to kill people in Mexico. We that means; when we’re asked to com- Beltway simply did not understand have thousands of missing weapons. We promise; my question for our col- what the Affordable Care Act means have an Attorney General who said leagues on the other side of the aisle, for them. So to put it plainly, Ameri- that this Fast and Furious program Mr. Speaker, is this: What percentage was fundamentally flawed. And yet cans can now enjoy coverage without of the truth will you settle for? If you worry or jeopardy, regardless of pre- here we stand today after doing more have ever sat on the other side of the than just bending over backwards for existing conditions. Uninsured young table from parents who have lost a people up to age 26 will be able to re- more than a year, not having been loved one, is 50 percent enough? Is that given the documents that we need, as a ceive coverage. If you become gravely enough of the documents? Seventy-five ill, there are no limits on your bene- body, to make a proper decision. percent? A third? This should be bipartisan in our fits. If you are a woman, you can’t be The truth, the whole truth, so help charged higher premiums. If you need quest to right a wrong. It’s not about me God—that is what we ask witnesses Eric Holder, but it is about the Depart- preventive care, you won’t have a to do, jurors to do, and that’s not too copay or deductible. If you lose your ment of Justice and it is about justice much for us to ask for the Attorney in the United States of America. I am job, you won’t lose your coverage. And General of the United States of Amer- if your employer doesn’t provide cov- proud of the fact that we are bringing ica to do. erage, you will be able to buy it at af- up this contempt. It’s sad that we got to this day. We fordable prices. f The political theater Republicans or- have no other choice. But we, as a chestrated around health care is over. body, as an institution, as a separate HEALTH CARE Congress debated, the Court decided. branch of government, have a duty and (Mr. LARSEN of Washington asked This is done. an obligation, and we are fulfilling that and was given permission to address here today. f the House for 1 minute and to revise WE DESERVE TO KNOW WHAT f and extend his remarks.) HAPPENED WHAT CHANGES HAVE REALLY Mr. LARSEN of Washington. Mr. OCCURRED? Speaker, I rise today to declare that (Mrs. ADAMS asked and was given permission to address the House for 1 (Ms. RICHARDSON asked and was the Supreme Court ruling on the Af- fordable Care Act affirms there’s no minute.) given permission to address the House Mrs. ADAMS. Mr. Speaker, I rise for 1 minute and to revise and extend going back to the health care of 2009 or even to the health care of 1789. Im- today not only as a congressional her remarks.) Member but also a widow of a law en- Ms. RICHARDSON. Mr. Chairman, I provements to health care are taking root right now in this country. That forcement officer who lost his life in come here today because when I was 6 the line of duty. I rise to speak on be- progress must continue. The Supreme years old, in 1968, I saw the hate-filled half of all those families that have lost Court decision today is a welcome vic- work of the civil rights movement, of a loved one in the line of duty, and es- tory for middle class families and bol- laws that needed to be changed. And pecially for Brian Terry and his family. sters the necessary changes taking now I’m here with an opportunity to be The Terry family deserves to know place in health care today. here in Congress, and I kind of wonder what happened. The American people Now we must keep Medicare sustain- what changes have really occurred. deserve to know what happened. And able and affordable by closing the pre- I see today that Chief Justice Rob- Congress deserves to know what hap- scription drug doughnut hole and erts stood, and he did the right thing pened. But let us not forget, Officer cracking down on fraud. Now we must because he ruled on behalf of the Amer- Terry’s family deserves to know what ican people. And I will say that this make sure middle class families have happened. motion that’s going to come forward diverse options for high-quality, afford- I stand here on behalf of all of those will not have bipartisan support of this able health care. Now we must ensure families who have lost law enforcement Member because it’s not done in a bi- that we meet the needs of northwest officers throughout our great Nation in partisan manner. It’s done in a hateful Washington State seniors, veterans, the line of duty. We must not waiver. manner. and families. Northwest Washington We, as a Congress, need to find out And why? has already seen improvement. Seniors what happened so it never happens Because we have an Attorney Gen- in the Second District who were in the again. And that’s something that we eral where this has never been done— doughnut hole have saved more than never should lose sight of. We need to we need to stress that again—never $800 on prescription medications so far make sure that whatever took place, it been done in this Congress, where ma- this year. More than 173,000 people in doesn’t happen again. We should not be terials have been provided, and where northwest Washington State have losing our officers this way. health insurance that covers preven- this committee has failed to accept a f single witness requested by the other tive care without copays or side. That’s not bipartisanship. That’s deductibles. HEALTH CARE VICTORY politics at its worst. It is time to move forward on health (Mr. PALLONE asked and was given I urge the American people to look care. And today, America took a great permission to address the House for 1 and to urge us to get back to work and step. minute.)

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H4164 CONGRESSIONAL RECORD — HOUSE June 28, 2012 Mr. PALLONE. Mr. Speaker, today is RELATING TO CONSIDERATION OF The SPEAKER pro tempore. Is there a great day for the American people. HOUSE REPORT 112–546 AND AC- objection to the request of the gen- The Supreme Court’s decision to up- COMPANYING RESOLUTION, AND tleman from Florida? hold the Affordable Care Act reaffirms PROVIDING FOR CONSIDERATION There was no objection. our Nation’s commitment to make sure OF HOUSE RESOLUTION 706, AU- Mr. NUGENT. Mr. Speaker, I rise that all Americans have access to qual- THORIZING COMMITTEE ON today in support of this rule and the ity, affordable health care and health OVERSIGHT AND GOVERNMENT underlying resolution it brings to the insurance. For the millions of Ameri- REFORM TO INITIATE OR INTER- House floor. cans who have gone without health in- VENE IN JUDICIAL PROCEEDINGS The rule provides for consideration of surance; the seniors who have strug- TO ENFORCE CERTAIN SUB- two contempt of Congress charges laid gled due to inadequate coverage; the POENAS against Attorney General Eric Holder. You’re going to hear a lot of folks say women, children, and young adults Mr. NUGENT. Mr. Speaker, by direc- that have been denied coverage for pre- tion of the Committee on Rules, I call how historic today is. That ‘‘historic- existing conditions, the Court’s ruling up House Resolution 708 and ask for its ness’’ is why the rule provides for de- is not only a victory but a validation immediate consideration. bate and separate votes on both con- that they deserve to have the most The Clerk read the resolution, as fol- tempt charges. The rule also provides basic of human needs met—and that is lows: for a motion to refer the criminal con- IN access to health care. H. RES. 708 tempt charges, if offered by Mr. D - The ACA addressed so many gaps in Resolved, That if House Report 112-546 is GELL, as well as motions to recommit the American health care system, from called up by direction of the Committee on both resolutions. closing the Medicare part D doughnut Oversight and Government Reform: (a) all I don’t assume to put words in his hole to stopping the practice of deny- points of order against the report are waived mouth, but I’m sure and I’m willing to ing those with preexisting conditions and the report shall be considered as read; bet that Mr. MCGOVERN is sitting over and there getting ready to tell me it’s not insurance coverage to claiming wom- (b)(1) an accompanying resolution offered anhood as a preexisting health condi- enough time. I’m not going to disagree. by direction of the Committee on Oversight But as we all know, before we leave tion to allowing young adults to stay and Government Reform shall be considered on their parents’ coverage. as read and shall not be subject to a point of Friday evening to go to work in our This law has changed the way our order; and districts, we have a lot to get done country manages and delivers all (2) the previous question shall be consid- here. We need to reauthorize our Na- phases of our health care system, and ered as ordered on such resolution to adoption’s highway and infrastructure sys- tion without intervening motion or demand I’m proud to have been part of its cre- tems. We need to save college students for division of the question except: (i) 50 and recent graduates from student loan ation, and prouder still today to learn minutes of debate equally divided and con- that the Court’s decision was to uphold trolled by the chair and ranking minority interest rates that are 2 days away its constitutionality. member of the Committee on Oversight and from doubling. We need to move for- Government Reform or their respective des- ward with the open amendment process f ignees; (ii) after conclusion of debate one and finish considering the appropria- motion to refer if offered by Representative tions bill to fund our transportation Dingell of Michigan or his designee which and housing programs. It’s a lot to get HEALTH CARE WIN-WIN shall be separately debatable for 10 minutes done in 2 days. And, frankly, if we (Mr. FARR asked and was given per- equally divided and controlled by the pro- didn’t put a time limit on today’s con- mission to address the House for 1 ponent and an opponent; and (iii) one motion to recommit with or without instructions. tempt debate, we could spend days on minute and to revise and extend his re- The Chair may reduce the minimum time for end talking about nothing but this one marks.) electronic voting on the question of adoption issue. Mr. FARR. I rise today because I of the motion to recommit as though pursu- But beyond all of that—beyond floor think everybody in this country is al- ant to clause 9 of rule XX. schedules and expiring authorizations, ways worried about health care and SEC. 2. Upon adoption of this resolution it we’re left with this truth: Border Pa- whether they’re going to be able to shall be in order without intervention of any trol Agent Brian Terry was shot on De- have access to it, whether they can af- point of order to consider in the House the cember 14, 2010, and died of those inju- ford insurance, whether the complica- resolution (H. Res. 706) authorizing the Com- mittee on Oversight and Government Reform ries the next day. His family has been tions of that insurance will knock to initiate or intervene in judicial pro- looking for answers about what led up them off health care by putting caps on ceedings to enforce certain subpoenas. The to and caused his death for over a year it or saying you have a preexisting con- resolution shall be considered as read. The and a half. If we can do anything to an- dition. But those worries are over. previous question shall be considered as or- swer those questions, then we cannot America has health safety now. Every- dered on the resolution to adoption without and should not do anything to make body in this country will be able to intervening motion or demand for division of them wait any longer—not another have access to health care. The Su- the question except: (1) 20 minutes of debate month, not another day, not another preme Court made the decision that no equally divided and controlled by the Major- ity Leader and the Minority Leader or their hour. Today, the House of Representa- one without health care cannot be respective designees; and (2) one motion to tives is going to do what we can to get treated. recommit. those answers for the Terry family. So I think it’s a really happy day. The SPEAKER pro tempore. The gen- Thanks to whistleblowers at the Bu- There’s going to be a lot of discussions tleman from Florida is recognized for 1 reau of Alcohol, Tobacco, Firearms and here about pros and cons on how it’s all hour. Explosives, Members of Congress were worked out, but each individual, I alerted to the fact that Agent Terry think, will be able to decide: I can go b 1230 was killed by guns—AK–47 assault ri- to a doctor and I can get the kind of Mr. NUGENT. Mr. Speaker, for the fles, specifically—that our government care that I need, and it’s going to get purpose of debate only, I yield the cus- allowed to walk into Mexico. When paid for so doctors and hospitals will tomary 30 minutes to the gentleman confronted with these claims, the Jus- make it. That’s the bottom line. from Massachusetts, my colleague on tice Department denied the whistle- I left my office this morning, and one the Rules Committee, Mr. MCGOVERN, blowers’ claims. What we now know all of my interns is 25 years old, and she pending which I yield myself such time too well is just how right the whistle- says, I’ve got health care insurance be- as I may consume. During consider- blowers were. However, it took the De- cause of the law you passed. Until I’m ation of this resolution, all time yield- partment of Justice 10 months after 26, I can stay on my parents’ health ed is for the purpose of debate only. their first denial, almost a year after care insurance, and I otherwise would GENERAL LEAVE Border Patrol Agent Terry’s death, to have none. Because she’s already grad- Mr. NUGENT. Mr. Speaker, I ask formally retract their denial about the uated from college. unanimous consent that all Members reckless program that contributed to So this is a win-win for everyone. It’s have 5 legislative days in which to re- the deaths of Agent Terry and hun- a great day for America. vise and extend their remarks. dreds of Mexican citizens.

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE June 28, 2012 CONGRESSIONAL RECORD — HOUSE H4165 You know, I was a cop for almost 40 I’ve heard some people say this is all the highway bill and the student loan years and a sheriff for the last 10. As about politics. In my heart, it’s just bill and everything else. Is it possible the head of a law enforcement agency, the opposite. It couldn’t be further that the Republican leadership doesn’t you have two options when you make a from the truth. These contempt really want the American people seeing mistake: you can hope it doesn’t come charges aren’t about politics. They what the House is doing today? Why out, and if it does, you go into aren’t about Attorney General Holder, else would they feel the need to rush lockdown and deny, deny, deny; or you President Obama, or anything else but this to the floor a mere week after the can get out in front of it, admit you this: a man died serving his country, House Oversight Committee voted made a mistake, tell the American peo- and we have a right to know what the along strictly partisan lines to adopt ple you’re going to investigate, and Federal Government’s hand was in the Republican contempt citation? then do everything you can to make that. Let me say at the outset that there sure that this never happens again. It’s clear this country somehow are certain things that all of us, Demo- As sheriff, I found it was my moral played a role in his death. We need to crats and Republicans alike, agree on. imperative to always admit when we’d root it out, find the cause, and make We all agree that the death of Agent been wrong, hold folks accountable, sure this never, ever happens again. Terry was a terrible tragedy. We all and make my agency better so we These votes today aren’t about poli- agree that the ATF field office’s em- wouldn’t make the same mistake tics; they are about answers that, at brace of gunwalking—which began twice. It’s the responsible thing to do, the very least, this country owes Agent under the Bush administration, by the and it takes away any sting of the pos- Terry and his family. way—was a terrible idea. We all agree sibility of a coverup. President Obama promised his would that the ATF should not have sent an That’s not what DOJ did. They’ve be the most open administration in his- erroneous letter to Senator GRASSLEY gone the other route—hide, deny, and tory. When discussing executive privi- in 2011. But the contempt resolution stonewall. lege in the past, Attorney General before us doesn’t have anything to do They sent a letter with false informa- Holder has made it clear that the DOJ with any of that. tion to Congress, the institution that’s won’t invoke the State secrets privi- The Department of Justice has pro- constitutionally mandated with gov- lege to conceal ‘‘violations of the law’’ vided thousands and thousands of docu- ernment oversight, and it took them 10 or ‘‘administrative error,’’ avoid ‘‘em- ments about gunwalking. The Attorney months to retract that statement. It General has testified nine times. The barrassment,’’ or to ‘‘prevent or delay appears that in those 10 months be- Department has provided over 1,000 the release of information.’’ tween lying and admitting the truth, pages of documents about the letter Unfortunately, that is exactly what members of DOJ and the ATF colluded sent to Senator GRASSLEY. So this isn’t has happened so far with Fast and Fu- to intentionally cover up what hap- about getting to the truth; this is rious. It is for this reason why the pened. What we’re trying to figure out about politics. It is about politics. This House today sees no other choice other is if there really was a coverup, and we is about the Republicans refusing to than to charge Attorney General Eric need the information to determine the take ‘‘yes’’ for an answer. This is about Holder with both civil and criminal facts. doing whatever it takes to attack the contempt of Congress charges. Yesterday at the Rules Committee, a Obama administration no matter the I’m going to support both of these couple of people mentioned President issue, no matter the cost. Nixon and Watergate. And I agree, this resolutions, Mr. Speaker, not because During the committee’s ‘‘investiga- is like the Watergate scandal. But it’s the political thing to do, not be- tion,’’ the Republican majority refused President Nixon didn’t leave office because it’s the easy thing to do, but be- all Democratic requests for witnesses cause of the scandal itself; he was cause it’s the right thing to do. and hearings, as well as requests to forced to resign because of the coverup. And with that, I reserve the balance interview any Bush administration ap- I said it last night and I’m willing to of my time. pointees. All of them were denied. bet, Attorney General Holder didn’t Mr. MCGOVERN. Mr. Speaker, I want The Republicans refused Democratic know all the specifics about what was to thank my friend, the gentleman requests to hold a hearing with Ken happening with Fast and Furious, but from Florida (Mr. NUGENT), for yielding Melson, the head of ATF. You know, if when the facts started coming to light me the customary 30 minutes, and I you’re actually interested in learning and congressional investigators started yield myself such time as I may con- about an ATF operation, don’t you looking for answers, he repeatedly kept sume. think you would want to talk to the us from getting information we need. (Mr. MCGOVERN asked and was leadership of the ATF? And that has kept the Terry family given permission to revise and extend Republicans refused Democratic re- from getting the closure they need. his remarks.) quests to hold a hearing with former Attorney General Holder is respon- Mr. MCGOVERN. Mr. Speaker, this is Attorney General Mukasey, who was sible for his agency, but he has essen- a sad and deeply troubling day for this briefed on botched ATF operations in tially given his top leadership a free House of Representatives. The Repub- 2007. If you’re actually interested in pass. lican leadership of this body is asking learning about these botched oper- Mr. Speaker, a law enforcement offi- us to take the unprecedented and un- ations, wouldn’t you want to talk to cer who was employed by the United justified step of holding a sitting At- the man who was briefed about them? States Federal Government is dead. torney General in contempt of Con- I would hope that we would all agree Somebody knows what happened to re- gress. that we should never take a step like sult in his death, and the Justice De- finding a sitting Attorney General in b 1240 partment and now President Obama contempt lightly, and that we should are refusing to release that informa- They are doing so based on a com- only do so based on accurate information to Congress, to the American pub- pletely partisan ‘‘investigation.’’ tion. But Ranking Member CUMMINGS lic, and to Agent Terry’s family. This is a witch hunt, pure and sim- and his staff have found, in a very This institution has a duty to oversee ple, Mr. Speaker, and it has no place in short time, 100 concerns, omissions, the executive branch and to find out this House. Eric Holder is a good and and inaccuracies in the committee re- what happened. The answers are there. decent and honorable public servant. port that is the foundation of this con- Attorney General Holder knows the an- He has reinvigorated the Justice De- tempt resolution—100 inaccuracies and swers are there because he’s the one partment, especially on efforts to stop omissions and concerns. Sadly, instead who has the documents that contain partisan voter suppression across the of getting answers to those questions, the answers we’re looking for. He’s the country. this has been rushed to the floor. gatekeeper here, and if he won’t give us I find it interesting that the Repub- Mr. Speaker, the American people ex- the information this institution needs lican leadership has scheduled this pect us to address the issues that mat- to do our duty, our constitutional nonsense for the floor today when it is ter most to them—issues like jobs and duty, then we will use every legal and certain to be buried under the ava- the economy and education and health constitutional tool that we have to get lanche of news and reaction to the Su- care—but the Republican majority re- to it. preme Court’s health care decision and fuses to listen. Instead, they bring this

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H4166 CONGRESSIONAL RECORD — HOUSE June 28, 2012 resolution to the floor, and then they The SPEAKER pro tempore. The interviewed two dozen officials, and the wonder why Congress is so unpopular. time of the gentleman has expired. Attorney General has testified on nine What troubles me most, perhaps, is Mr. NUGENT. I yield the gentleman occasions. that under this Republican majority, an additional 1 minute. This is an election-year witch hunt. I everything has to be a fight—every- Mr. SCOTT of South Carolina. We say that to the gentleman from South thing. Everything has to be a con- have been trying for 18 long months to Carolina. This is an election-year witch frontation, everything has to be a get to the bottom of this issue, and yet hunt. During this 16-month investiga- showdown. And I get the politics. I un- we are being stonewalled. tion, the committee refused all Demo- derstand this is an election year. But Yes, we hear that the Federal Gov- cratic requests for witnesses and hear- this goes way, way too far. It is just ernment has provided 7,000-plus pages; ings, as well as requests to interview wrong. but, Mr. Speaker, there are over 100,000 any Bush administration appointees. I wish the Speaker of the House pages that we have requested. We are Never in our Nation’s history has the would have intervened here and kept talking about a period from February House of Representatives voted to hold this off the floor. By moving forward 4, 2011, to December 2011, where we a sitting Attorney General or a Cabinet today on this resolution, we diminish were given false information. It is our member in contempt. What’s different? the House of Representatives. This is responsibility, it is our duty to find the I will tell you what’s different. It is not a happy day for this institution. truth for the American people and the the simple fact that Republicans have I urge my colleagues to reject this Terry family. a dogged determination to discredit rule and the underlying resolutions, Let me close, Mr. Speaker, by simply and defeat this President at all costs. and I reserve the balance of my time. saying, how are we supposed to protect Plain and simple, it’s politics. Mr. NUGENT. Mr. Speaker, the gen- and ensure the safety of our Border Pa- My Republican friends, do not use tleman from Massachusetts made a trol agents in the future if we do not your majority to engage in a political statement. This is about a contempt ci- know who allowed the guns to walk stunt. The integrity and legacy of this tation because the Attorney General across the border? How are we supposed institution deserve better than that. If has not provided all the information to give Brian Terry’s family any sense you want to discredit and defeat this the committee has asked for. Out of of closure, Mr. Speaker? This is why we President, you need to leave this floor 140,000 pages—by his own testimony in have no choice but to be here today. and leave the C–SPAN cameras, and go front of Judiciary—he’s given a little The refusal of the Attorney General to out and give it your best shot. This is over 7,000 pages. That’s not reaching provide answers regarding Brian Ter- not the place to do it. out and doing the right thing. ry’s death leaves us no choice but to be When the history of this despicable Mr. Speaker, I yield 2 minutes to the here today. proceeding is recorded, it will be said gentleman from South Carolina (Mr. Mr. MCGOVERN. Mr. Speaker, let me that your actions were politically mo- SCOTT), a fellow Rules Committee yield myself such time as I may con- tivated to discredit and defeat a Presi- member. sume before I yield to the gentleman dent who has worked so hard over the Mr. SCOTT of South Carolina. I from North Carolina. past 3 years. I encourage my colleagues to join me thank the gentleman for the time. Mr. Speaker, the last time Congress in refusing to vote for this gimmick Mr. Speaker, it seems to me that my dealt with a contempt resolution was and walk to the steps of the Capitol friends on the left need some clarifica- in the case of Joshua Bolton and Har- and explain the circumstances of this tion on why we are here this afternoon. riet Miers. The period of time between dark day. Do not vote for this resolu- This is not a good day for America, and when the committee voted out the res- tion. it is certainly still not a good day for olution and before there was floor ac- For those of you who choose to vote, the Terry family. tion was 6 months. The reason why I ask that you defeat the rule and vote My friends on the left continue to there was time taken was to make sure against these contempt resolutions. talk about this as if it were a witch that we got it right. ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE hunt—a witch hunt. We have a slain This is less than a week. And I’m The SPEAKER pro tempore. Mem- Border Patrol agent, and my friends on going to say to my friends on the other bers are reminded to direct their re- the left want to politicize this by talk- side of the aisle that the minority staff marks to the Chair. ing about a witch hunt when in fact we has compiled a list of 100 inaccura- Mr. NUGENT. Mr. Speaker, I yield all know that this, Mr. Speaker, is cies—100 inaccuracies in the report myself as much time as I may con- about justice. This is about justice. that was the basis for this contempt My friend on the left just said that sume. resolution—100—and they’re rushing it You know, it’s amazing that my we Republicans refuse to hear ‘‘yes,’’ to the floor. So don’t tell me this is not we refuse to accept ‘‘yes’’ as an answer. friends forget about history because about politics. Don’t tell me this is not they referenced history in 2008 as re- Well, Mr. Speaker, we want a ‘‘yes’’ for a witch hunt. It is exactly what it is. Kent Terry, we want a ‘‘yes’’ for Jose- lated to House Resolution 979 and Mr. Speaker, I’d like to yield 2 min- House Resolution 980. And you know phine Terry, the parents of Brian utes to the gentleman from North Terry. We want a ‘‘yes’’ for the Amer- what they did? Carolina (Mr. BUTTERFIELD). They passed a rule and said it’s here- ican people. We want a ‘‘yes’’ as it re- Mr. BUTTERFIELD. The gentleman lates to the integrity of the process, by adopted. You never even had discus- from Massachusetts is absolutely cor- sion on the House floor like we’re going and we want a ‘‘yes’’ for justice. And, rect, this is a sad and troubling day. Mr. Speaker, my friends on the left to do today. Never had debate on the What we see here today, Mr. Speaker, House floor. They just passed it in the continue to consistently say ‘‘no.’’ is nothing more than using the Halls of We are here, Mr. Speaker, for only Rules Committee and said, guess what, Congress for extreme partisan political it’s hereby adopted. two reasons. The first is because purposes. United States Border Patrol Agent I yield such time as he may consume Brian Terry is dead because of a Fed- b 1250 to the gentleman from California (Mr. eral Government operation that al- This case is all about a politically ISSA), the chairman of the Committee lowed American guns to be walked motivated confrontation with the exec- on Oversight and Government Reform. Mr. ISSA. I place in the RECORD at across the border in the hands of drug utive branch on a matter that does not this time the statement by the Terry lords and cartels. We are here today, even begin to rise to this level. family concerning Congressman DIN- Mr. Speaker, because the Department This case is not about gunwalking. GELL’s criticism of the contempt vote. of Justice; the Attorney General, Eric Those documents have been provided Holder; and now the President refuse to and are not in dispute. The documents TERRY FAMILY STATEMENT WITH REGARD TO CONGRESSMAN JOHN DINGELL’S CRITICISM OF comply with congressional subpoenas at issue are completely unrelated to CONTEMPT VOTE that will give us clarity on these ques- how gunwalking was initiated in Oper- On Wednesday, Representative John Din- tions, give us clear answers for the ation Fast and Furious. The Depart- gell invoked the Terry family name while Terry family and for the American peo- ment has produced thousands of pages saying he would not back the contempt reso- ple. of documents. The committee has lutions but instead wants the Oversight and

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE June 28, 2012 CONGRESSIONAL RECORD — HOUSE H4167 Government Reform Committee to conduct a fused to comply with a congressional coordinate interdictions with Mexico more thorough investigation into Operation subpoena that was issued in October of in 2007, and was informed directly that Fast and Furious. 2011. these efforts would be expanded during Congressman Dingell represents the dis- I was a practicing attorney in the his tenure; refused the opportunity to trict in Michigan where Brian Terry was born and where his family still resides, but real world before I came to Congress. have the Attorney General as a wit- his views don’t represent those of the Terry In the real world, Americans are ex- ness. family. Nor does he speak for the Terry fam- pected to comply with subpoenas. Is Mr. Speaker, this partisanship was ily. And he has never spoken to the Terry the Attorney General any different? demonstrated by the committee’s vote family. No, he is not. along strictly partisan lines to hold the His office sent us a condolence letter when Are we just supposed to take Mr. Attorney General in contempt and to Brian was buried 18 months ago. That’s the Holder’s word that we have all the in- vote along strictly partisan lines on last time we heard from him. formation? every amendment. This is about poli- A year ago, after the House Oversight and tics. This is not about the truth. This Reform Committee began looking into Oper- That may be how Washington works, ation Fast and Furious, one of Brian’s sisters Mr. Attorney General, but that is not is not about justice. This is about poli- called Rep. Dingell’s office seeking help and how Main Street works. tics, and that is why this is such a sad answers. No one from his office called back. Mr. Attorney General, what are you day for this institution. Mr. Dingell is now calling for more inves- hiding? What are you hiding from the Mr. Speaker, I yield 2 minutes to the tigation to be conducted before the Attorney Brian Terry family? What are you hid- gentleman from Vermont (Mr. WELCH). General can be held in contempt of Congress. ing from the American public? Mr. WELCH. Mr. Speaker, I thank The Terry family has been waiting for over I’ve said it before and I will say it the gentleman from Massachusetts. 18 months for answers about Operation Fast again: you can delegate authority but Mr. Speaker, the investigation that’s and Furious and how it was related to being conducted by the Committee on Brian’s death. If Rep. Dingell truly wants to you cannot delegate responsibility. Mr. Speaker, the Attorney General Oversight and Government Reform is a support the Terry family and honor Brian legitimate investigation. But the rec- Terry, a son of Michigan, he and other Mem- can stonewall all he wants. The Attor- bers of Congress will call for the Attorney ney General can misremember all he ommendation to this House to hold the General to immediately provide the docu- wants. But whether he likes it or not, Attorney General in contempt is reck- ments requested by the House Oversight and today responsibility will land on his less, irresponsible, unnecessary, and Government Reform Committee. desk. will actually get in the way of the pur- Mr. NUGENT. Mr. Speaker, I yield 2 Mr. Speaker, I applaud Chairman suit of truth. Why do I say that? minutes to the gentleman from Florida ISSA for his steadfast leadership in the If you’re going to do an investiga- (Mr. ROSS). pursuit of the truth. I applaud my col- tion, you have to begin at the begin- Mr. ROSS of Florida. Mr. Speaker, leagues on the other side of the aisle ning, and the beginning of Fast and Fu- today I rise to offer my support to hold who are putting the search of the truth rious and gunwalking began in the the Attorney General in contempt of before party. Bush administration. There’s no evi- Congress. The SPEAKER pro tempore. The dence that President Bush was aware In December 2010, Border Patrol time of the gentleman has expired. of it. There’s some questions about Agent Brian Terry was killed with a Mr. NUGENT. Mr. Speaker, I yield what his Attorney General knew, what gun that was allowed to walk across another 15 seconds to the gentleman and when. the border as a result of Operation Fast from Florida. But if you are sincerely interested in and Furious. Mr. ROSS of Florida. Mr. Speaker, I trying to find out what happened, how Mr. Speaker, some, including this At- applaud all of those, like Agent Terry, it happened, how in the world do you torney General and some of my col- who wear the uniform of the Armed not begin at the beginning? leagues on the other side of the aisle, Forces or stand on the border and And despite that fact, the requests of state that this operation began in a guard our Nation. Agent Terry knew a many of us on the committee who sup- previous administration. This is de- thing or two about duty. He died while port an investigation, who support the monstrably false, and nothing could be on duty. use of a subpoena, who support the ag- further from the truth. It is now the duty of this Congress to gressive right of Congress to get access While there was a program under the hold those responsible and accountable to documents that it needs, have been previous administration known as Wide for this failed operation. We will not denied the opportunity to bring in wit- Receiver, the differences are quite forget, and we will always stand with nesses about what happened and how it stark. Under Wide Receiver, weapons you. happened during the Bush administra- were tracked, the Mexican government ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE tion. was involved, and no one died as a re- The SPEAKER pro tempore. Once We’ve been denied the opportunity to sult of that operation. In fact, Oper- again, Members are advised to direct bring in Attorney General Mukasey, ation Wide Receiver ended in late 2007, their remarks to the Chair. despite the fact that there was evi- nearly 2 years before Fast and Furious Mr. MCGOVERN. Mr. Speaker, I yield dence that he was personally briefed on began and nearly 9 months before this myself such time as I may consume. the botched efforts to coordinate inter- President was sworn into office. My friend from Florida (Mr. NUGENT) diction with Mexican authorities. Fast and Furious allowed guns to talked about obstructionism, and I Then-Attorney General Mukasey was walk across the Mexican border with want to say a couple of words about also told that the ATF field office in no tracking, no involvement by Mexi- that because I think this whole process Phoenix planned to expand these oper- can officials. Over 2,000 firearms dis- has obstructed justice. ations during his tenure. So our ques- appeared across the border under this During the committee’s 16-month in- tion really quite simply is, begin at the failed operation. Hundreds of Mexicans vestigation, the committee refused all beginning. are dead because of this failed oper- Democratic requests for witnesses and That foundation of an open and ex- ation. hearings, which is unprecedented. For haustive search is what this com- An American hero and United States instance, the committee refused to mittee, the Committee on Government Marine, Agent Brian Terry, is dead be- hold a public hearing with Ken Melson, Reform, owes to this House of Rep- cause of this failed operation. Agent the head of ATF, the agency respon- resentatives before it asks the Mem- Terry stood his ground and told moms sible for this operation, after he told bers of this House to vote on the ex- and dads across America that no one committee investigators privately that traordinary measure of finding a sit- would hurt their children on his watch. he never informed senior department ting Attorney General in contempt. He stood up and took that responsi- officials about gunwalking because he Secondly, we’ve got to do our job bility. was unaware of it. with care. The original subpoena that To this day, no one, and I mean no The committee also refused a hear- went out and was there until the Fri- one, in this administration has had the ing, or even a private meeting, with day before the Wednesday in which we guts to stand up and say, ‘‘It was my former Attorney General Mukasey, voted was demanding that the Attor- fault.’’ Attorney General Holder has re- who was briefed on botched efforts to ney General turn over documents that

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H4168 CONGRESSIONAL RECORD — HOUSE June 28, 2012 would have been illegal for him to turn it or not. Even the Attorney General Mr. NUGENT. Mr. Speaker, I yield 2 over—transcripts of the grand jury. cannot evade the law. minutes to a former law enforcement The SPEAKER pro tempore. The Time for America to find out the officer who lost her husband in the line time of the gentleman has expired. truth about gun smuggling to Mexico. of duty, the gentlewoman from Florida Mr. MCGOVERN. I yield the gen- Time for a little transparency. Today (Mrs. ADAMS). tleman an additional 15 seconds. is judgment day. Mrs. ADAMS. I am going to come to And that’s just the way it is. b 1300 you from a different angle, one of a law Mr. MCGOVERN. Mr. Speaker, let me enforcement officer. Mr. WELCH. So transcripts of the remind my friend that this gunwalking I served over 17 years as a law en- grand jury, transcripts of wiretap ap- program started under President Bush. forcement officer, and I worked many plications, which is not only a viola- And that’s just the way it is. undercover operations. As a law en- tion of the U.S. Code, but would jeop- I would like to yield 15 seconds to the forcement officer, you knew you didn’t ardize law enforcement officials if that gentleman from Texas (Mr. GENE give guns to bad guys. The drug car- word got out. That is an irresponsible GREEN). tels, they’re bad guys. You know if you and overbroad subpoena. Mr. GENE GREEN of Texas. Mem- let a gun walk with a bad guy that So the bottom line is to let the inves- bers, I’m from Texas. We believe it’s you’re going to see that gun whether tigation continue, but let’s acknowl- our constitutional right to own every it’s at a crime scene, or you’re going to edge that the job that the committee gun that was ever made, and we don’t be looking down the barrel of it. needs to do before it asks for a vote of want to export them to anywhere—but So when the Attorney General came contempt has not been done. this resolution is pure politics. to our committee, I asked him, Who Mr. NUGENT. Mr. Speaker, I yield 2 Mr. Speaker, today I rise in opposition to the approved this operation? Why was it minutes to the gentleman from Texas, resolution recommending that the House of approved? And he just wouldn’t answer. Judge POE. Representatives find Eric H. Holder, Jr., Attor- He didn’t know. Mr. POE of Texas. I thank the gen- ney General, U.S. Department of Justice, in Okay. Well, what rises to the level of tleman. contempt of Congress for refusal to comply the Attorney General? If an inter- Mr. Speaker, we are here today be- with a subpoena duly issued by the committee national operation that allows guns to cause of an ill-conceived, dangerous, il- on Oversight and Government Reform. walk to another country and that are legal, gun-running scheme called Oper- In 2005, the Bureau of Alcohol, Tobacco, then used to kill one of our agents and ation Fast and Furious. Firearms, and Explosives (ATF) initiated that are used to kill and maim their This operation has resulted in the Project Gunrunner that focused on stemming citizens doesn’t rise to his level of ap- death of at least one—maybe two—Fed- the flow of firearms into Mexico. This would proval, who approved it? eral agents and in the deaths of hun- stop guns from being obtained by drug cartels This is something that is just normal dreds of Mexican nationals; yet we still and criminal organizations that have killed procedure in any operation in a law en- cannot get a straight answer from the thousands in Mexico in recent years. forcement agency. Justice Department as to what hap- Part of Project Gunrunner was Operation So now you have an Attorney Gen- pened. The Attorney General says he Fast and Furious, which has come under scru- eral who won’t tell us or can’t tell us doesn’t know who authorized this non- tiny over the past year due to reports that the who approved this international oper- sense, but he won’t let Congress help ATF allowed the sale of hundreds of assault ation. You have others saying, Well, him find out the facts. weapons to suspected straw purchasers, who this is something that started under In December of last year, Attorney then allegedly transported these weapons another administration. General Holder testified before the through the Southwest and into Mexico. In De- It didn’t. That was a different oper- House Judiciary Committee and told cember 2010, suspected firearms linked to ation, and they realized they couldn’t me that Operation Fast and Furious Operation Fast and Furious were found at the keep up with those guns, so they was ‘‘flawed and reckless’’ and that it murder scene of Border Patrol Agent Brian stopped it. When this one started, it was ‘‘probably true’’ that more people Terry. was flawed from the beginning. The At- were going to die. This resolution is not about Project Gun- torney General said it was flawed from Now, isn’t that lovely? runner or Operation Fast and Furious because the beginning. Why is the Attorney General being so the Department of Justice has produced thou- Yet we still have no answers. We obstinate? After months of delay, sands of pages of documents, two dozen offi- don’t have answers. The American peo- delay, delay, today is the day of reck- cials have been interviewed, and the Attorney ple don’t have answers, and most im- oning. General has testified nine times, to show it portantly, the Terry family doesn’t This administration claims to be the was not responsible for these operations. The have answers. That’s just unaccept- most transparent administration in Attorney General has continually offered to able. history. So why won’t the administra- provide even more information, including doc- I’ve heard from the other side of the tion let the American people know uments outside of the Committee’s original aisle and from my colleagues here what happened during Fast and Furi- subpoena. The documents that are now at the today that this is political. This isn’t ous? What are they hiding? center of the resolution are completely unre- political. To me, it’s personal. We have This contempt resolution is about lated to how Project Gunrunner or Operation a law enforcement officer who was one thing. It’s about finding out how Fast and Furious were initiated. doing his job and who was killed by a such a stealth and dangerous operation This investigation is nothing more than a flawed operation that no one will take could ever be authorized by the Gov- hyper-partisan, election-year effort. The Com- ownership of in the Attorney General’s ernment of the United States. Why mittee vote was strictly along partisan lines Office; and the Attorney General, him- would our government help smuggle and every amendment passed or failed on self, won’t tell us what rises to the guns to our neighbor and put them in party-line votes. During this investigation, the level of his knowing what’s going on in the hands of the enemy of Mexico and Committee refused all Democratic requests for his agency if an international oper- the United States—the violent drug witnesses and hearings, as well as requests to ation does not. cartels? interview any Bush Administration appointees. So I will tell you that it was not po- And no wonder the Attorney General Attorney General Eric Holder has produced litical when I started looking into this of Mexico wants those in the United sufficient evidence, through thousands of and when we started looking into it. It States who are responsible to be extra- pages of documents and testifying nine times is not political today. The way that it dited to Mexico and tried for those pos- before the committee, to confirm that once he became political was when there was sible crimes. Mexico is more interested learned about Operation Fast and Furious, he asserted, right before the gavel dropped in Fast and Furious than is our own took action to bring it to a close. The denial of in the committee, an executive privi- government. Democratic requests to interview officials of lege. As a former judge, I can tell you that the Bush Administration on this matter only The SPEAKER pro tempore. The contempt is used as a last resort to let further proves this is strictly a partisan political time of the gentlewoman has expired. individuals know they will comply game to hold the first sitting Attorney General Mr. NUGENT. I yield the gentlelady with a lawful order whether they like in contempt. an additional 15 seconds.

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Mr. Speaker, I just have the right to do—a day of minority other agency throughout this Nation want to make it very clear that the witnesses, which they were told they and if one of our officers had died and House rules of article XI talk about, would not be granted that day in a if the Department of Justice were in- specifically, j(1) as it relates to the timely fashion. volved in the investigation, they would rights of the minority. But you have to This is about politics. This, by all be asking for the same documents that ask for that. A majority of the minor- measures, is about politics. Again, the we are asking for. ity has to ask for it. It has to be fo- fact that we are doing this today, I Mr. MCGOVERN. Mr. Speaker, let me cused on the issue at hand. They were think, diminishes the House of Rep- just say to the gentlelady that if she is talking about issues as it related to, I resentatives. interested in why the United States guess, gun ownership, and that was not I yield 2 minutes to the gentleman pursued this gunwalking program, she germane to that issue. from New Jersey (Mr. ANDREWS). should talk to the Attorney General With that, I yield 2 minutes to the (Mr. ANDREWS asked and was given under the Bush administration, Attor- gentleman from Arizona (Mr. QUAYLE). permission to revise and extend his re- ney General Mukasey, when this thing Mr. QUAYLE. I thank the gentleman marks.) started 5 years ago. for yielding. Mr. ANDREWS. Mr. Speaker, every Unfortunately, notwithstanding the Mr. Speaker, today’s vote is long Member of this Chamber wants to get fact that the Democrats have asked overdue. For months, my colleagues to the bottom of the issue of the tragic that he be called before the committee, and I have worked to uncover the truth death of Officer Terry. Every Member the request has been denied. She wants about Operation Fast and Furious, of the Chamber wants to find out how to know why this is political? The re- which cost the life of Border Patrol the ATF and Justice Department were quest for every single witness that the Agent Brian Terry in my home State of run as related to that tragedy. Democrats asked to be brought before Arizona. So the committee that’s looking into the committee was denied, the request Congressional efforts to get to the this refused to hear the testimony of for every single witness. bottom of this tragedy and bring ac- the person running the ATF. That is unprecedented in this House The committee that’s looking into in any committee, the fact that the countability to those responsible were met with derision by Attorney General this refused to hear the testimony of Democrats have been locked out of the Assistant Attorney General, who having any of their witnesses come for- Holder. At hearings, when we questioned Mr. Holder, he evaded. When we was responsible for the ATF and talked ward. This is not about gunwalking. about this with Attorney General Hold- This is not about finding the terrible requested documents, he obfuscated. When I questioned Mr. Holder on June er. truth about what happened to Agent The committee that is responsible for 8, he looked me in the eye and stated Terry. This is about politics, plain and this received thousands of pages of doc- plainly that there was nothing whatso- simple; and it diminishes this House. uments from the Attorney General to ever in the wiretap applications that I would like to yield 2 minutes to the try to get to the bottom of the matter. gentlewoman from the District of Co- suggested the existence of a This procedure does violence to the lumbia (Ms. NORTON). gunwalking program. Yet, all I had to American Constitution. Yes, we have Ms. NORTON. I thank the gentleman do was review those same applications three separate branches. Those for yielding. to see that what the attorney general branches are designed to respect each Any doubt that today’s contempt res- had said to me, my colleagues, and to other’s prerogatives. Those branches olution is political was put to rest the American people, was nothing but are designed to avoid a constitutional when the NRA joined in to blowtorch a boldfaced lie. Mr. Speaker, I will re- confrontation and engage in one only vulnerable Democrats to vote for con- peat that again. It was a boldfaced lie. tempt today. when necessary. Today, let Congress’ vote be a signal In the 225-year history of this insti- The gun lobby is directly responsible to Mr. Holder that dishonesty on the for the gap in Federal law that allowed tution, there has never been a vote like part of administration officials will this before—never. the straw purchases of guns here that never be tolerated. were taken to Mexico, ultimately re- Is it because the Attorney General Today, let this vote be a signal to didn’t turn over documents? He turned sulting in the tragic death of a border President Obama that the security of agent. Yet because of a political man- over thousands of pages of documents. the American people must always come Is it because the people that know date from the gun lobby, our com- before his own job security and the job mittee spent no time on the root cause about this issue haven’t been made security of his Cabinet officials. available? To the contrary. The com- of this tragedy. Instead, after the ma- Let this vote be a reminder to Mr. jority failed to get the documents it re- mittee refused to hear the testimony of Holder and to President Obama that the head of the ATF and the Assistant quested that were under court seal and despite their executive overreach, documents related to ongoing inves- Attorney General. there are, in fact, three coequal This procedure diminishes the House. tigations, it asked for internal commu- branches of government. nications that no Republican or Demo- It vandalizes the Constitution. It Let this vote demonstrate that Con- should not go forward. cratic administration has ever given gress has not forgotten its right or its up. Mr. NUGENT. Mr. Speaker, I yield 30 responsibility to provide oversight and Instead of sparing no effort to give seconds to the gentleman from Utah to bring accountability. law enforcement the tools it must have (Mr. CHAFFETZ). I urge my colleagues to support the to protect our border agents, our com- Mr. CHAFFETZ. The record will re- rule and the underlying resolution. mittee has spared no effort to get to flect that in a bipartisan way, the Act- Mr. MCGOVERN. Mr. Speaker, my today’s contempt resolution over ing Director of the ATF, the person colleague from Florida (Mr. NUGENT) issues unrelated to the tragic killing. that was actually appointed by Presi- mentioned the issue of gun ownership After 16 months, the committee found dent Obama, was deposed by both as related to the witnesses that the no evidence that the Attorney General Democrats and Republicans about a or other top Justice Department offi- Democrats wanted to have appear be- year ago for 2 days around July 4. It cials knew about the ATF gunwalking. fore the committee. How inviting the was 2 days that he was deposed. That And the committee resolutely refused head of the ATF, which is responsible record is there. It is crystal clear. to hear from top ATF officials who said for Operation Fast and Furious, or in- We were also denied, by the Depart- that they, in turn, had given the Jus- viting the former Attorney General, ment of Justice, to speak with Lanny tice Department no such information. who was briefed on gunwalking and Breuer and Kenneth Blanco, two of the knew about it, how that has anything key central people at the highest levels b 1310 to do with gun ownership—what that of the Department of Justice. To sug- It is Attorney General Holder who has to do with, Mr. Speaker, is getting gest that we were given an opportunity stopped the gunwalking authorized and to the truth. to talk to them is patently false.

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The final part I will make is you So I would ask us to carefully con- vote. Mr. DINGELL, as Chair of the Energy and can’t complain that Attorney General sider what we’re doing here today and Commerce Committee held two hearings be- Holder was here nine times between to raise into question what we’re doing fore proceeding to a contempt vote, after he the House and the Senate talking in to this House, to the institution, and to received President Reagan’s assertion of ex- part about Fast and Furious and then the Presidency. I would ask my col- ecutive privilege. say that you never had a Democratic leagues on the other side of the aisle to But on June 20th, after the invocation of ex- witness. ask themselves whether the American ecutive privilege by President Obama, and Mr. MCGOVERN. Mr. Speaker, we people want us to focus on their busi- over the requests of several committee mem- need to deal with facts in this debate ness, to focus on the business of mov- bers to delay action, Chairman ISSA pro- because this is an important matter. ing the country forward, or to simply ceeded with the contempt vote. The gentleman just talked about play politics because you can’t win any One question that comes to my mind is why these hearings, these meetings with other way. the rush? The Committee recently ‘‘com- the head of the ATF. The reality was It’s a really simple proposition that’s pleted’’ a 16-month investigation, one in which that a year ago Republican staff met in front of us today. And I would say to the committee refused all Democratic requests with the head of the ATF on July 3 my colleagues on both sides of the for hearings and even for a single witness. without notifying Democratic staff. aisle: it is time for us to simply walk Then one week and just seven days after the Democratic staff were invited to come away from the nonsense that is not committee reported out the contempt resolu- on July 4. There were no public hear- doing justice to the American people. tion on a party-line vote on June 20th, the ings, and no Members were there. Mr. Speaker, the Republican majority is pur- House today will vote on this privileged resolu- Again, I’m not sure what the problem suing an unprecedented and partisan constitution. is with having the head of the ATF tional confrontation today. The last time the House voted on contempt come before the committee so the The contempt resolution before this House resolution against executive branch officials American people can hear what the is disgraceful and demeaning to the House. was during an investigation in the Bush ad- truth is and what the facts are. I don’t It’s been brought forth by the other side to ministration into the firing of U.S. Attorneys. In know why that’s such a big deal. But to drag Attorney General Holder through the mud that situation, the House Judiciary Committee suggest that this was a bipartisan ef- and publicly accuse him and the Administra- cited two officials for contempt of Congress in fort is just outright false. tion by extension the President of the U.S. of Mr. Speaker, at this time, I yield 2 July 2007. The full House did not actually con- a ‘‘cover-up’’, claiming that Attorney General minutes to the gentlewoman from sider and vote on those contempt resolutions Holder was ‘‘obstructing justice.’’ Republicans Maryland (Ms. EDWARDS). until eight months later in February 2008. Ms. EDWARDS. Mr. Speaker, the Re- even went so far as to call him a ‘‘liar’’ on na- The Obama administration has argued that publican majority is pursuing an un- tional television—unheard of, blatantly hyper- the documents in question in this instance fall precedented and a partisan constitu- bolic, and disrespectful to the office. within the executive privilege because they tional confrontation today, and it’s un- The fact is that Chairman ISSA and the Re- have been generated in the course of the de- necessary. publicans have continuously moved the goal- liberative process concerning the Justice De- The contempt resolution that’s be- posts and disregarded the good faith shown partment’s response to Congressional over- fore the House is both disgraceful and by the Attorney General, the Justice Depart- sight, not because the President knew more it really is demeaning to this House. ment, and the President’s Administration. about this matter than he admitted to or that It’s being brought forth by the other All told, the Department of Justice has pro- there was a conspiracy in the White House, as side simply to drag Attorney General vided Congress with over 7,600 pages of doc- Chairman ISSA falsely asserts. Holder through the mud and to pub- uments and has made numerous high profile For some reason, the Republican majority licly accuse him and the administra- officials available for public congressional tes- feels that this is a pressing issue. But I can tion and, frankly, by extension, the timony. The Attorney General himself has an- think of a large list of other issues that I feel President of the United States, of a swered questions at nine public hearings. that Americans would rather we address. coverup, claiming that our Attorney Last week, the Attorney General offered to It is hard to imagine that the House Repub- General was obstructing justice. Re- provide even more internal documents, includ- lican majority’s actions are anything else be- publicans even went so far as to call ing documents outside of Chairman ISSA’S sides election-year politics designed to make him a liar on national television. This subpoena. All the Attorney General requested this administration look bad. This resolution is unheard of, it is hyperbolic, and it’s was a show of good faith on the part of the will not create jobs, nor will it strengthen our disrespectful to the office and dis- Republican majority to resolve the contempt economic recovery. It is far past time to get- respectful to this House. issue, but they refused. That’s because the ting around to solving the real problems that The fact is that Chairman ISSA and Republicans are not looking to compromise. the American people sent each of us here to Republicans have continuously moved They are looking simply to score political resolve. the goalpost and disregarded the good points at the expense of the integrity of the I urge my colleagues on both sides of the intent and good faith shown by the At- House. aisle to carefully consider what we are about torney General, the Justice Depart- And so, on June 11th, Chairman ISSA an- to do today. Never in our nation’s history has ment, and the President’s administra- nounced his intention to hold a contempt vote. the House voted to hold a sitting Attorney tion. On June 20th, just nine short days later, General in contempt. I urge my colleagues to As has been said before, the Depart- Chairman ISSA called the vote after the Presi- vote down this partisan and political contempt ment of Justice has provided the Con- dent invoked executive privilege. resolution. gress with over 7,600 pages of docu- From George Washington to George W. ments and made numerous officials Bush, Presidents of both political parties have b 1320 available for testimony, but that’s asserted executive privilege to protect the con- Mr. NUGENT. Mr. Speaker, I would been rebuffed. Just last week, the At- fidentiality of certain kinds of executive branch like to inquire how much time re- torney General offered to provide even information in response to demands by Con- mains. more internal documents and requested gress. In fact, dating back to President The SPEAKER pro tempore. The gen- a show simply of good faith on the part Reagan, Presidents have asserted executive tleman from Florida has 91⁄2 minutes of the Republican majority that they privilege 24 times. remaining. The gentleman from Massa- wanted to resolve the contempt issue, In previous situations, Committee Chairman chusetts has 10 minutes remaining. but they refused, choosing this con- put off contempt proceedings in order to con- Mr. NUGENT. I will continue to re- stitutional confrontation instead. duct serious and careful review of Presidential serve the balance of my time. That’s because the Republicans, to be assertions of executive privilege. Then Over- Mr. MCGOVERN. Mr. Speaker, I yield clear, are not interested in a resolu- sight and Government Reform Chairman WAX- 2 minutes to the gentleman from Cali- tion. They’re not looking to com- MAN put off a contempt vote after President fornia (Mr. SCHIFF). promise. They’re only looking to score Bush asserted executive privilege in the Mr. SCHIFF. I thank the gentleman political points at the expense of the Valarie Plame investigation. Chairman WAX- for yielding. integrity of the House and the good MAN did the same when President Bush as- I rise in strong opposition to this res- name of the President and the Attor- serted the privilege relating to EPA ozone reg- olution. What began as a legitimate in- ney General. ulations—on the same day as the contempt vestigation into an operation called

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First and foremost, not simply to live up to the letter but also in the dessert of Arizona was in keeping with because the American people have a le- the spirit of this law. the finest traditions of the United States gitimate interest in getting to the bot- He went on to send something to all Border Patrol and will never be forgotten by tom of the gun violence that spills of the department heads. He said: those who patrol this nation’s borders. We cannot allow our agents to be sacrificed for across our border, with the tens of Government should not keep information no gain and not hold accountable those who thousands of weapons made in America confidential merely because public officials approved the ill conceived ‘Operation Fast might be embarrassed by disclosure, because that end up in the hands of the cartels. and Furious’ ’’, said McCubbin. But instead of looking into that inves- errors or failures might be revealed, or be- ‘‘The political shenanigans surrounding tigation, instead of finding out what cause of speculative or abstract fears. this scandal and the passing of blame must we can do about this gun violence, this The President further said, relating stop.’’ A Border Patrol agent cannot acciden- has now become a fight over docu- to Fast and Furious: tally step foot into Mexico without a myriad ments, a fight that is completely un- There may be a situation here in which a of U.S. and Mexican government agencies being made aware, so there is no possible necessary and unjustified. serious mistake was made, and if that’s the way that this operation was conducted with- case, we will find out, and we will hold some- The very documents that are at issue out the knowledge and tacit approval of the body accountable. in this resolution were created after Department of Justice and the Obama ad- this operation had long since been shut We have a dead Border Patrol agent. ministration. down. They will shed no light on the We have over 200 dead Mexican people. Mr. MCGOVERN. Mr. Speaker, I yield operation. They will shed no light on We have a program that the Attorney myself 15 seconds. what we can do to stop this gun traf- General called ‘‘fundamentally Mr. Speaker, if this is about open- ficking. But then that’s not the goal. flawed.’’ We have thousands of weapons ness, then why does the committee The goal here is simply the fight. that are missing. We have a duty, an have secret meetings where they lock The Justice Department has bent obligation to pursue this to the fullest Democrats out? If this is about open- over backwards, produced thousands of extent and to make sure that we have ness, then why won’t they let any documents. The Attorney General has all those documents so we can make Democratic witnesses appear before the testified eight or nine times before the sure that it never, ever happens again. committee? House, has made every effort to cooper- Now there are 140,000 documents, ac- And since there seems to be some ate in this investigation, but the com- cording to the Attorney General, that confusion as to whether or not Demo- mittee will not take ‘‘yes’’ for an an- deal with Fast and Furious. We’ve been crats actually formally requested wit- swer because that’s not the goal. The given less than 8,000 of those. Less than nesses, I will insert into the RECORD a fight is the goal. 8,000 of those. We deserve to have that. letter to the Honorable DARRELL ISSA And so we are here when we should be Also, I will be submitting for the on October 28, on November 4, and on doing the Nation’s business, when we RECORD this statement from the Na- February 2, requesting witnesses, in- should be working on legislation to tional Border Patrol Council. This is cluding the former Attorney General create jobs. Instead, we are here in the AFL–CIO-oriented organization of Mukasey and Mr. Melson, the head of what is nothing less than a partisan 17,000 Border Patrol members who call the ATF. brawl over nothing. And you know how for the resignation of Attorney General COMMITTEE ON OVERSIGHT AND GOV- this will end? It will end months or Holder. In fact, they say that it’s ‘‘a ERNMENT REFORM, HOUSE OF REP- years from now with a settlement in slap in the face to all Border Patrol RESENTATIVES, Washington, DC, October 28, 2011. Federal District Court in which the agents who serve this country’’ and Hon. DARRELL E. ISSA, Justice Department will provide the ‘‘an utter failure of leadership at the Chairman, Committee on Oversight and Govern- very same documents they have al- highest levels of government.’’ ment Reform, House of Representatives, ready offered to provide. But we will ‘‘If Eric Holder were a Border Patrol Washington, DC. have wasted our time; we will have agent and not the Attorney General, he DEAR MR. CHAIRMAN: As I have stated re- wasted our money; and we will have would have long ago been found unsuit- peatedly, I believe Operation Fast and Furi- wasted the precious opportunity to get able for government employment and ous was a terrible mistake with tragic con- the people’s business done here in the terminated.’’ sequences. As I have also stated, I support a fair and responsible investigation that fol- House. These are from the people on the lows the facts where they lead, rather than In case the majority hasn’t noticed, front lines. We have an obligation to drawing conclusions before evidence is gath- we are in the midst of a very difficult get to the bottom of this. ered or ignoring information that does not economy, where people are struggling [From the National Border Patrol Council, fit into a preconceived narrative. to find work. They are not struggling June 20, 2012] On several occasions over the past month, you have called on Attorney General Eric to find another partisan fight on the NBPC CALLS FOR THE RESIGNATION OF Holder to appear before the House Judiciary House floor. This is something that ATTORNEY GENERAL ERIC HOLDER Committee to answer questions about when cried out for resolution, but those cries JUNE 18, 2012.—The union representing U.S. he first became aware of the controversial were ignored. I urge a ‘‘no’’ vote. Border Patrol agents called for the resigna- tactics used in Operation Fast and Furious. Mr. NUGENT. Mr. Speaker, I yield 2 tion of Attorney General Eric Holder for his The Attorney General has now agreed to tes- minutes to the gentleman from Utah role in the ‘‘Operation Fast and Furious’’ tify before the House Judiciary Committee gun smuggling scandal that directly resulted (Mr. CHAFFETZ). on December 8, 2011, when you will have an- Mr. CHAFFETZ. Mr. Speaker, the in the murder of Border Patrol Agent Brian other opportunity to question him directly. Terry on December 15, 2010. reason I am so passionate about this With respect to our own Committee’s in- National Border Patrol Council President vestigation, I do not believe it will be viewed issue is that it’s about openness, it’s George E. McCubbin III called the actions of as legitimate or credible—and I do not be- about transparency, it’s about the idea the Attorney General Holder, ‘‘A slap in the lieve the public record will be complete— that there is no one person in our gov- face to all Border Patrol agents who serve without public testimony from Kenneth ernment that’s above the law; that this country’’ and ‘‘an utter failure of leader- Melson, who served as the Director of the when you have a duly issued subpoena, ship at the highest levels of government.’’ Bureau of Alcohol, Tobacco, Firearms, and you comply with that subpoena. Border Patrol agents are indoctrinated Explosives (ATF). In fact, I would like to hearken back from day one of their training that integrity A hearing with Mr. Melson would help the is their most important trait as a Border Pa- to the remarks by President Obama as Committee and the American people better trol agent and that without it they have lit- understand what mistakes were made in Op- he took office. He said: tle use to the agency. Border Patrol agents eration Fast and Furious, how these tactics Let me say as simply as I can. Trans- are quickly disciplined whenever they lie or originated, who did and did not authorize parency and the rule of law will be the show a lack of candor. The standard that ap- them. and what steps are being taken to en- touchstones of this presidency. I will also plies to these agents should at a minimum be sure that they are not used again. hold myself, as President, to a new standard applied to those who lead them. ‘‘If Eric Our staffs have already conducted tran- of openness. But the mere fact that you have Holder were a Border Patrol agent and not scribed interviews with Mr. Melson and the

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former Deputy Director of ATF, William The next day, Special Agent in Charge COMMITTEE ON OVERSIGHT AND GOV- Hoover. During those interviews, these offi- Newell responded in an e-mail, stating: ERNMENT REFORM, HOUSE OF REP- cials expressed serious concerns about the I’m so frustrated with this whole mess I’m RESENTATIVES, controversial tactics employed by the Phoe- Washington, DC, February 2, 2012. shutting the case down and any further at- nix Field Division of ATF as part of this op- Hon. DARRELL E. ISSA, tempts to do something similar. We’re done eration. They also raised concerns about the Chairman, Committee on Oversight and Govern- trying to pursue new and innovative initia- manner in which the Department of Justice ment Reform, House of Representatives, tives—it’s not worth the hassle. responded to congressional inquiries. Washington, DC. Both officials also stated that they had not It is unclear from the documents what DEAR MR. CHAIRMAN: Given your state- been aware of the controversial tactics being changed between October 6, 2007, when Spe- ments at today’s hearing, I am writing to used in Operation Fast and Furious, had not cial Agent in Charge Newell indicated that formally reiterate my previous request for authorized those tactics, and had not in- he was shutting down these operations, and the Committee to hold a public hearing with formed anyone at the Department of Justice November 16, 2007, when Attorney General former Attorney General Michael Mukasey. headquarters about them. They stated that Mukasey was presented with a proposal to On November 4, 2011, I wrote to you re- Operation Fast and Furious originated with- expand them. The documents do not indicate questing a public hearing with Mr. Mukasey in the Phoenix Field Division, and that ATF whether Attorney General Mukasey read in order to assist the Committee’s efforts in headquarters failed to properly supervise it. this briefing paper or how he responded to understanding the inception and develop- Since the Attorney General has now agreed the proposal to expand these operations. ment of so-called ‘‘gunwalking’’ operations to appear before Congress in December, I be- over the past five years in Arizona. lieve Members also deserve an opportunity ADDITIONAL GUN-WALKING OPERATIONS DURING As I described in the letter, the Committee to question Mr. Melson directly, especially THE BUSH ADMINISTRATION has now obtained a briefing paper prepared since he headed the agency responsible for for Mr. Mukasey prior to a meeting with Other documents obtained by the Com- Operation Fast and Furious. My staff has Mexican Attorney General Medina Mora. The mittee indicate that the officials who pre- been in touch with Mr. Melson’s attorney, briefing paper describes efforts in 2007 by the who reports that Mr. Melson would be pared the November 16, 2007, briefing paper Bureau of Alcohol, Tobacco, Firearms and pleased to cooperate with the Committee. for Attorney General Mukasey were aware Explosives (ATF) to coordinate interdiction Thank you for your consideration of this that it did not disclose the full scope of pre- efforts with Mexico after firearms crossed request. vious gun-walking operations. After review- the border. The briefing paper warns, how- Sincerely, ing the briefing paper, Mr. Carroll wrote an ever, that ‘‘the first attempts at this con- ELIJAH E. CUMMINGS, e-mail to Mr. Hoover, stating: ‘‘I am going to trolled delivery have not been successful.’’ Ranking Member. ask DOJ to change ‘first ever’.’’ He added: Despite these failures, the briefing paper ‘‘there have [been] cases in the past where proposes expanding such operations in the COMMITTEE ON OVERSIGHT AND GOV- we have walked guns.’’ future. It states: ERNMENT REFORM, HOUSE OF REP- Mr. Carroll’s statement appears to be a ref- ATF would like to expand the possibility RESENTATIVES, erence to an earlier operation in 2006 known of such joint investigations and controlled Washington, DC, November 4, 2011. as Operation Wide Receiver. The documents deliveries—since only then will it be possible Hon. DARRELL E. ISSA, obtained by the Committee do not indicate to investigate an entire smuggling network, Chairman, Committee on Oversight and Govern- whether Attorney General Mukasey was in rather than arresting simply a single smug- ment Reform, House of Representatives, fact informed about this operation, which oc- gler. Washington, DC. curred a year earlier. Since I sent the letter to you in November, DEAR MR. CHAIRMAN: I am writing to re- the Committee has not held a public hearing quest that the Committee hold a hearing The documents obtained by the Committee with Mr. Mukasey. with former Attorney General Michael appear to directly contradict your claim on In addition to these documents, I issued a Mukasey in order to assist our efforts in un- national television that gun-walking oper- report this week documenting that Oper- derstanding the inception and development ations under the previous Administration ation Fast and Furious was actually the of so-called ‘‘gun-walking’’ operations over were well coordinated. During an appearance fourth in a series of reckless operations run the past five years. on Face the Nation on October 16, 2011, you by the Phoenix Field Division of ATF and THE MUKASEY MEMO asserted: the Arizona U.S. Attorney’s Office dating back to 2006 involving hundreds of weapons Documents obtained by the Committee in- We know that under the Bush Administra- across two administrations. dicate that Attorney General Mukasey was tion there were similar operations, but they At today’s hearing, several Members of the briefed on November 16, 2007, on a botched were coordinated with Mexico. They made Committee acknowledged that the docu- gun-walking operation by the Bureau of Al- every effort to keep their eyes on the weap- ments obtained by the Committee do not in- cohol, Tobacco, Firearms, and Explosives ons the whole time. dicate that Mr. Mukasey approved (ATF). A briefing paper prepared for Attor- Your assertion was particularly troubling gunwalking, just as they do not indicate ney General Mukasey prior to a meeting since the Committee obtained these e-mail that Attorney General Holder approved with Mexican Attorney General Medina exchanges in July, several months before gunwalking. Nevertheless, these Members Mora describes ‘‘the first-ever attempt to your appearance on Face the Nation. expressed their belief that Mr. Mukasey’s have a controlled delivery of weapons being public testimony is necessary if the Com- smuggled into Mexico by a major arms traf- CONCLUSION mittee intends to conduct a thorough and ficker.’’ The briefing paper warns, however, evenhanded investigation of this five-year that ‘‘the first attempts at this controlled Over the past year, you have been ex- history of gunwalking in Arizona. delivery have not been successful.’’ Despite tremely critical of Attorney General Eric During an exchange with Committee Mem- these failures, the briefing paper proposes Holder, arguing that he should have known ber Gerry Connolly at today’s hearing, you expanding such operations in the future. It about the controversial tactics employed in stated that you were open to all requests for states: these operations. He has now agreed to your hearings relating to this investigation. At- ATF would like to expand the possibility request to testify before the House Judiciary torney General Holder has now testified pub- of such joint investigations and controlled Committee on December 8, 2011, to answer licly six times about these issues. It is only deliveries—since only then will it be possible additional questions about these operations. appropriate for the Committee and the pub- to investigate an entire smuggling network, Given the significant questions raised by lic to hear testimony from Mr. Mukasey at rather than arresting simply a single smug- the disclosures in these documents, our Com- least once. gler. mittee’s investigation will not be viewed as Thank you for your consideration of this Attorney General Mukasey’s briefing paper credible, even-handed, or complete unless we request. was prepared only weeks after ATF officials hear directly from Attorney General Sincerely, had expressed serious concerns with the fail- Mukasey. ELIJAH E. CUMMINGS, ure of these tactics and claimed they were Ranking Member. shutting them down. After ATF officials dis- During a press appearance on Wednesday, covered that firearms were not being inter- you stated: ‘‘Our job for the American people Mr. MCGOVERN. I yield 2 minutes to dicted, William Hoover, then ATF’s assistant is to make sure—since they say they the gentleman from Georgia (Mr. JOHN- director of field operations, wrote an e-mail shouldn’t walk guns and they did walk SON). on October 5, 2007, to Carson Carroll, ATF’s guns—is that we know they’ll never walk Mr. JOHNSON of Georgia. Mr. Speak- assistant director for enforcement programs, guns again.’’ I completely agree with this er, today we need to understand that stating: statement, and I believe my request will help there are two classes of documents. I do not want any firearms to go South us fulfill our shared goal. Thank you for until further notice. I expect a full briefing your consideration of this request. The ones that relate to pending crimi- paper on my desk Tuesday morning from Sincerely, nal investigations, those are not dis- SAC Newell [Special Agent in Charge Wil- ELIJAH E. CUMMINGS, coverable or cannot be distributed out- liam Newell] with every question answered. Ranking Member. side of the Justice Department under

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE June 28, 2012 CONGRESSIONAL RECORD — HOUSE H4173 penalty of U.S. law. You can get 5 then was approved by the U.S. attorney they have lost all sense of principle— years for doing that. You can’t expect in the Phoenix area, and then went to this is a disgraceful act. the Attorney General to turn those the Department of Justice—not to the But we will get through it. We are a over. The other class of documents is head of ATF—but to the Department of big country, and the American people internal communications. There may Justice, to DOJ and their leadership, to will recognize the disservice that the be some whiff of discoverable informa- be approved. Republican majority brings to this floor today. tion in those, but they’re covered by b 1330 executive privilege. And you really I wouldn’t be surprised, at the end of don’t know why the Attorney General It is essential that we know what was the day, whether we couldn’t even find has invoked executive privilege on done there and who did it in the proc- this Congress held in more contempt those issues, but we have to trust the ess. So this is not some ancillary thing than it is now. I think we’re at a 9 per- fact that there’s good reason for that that’s added to it. This is an important cent approval rate. That’s because of to be the case. part of this process. the actions of this majority. And the Now when you compare what has Now, there’s all this obfuscation to public will have to take account of gone on today and over the last 7 days say it’s Bush’s fault, this is political, that as we go forward. with what happened the day that Presi- there’s not enough witnesses. The es- Mr. NUGENT. I reserve the balance dent Obama was sworn in, you can un- sence of this particular contempt deals of my time. derstand why they’re doing what with the documents that, on February Mr. MCGOVERN. Mr. Speaker, I yield they’re doing today. You see, not very 4 of last year, the Department of Jus- 2 minutes to the gentlelady from Cali- long after President Obama was sworn tice sent us a letter that said they had fornia (Ms. SPEIER). Ms. SPEIER. I thank the gentleman in, we got word that MITCH MCCONNELL no idea about this. And then by Decem- said that his mission was to make ber, after all yearlong saying, No, we from Massachusetts. This should be labeled ‘‘Fast and President Obama a one-term President. didn’t know, we didn’t know, we didn’t Foolish’’ or maybe ‘‘Fast and Fake.’’ And then we know that later on that know, come back in December and say, We are not talking about gunwalking afternoon, later that evening, when ev- Oops, we did. It is what Eric Holder has here. We are doing nothing to help the eryone else was enjoying themselves at called his evolving truth. family of Brian Terry recover. What the Presidential balls, there was a We want to know the facts of how it we’re talking about are interoffice group of Congresspeople—leadership in started here and went here. There’s emails between the administration ex- the Republican Party—that were 130,000 documents that they say they ecutives in the AG’s office. I want ev- scheming on how they were going to have. They have turned over a little eryone here to be willing to turn over disrupt and say ‘‘no’’ and obstruct ev- over 7,000 of those documents. This is all of their interoffice emails. erything that this President put forth. not the prerogative for them to continue to hold and conceal those docu- But, more importantly, let’s talk So they have done that. They have about whether there’s precedence for done everything they can to make this ments. The SPEAKER pro tempore. The the assertion of executive privilege. President look bad. And let me just point to a number of This is a manufactured crisis. It has time of the gentleman has expired. cases when executive privilege was as- no legal substance whatsoever. This is Mr. NUGENT. I yield the gentleman serted for noninvolved Presidential just simply a cheap political stunt to an additional 15 seconds. Mr. LANKFORD. Fast and Furious communications. bring disfavor upon the President of In October 1981, President Reagan as- the United States. And I ask my col- has moved to slow and tedious. We have got to have those documents to be serted executive privilege over internal leagues to not let us sink to this level. deliberations within the Department of It is the first time in history that any able to finish up this investigation. It should have long since been done. the Interior concerning, interestingly Cabinet member has been found in con- enough, the Mineral Lands Leasing tempt of Congress. This is truly sad- Eric Holder told our chairman that he has these documents, but he’s using Act. dening. In October 1982, President Reagan as- Mr. NUGENT. Mr. Speaker, I yield 90 the documents as a bargaining chip to get a better deal. This is not the pre- serted executive privilege over internal seconds to the gentleman from Okla- EPA files concerning Superfund provi- homa (Mr. LANKFORD). rogative when we have a subpoena. We are not looking for some conflict sions. Mr. LANKFORD. Mr. Speaker, I In July 1986, President Reagan as- with the administration. We’re looking would have to concur. This is an inserted executive privilege over docu- to get to the facts. credibly sad day. This administration ments written by William Rehnquist Mr. MCGOVERN. Mr. Speaker, I yield that started talking about trans- when he was the head of the OLC at 11⁄2 minutes to the gentleman from parency has now sunk to the level of DOJ. actually concealing documents. Pennsylvania (Mr. FATTAH). In August 1991, President George Never has an Attorney General been Mr. FATTAH. I thank the gentleman. H.W. Bush asserted executive privilege I served for many years on the Over- held in contempt of Congress because over an internal Defense Department sight and Government Reform Com- every other Attorney General has memorandum regarding an aircraft de- mittee. I’ve been involved in a lot of turned over documents to Congress velopment contract. when they were requested. This Attor- these investigations over time. I served In December 2011, President George ney General has not. for many years on the House Ethics W. Bush asserted executive privilege I would just compare this whole con- Committee. over internal Justice Department ma- troversy with the Secret Service scan- The Congress should be embarrassed terials relating to prosecutorial deci- dal from several months ago. They put about the conduct of this investigation sionmaking. everything out, released all the docu- and the charade that brings us to the It has been done many, many times ments, walked through it. It was done. floor today. The Attorney General before by Republican Presidents. What The GSA scandal, released all the docu- can’t provide these documents. The we are doing here is a travesty to this ments, held people accountable. It was President has protected them under ex- institution and to this country. done. ATF even, when we started this ecutive order, executive privilege, Mr. NUGENT. I continue to reserve investigation a year and a half ago, put which means that the person who the balance of my time. all their documents out, put all their works for the President can’t provide Mr. MCGOVERN. Mr. Speaker, can I people out, done. them to the Congress. We all know inquire of the gentleman from Florida As soon as we get to the Department that. So to take a decent man who’s how many more speakers he has, be- of Justice, it’s slow. It’s delay, it’s served his country in almost every ca- cause we have no more speakers on this delay, it’s delay. The question is, Why? pacity—as a military veteran, as a U.S. side but myself. Why this matters when we get to the attorney here in D.C., as a judge—and Mr. NUGENT. We have no more Department of Justice documents? Be- to drag his name wrongfully before this speakers. cause in the Phoenix office, everything House, this majority, which clearly has Mr. MCGOVERN. Mr. Speaker, I yield was organized in the Phoenix office, lost its way—in their pursuit of power, myself the balance of my time.

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H4174 CONGRESSIONAL RECORD — HOUSE June 28, 2012 Mr. Speaker, there isn’t a single per- the Constitution in regards to our abil- tunately, some have been recovered in son in this House who doesn’t honor ity to have oversight. Mexico and have led to deaths in Mex- the service of Agent Terry. There isn’t I hear this stuff about witch hunt and ico. One has to wonder how many of a single person in this House who does about politics and it gets me sick, be- those guns are going to lead to deaths not want justice for Agent Terry’s fam- cause I will tell you this: as a former here in America. ily—and the truth. There isn’t a single law enforcement officer, we should be You know, when I raised my hand, person in this House, I believe, who more worried about what lousy policies along with everybody else, it was to doesn’t want to get to the bottom of that Attorney General Holder has cov- support and defend the Constitution. how gunwalking started and how these ered up that caused the death of one of When I raised my hand as a sheriff, it operations were so terribly botched. our own in protecting this country. was to support and defend the Con- But every single attempt for an even- That’s what this is all about. This is stitution. And when Officer Terry handed investigation has been thwart- about holding people accountable. raised his hand, it was to support and ed by the Republican majority. There I hear a lot of things down here. But defend the Constitution and the laws of has not been an evenhanded investiga- the rule of law, when I was subpoenaed the United States of America. tion. Every single witness that the as a sheriff, we complied with the sub- We owe it to all of our law enforce- Democrats requested to be called be- poena. I understand that the Attorney ment officers—Federal law enforce- fore the committee was refused. Every General feels that he’s above the law in ment officers, in particular—on this single witness. It’s unprecedented. regards to the subpoena, and I under- issue, to make sure that they’re pro- Let me say that Eric Holder is a good stand the President’s come in to protected. And to all of our local law en- and decent and honorable man. He’s tect him. forcement officers who are going to be doing an excellent job as Attorney But we talk about this body and what the first line of defense on the streets General. He does not deserve this. And the American people think. How about of our cities and counties, they have a this institution does not deserve this. we do the right thing, Mr. Speaker, and right to know what this Attorney Gen- I say to my friends on the other side we move forward and do the right thing eral’s office and the leadership has of the aisle: Do you really want to go in regards to all the Attorney General done, not giving people a free pass be- down this road? This is a race to the has to do is comply with the subpoena. cause it is expedient to do and because bottom. This is a witch hunt. This is By saying that he’s bent over back- we really don’t want to hear what the politics, pure and simple. It diminishes wards, I would suggest to you that absolute facts are. Let’s just push the this House of Representatives. We are under 8,000 pages of documents out of facts aside. better than this. 140,000 is not bending over backwards. Does everything have to be a con- This is about our constitutional re- Those on the other side of the aisle frontation? Does everything have to be sponsibility to provide oversight. This really don’t want to talk about the in your face? is about our constitutional responsi- facts. They want to talk about it is a Now, you want to maintain your ma- bility to make sure that the Federal witch hunt or it’s politics. jority. I get it. You want to win elec- Government stays on track, that these The facts are clear. Officer Terry is tions. That’s understandable. But at executive branch decisions that are dead. Officer Terry died because weap- what cost? Do we really need to drag made don’t put more Americans at ons were allowed to walk from the the House of Representatives down this risk. United States under the nose of the road? Nobody seems to care about the 200- ATF and under the nose of the Attor- This is a stain on this House of Rep- plus Mexican nationals that have been ney General’s office through an resentatives. We should not be here killed. Obviously, Mexico cares because OCDETF case. Those are the facts. today. We should be talking about jobs they want to indict those that were re- I would suggest that we should find and putting people back to work and sponsible for coming up with this failed out how did that come to pass. And about making sure student loans don’t idea. then in regards to what was transpired double. But instead, we are doing this. b 1340 and sent to Congress and Members of This is so political and so blatantly Congress about the fact that it didn’t partisan that I think the American This is about Congress doing its con- really occur, and then 10 months later, people are sickened by this. And as a stitutional responsibility, holding Oh, by the way, you know that memo number of people have said, You want hearings to find out what happened. we sent, it wasn’t correct; we did, in to know why the approval rating is so And when the Federal Government or fact, allow guns to walk. branches of the Federal Government low? Watch the videotape of this de- We put law enforcement officers of stand in the way and obstruct, that’s bate here today. We should be doing the United States of America at risk not the right thing to do. My friends on the peoples’ business. because this Federal Government had a the other side of the aisle should be This is not the peoples’ business. botched idea and a bad idea. This is not about getting to the truth more concerned that the Attorney Gen- in the case of Agent Terry. This is a eral has said to the Congress: Guess Mr. NUGENT. With that, I yield back political maneuver to go after this ad- what, you don’t matter. the balance of my time, and I move the ministration. And this has, unfortu- Congress does matter. Congress has a previous question on the resolution. nately, become a trend and a pattern in constitutional responsibility, Mr. The previous question was ordered. this Congress. We need to find a way to Speaker, to do just that, to have over- The SPEAKER pro tempore. The solve our problems without always sight over the executive branch, and question is on the resolution. having these big confrontations. the subpoena is a tool to allow us to do The question was taken; and the So I urge my colleagues on the other that. And, unfortunately, this Attor- Speaker pro tempore announced that side of the aisle, don’t go down this ney General feels he doesn’t have to the noes appeared to have it. comply. I beg to differ. road. We urged the Speaker of the Mr. MCGOVERN. Mr. Speaker, on I think the American people—but House yesterday to pull this from the that I demand the yeas and nays. floor. This is wrong. Please defeat this more than that, the family of Officer The yeas and nays were ordered. rule. Terry—deserve to know what tran- I yield back the balance of my time. spired and what the end of this is. And The SPEAKER pro tempore. Pursu- Mr. NUGENT. Mr. Speaker, I yield I think that we should be protecting ant to clause 8 of rule XX, this 15- myself such time as I may consume. those law enforcement officers that are minute vote on House Resolution 708 This is about Agent Terry, who gave out there today. In the United States will be followed by 5-minute votes on his life for this country. This is about of America, they are going to be facing suspending the rules and passing: H.R. what this government has done not to these same guns that were walked dur- 4251, if ordered; and H.R. 4005, if or- expose the truth but to block the ing Fast and Furious. If you read the dered. truth. This is about calling on the At- transcripts, hundreds—hundreds—of The vote was taken by electronic de- torney General to follow the Constitu- guns walked. Some have been recov- vice, and there were—yeas 254, nays tion. It’s about us following article I of ered in the United States. And, unfor- 173, not voting 5, as follows:

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE June 28, 2012 CONGRESSIONAL RECORD — HOUSE H4175 [Roll No. 437] Chu Hirono Polis The SPEAKER pro tempore. In the Cicilline Holden Price (NC) opinion of the Chair, two-thirds being YEAS—254 Clarke (MI) Holt Quigley Adams Goodlatte Olson Clarke (NY) Honda Rangel in the affirmative, the ayes have it. Aderholt Gosar Owens Clay Hoyer Reyes Mr. DENT. Mr. Speaker, on that I de- Akin Gowdy Palazzo Cleaver Israel Richardson mand the yeas and nays. Clyburn Jackson Lee Alexander Granger Paul Richmond The yeas and nays were ordered. Amash Graves (GA) Paulsen Cohen (TX) Rothman (NJ) Connolly (VA) Johnson (GA) Amodei Graves (MO) Pearce Roybal-Allard The SPEAKER pro tempore. This is a Conyers Kaptur Austria Griffin (AR) Pence Ruppersberger 5-minute vote. Cooper Keating Bachmann Griffith (VA) Peterson Rush Costa Kildee The vote was taken by electronic de- Bachus Grimm Petri Ryan (OH) Costello Kucinich vice, and there were—yeas 402, nays 21, Barletta Guinta Pitts Sa´ nchez, Linda Barrow Guthrie Courtney Langevin T. not voting 9, as follows: Platts Critz Larsen (WA) Bartlett Hall Poe (TX) Sanchez, Loretta [Roll No. 438] Barton (TX) Hanna Crowley Larson (CT) Sarbanes Pompeo Cuellar Lee (CA) Bass (NH) Harper Schakowsky YEAS—402 Posey Cummings Levin Benishek Harris Schiff Ackerman Costa Hastings (FL) Price (GA) Davis (CA) Lewis (GA) Berg Hartzler Schrader Adams Costello Hastings (WA) Quayle Davis (IL) Lipinski Biggert Hastings (WA) Schwartz Aderholt Courtney Hayworth Rahall DeFazio Loebsack Bilbray Hayworth Scott (VA) Akin Cravaack Heck Reed DeGette Lofgren, Zoe Bilirakis Heck Alexander Crawford Heinrich Rehberg DeLauro Lowey Scott, David Bishop (UT) Hensarling Altmire Crenshaw Hensarling Reichert Deutch Luja´ n Serrano Black Herger Amodei Critz Herger Renacci Dicks Lynch Sewell Blackburn Herrera Beutler Andrews Crowley Herrera Beutler Ribble Dingell Maloney Sherman Bonner Hochul Austria Cuellar Higgins Rigell Doggett Markey Shuler Bono Mack Huelskamp Baca Culberson Himes Rivera Doyle Matsui Sires Boren Huizenga (MI) Bachmann Cummings Hinchey Roby Edwards McCarthy (NY) Slaughter Boswell Hultgren Bachus Davis (CA) Hinojosa Roe (TN) Ellison McCollum Smith (WA) Boustany Hunter Baldwin Davis (IL) Hirono Engel McDermott Speier Brady (TX) Hurt Rogers (AL) Barber Davis (KY) Hochul Eshoo McGovern Stark Brooks Issa Rogers (KY) Barletta DeFazio Holden Farr McNerney Sutton Broun (GA) Jenkins Rogers (MI) Barrow DeGette Holt Fattah Meeks Thompson (CA) Buchanan Johnson (IL) Rohrabacher Bartlett DeLauro Honda Filner Michaud Thompson (MS) Bucshon Johnson (OH) Rokita Barton (TX) Denham Hoyer Frank (MA) Miller (NC) Tierney Buerkle Johnson, Sam Rooney Bass (CA) Dent Huizenga (MI) Fudge Miller, George Tonko Burgess Jones Ros-Lehtinen Bass (NH) DesJarlais Hultgren Garamendi Moore Towns Burton (IN) Jordan Roskam Benishek Deutch Hunter Gonzalez Moran Tsongas Calvert Kelly Ross (AR) Berg Diaz-Balart Hurt Green, Al Murphy (CT) Van Hollen Camp Kind Ross (FL) Berkley Dicks Israel Green, Gene Nadler Vela´ zquez Campbell King (IA) Royce Berman Dingell Issa Grijalva Napolitano Visclosky Canseco King (NY) Runyan Biggert Doggett Jackson Lee Gutierrez Neal Wasserman Cantor Kingston Ryan (WI) Bilbray Dold (TX) Hahn Olver Schultz Capito Kinzinger (IL) Scalise Bilirakis Donnelly (IN) Jenkins Hanabusa Pallone Waters Carter Kissell Schilling Bishop (GA) Doyle Johnson (GA) Hastings (FL) Pascrell Watt Cassidy Kline Schmidt Bishop (NY) Dreier Johnson (IL) Heinrich Pastor (AZ) Waxman Chabot Labrador Schock Bishop (UT) Duffy Johnson (OH) Higgins Pelosi Welch Chaffetz Lamborn Schweikert Black Edwards Johnson, Sam Himes Perlmutter Wilson (FL) Chandler Lance Scott (SC) Blackburn Ellison Jordan Hinchey Peters Woolsey Coble Landry Blumenauer Ellmers Keating Scott, Austin Hinojosa Pingree (ME) Yarmuth Coffman (CO) Lankford Sensenbrenner Bonamici Engel Kelly Cole Latham Sessions NOT VOTING—5 Bonner Eshoo Kildee Conaway LaTourette Shimkus Bono Mack Farenthold Kind Cardoza Jackson (IL) Lewis (CA) Cravaack Latta Shuster Boren Farr King (IA) Crawford LoBiondo Forbes Johnson, E. B. Simpson Boswell Fattah King (NY) Crenshaw Long Smith (NE) Boustany Filner Kinzinger (IL) Culberson Lucas b 1407 Smith (NJ) Brady (PA) Fincher Kissell Davis (KY) Luetkemeyer Smith (TX) Ms. EDWARDS and Mr. COHEN Brady (TX) Fitzpatrick Kline Denham Lummis Southerland changed their vote from ‘‘yea’’ to Braley (IA) Fleming Lamborn Dent Lungren, Daniel Brooks Flores Stearns Lance DesJarlais E. ‘‘nay.’’ Brown (FL) Forbes Landry Stivers Diaz-Balart Mack Buchanan Fortenberry Langevin Stutzman Mr. DONNELLY of Indiana and Mrs. Dold Manzullo Bucshon Foxx Lankford Sullivan LUMMIS changed their vote from Donnelly (IN) Marchant Buerkle Frank (MA) Larsen (WA) Terry Dreier Marino ‘‘nay’’ to ‘‘yea.’’ Burgess Franks (AZ) Larson (CT) Thompson (PA) Duffy Matheson So the resolution was agreed to. Burton (IN) Frelinghuysen Latham Thornberry Duncan (SC) McCarthy (CA) Butterfield Fudge LaTourette Tiberi The result of the vote was announced Duncan (TN) McCaul Calvert Gallegly Latta Tipton as above recorded. Ellmers McClintock Camp Garamendi Lee (CA) Emerson McCotter Turner (NY) A motion to reconsider was laid on Campbell Gardner Levin Farenthold McHenry Turner (OH) the table. Canseco Garrett Lewis (GA) Fincher McIntyre Upton Cantor Gerlach Lipinski Fitzpatrick McKeon Walberg f Capito Gibbs LoBiondo Walden Flake McKinley SECURING MARITIME ACTIVITIES Capps Gibson Loebsack Fleischmann McMorris Walsh (IL) Capuano Gingrey (GA) Lofgren, Zoe Fleming Rodgers Walz (MN) THROUGH RISK-BASED TAR- Carnahan Gohmert Long Flores Meehan Webster GETING FOR PORT SECURITY Carney Gonzalez Lowey Fortenberry Mica West ACT Carson (IN) Goodlatte Lucas Foxx Miller (FL) Westmoreland Carter Gosar Luetkemeyer Franks (AZ) Miller (MI) Whitfield The SPEAKER pro tempore. The un- Cassidy Gowdy Luja´ n Frelinghuysen Miller, Gary Wilson (SC) finished business is the question on Castor (FL) Granger Lungren, Daniel Gallegly Mulvaney Wittman Chabot Graves (GA) E. Gardner Murphy (PA) Wolf suspending the rules and passing the Chaffetz Graves (MO) Lynch Garrett Myrick Womack bill (H.R. 4251) to authorize, enhance, Chandler Green, Al Mack Gerlach Neugebauer Woodall and reform certain port security pro- Chu Green, Gene Maloney Gibbs Noem Yoder grams through increased efficiency and Cicilline Griffin (AR) Marchant Gibson Nugent Young (AK) Clarke (MI) Griffith (VA) Marino Gingrey (GA) Nunes Young (FL) risk-based coordination within the De- Clarke (NY) Grijalva Markey Gohmert Nunnelee Young (IN) partment of Homeland Security, and Clay Grimm Matheson for other purposes, as amended. Cleaver Guinta Matsui NAYS—173 The Clerk read the title of the bill. Clyburn Guthrie McCarthy (CA) Ackerman Berkley Brown (FL) Coble Gutierrez McCarthy (NY) Altmire Berman Butterfield The SPEAKER pro tempore. The Coffman (CO) Hahn McCaul Andrews Bishop (GA) Capps question is on the motion offered by Cohen Hall McClintock Baca Bishop (NY) Capuano the gentleman from New York (Mr. Cole Hanabusa McCollum Conaway Hanna McCotter Baldwin Blumenauer Carnahan KING) that the House suspend the rules Barber Bonamici Carney Connolly (VA) Harper McDermott Bass (CA) Brady (PA) Carson (IN) and pass the bill, as amended. Conyers Harris McGovern Becerra Braley (IA) Castor (FL) The question was taken. Cooper Hartzler McHenry

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H4176 CONGRESSIONAL RECORD — HOUSE June 28, 2012 McIntyre Rangel Shuster Mr. LANDRY. Mr. Speaker, on rollcall No. Gutierrez McClintock Runyan McKeon Reed Simpson Hahn McCollum Ruppersberger McKinley Rehberg Sires 438 I inadvertently voted ‘‘yea.’’ I meant to Hall McCotter Rush McMorris Reichert Slaughter vote ‘‘nay’’ because of the drone issue. Hanabusa McDermott Ryan (OH) Rodgers Renacci Smith (NE) Hanna McGovern Ryan (WI) McNerney Reyes Smith (NJ) f Harper McHenry Sa´ nchez, Linda Meehan Richardson Smith (TX) Harris McIntyre T. Meeks Richmond Smith (WA) GAUGING AMERICAN PORT Hartzler McKeon Sanchez, Loretta Mica Rigell Southerland SECURITY ACT Hastings (FL) McKinley Sarbanes Michaud Rivera Speier Hastings (WA) McMorris Scalise Miller (FL) Roby Stark The SPEAKER pro tempore. The un- Hayworth Rodgers Schakowsky Miller (MI) Roe (TN) Stearns Heck McNerney Schiff Miller (NC) Rogers (AL) finished business is the question on Stivers suspending the rules and passing the Heinrich Meehan Schilling Miller, Gary Rogers (KY) Stutzman Hensarling Meeks Schmidt Miller, George Rogers (MI) Sullivan bill (H.R. 4005) to direct the Secretary Herger Mica Schock Moore Rohrabacher Sutton of Homeland Security to conduct a Herrera Beutler Michaud Schrader Moran Rokita Terry Higgins Miller (FL) Schwartz Mulvaney Rooney study and report to Congress on gaps in Thompson (CA) Himes Miller (MI) Schweikert Murphy (CT) Ros-Lehtinen port security in the United States and Thompson (MS) Hinchey Miller (NC) Scott (SC) Murphy (PA) Roskam Thompson (PA) a plan to address them, as amended. Hinojosa Miller, Gary Scott (VA) Myrick Ross (AR) Thornberry Hirono Miller, George Nadler Ross (FL) The Clerk read the title of the bill. Scott, Austin Hochul Moore Napolitano Rothman (NJ) Tiberi The SPEAKER pro tempore. The Scott, David Holden Moran Neal Roybal-Allard Tierney Sensenbrenner question is on the motion offered by Holt Mulvaney Neugebauer Royce Tipton Serrano the gentleman from New York (Mr. Honda Murphy (CT) Noem Runyan Tonko Sessions Murphy (PA) Nugent Ruppersberger Towns KING) that the House suspend the rules Hoyer Sewell Myrick Nunes Rush Tsongas and pass the bill, as amended. Huelskamp Sherman Huizenga (MI) Nadler Nunnelee Ryan (OH) Turner (NY) The question was taken. Shimkus Olson Ryan (WI) Turner (OH) Hultgren Napolitano Shuler Olver Sa´ nchez, Linda Upton The SPEAKER pro tempore. In the Hunter Neal Shuster Owens T. Van Hollen opinion of the Chair, two-thirds being Hurt Neugebauer Simpson Palazzo Sanchez, Loretta Vela´ zquez in the affirmative, the ayes have it. Israel Noem Sires Visclosky Issa Nugent Pallone Sarbanes Mr. GOSAR. Mr. Speaker, on that I Slaughter Pascrell Scalise Walberg Jackson Lee Nunes Smith (NE) Pastor (AZ) Schakowsky Walden demand the yeas and nays. (TX) Nunnelee Smith (NJ) Paulsen Schiff Walz (MN) The yeas and nays were ordered. Jenkins Olson Smith (TX) Pearce Schilling Wasserman The SPEAKER pro tempore. This is a Johnson (GA) Olver Smith (WA) Schultz Johnson (IL) Owens Pelosi Schmidt 5-minute vote. Southerland Pence Schock Waters Johnson (OH) Palazzo Speier Perlmutter Schrader Watt The vote was taken by electronic de- Johnson, Sam Pallone Stark Peters Schwartz Waxman vice, and there were—yeas 411, nays 9, Jones Pascrell Stearns Peterson Schweikert Webster Jordan Pastor (AZ) Stivers not voting 12, as follows: Paulsen Petri Scott (SC) Whitfield Keating Stutzman Kelly Pearce Pingree (ME) Scott (VA) Wilson (FL) [Roll No. 439] Sullivan Kildee Pelosi Pitts Scott, Austin Wilson (SC) YEAS—411 Sutton Kind Pence Platts Scott, David Wittman Thompson (CA) Ackerman Canseco Doggett King (IA) Perlmutter Poe (TX) Sensenbrenner Wolf Thompson (MS) Womack Adams Cantor Dold King (NY) Peters Pompeo Serrano Thompson (PA) Yarmuth Aderholt Capito Donnelly (IN) Kingston Peterson Price (GA) Sessions Thornberry Yoder Akin Capps Doyle Kinzinger (IL) Petri Price (NC) Sewell Tiberi Quayle Sherman Young (AK) Alexander Capuano Dreier Kissell Pingree (ME) Tierney Quigley Shimkus Young (FL) Altmire Carnahan Duffy Kline Pitts Tipton Rahall Shuler Young (IN) Amodei Carney Duncan (SC) Labrador Platts Tonko Andrews Carson (IN) Duncan (TN) Lamborn Poe (TX) Towns NAYS—21 Austria Carter Edwards Lance Polis Tsongas Amash Jones Posey Baca Cassidy Ellison Landry Pompeo Turner (NY) Broun (GA) Kingston Ribble Bachmann Castor (FL) Ellmers Langevin Posey Duncan (SC) Kucinich Walsh (IL) Bachus Chabot Emerson Lankford Price (GA) Turner (OH) Duncan (TN) Labrador Welch Baldwin Chaffetz Engel Larsen (WA) Price (NC) Upton Emerson Lummis West Barber Chandler Eshoo Larson (CT) Quayle Van Hollen ´ Flake Paul Westmoreland Barletta Chu Farenthold Latham Quigley Velazquez Huelskamp Polis Woodall Barrow Cicilline Farr Latta Rahall Visclosky Bartlett Clarke (MI) Fattah Lee (CA) Reed Walberg NOT VOTING—9 Barton (TX) Clarke (NY) Filner Levin Rehberg Walden Becerra Jackson (IL) Lewis (CA) Bass (CA) Clay Fincher Lewis (GA) Reichert Walz (MN) Cardoza Johnson, E. B. Manzullo Bass (NH) Cleaver Fitzpatrick Lipinski Renacci Wasserman Becerra Clyburn Fleischmann Kaptur Woolsey Fleischmann LoBiondo Reyes Schultz Benishek Coble Fleming Loebsack Richardson Waters Berg Coffman (CO) Flores ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Lofgren, Zoe Richmond Watt Berkley Cohen Forbes The SPEAKER pro tempore (during Long Rigell Waxman Berman Cole Fortenberry Lowey Rivera Webster the vote). There are 2 minutes remain- Biggert Conaway Foxx Lucas Roby Welch ing. Bilbray Connolly (VA) Franks (AZ) Luetkemeyer Roe (TN) West Bilirakis Conyers Frelinghuysen Lungren, Daniel Rogers (AL) Westmoreland b 1415 Bishop (GA) Cooper Fudge E. Rogers (KY) Wilson (FL) Bishop (NY) Costa Gallegly Messrs. KINGSTON, WESTMORE- Lynch Rogers (MI) Wilson (SC) Bishop (UT) Costello Garamendi Mack Rohrabacher Wittman LAND, and RIBBLE changed their vote Black Courtney Gardner Maloney Rokita Wolf from ‘‘yea’’ to ‘‘nay.’’ Blumenauer Cravaack Garrett Womack Bonamici Crawford Gerlach Marchant Rooney So (two-thirds being in the affirma- Woodall Bonner Crenshaw Gibbs Marino Ros-Lehtinen tive) the rules were suspended and the Woolsey Bono Mack Critz Gibson Markey Roskam Yarmuth bill, as amended, was passed. Boren Crowley Gingrey (GA) Matheson Ross (AR) The result of the vote was announced Boswell Cuellar Gohmert Matsui Ross (FL) Yoder Boustany Culberson Gonzalez McCarthy (CA) Rothman (NJ) Young (AK) as above recorded. McCarthy (NY) Roybal-Allard Young (FL) A motion to reconsider was laid on Brady (PA) Cummings Goodlatte Braley (IA) Davis (CA) Gosar McCaul Royce Young (IN) the table. Brooks Davis (IL) Gowdy Stated for: Broun (GA) Davis (KY) Granger NAYS—9 Mr. FLEISCHMANN. Mr. Speaker, on rollcall Brown (FL) DeFazio Graves (GA) Amash Kucinich Ribble No. 438 I was unavoidably detained. Had I Buchanan DeGette Graves (MO) Blackburn Lummis Terry Bucshon DeLauro Green, Al Flake Paul Walsh (IL) been present, I would have voted ‘‘yea.’’ Buerkle Denham Green, Gene Mr. BECERRA. Mr. Speaker, earlier today I Burgess Dent Griffin (AR) NOT VOTING—12 was unavoidably detained and missed rollcall Burton (IN) DesJarlais Griffith (VA) Butterfield Deutch Grijalva Brady (TX) Johnson, E. B. Luja´ n vote 438. If present, I would have voted ‘‘yea’’ Calvert Diaz-Balart Grimm Cardoza Kaptur Manzullo on rollcall vote 438. Camp Dicks Guinta Frank (MA) LaTourette Rangel Stated against: Campbell Dingell Guthrie Jackson (IL) Lewis (CA) Whitfield

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ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE for interfering with ongoing criminal inves- I. EXECUTIVE SUMMARY The SPEAKER pro tempore (during tigations; insisting on a personal attack The Department of Justice has refused to the vote). There are 2 minutes remain- against the attorney general of the united comply with congressional subpoenas related ing. states; and for calling the Attorney General to Operation Fast and Furious, an Adminis- of the United States a liar on national tele- tration initiative that allowed around two b 1423 vision without corroborating evidence there- thousand firearms to fall into the hands of by discredit to the integrity of the House. So (two-thirds being in the affirma- drug cartels and may have led to the death The SPEAKER pro tempore. Under of a U.S. Border Patrol Agent. The con- tive) the rules were suspended and the sequences of the lack of judgment that per- bill, as amended, was passed. rule IX, a resolution offered from the floor by a Member other than the ma- mitted such an operation to occur are tragic. The result of the vote was announced The Department’s refusal to work with as above recorded. jority leader or the minority leader as Congress to ensure that it has fully complied A motion to reconsider was laid on a question of the privileges of the with the Committee’s efforts to compel the the table. House has immediate precedence only production of documents and information re- at a time designated by the Chair with- lated to this controversy is inexcusable and f in 2 legislative days after the resolu- cannot stand. Those responsible for allowing NOTICE OF INTENTION TO OFFER tion is properly noticed. Fast and Furious to proceed and those who RESOLUTION RAISING A QUES- Pending that designation, the form of are preventing the truth about the operation TION OF THE PRIVILEGES OF the resolution noticed by the gentle- from coming out must be held accountable for their actions. THE HOUSE woman from Texas will appear in the Having exhausted all available options in Ms. JACKSON LEE of Texas. Mr. RECORD at this point. obtaining compliance, the Chairman of the Speaker, pursuant to clause 2(a)(1) of The Chair will not at this point de- Oversight and Government Reform Com- rule IX, I rise to give notice of my in- termine whether the resolution con- mittee recommends that Congress find the tent to raise a question of the privi- stitutes a question of privilege. That Attorney General in contempt for his failure to comply with the subpoena issued to him. leges of the House. determination will be made at the time The form of the resolution is as fol- designated for consideration of the res- II. AUTHORITY AND PURPOSE lows: olution. An important corollary to the powers expressly granted to Congress by the Constitu- f Whereas the chair of the Committee on tion is the implicit responsibility to perform Oversight and Government Reform has inter- b 1430 rigorous oversight of the Executive Branch. fered with the work of an independent agen- The U.S. Supreme Court has recognized this cy and pressured an administrative law judge RECOMMENDING THAT ATTORNEY Congressional power on numerous occasions. of the National Labor Relations Board by GENERAL ERIC HOLDER BE For example, in McGrain v. Daugherty, the compelling the production of documents re- FOUND IN CONTEMPT OF CON- Court held that ‘‘the power of inquiry—with lated to an ongoing case, something inde- GRESS process to enforce it—is an essential and ap- pendent experts said ‘‘could seriously under- propriate auxiliary to the legislative func- mine the authority of those charged with en- Mr. ISSA. Mr. Speaker, by direction tion. . . . A legislative body cannot legislate forcing the nation’s labor laws’’ and which of the Committee on Oversight and wisely or effectively in the absence of infor- the House Ethics Manual discourages by not- Government Reform, I call up the re- mation respecting the conditions which the ing that ‘‘Federal courts have nullified ad- port (H.Rept. 112–546) to accompany legislation is intended to affect or change, ministrative decisions on grounds of due and where the legislative body does not itself process and fairness towards all of the par- resolution recommending that the House of Representatives find Eric H. possess the requisite information—which not ties when congressional interference with infrequently is true—recourse must be had ongoing administrative proceedings may Holder, Jr., Attorney General, U.S. De- to others who do possess it.’’ 1 Further, in have unduly influenced the outcome’’; partment of Justice, in contempt of Watkins v. United States, Chief Justice War- Whereas the chair of the Committee on Congress for refusal to comply with a ren wrote for the majority: ‘‘The power of Oversight and Government Reform has po- subpoena duly issued by the Committee Congress to conduct investigations is inher- liticized investigations by rolling back long- on Oversight and Government Reform. ent in the legislative process. That power is standing bipartisan precedents, including by The Clerk read the title of the report. broad.’’ 2 authorizing subpoenas without the concur- Both the Legislative Reorganization Act of rence of the ranking member or a committee The SPEAKER pro tempore. Pursu- ant to House Resolution 708, the report 1946 (P.L. 79–601), which directed House and vote, by refusing to share documents and Senate Committees to ‘‘exercise continuous other information with the ranking member, is considered read. watchfulness’’ over Executive Branch pro- and restricting the minority’s right to call The text of the report is as follows: grams under their jurisdiction, and the Leg- witnesses at hearings; The Committee on Oversight and Govern- islative Reorganization Act of 1970 (P.L. 91– Whereas the chair of the Committee on ment Reform, having considered this Report, 510), which authorized committees to ‘‘re- Oversight and Government Reform has jeop- report favorably thereon and recommend view and study, on a continuing basis, the ardized an ongoing criminal investigation by that the Report be approved. application, administration and execution’’ publicly releasing documents that his own The form of the resolution that the Com- of laws, codify the oversight powers of Con- staff has admitted were under court seal; mittee on Oversight and Government Reform gress. Whereas the chair of the Committee on would recommend to the House of Represent- The Committee on Oversight and Govern- Oversight and Government Reform has uni- atives for citing Eric H. Holder, Jr., Attor- ment Reform is a standing committee of the laterally subpoenaed a witness who was ex- ney General, U.S. Department of Justice, for House of Representatives, duly established pected to testify at an upcoming Federal contempt of Congress pursuant to this report pursuant to the Rules of the House of Rep- trial, despite longstanding precedent and ob- is as follows: resentatives, which are adopted pursuant to jections from the Department of Justice that Resolved, That Eric H. Holder, Jr., Attor- the Rulemaking Clause of the Constitution.3 such a step could cause complications at a ney General of the United States, shall be House rule X grants to the Committee broad trial and potentially jeopardize a criminal found to be in contempt of Congress for fail- oversight jurisdiction, including authority conviction; ure to comply with a congressional sub- to ‘‘conduct investigations of any matter Whereas the chair of the Committee on poena. without regard to clause 1, 2, 3, or this clause Oversight and Government Reform has en- Resolved, That pursuant to 2 U.S.C. 192 and [of House rule X] conferring jurisdiction over gaged in a witch hunt, through the use of re- 194, the Speaker of the House of Representa- the matter to another standing com- peated incorrect and uncorroborated state- tives shall certify the report of the Com- mittee.’’ 4 The rules direct the Committee to ments in the committee’s ‘‘Fast and Furi- mittee on Oversight and Government Re- make available ‘‘the findings and rec- ous’’ investigation; and form, detailing the refusal of Eric H. Holder, ommendations of the committee . . . to any Whereas the chair of the Committee on Jr., Attorney General, U.S. Department of other standing committee having jurisdic- Oversight and Government Reform has cho- Justice, to produce documents to the Com- tion over the matter involved.’’ 5 sen to call the Attorney General of the mittee on Oversight and Government Reform House rule XI specifically authorizes the United States a liar on national television as directed by subpoena, to the United Committee to ‘‘require, by subpoena or oth- without corroborating evidence and has ex- States Attorney for the District of Colum- erwise, the attendance and testimony of such hibited unprofessional behavior which could bia, to the end that Mr. Holder be proceeded result in jeopardizing an ongoing Committee against in the manner and form provided by 1 McGrain v. Daugherty, 273 U.S. 135, 174 (1927). investigation into Operation Fast and Furi- law. 2 Watkins v. United States, 354 U.S. 178, 187 (1957). ous: Now, therefore, be it Resolved, That the Speaker of the House 3 U.S. CONST., art. I, 5, clause 2. Resolved, That the House of Representa- shall otherwise take all appropriate action 4 House rule X, clause (4)(c)(2). tives disapproves of the behavior of the chair to enforce the subpoena. 5 Id.

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H4178 CONGRESSIONAL RECORD — HOUSE June 28, 2012 witnesses and the production of such books, On October 11, 2011, the Justice Depart- In mid-November 2009, just weeks after the records, correspondence, memoranda, papers, ment informed the Committee its document strategy was issued, Fast and Furious began. and documents as it considers necessary.’’ 6 production pursuant to the March 31, 2011, Its objective was to establish a nexus be- The rule further provides that the ‘‘power to subpoena was complete. The next day, the tween straw purchasers of firearms in the authorize and issue subpoenas’’ may be dele- Committee issued a detailed subpoena to At- United States and Mexican drug-trafficking gated to the Committee chairman.7 The sub- torney General Eric Holder for additional organizations (DTOs) operating on both sides poenas discussed in this report were issued documents related to Fast and Furious. of the United States-Mexico border. Straw pursuant to this authority. On February 2, 2012, the Committee held a purchasers are individuals who are legally The Committee’s investigation into ac- hearing entitled ‘‘Fast and Furious: Manage- entitled to purchase firearms for themselves, tions by senior officials in the U.S. Depart- ment Failures at the Department of Jus- but who unlawfully purchase weapons with ment of Justice and the Bureau of Alcohol, tice.’’ The Attorney General testified at that the intent to transfer them to someone else, Tobacco, Firearms, and Explosives (ATF) in hearing. in this case DTOs or other criminals. designing, implementing, and supervising The Committee has issued two staff re- During Fast and Furious, ATF agents used the execution of Operation Fast and Furious, ports documenting its initial investigative an investigative technique known as and subsequently providing false denials to findings. The first, The Department of Justice’s ‘‘gunwalking’’—that is, allowing illegally- Congress, is being undertaken pursuant to Operation Fast and Furious: Accounts of ATF purchased weapons to be transferred to third the authority delegated to the Committee Agents, was released on June 14, 2011. The parties without attempting to disrupt or under House Rule X as described above. second, The Department of Justice’s Operation deter the illegal activity. ATF agents aban- The oversight and legislative purposes of Fast and Furious: Fueling Cartel Violence, was doned surveillance on known straw pur- the investigations are (1) to examine and ex- released on July 26, 2011. chasers after they illegally purchased weap- pose any possible malfeasance, abuse of au- Throughout the investigation, the Com- ons that ATF agents knew were destined for thority, or violation of existing law on the mittee has made numerous attempts to ac- Mexican drug cartels. Many of these trans- part of the executive branch with regard to commodate the interests of the Department actions established probable cause for agents the conception and implementation of Oper- of Justice. Committee staff has conducted to interdict the weapons or arrest the posses- ation Fast and Furious, and (2) based on the numerous meetings and phone conversations sors, something every agent was trained to do. Yet, Fast and Furious aimed instead to results of the investigation, to assess wheth- with Department lawyers to clarify and allow the transfer of these guns to third par- er the conduct uncovered may warrant addi- highlight priorities with respect to the sub- ties. In this manner, the guns fell into the tions or modifications to federal law and to poenas. Committee staff has been flexible in hands of DTOs, and many would turn up at make appropriate legislative recommenda- scheduling dates for transcribed interviews; tions. crime scenes. ATF then traced these guns to agreed to review certain documents in cam- their original straw purchaser, in an attempt In particular, the Committee’s investiga- era; allowed extensions of production dead- tion has highlighted the need to obtain infor- to establish a connection between that indi- lines; agreed to postpone interviewing the vidual and the DTO. mation that will aid Congress in considering Department’s key Fast and Furious trial whether a revision of the statutory provi- Federal Firearms Licensees (FFLs), who witness; and narrowed the scope of docu- cooperated with ATF, were an integral com- sions governing the approval of federal wire- ments the Department must produce to be in tap applications may be necessary. The ponent of Fast and Furious. Although some compliance with the subpoena and to avoid major breakdown in the process that oc- FFLs were reluctant to continue selling contempt proceedings. weapons to suspicious straw purchasers, ATF curred with respect to the Fast and Furious Despite the Committee’s flexibility, the wiretap applications necessitates careful ex- encouraged them to do so, reassuring the Department has refused to produce certain FFLs that ATF was monitoring the buyers amination of the facts before proposing a documents to the Committee. The Depart- legislative remedy. Procedural improve- and that the weapons would not fall into the ment has represented on numerous occasions wrong hands.9 ATF worked with FFLs on or ments may need to be codified in statute to that it will not produce broad categories of mandate immediate action in the face of about the date of sale to obtain the unique documents. The Department has not pro- highly objectionable information relating to serial number of each firearm sold. Agents vided a privilege log delineating with par- entered these serial numbers into ATF’s Sus- operational tactics and details contained in ticularity why certain documents are being pect Gun Database within days after the pur- future applications. The Committee’s investigation has called withheld. chase. Once these firearms were recovered at The Department’s efforts at accommoda- into question the ability of ATF to carry out crime scenes, the Suspect Gun Database al- tion and ability to work with the Committee its statutory mission and the ability of the lowed for expedited tracing of the firearms regarding its investigation into Fast and Fu- Department of Justice to adequately super- to their original purchasers. rious have been wholly inadequate. The Com- By December 18, 2009, ATF agents assigned vise it. The information sought is needed to mittee requires the subpoenaed documents to Fast and Furious had already identified consider legislative remedies to restructure fifteen interconnected straw purchasers in ATF as needed. to meet its constitutionally mandated oversight and legislative duties. the targeted gun trafficking ring. These III. BACKGROUND ON THE COMMITTEE’S IV. OPERATION FAST AND FURIOUS: straw purchasers had already purchased 500 INVESTIGATION 10 BREAKDOWNS AT ALL LEVELS OF THE firearms. In a biweekly update to Bill New- In February 2011, the Oversight and Gov- DEPARTMENT OF JUSTICE ell, ATF Group Supervisor David Voth ex- ernment Reform Committee joined Senator plained that 50 of the 500 firearms purchased Charles E. Grassley, Ranking Member of the The story of Operation Fast and Furious is by straw buyers had already been recovered Senate Committee on the Judiciary, in in- one of widespread dysfunction across numer- in Mexico or near the Mexican border.11 vestigating Operation Fast and Furious, a ous components of the Department of Jus- These guns had time-to-crimes of as little as program conducted by ATF. On March 16, tice. This dysfunction allowed Fast and Furi- one day, strongly indicating straw pur- 2011, Chairman Darrell Issa wrote to then- ous to originate and grow at a local level be- chasing.12 Acting ATF Director Kenneth E. Melson re- fore senior officials at Department of Justice Starting in late 2009, many line agents ob- questing documents and information regard- headquarters ultimately approved and au- jected vociferously to some of the techniques ing Fast and Furious. Responding for Melson thorized it. The dysfunction within and used during Fast and Furious, including and ATF, the Department of Justice did not among Department components continues to gunwalking. The investigation continued for provide any documents or information to the this day. another year, however, until shortly after Committee by the March 30, 2011, deadline. A. THE ATF PHOENIX FIELD DIVISION December 15, 2010, when two weapons from The Committee issued a subpoena to Melson In October 2009, the Office of the Deputy Fast and Furious were recovered at the mur- the next day. The Department produced zero Attorney General (ODAG) in Washington, der scene of U.S. Border Patrol Agent Brian pages of non-public documents pursuant to D.C. promulgated a new strategy to combat Terry. that subpoena until June 10, 2011, on the eve gun trafficking along the Southwest Border. Pursuant to the Deputy Attorney Gen- eral’s strategy, in late January 2010 the ATF of the Committee’s first Fast and Furious This new strategy directed federal law en- Phoenix Field Division applied for Fast and hearing. forcement to shift its focus away from seiz- Furious to become an Organized Crime Drug On June 13, 2011, the Committee held a ing firearms from criminals as soon as pos- Enforcement Task Force (OCDETF) case. In hearing entitled ‘‘Obstruction of Justice: sible, and to focus instead on identifying Does the Justice Department Have to Re- preparation for the OCDETF application members of trafficking networks. The Office process, the ATF Phoenix Field Division pre- spond to a Lawfully Issued and Valid Con- of the Deputy Attorney General shared this gressional Subpoena?’’ The Committee held pared a briefing paper detailing the inves- strategy with the heads of many Department tigative strategy employed in Fast and Furi- a second hearing on June 15, 2011, entitled 8 components, including ATF. ous. This document was not initially pro- ‘‘Operation Fast and Furious: Reckless Deci- Members of the ATF Phoenix Field Divi- duced by the Department pursuant to its sions, Tragic Outcomes.’’ The Committee sion, led by Special Agent in Charge Bill held a third hearing on July 26, 2011, entitled Newell, became familiar with this new strat- ‘‘Operation Fast and Furious: The Other Side egy and used it in creating Fast and Furious. 9 Transcribed Interview of Special Agent Peter of the Border.’’ Forcelli, at 53–54 (Apr. 28, 2011). 10 E-mail from Kevin Simpson, Intelligence Officer, 8 E-mail from [Dep’t of Justice] on behalf of Dep- Phoenix FIG, ATF, to David Voth (Dec. 18, 2009). 6 House rule XI, clause (2)(m)(1)(B). uty Att’y Gen. David Ogden to Kathryn Ruemmler, 11 Id. 7 House rule XI, clause (2)(m)(3)(A)(i). et al. (Oct. 26, 2009). 12 Id.

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subpoena, but rather was obtained by a con- The next day, December 9, 2009, the Acting D. THE CRIMINAL DIVISION fidential source. The briefing paper stated: ATF Director first learned about Fast and 1. COORDINATION WITH ATF Furious and the large recovery of weapons Currently our strategy is to allow the In early September 2009, according to De- that had already occurred.17 The following transfer of firearms to continue to take partment e-mails, ATF and the Department week, OSII briefed senior ATF officials about place, albeit at a much slower pace, in order of Justice’s Criminal Division began discus- another large cache of Fast and Furious to further the investigation and allow for the sions ‘‘to talk about ways CRM [Criminal Di- weapons that had been recovered in Mexico.18 identification of additional co-conspirators vision] and ATF can coordinate on gun traf- who would continue to operate and illegally On January 5, 2010, OSII presented senior ficking and gang-related initiatives.’’ 27 traffic firearms to Mexican DTOs which are ATF officials with a summary of all of the Early on in these discussions, Lanny Breuer, perpetrating armed violence along the weapons that could be linked to known straw Assistant Attorney General for the Criminal purchasers in Fast and Furious. In just two Southwest Border.13 Division, sent an attorney to help the U.S. months, these straw purchasers bought a Attorney’s Office in Arizona prosecute ATF Fast and Furious was approved as an total of 685 guns. This number raised the ire cases. The first case chosen for prosecution OCDETF case, and this designation resulted of several individuals in the room, who ex- was Operation Wide Receiver, a year-long in new operational funding. Additionally, pressed concerns about the growing oper- ATF Phoenix Field Division investigation Fast and Furious became a prosecutor-led ation.19 initiated in 2006, which involved several hun- OCDETF Strike Force case, meaning that On March 5, 2010, ATF headquarters hosted dred guns being walked. The U.S. Attorney’s ATF would join with the Federal Bureau of a larger, more detailed briefing on Operation Office in Arizona, objecting to the tactics Investigation, Drug Enforcement Adminis- Fast and Furious. David Voth, the Group Su- used in Wide Receiver, had previously re- tration, Internal Revenue Service, and Im- pervisor overseeing Fast and Furious, trav- fused to prosecute the case. migrations and Customs Enforcement under eled from Phoenix to give the presentation. According to James Trusty, a senior offi- the leadership of the U.S. Attorney’s Office He gave an extremely detailed synopsis of cial in the Criminal Division’s Gang Unit, in for the District of Arizona. the status of the investigation, including the September 2009 Assistant Attorney General B. THE UNITED STATES ATTORNEY’S OFFICE number of guns purchased, weapons seizures Breuer was ‘‘VERY interested in the Arizona FOR THE DISTRICT OF ARIZONA to date, money spent by straw purchasers, gun trafficking case [Wide Receiver], and he The U.S. Attorney’s Office for the District and organizational charts of the relation- is traveling out [to Arizona] around 9/21. of Arizona led the Fast and Furious OCDETF ships among straw purchasers and to mem- Consequently, he asked us for a ‘briefing’ on Strike Force. Although ATF was the lead bers of the Sinaloa drug cartel. At that that case before the 21st rolls around.’’ 28 The law enforcement agency for Fast and Furi- point, the straw purchasers had bought 1,026 next day, according to Trusty, Breuer’s chief ous, its agents took direction from prosecu- weapons, costing nearly $650,000.20 of staff ‘‘mentioned the case again, so there tors in the U.S. Attorney’s Office. The lead NATF’s Phoenix Field Division informed is clearly great attention/interest from the federal prosecutor for Fast and Furious was ATF headquarters of large weapons recov- front office.’’ 29 Assistant U.S. Attorney Emory Hurley, who eries tracing back to Fast and Furious. The When the Criminal Division prosecutor ar- played an integral role in the day-to-day, Phoenix Field Division had frequently for- rived in Arizona, she gave Trusty her impres- tactical management of the case.14 warded these updates directly to Deputy sions of the case. Her e-mail stated: Many ATF agents working on Operation Fast and Furious came to believe that some ATF Director Billy Hoover and Acting ATF Case involves 300 to 500 guns.... It is my 21 of the most basic law enforcement tech- Director Ken Melson. When Hoover learned understanding that a lot of these guns niques used to interdict weapons required about how large Fast and Furious had grown ‘‘walked’’. Whether some or all of that was the explicit approval of the U.S. Attorney’s in March 2010, he finally ordered the develop- intentional is not known.30 ment of an exit strategy.22 This exit strat- Office, and specifically from Hurley. On nu- Discussions between ATF and the Criminal merous occasions, Hurley and other federal egy, something Hoover had never before requested in any other case, was a timeline for Division regarding inter-departmental co- prosecutors withheld this approval, to the ordination continued over the next few mounting frustration of ATF agents.15 The ATF to wind down the case.23 months. On December 3, 2009, the Acting U.S. Attorney’s Office chose not to use other Though Hoover commissioned the exit ATF Director e-mailed Breuer about this co- available investigative tools common in gun strategy in March, he did not receive it until operation. He stated: trafficking cases, such as civil forfeitures early May. The three-page document out- and seizure warrants, during the seminal pe- lined a 30-, 60-, and 90-day strategy for wind- Lanny: We have decided to take a little dif- riods of Fast and Furious. ing down Fast and Furious and handing it ferent approach with regard to seizures of The U.S. Attorney’s Office advised ATF over to the U.S. Attorney’s Office for pros- multiple weapons in Mexico. Assuming the that agents needed to meet unnecessarily ecution.24 guns are traced, instead of working each strict evidentiary standards in order to In July 2010, Acting Director Melson ex- trace almost independently of the other speak with suspects, temporarily detain pressed concern about the number of weap- traces from the seizure, I want to coordinate them, or interdict weapons. ATF’s reliance ons flowing to Mexico,25 and in October 2010 and monitor the work on all of them collec- on this advice from the U.S. Attorney’s Of- the Assistant Director for Field Operations, tively as if the seizure was one case.31 fice during Fast and Furious resulted in the number three official in ATF, expressed Breuer responded: many lost opportunities to interdict weap- concern that ATF had not yet halted the ons. straw purchasing activity in Fast and Furi- We think this is a terrific idea and a great In addition to leading the Fast and Furious ous.26 Despite these concerns, however, the way to approach the investigations of these OCDETF task force, the U.S. Attorney’s Of- U.S. Attorney’s Office continued to delay the seizures. Our Gang Unit will be assigning an fice was instrumental in preparing the wire- indictments, and no one at ATF head- attorney to help you coordinate this effort.32 tap applications that were submitted to the quarters ordered the Phoenix Field Division Kevin Carwile, Chief of the Gang Unit, as- Justice Department’s Criminal Division. to simply arrest the straw purchasers in Federal prosecutors in Arizona filed at least signed an attorney, Joe Cooley, to assist order to take them off the street. The mem- six of these applications, each containing ATF, and Operation Fast and Furious was se- bers of the firearms trafficking ring were not immense detail about operational tactics lected as a recipient of this assistance. arrested until two weapons from Fast and and specific information about straw pur- Shortly after his assignment, Cooley had to Furious were found at the murder scene of chasers, in federal court after Department rearrange his holiday plans to attend a sig- Border Patrol Agent Brian Terry. headquarters authorized them. nificant briefing on Fast and Furious.33 C. ATF HEADQUARTERS Cooley was assigned to Fast and Furious 17 for the next three months. He advised the Fast and Furious first came to the atten- Oversight of the U.S. Department of Justice: Hear- lead federal prosecutor, Emory Hurley, and tion of ATF Headquarters on December 8, ing Before the S. Comm. on the Judiciary, 112th Cong. (May 4, 2011) (Questions for the Record of Hon. Eric received detailed briefings on operational de- 2009, just weeks after the case was officially H. Holder, Jr., Att’y Gen. of the U.S.). tails. Cooley, though, was not the only opened in Phoenix. ATF’s Office of Strategic 18 Leadmon Interview, supra note 16. Criminal Division attorney involved with Information and Intelligence (OSII) briefed 19 Transcribed Interview of Deputy Ass’t Dir. Steve senior ATF personnel about the case on De- Martin, ATF, at 36 (July 6, 2011) [hereinafter Martin cember 8, 2009, discussing in detail a large re- Tr.]. 27 E-mail from Jason Weinstein to Lanny Breuer covery of Fast and Furious weapons in Naco, 20 See generally ‘‘Operation the Fast and the Furi- (Sept. 10, 2009) [HOGR 003378]. Sonora, Mexico.16 ous’’ Presentation, Mar. 5, 2010. 28 E-mail from James Trusty to Laura Gwinn 21 E-mail from Mark Chait to Kenneth Melson and (Sept. 2, 2009) [HOGR 003375]. William Hoover (Feb. 24, 2010) [HOGR 001426]. 29 E-mail from James Trusty to Laura Gwinn 13 Phoenix Group VII, Phoenix Field Division, 22 Transcribed Interview of William Hoover, ATF (Sept. 3, 2009) [HOGR 003376]. ATF, Briefing Paper (Jan. 8, 2010). Deputy Director, at 9 (July 21, 2011). 30 E-mail from Laura Gwinn to James Trusty 14 Transcribed Interview of Special Agent in 23 Id. at 72. (Sept. 3, 2009) [HOGR 003377]. Charge William Newell, at 32–33 (June 8, 2011). 24 E-mail from Douglas Palmer, Supervisor Group 31 E-mail from Kenneth Melson to Lanny Breuer 15 Transcribed Interview of Special Agent Larry V, ATF, to William Newell, ATF (Apr. 27, 2010). (Dec. 3, 2009) [HOGR 003403]. Alt, at 94 (Apr. 27, 2011). 25 E-mail from Kenneth Melson to Mark Chait, et 32 E-mail from Lanny Breuer to Kenneth Melson 16 Interview with Lorren Leadmon, Intelligence al., (July 14, 2010) [HOGR 002084]. (Dec. 4, 2009) [HOGR 003403]. Operations Analyst, Washington, D.C., July 5, 2011 26 E-mail from Mark Chait to William Newell (Oct. 33 E-mail from Kevin Carwile to Jason Weinstein [hereinafter Leadmon Interview]. 29, 2010) [HOGR 001890]. (Mar. 16, 2010) [HOGR 002832].

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H4180 CONGRESSIONAL RECORD — HOUSE June 28, 2012 Fast and Furious during this time period. constructed from raw data contained in hun- Two Fast and Furious weapons were recov- The head of the division, Lanny Breuer, met dreds of Reports of Investigation (ROI); the ered at the scene of his murder. Two days with ATF officials about the case, including Department of Justice failed to produce any later, Associate Deputy Attorney General Deputy Director Billy Hoover and Assistant of these ROI in response to the Committee’s Brad Smith sent Grindler and four ODAG of- Director for Field Operations Mark Chait.34 subpoena. The Criminal Division authorized ficials an e-mail detailing the circumstances Given the initial involvement of the Crimi- Fast and Furious wiretap applications on of Terry’s murder and its connection to Fast nal Division with Fast and Furious in the March 10, 2010; April 15, 2010; May 6, 2010; and Furious.49 Smith attached a four-page early stages of the investigation, senior offi- May 14, 2010; June 1, 2010; and July 1, 2010. summary of the Fast and Furious investiga- cials in Criminal Division should have been Deputy Assistant Attorney General Jason tion. greatly alarmed about what they learned Weinstein, Deputy Assistant Attorney Gen- about the case. These officials should have eral Kenneth Blanco, and Deputy Assistant V. THE COMMITTEE’S OCTOBER 12, 2011, halted the program, especially given their Attorney General John Keeney signed these SUBPOENA TO ATTORNEY GENERAL prior knowledge of gunwalking in Wide Re- applications on behalf of Assistant Attorney HOLDER ceiver, which was run by the same leadership General Lanny Breuer. On October 12, 2011, the Committee issued in the same ATF field division. E. THE OFFICE OF THE DEPUTY ATTORNEY a subpoena to Attorney General Eric Holder, On March 5, 2010, Cooley attended a brief- GENERAL demanding documents related to the Depart- ing about Fast and Furious. The detailed The Office of the Deputy Attorney General ment of Justice’s involvement with Oper- briefing highlighted the large number of (ODAG) maintained close involvement in Op- ation Fast and Furious. The subpoena was weapons the gun trafficking ring had pur- eration Fast and Furious. In the Justice De- issued following six months of constant re- chased and discussed recoveries of those partment, ATF reports to the Deputy Attor- weapons in Mexico. According to Steve Mar- fusals by the Justice Department to cooper- ney General (DAG).42 In practice, an official tin, Deputy Assistant Director in ATF’s Of- ate with the Committee’s investigation into in the Office of the Deputy Attorney General fice of Strategic Intelligence and Informa- Operation Fast and Furious. is responsible for managing the ATF port- tion, everyone in the room knew the weap- folio. This official monitors the operations of A. EVENTS LEADING UPTOTHESUBPOENA ons from Fast and Furious were being linked ATF, and raises potential ATF issues to the to a Mexican cartel.35 Two weeks later, in On March 16, 2011, Chairman Issa sent a attention of the DAG.43 During the pendency mid-March 2010, Carwile pulled Cooley off letter to then-ATF Acting Director Ken of Fast and Furious, this official was Asso- Fast and Furious, when the U.S. Attorney’s Melson asking for information and docu- ciate Deputy Attorney General Edward Office informed him that it had the case ments pertaining to Operation Fast and Fu- Siskel. under control.36 rious.50 Late in the afternoon of March 30, Officials in ODAG became familiar with 2011, the Department, on behalf of ATF and 2. WIRETAPS Fast and Furious as early as March 2010. On Melson, informed the Committee that it At about the same time, senior lawyers in March 12, 2010, Siskel and then-Acting DAG would not provide any documents pursuant the Criminal Division authorized wiretap ap- Gary Grindler received an extensive briefing to the letter. The Committee informed the plications for Fast and Furious to be sub- on Fast and Furious during a monthly meet- Department it planned to issue a subpoena. mitted to a federal judge. Fast and Furious ing with the ATF’s Acting Director and Dep- On March 31, 2011, the Committee issued a involved the use of seven wiretaps between uty Director. This briefing presented subpoena to Ken Melson for the documents. March and July of 2010. Grindler with overwhelming evidence of ille- In a letter to Chairman Issa, the Deputy gal straw purchasing during Fast and Furi- On May 2, 2011, Committee staff reviewed Attorney General acknowledged that the Of- ous. The presentation included a chart of the documents the Department made available fice of Enforcement Operations (OEO), part names of the straw purchasers, 31 in all, and for in camera review at Department head- of the Justice Department’s Criminal Divi- the number of weapons they had acquired to quarters. Many of these documents con- sion, is ‘‘primarily responsible for the De- date, 1,026.44 Three of these straw purchasers tained partial or full redactions. Following partment’s statutory wiretap authoriza- had already purchased over 100 weapons this review, Chairman Issa wrote to the De- tions.’’ 37 According to the letter, lawyers in each, with one straw purchaser having al- partment on May 5, 2011, asking the Depart- OEO review these wiretap packages to ensure ready acquired over 300 weapons. During this ment to produce all documents responsive to that they ‘‘meet statutory requirements and briefing, Grindler learned that buyers had the Committee’s subpoena forthwith.51 That DOJ policies.’’ 38 When OEO completes its repaid cash for every single gun.45 same day, senior Department officials met view of a wiretap package, federal law pro- A map of Mexico detailed locations of re- with Committee staff and acknowledged vides that the Attorney General or his des- coveries of weapons purchased through Fast ‘‘there’s a there, there’’ regarding the legit- ignee—in practice, a Deputy Assistant Attor- and Furious, including some at crime imacy of the congressional inquiry into Fast ney General in the Criminal Division—re- scenes.46 The briefing also covered the use of and Furious. views and authorizes it.39 Each wiretap pack- stash houses where weapons bought during In spite of Chairman Issa’s May 5, 2011, let- age includes an affidavit which details the Fast and Furious were stored before being ter, during the two months following the factual basis upon which the authorization is transported to Mexico. Grindler learned of issuance of the subpoena, the Department sought. Each application for Fast and Furi- some of the unique investigative techniques produced zero pages of non-public docu- ous included a memorandum from Assistant ATF was using during Fast and Furious.47 ments. On June 8, 2011, the Committee again Attorney General Breuer to Paul O’Brien, Despite receiving all of this information, wrote to the Department requesting com- Director of OEO, authorizing the intercep- then-Deputy Attorney General Gary plete production of all documents by June 10, tion application.40 Grindler did not order Fast and Furious to be 2011.52 The Department responded on June 10, The Criminal Division’s approval of the shut down, nor did he follow-up with ATF or 2011, stating ‘‘complete production of all doc- wiretap applications in Fast and Furious vio- his staff about the investigation. uments by June 10, 2011, . . . is not pos- lated Department of Justice policy. The core Throughout the summer of 2010, ATF offi- sible.’’ 53 At 7:49 p.m. that evening, just three mission of the Bureau of Alcohol, Tobacco, cials remained in close contact with their days before a scheduled Committee hearing Firearms, and Explosives is to ‘‘protect[ ] ODAG supervisors regarding Fast and Furi- on the obligation of the Department of Jus- our communities from . . . the illegal use ous. Fast and Furious was a topic in each of tice to cooperate with congressional over- and trafficking of firearms.’’ 41 the monthly meetings between ATF and the sight, the Department finally produced its The wiretap applications document the ex- DAG. ATF apprised Ed Siskel of significant first non-public documents to the Com- tensive involvement of the Criminal Division recoveries of Fast and Furious weapons, as mittee, totaling 69 pages.54 in Fast and Furious. These applications were well as of notable progress in the investigation, and Siskel indicated to ATF that he Over the next six weeks, through July 21, 34 Meeting on ‘‘Weapons Seizures in Mexico w/ was monitoring it.48 In mid-December 2010, 2011, the Department produced an additional Lanny Breuer’’ at Robert F. Kennedy Building, after Fast and Furious had been ongoing for 1,286 pages of documents. The Department Room 2107, Jan. 5, 2010, 10:00 AM [HOGR 001987]. over a year, Grindler received more details produced no additional documents until Sep- 35 Martin Tr. at 100. about the program. On December 15, 2010, tember 1, 2011, when it produced 193 pages of 36 E-mail from Kevin Carwile to Jason Weinstein Border Patrol Agent Brian Terry was killed. (Mar. 16, 2010, 9:00 a.m.) [HOGR DOJ 2382]. 37 Letter from Dep Att’y Gen. James M. Cole 49 E-mail from Assoc. Deputy Att’y Gen. Brad Chairman Darrell Issa et al., at 6 (Jan. 27, 2012) 42 USDOJ: About Department of Justice Agencies, Smith to Deputy Att’y Gen. Gary Grindler, et al. [hereinafter Cole Letter]. available at http://www.justice.gov/agencies/index- (Dec. 17, 2010) [HOGR 002875–002881]. 38 Id. org.html (last visited May. 1, 2012). 50 Letter from Chairman Darrell Issa to ATF Act- 39 See 18 U.S.C. § 2516(1). 43 Transcribed Interview of Acting Dir. Kenneth ing Dir. Kenneth Melson (Mar. 16, 2011) [hereinafter 40 See, e.g., Memorandum from Lanny A. Breuer, Melson, at 25 (July 4, 2011). Mar. 16 Letter]. Ass’t Att’y Gen., Criminal Division to Paul M. 44 ‘‘Operation the Fast and the Furious,’’ March 12, 51 Letter from Chairman Darrell Issa to Att’y Gen. O’Brien, Director, Office of Enforcement Operations, 2010 [HOGR 002820—HOGR 002823]. Eric Holder (May 5, 2011). Criminal Division, Authorization for Interception 45 Id. 52 Letter from Chairman Darrell Issa to ATF Act- Order Application, Mar. 10, 2010. 46 Id. ing Dir. Kenneth Melson (June 8, 2011). 41 Bureau of Alcohol, Tobacco, Firearms, and Ex- 47 Id. 53 Letter from Ass’t Att’y Gen. Ronald Weich to plosives, ‘‘ATF’s Mission,’’ http://www.atf.gov/about/ 48 E-mail from Edward N. Siskel to Mark R. Chait Chairman Darrell Issa (June 10, 2011). mission (last visited May 1, 2012). (July 14, 2010) [HOGR 002847]. 54 Id.

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE June 28, 2012 CONGRESSIONAL RECORD — HOUSE H4181 documents.55 On September 30, 2011, the De- tion-sharing among Department compo- Despite the Department’s acknowledge- partment produced 97 pages of documents.56 nents, the Department’s cooperation with ment that it understands what the Com- On October 11, 2011, the Department pro- Congress, and FBI documents requested in mittee was seeking, it has yet to provide a duced 56 pages of documents.57 the July 11, 2011, letter to FBI Director single document for 11 out of the 22 cat- Early in the investigation, the Committee Mueller.65 To date, the Department has not egories contained in the subpoena schedule. received hundreds of pertinent documents responded to this letter. The Department has not adequately com- from whistleblowers. Many of the documents The Department wrote to Chairman Issa plied with the Committee’s subpoena, and it the whistleblowers provided were not among on October 11, 2011, stating it had ‘‘substan- has unequivocally stated its refusal to com- the 2,050 pages that the Department had pro- tially concluded [its] efforts to respond to ply with entire categories of the subpoena al- duced by October 11, 2011, demonstrating the Committee requests set forth in the sub- together. In a letter to Chairman Issa on 66 that the Department was withholding mate- poena and the letter of June 8th.’’ The let- May 15, 2012, the Department stated that it rials responsive to the subpoena. ter further stated: had delivered or made available for review The Committee requested additional docu- [O]ther documents have not been produced documents responsive to 13 of the 22 cat- ments from the Department as the investiga- or made available for these same reasons be- egories of the subpoena.69 tion proceeded during the summer of 2011. On cause neither redacting them nor making A review of each of the 22 schedule cat- July 11, 2011, Chairman Issa and Senator them available for review (as opposed to pro- egories in the subpoena reflects the Depart- Grassley wrote to the Attorney General reduction) was sufficient to address our con- ment’s clear understanding of the documents questing documents from twelve people in cerns. Our disclosure of the vast majority of sought by the Committee for each category. Justice Department headquarters pertaining the withheld material is prohibited by stat- Below is a listing of each category of the to Fast and Furious.58 The Justice Depart- ute. These records pertain to matters occur- subpoena schedule, followed by what the De- ment first responded to this letter on Octo- ring before a grand jury, as well as investiga- partment has explained is its understanding ber 31, 2011, nearly four months later.59 tive activities under seal or the disclosure of of what the Committee is seeking for each On July 11, 2011, Chairman Issa and Sen- which is prohibited by law . . . we also have category. ator Grassley sent a letter to the FBI re- not disclosed certain confidential investiga- 1. All communications referring or relating questing documents relating to the FBI’s tive and prosecutorial documents, the disclo- to Operation Fast and Furious, the Jacob role in the Fast and Furious OCDETF inves- sure of which would, in our judgment, com- Chambers case, or any Organized Crime Drug 60 tigation. The letter requested information promise the pending criminal investigations Enforcement Task Force (OCDETF) firearms and documents pertaining to paid FBI in- and prosecution. These include core inves- trafficking case based in Phoenix, Arizona, formants who were the target of the Fast tigative and prosecutorial material, such as to or from the following individuals: and Furious investigation. The FBI never Reports of Investigation and drafts of court a. Eric Holder, Jr., Attorney General; produced any of the documents requested in filings. b. David Ogden, Former Deputy Attorney this letter. Finally . . . we have also withheld internal General; On July 15, 2011, Chairman Issa and Sen- communications that were generated in the c. Gary Grindler, Office of the Attorney ator Grassley sent a letter to the DEA recourse of the Department’s effort to respond General and former Acting Deputy Attorney questing documents pertaining to another to congressional and media inquiries about General; target of the Fast and Furious investiga- Operation Fast and Furious. These records d. James Cole, Deputy Attorney General; 61 The DEA was aware of this target be- tion. were created in 2011, well after the comple- e. Lanny Breuer, Assistant Attorney Gen- fore Fast and Furious became an OCDETF tion of the investigative portion of Operation eral; case, a fact that raises serious questions Fast and Furious that the Committee has f. Ronald Weich, Assistant Attorney Gen- about the lack of information-sharing among been reviewing and after the charging deci- eral; Department components. Though DEA re- sions reflected in the January 25, 2011, in- g. Kenneth Blanco, Deputy Assistant At- sponded to the letter on July 22, 2011, it, too, dictments. Thus, they were not part of the torney General; did not provide any of the requested docu- communications regarding the development h. Jason Weinstein, Deputy Assistant At- ments.62 and implementation of the strategy deci- torney General; On September 1, 2011, Chairman Issa and sions that have not been the focus of the i. John Keeney, Deputy Assistant Attorney Senator Grassley wrote to the Acting U.S. Committee’s inquiry . . . Disclosure would General; Attorney in Arizona requesting documents have a chilling effect on agency officials’ de- j. Bruce Swartz, Deputy Assistant Attor- and communications pertaining to Fast and liberations about how to respond to inquiries ney General; Furious.63 As the office responsible for lead- from Congress or the media. Such a chill on k. Matt Axelrod, Associate Deputy Attor- ing Fast and Furious, the Arizona U.S. At- internal communications would interfere ney General; torney’s Office possesses a large volume of with our ability to respond as effectively and l. Ed Siskel, former Associate Deputy At- documents relevant to the Committee’s in- efficiently as possible to congressional over- torney General; vestigation. The Department of Justice, on 67 sight requests. m. Brad Smith, Office of the Deputy Attor- behalf of the U.S. Attorney’s Office for the ney General; District of Arizona, did not respond to this The following day, on October 12, 2011, n. Kevin Carwile, Section Chief, Capital letter until December 6, 2011, the eve of the after the Department announced its inten- Case Unit, Criminal Division; Attorney General’s testimony before the tion to cease producing documents respon- o. Joseph Cooley, Criminal Fraud Section, House Judiciary Committee.64 sive to the Committee’s March 31, 2011, sub- On September 27, 2011, Chairman Issa and poena to Melson, the Committee issued a Criminal Division; and, Senator Grassley sent a letter to the Attor- subpoena to Attorney General Eric Holder p. James Trusty, Acting Chief, Organized ney General raising questions about informa- demanding documents relating to Fast and Crime and Gang Section. Furious. Department Response: In late October 2011, B. SUBPOENA SCHEDULE REQUESTS the Department acknowledged that it had 55 Letter from Ass’t Att’y Gen. Ronald Weich to In the weeks following the issuance of the ‘‘already begun searches of some of the Chairman Darrell Issa (Sep. 1, 2011). custodians listed here relating to Fast and 56 Letter from Ass’t Att’y Gen. Ronald Weich to subpoena, Committee staff worked closely Chairman Darrell Issa and Senator Charles Grassley with Department lawyers to provide clari- Furious, such as in response to the Chair- (Sep. 30, 2011). fications about subpoena categories, and to man’s letter of 7/11/11.’’ 70 Still, it has pro- 57 Letter from Ass’t Att’y Gen. Ronald Weich to assist the Department in prioritizing docu- duced no documents since the issuance of the Chairman Darrell Issa (Oct. 11, 2011) [hereinafter ments for production. Committee and De- subpoena pursuant to subpoena categories Oct. 11 Letter]. partment staff engaged in discussions span- 1(a), 1(b), 1(g), 1(i), and 1(k), only two docu- 58 Letter from Chairman Darrell Issa and Senator ning several weeks to enable the Department ments pursuant to subpoena category 1(d), Charles Grassley to Att’y Gen. Eric Holder (July 11, and very few documents pursuant to sub- 2011). to better understand what the Committee 59 Letter from Ass’t Att’y Gen. Ronald Weich to was specifically seeking. During these con- poena category 1(j) and 1(l). Chairman Darrell Issa (Oct. 31, 2011) [hereinafter versations, the Committee clearly articu- 2. All communications between and among Oct. 31 Letter]. lated its investigative priorities as reflected Department of Justice (DOJ) employees and 60 Letter from Chairman Darrell Issa and Senator in the subpoena schedule. The Department Executive Office of the President employees, Charles Grassley to FBI Dir. Robert Mueller (July memorialized these priorities with speci- including but not limited to Associate Com- 11, 2011) [hereinafter Mueller Letter]. ficity in an October 31, 2011, e-mail from the munications Director Eric Schultz, referring 61 Letter from Chairman Darrell Issa and Senator Office of Legislative Affairs.68 Charles Grassley to DEA Adm’r Michele Leonhart or relating to Operation Fast and Furious or (July 15, 2011). any other firearms trafficking cases. 62 Letter from DEA Adm’r Michele Leonhart to 65 Letter from Chairman Darrell Issa and Senator Department Response: The Department ac- Chairman Darrell Issa and Senator Charles Grassley Charles Grassley to Att’y Gen. Eric Holder (Sep. 27, knowledged that the Committee identified (July 22, 2011). 2011). several people likely to be custodians of 63 Letter from Chairman Darrell Issa and Senator 66 Oct. 11 Letter, supra note 57. Charles Grassley to Acting U.S. Att’y Ann Scheel 67 Id. (Sep. 1, 2011). 68 E-mail from Office of Leg. Affairs Staff, U.S. 69 Letter from Deputy Att’y Gen. James Cole to 64 Letter from Ass’t Att’y Gen. Ronald Weich to Dep’t of Justice, to Investigations Staff, H. Comm. Chairman Darrell Issa (May 15, 2012), at 4 [herein- Chairman Darrell Issa and Senator Charles Grassley on Oversight and Gov’t Reform (Oct. 31, 2011) [hereafter May 15 Cole Letter]. (Dec. 6, 2011) [hereinafter Dec. 6 Letter]. inafter OLA e-mail]. 70 OLA e-mail.

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H4182 CONGRESSIONAL RECORD — HOUSE June 28, 2012 these documents.71 Though the Department news article stated that ‘‘[n]obody was more the congressional investigation for nearly a has stated it has produced documents pursu- astonished to learn of the case than Zapata’s year. These documents will show the reac- ant to this subpoena category, the Com- parents, who didn’t know that [the defend- tions of top officials when confronted with mittee has not found any documents pro- ant] had been arrested or linked to their evidence about gunwalking in Fast and Furi- duced by the Department responsive to this son’s murder.’’ 77 Press accounts alleged that ous. The documents will also show whether subpoena category.72 the defendant had been ‘‘under ATF surveil- these officials knew about, or were surprised 3. All communications between DOJ em- lance for at least six months before a rifle he to learn of, the gunwalking. Additionally, ployees and Executive Office of the President trafficked was used in Zapata’s murder’’—a these documents will reveal the identities of employees referring or relating to the Presi- situation similar to what took place during Department officials who orchestrated var- dent’s March 22, 2011, interview with Jorge Fast and Furious.78 Despite this revelation, ious forms of retaliation against the whistle- Ramos of Univision. the Department failed to produce any docu- blowers. Department Response: The Department rep- ments responsive to this subpoena category. 11. All communications sent or received be- resented that it would ‘‘check on commu- 7. All communications to or from William tween: nications with WH Press Office in the time Newell, former Special Agent-in-Charge for a. December 16, 2009 and December 18, 2009; period preceding the President’s 3/22/11 inter- ATF’s Phoenix Field Division, between: and, view,’’ and that it had identified the most a. December 14, 2010 to January 25, 2011; b. March 9, 2011, and March 14, 2011, to or likely custodians of those documents.73 and, from the following individuals: Nonetheless, it has produced no documents b. March 16, 2009 to March 19, 2009. i. Emory Hurley, Assistant U.S. Attorney, responsive to this subpoena category. The Department Response: The Department has Office of the U.S. Attorney for the District of Department has not informed the Committee not produced any documents responsive to Arizona; that no documents exist responsive to this subpoena category 7(b), despite its under- ii. Michael Morrissey, Assistant U.S. At- schedule number. standing that the Committee sought docu- torney, Office of the U.S. Attorney for the 4. All documents and communications re- ments pertaining ‘‘to communications with District of Arizona; ferring or relating to any instances prior to [Executive Office of the President] staff re- iii. Patrick Cunningham, Chief, Criminal February 4, 2011, where the Bureau of Alco- garding gun control policy’’ within a specific Division, Office of the U.S. Attorney for the hol, Tobacco, Firearms and Explosives (ATF) and narrow timeframe.79 The Department District of Arizona; failed to interdict weapons that had been il- has not informed the Committee that no doc- iv. David Voth, Group Supervisor, ATF; legally purchased or transferred. uments exist responsive to this schedule and, Department Response: The Department has number. v. Hope MacAllister, Special Agent, ATF. produced some documents responsive to this 8. All Reports of Investigation (ROIs) re- Department Response: The Department ac- subpoena category. lated to Operation Fast and Furious or ATF knowledged that it ‘‘will first search these 5. All documents and communications re- Case Number 785115–10–0004. custodians for records re a) the Howard ferring or relating to any instances prior to Department Response: Department rep- meeting in 12/09; and b) the ROI or memo February 4, 2011, where ATF broke off sur- resentatives contended that this subpoena that was written during this time period re- veillance of weapons and subsequently be- category ‘‘presents some significant issues lating to the Howard mtng in 12/09.’’ 82 Al- came aware that those weapons entered Mex- for’’ the Department due to current and po- though the Department has produced docu- ico. tential future indictments.80 The Depart- ments that are purportedly responsive to Department Response: The Department has ment has not produced any documents re- this category, these documents do not per- produced documents responsive to this sub- sponsive to this subpoena category. The De- tain to the subject matter that the Depart- poena category. partment has not informed the Committee ment understands that the Committee is Most of the responsive documents the De- that no documents exist responsive to this seeking. partment has produced pursuant to the sub- schedule number. 12. All communications sent or received be- poena pertain to categories 4 and 5 and re- 9. All communications between and among tween December 15, 2010, and December 17, late to earlier cases the Department has de- Matt Axelrod, Kenneth Melson, and William 2010, to or from the following individuals in scribed as involving gunwalking. The De- Hoover referring or relating to ROIs identi- the U.S. Attorney’s Office for the District of partment produced these documents strate- fied pursuant to Paragraph 8. Arizona: gically, advancing its own narrative about Department Response: The Department ac- a. Dennis Burke, former United States At- why Fast and Furious was neither an iso- knowledged its understanding that this re- torney; lated nor a unique program. It has attempted quest specifically pertained to ‘‘emails Ken b. Emory Hurley, Assistant United States to accomplish this objective by simulta- sent to Matt and Billy, expressing concerns, Attorney; neously producing documents to the media perhaps in March 2011, [that] are core to [the c. Michael Morrissey, Assistant United and the Committee. Committee’s] work, and we’ll look at States Attorney; and, 6. All documents and communications re- those.’’ 81 Still, it has produced no documents d. Patrick Cunningham, Chief of the Crimi- ferring or relating to the murder of Immigra- pursuant to this subpoena category. The De- nal Division. Department Response: The Department un- tions and Customs Enforcement Agent Jaime partment has not informed the Committee derstood that the Committee’s ‘‘primary in- Zapata, including, but not limited to, docu- that no documents exist responsive to this terest here is in the communications during ments and communications regarding schedule number. this time period that relate to the Terry Zapata’s mission when he was murdered, 10. All documents and communications be- death and, per our conversation, we will Form for Reporting Information That May tween and among former U.S. Attorney Den- start with those.’’ 83 Although the Depart- Become Testimony (FD–302), photographs of nis Burke, Attorney General Eric Holder, ment has produced some documents respon- the crime scene, and investigative reports Jr., former Acting Deputy Attorney General sive to this subpoena category, it has not prepared by the FBI. Gary Grindler, Deputy Attorney General represented that it has produced all respon- Department Response: The Department James Cole, Assistant Attorney General sive documents in this category. ‘‘understand[s] that the Zapata family has Lanny Breuer, and Deputy Assistant Attor- complained that they’ve been ‘kept in the 13. All communications sent or received be- ney General Jason Weinstein referring or re- tween August 7, 2009, and March 19, 2011, be- dark’ about this matter’’ which necessitated lating to Operation Fast and Furious or any this subpoena category.74 The Department tween and among former Ambassador to OCDETF case originating in Arizona. Mexico Carlos Pascual; Assistant Attorney ‘‘conferred with the U.S. Attorney’s Office Department Response: The Department has . . . which we hope will be helpful to them General Lanny Breuer; and Deputy Assistant produced some documents responsive to this Attorney General Bruce Swartz. and perhaps address the concerns that are subpoena category. 75 Department Response: The Department ac- the basis of this item.’’ Though the Depart- A complete production of these documents ment has stated it has produced documents knowledged that it ‘‘understand[s] the Com- is crucial to allow Congress to understand mittee’s focus here is Firearms Trafficking pursuant to this subpoena category, the how senior Department officials came to Committee has not found any documents issues along the SW Border, not limited to know that the February 4, 2011, letter to Fast & Furious.’’ 84 The Department has pro- produced by the Department responsive to Senator Grassley was false, why it took so 76 duced some documents responsive to this this subpoena category. long for the Department to withdraw the let- In late February 2012, press accounts re- subpoena category. ter despite months of congressional pressure vealed that prosecutors had recently sen- 14. All communications sent or received be- to do so, and why the Department obstructed tenced a second individual in relation to the tween August 7, 2009, and March 19, 2011, be- murder of Immigration and Customs En- tween and among former Ambassador to forcement (ICE) Agent Jaime Zapata. One 77 Sharyl Attkisson, Second gun used in ICE agent Mexico Carlos Pascual and any Department murder linked to ATF undercover operation, (Feb. 22, of Justice employee based in Mexico City re- 2012, 5:29 P.M.), http://www.cbsnews.com/8301- ferring or relating to firearms trafficking 71 Id. 31727_162-57383089-10391695/second-gun-used-in-ice- initiatives, Operation Fast and Furious or 72 May 15 Cole Letter, at 4. agent-murder-linked-to-atf-undercover-operation/. 73 Id. 78 Id. 74 Id. 79 OLA e-mail, supra note 68. 82 Id. 75 Id. 80 Id. 83 Id. 76 May 15 Cole Letter, at 4. 81 Id. 84 Id.

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE June 28, 2012 CONGRESSIONAL RECORD — HOUSE H4183 any firearms trafficking case based in Ari- category. The Department has not informed ecutive Branch agency. Unfortunately, the zona, or any visits by Assistant Attorney the Committee that no documents exist re- Department’s actions have not matched its General Lanny Breuer to Mexico. sponsive to this schedule number. rhetoric. Instead, it has chosen to prolong Department Response: The Department has 19. All documents and communications be- the investigation and impugn the motives of produced only a handful of pages responsive tween and among FBI employees in Arizona the Committee. A statement the Attorney to this subpoena category, even though it and the FBI Laboratory, including but not General made at the February 2, 2012, hear- ‘‘understand[s] that [the Committee] wants limited to employees in the Firearms/ ing was emblematic of the Department’s pos- [the Department] to approach this effort Toolmark Unit, referring or relating to the ture with respect to the investigation: 85 with efficiency.’’ Despite the Committee’s firearms recovered during the course of the But I also think that if we are going to request for an efficient effort, the Depart- investigation of Brian Terry’s death. really get ahead here, if we are really going Department Response: The Department’s un- ment produced a key document regarding to make some progress, we need to put aside derstanding was that ‘‘[the Committee’s] Attorney General Lanny Breuer three and a the political gotcha games in an election focus here is how evidence was tagged at the half months after the subpoena was issued, year and focus on matters that are ex- scene of Agent Terry’s murder, how evidence after several previous document productions, tremely serious.95 and long after Breuer testified before Con- was processed, how the FBI ballistics report gress and could be questioned about the doc- was prepared and what it means.’’ 90 Despite This attitude with respect to a legitimate ument. Given the importance of the contents this clear understanding, the Department congressional inquiry has permeated the De- of the document and the request for an effi- has produced no documents responsive to partment’s ranks. Had the Department dem- cient effort on the part of the Department in this subpoena category. The Department has onstrated a willingness to cooperate with this subpoena category, it is inconceivable not informed the Committee that no docu- this investigation from the outset—instead that the Department did not discover this ments exist responsive to this schedule num- of attempting to cover up its own internal document months prior to its production. ber. mismanagement—this investigation likely The Department’s actions suggest that it 20. All agendas, meeting notes, meeting would have concluded well before the elec- kept this document hidden for strategic and minutes, and follow-up reports for the Attor- tion year even began. The Department has public relations reasons. ney General’s Advisory Committee of U.S. intentionally withheld documents for 15. Any FD–302 relating to targets, sus- Attorneys between March 1, 2009, and July months, only to release a selected few on the pects, defendants, or their associates, bosses, 31, 2011, referring or relating to Operation eve of the testimony of Department offi- or financiers in the Fast and Furious inves- Fast and Furious. cials.96 The Department has impeded the tigation, including but not limited to any Department Response: This category asks ability of a co-equal branch of government to FD–302s ATF Special Agent Hope for documents from the Attorney General’s perform its constitutional duty to conduct MacAllister provided to ATF leadership dur- Advisory Committee within a clearly speci- Executive Branch oversight. By any meas- ing the calendar year 2011. fied date range. Despite the fact that the De- ure, it has obstructed and slowed the Com- Department Response: The Department partment has acknowledged this category mittee’s work. ‘‘understand[s] that [the Committee’s] pri- ‘‘is clear,’’ the Department has produced no The Committee has been unfailingly pa- mary focus here is the 5 FBI 302s that were documents responsive to this subpoena cat- tient in working with Department representatives to obtain information the Committee provided to SA MacAllister, which she later egory.91 The Department has not informed requires to complete its investigation. The gave to Messrs. Hoover and Melson.’’ 86 De- the Committee that no documents exist re- Department’s progress has been unaccept- spite the specificity of this document responsive to this schedule number. ably slow in responding to the October 12, quest, the Department has not produced any 21. All weekly reports and memoranda for 2011, subpoena issued to the Attorney Gen- documents responsive to this schedule num- the Attorney General, either directly or eral. Complying with the Committee’s sub- ber. The Department has not informed the through the Deputy Attorney General, from poena is not optional. Indeed, the failure to Committee that no documents exist respon- any employee in the Criminal Division, ATF, produce documents pursuant to a congres- sive to this schedule number. DEA, FBI, or the National Drug Intelligence sional subpoena is a violation of federal 16. Any investigative reports prepared by Center created between November 1, 2009 and law.97 Because the Department has not cited the FBI or Drug Enforcement Administra- September 30, 2011. any legal authority as the basis for with- tion (DEA) referring or relating to targets, Department Response: This category asks holding documents pursuant to the subpoena suspects, or defendants in the Fast and Furi- for weekly reports and memoranda to the its efforts to accommodate the Committee’s ous case. Attorney General from five different Depart- constitutional obligation to conduct over- Department Response: The Department was ment components ‘‘regarding ATF cases re sight of the Executive Branch are incom- ‘‘uncertain about the volume here,’’ regard- firearms trafficking.’’ 92 The Department has plete. ing the amount of documents, and pledged to produced some documents responsive to this ‘‘work[ ] on this [with] DEA and FBI.’’ 87 De- subpoena category. 1. IN CAMERA REVIEWS spite this pledge, it has produced no docu- 22. All surveillance tapes recorded by pole In an attempt to accommodate the Justice ments responsive to this subpoena category. cameras inside the Lone Wolf Trading Co. Department’s interests, Committee staff has The Department has not informed the Com- store between 12:00 a.m. on October 3, 2010, viewed documents responsive to the sub- mittee that no documents exist responsive to and 12:00 a.m. on October 7, 2010. poena that the Department has identified as this schedule number. Department Response: This category asks sensitive in camera at Department head- 17. Any investigative reports prepared by for all ATF surveillance tapes from Lone quarters. Committee staff has visited the De- the FBI or DEA relating to the individuals Wolf Trading Company between two speci- partment on April 12, May 4, June 17, Octo- described to Committee staff at the October fied dates in October 2010. Both the Com- ber 12, and November 3, 2011, as well as on 5, 2011, briefing at Justice Department head- mittee and the Department ‘‘understand a January 30 and February 27, 2012 to view quarters as Target Number 1 and Target break-in occurred’’ at that time.93 The De- these documents. Many of the documents Number 2. partment has produced no documents respon- made available for in camera review, how- Department Response: The Department ac- sive to this subpoena category. The Depart- ever, have been repetitive in nature. Many knowledged that it ‘‘think[s] we understand ment has not informed the Committee that other documents seemingly do not contain this item.’’ 88 Despite this understanding, it no documents exist responsive to this sched- any sensitive parts that require them to be has produced no documents responsive to ule number. viewed in camera. Other documents are altogether non-responsive to the subpoena. this subpoena category. The Department has C. ATTEMPTS OF ACCOMMODATION BY THE COM- Committee staff has spent dozens of hours not informed the Committee that no docu- MITTEE, LACK OF COMPLIANCE BY THE JUS- at Department headquarters reviewing these ments exist responsive to this schedule num- TICE DEPARTMENT ber. In public statements, the Department has 95 18. All documents and communications in maintained that it remains committed to Id. 96 On Friday January 27, 2012, just days before the the possession, custody or control of the ‘‘work[ing] to accommodate the Committee’s DEA referring or relating to Manuel Fabian Attorney General testified before Congress, docu- legitimate oversight needs.’’ 94 The Depart- ments were delivered to the Senate Judiciary Com- Celis-Acosta. ment, however, believes it is the sole arbiter Department Response: The Department mittee so late in the evening that a disc of files had of what is ‘‘legitimate.’’ In turn, the Com- to be slipped under the door. This is not only an ex- agreed to ‘‘start with records regarding in- mittee has gone to great lengths to accom- treme inconvenience for congressional staff but also formation that DEA shared with ATF about modate the Department’s interests as an Ex- deprives staff of the ability to review the materials Acosta, which we understand to be the focus in a timely manner. of your interest in this item.’’ 89 Despite this 97 2 U.S.C. 192 states, in pertinent part: understanding, the Department has produced 90 Id. Every person who having been summoned as a wit- no documents responsive to this subpoena 91 Id. ness by the authority of either House of Congress to 92 Id. give testimony or to produce papers upon any mat- 93 Id. ter under inquiry before . . . any committee of ei- 85 Id. 94 Fast and Furious: Management Failures at the De- ther House of Congress, willfully makes default . . . 86 Id. partment of Justice: Hearing Before the H. Comm. on shall be deemed guilty of a misdemeanor, punishable 87 Id. Oversight and Gov’t Reform, 112th Cong. (Feb. 2, 2012) by a fine of not more than $1,000 nor less than $100 88 Id. (Statement of Hon. Eric H. Holder, Jr., Att’y Gen. of and imprisonment in a common jail for not less than 89 Id. the U.S.). one month nor more than twelve months.

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H4184 CONGRESSIONAL RECORD — HOUSE June 28, 2012 documents. In addition, the Department has 26, 2011, report entitled The Department of stances in which the Justice Department has identified hundreds of other sensitive docu- Justice’s Operation Fast and Furious: Fueling openly acknowledged it would not comply ments responsive to the subpoena, which it Cartel Violence, and gave the Department an with the Committee’s requests. These pro- refuses to make available even for in camera opportunity to suggest its own redactions nouncements began with the March 31, 2011, review, instead withholding them from the before the documents became public.101 subpoena to the former Acting ATF Direc- Committee altogether. The Committee has These actions are consistent with the Com- tor, continued through the Committee’s Oc- made these accommodations to the Depart- mittee’s willingness to accommodate the De- tober 12, 2011, subpoena to the Attorney Gen- ment at the expense of not being able to partment’s interests. eral, and persist to this day. make these documents available for review 3. PRIVILEGE LOG (a) March 31, 2011, Subpoena by Committee Members. Mindful of the Justice Department’s pre- On March 16, 2011, Chairman Issa sent a 2. REDACTED DOCUMENTS rogatives as an Executive Branch agency, letter to the then-Acting ATF Director re- The Department has redacted varying por- the Committee has offered the opportunity questing documents about Fast and Furi- tions of many of the documents it has pro- for the Department to prepare a privilege log ous.104 As part of this request, Chairman Issa duced. These redactions purportedly protect of documents responsive to the subpoena but asked for a ‘‘list of individuals responsible ongoing criminal investigations and prosecu- withheld from production. A privilege log for authorizing the decision to ‘walk’ guns to tions, as well as other sensitive data. The would outline the documents withheld and Mexico in order to follow them and capture Department has so heavily redacted some the specific grounds for withholding. Such a a ‘bigger fish.’ ’’ 105 On the afternoon of documents produced to Congress that they log would serve as the basis for negotiation March 30, 2011, the deadline given in Chair- are unintelligible. There appears to be no ob- between the Committee and the Department man Issa’s letter, Department staff partici- jective, consistent criteria delineating why about prioritizing the documents for poten- pated in a conference call with Committee some documents were redacted, only pro- tial production. staff. During that call, Department staff ex- vided in camera, or withheld entirely. On January 31, 2012, Chairman Issa wrote pressed a lack of understanding over the On the evening of May 2, 2011, Department to the Attorney General. He said: meaning of the word ‘‘list.’’ 106 Department of Justice representatives notified the Com- officials further informed Committee staff mittee that the Department was planning to Should you choose to continue to withhold that the Department would not produce doc- make approximately 400 pages of documents documents pursuant to the subpoena, you uments by the deadline and were uncertain available for an in camera review at its head- must create a detailed privilege log explain- when they would produce documents in the quarters.98 Committee staff went to review ing why the Department is refusing to future. Committee staff understood this re- those documents on May 4, 2011, only to dis- produce each document. If the Department sponse to mean the Department did not in- cover they were partially, or in some cases continues to obstruct the congressional intend to cooperate with the Committee’s in- almost completely, redacted. Since these quiry by not providing documents and infor- vestigation. documents were only made available pursu- mation, this Committee will have no alter- The next day Chairman Issa authorized a ant to Committee’s first subpoena and only native but to move forward with proceedings subpoena for the Acting ATF Director. The on an in camera basis, redactions were inap- to hold you in contempt of Congress.102 following day, the Department wrote to propriate and unnecessary. On February 14, 2012, Chairman Issa again Chairman Issa. Assistant Attorney General On June 14, 2011, the Department produced wrote to the Attorney General. He said: Ronald Weich wrote: 65 pages of documents to the Committee in a production labeled ‘‘Batch 4.’’ 99 Of these 65 We cannot wait any longer for the Depart- As you know, the Department has been pages, every single one was at least partially ment’s cooperation. As such please specify a working with the Committee to provide doc- redacted, 44 were completely redacted, and 61 date by which you expected the Department uments responsive to its March 16 request to had redactions covering more than half of to produce all documents responsive to the the Bureau of Alcohol, Tobacco, Firearms the page. subpoena. In addition, please specify a De- and Explosives. Yesterday, we informed On July 18, 2011, after more than a month partment representative who will interface Committee staff that we intended to produce of discussions between Committee and De- with the Committee for production purposes a number of responsive documents within partment staff, the Department finally in- . . . This person’s primary responsibility the next week. As we explained, there are cluded a redaction code that identifies the should be to identify for the Committee all some documents that we would be unable to reason for each redaction within a docu- documents the Department has determined provide without compromising the Depart- ment.100 While the Department has used this to be responsive to the subpoena but is refus- ment’s ongoing criminal investigation into redaction code in subsequent document pro- ing to produce, and should provide a privi- the death of Agent Brian Terry as well as ductions to the Committee, documents pro- lege log of the documents delineating why other investigations and prosecutions, but duced and redacted prior to July 18, 2011, do each one is being withheld from Congress. we would seek to work productively with the not have the benefit of associated redaction Please direct this individual to produce this Committee to find other ways to be respon- codes for each redaction. log to the Committee without further sive to its needs.107 The Department has over-redacted certain 103 delay. Despite the Department’s stated intention documents. The Committee has obtained to produce documents within the next week, many of these documents through whistle- On several occasions, Committee staff has it produced no documents for over two blowers and has compared some of them with asked the Department to provide such a months, until June 10, 2011. In the interim, those produced by the Department. In some privilege log, including a listing, category- the Department made little effort to work instances, the Department redacted more by-category, of documents the Department with the Committee to define the scope of text than necessary, making it unnecessarily has located pursuant to the subpoena and the the documents required by the subpoena. difficult and sometimes impossible for the reason the Department will not produce those documents. Despite these requests, On April 8, 2011, the Department wrote to Committee, absent the documents provided Chairman Issa to inform the Committee that by whistleblowers, to investigate decisions however, the Department has neither produced a privilege log nor responded to this it had located documents responsive to the made by Department officials. subpoena. Assistant Attorney General Weich Further, any documents made available aspect of Chairman Issa’s letters of January wrote that the Department did not plan to pursuant to the Committee’s subpoenas must 31, 2012, and February 14, 2012. share many of these materials with the Com- not have any redactions. To fully and prop- The Department has not informed the mittee. His letter stated: erly investigate the decisions made by De- Committee that it has been unable to locate partment officials during Fast and Furious, certain documents. This suggests that the To date, our search has located several law the Committee requires access to documents Department is not producing responsive doc- enforcement sensitive documents responsive in their entirety. The Department has not uments in its possession. Since the Depart- to the requests in your letter and the sub- complied with this requirement. ment will not produce a privilege log, it has poena. We have substantial confidentiality The Committee does recognize the impor- failed to make a good faith effort to accom- interests in these documents because they tance of privacy interests and other legiti- modate the Committee’s legitimate over- contain information about ATF strategies mate reasons the Department has for redact- sight interests. and procedures that could be used by individ- ing portions of documents produced to the 4. ASSERTIONS OF NON-COMPLIANCE uals seeking to evade our law enforcement Committee. The Committee has attempted The Committee’s investigation into Oper- efforts. We are prepared to make these docu- to accommodate the Department’s stated ation Fast and Furious is replete with in- ments, with some redactions, available for concerns related to documents it believes are review by Committee staff at the Depart- sensitive. The Committee intended to release ment. They will bear redactions to protect 230 pages of documents in support of its July 101 E-mail from Office of Leg. Affairs Staff, U.S. Dep’t of Justice, to Staff, H. Comm. on Oversight and Gov’t Reform (July 28, 2011). 104 Mar. 16 Letter, supra note 50. 98 Letter from Ass’t Att’y Gen. Ronald Weich to 102 Letter from Chairman Darrell Issa to Att’y Gen. 105 Id. Chairman Darrell Issa (May 2, 2011). Eric Holder (Jan. 31, 2012) [hereinafter Jan. 31 Let- 106 Teleconference between Committee Staff and U.S. 99 Letter from Ass’t Att’y Gen. Ronald Weich to ter]. Dep’t of Justice Office of Leg. Affairs Staff (Mar. 30, Chairman Darrell Issa (June 14, 2011). 103 Letter from Chairman Darrell Issa to Att’y Gen. 2011). 100 Letter from Ass’t Att’y Gen. Ronald Weich to Eric Holder (Feb. 14, 2012) (emphasis in original) 107 Letter from Ass’t Att’y Gen. Ronald Weich to Chairman Darrell Issa (July 18, 2011). [hereinafter Feb. 14 Letter]. Chairman Darrell Issa (Apr. 1, 2011).

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE June 28, 2012 CONGRESSIONAL RECORD — HOUSE H4185 information about ongoing criminal inves- you say touch on Operation Fast and Furi- tively and efficiently as possible to congres- tigations, investigative targets, internal de- ous. Chairman Issa’s staff previously raised sional oversight requests.116 liberations about law enforcement options, this issue with representatives of the Depart- The next day, the Committee issued a sub- and communications with foreign government and it is my understanding that discus- poena to Attorney General Holder. ment representatives. In addition, we noti- sions about whether and how to provide any fied Committee staff that we have identified such sensitive law enforcement information (b) October 12, 2011, Subpoena certain publicly available documents that have been ongoing. . . .112 On October 31, 2011, the Department pro- are responsive. While our efforts to identify duced its first batch of documents pursuant responsive documents are continuing, many On July 11, 2011, Chairman Issa and Sen- to the Committee’s October 12, 2011, sub- of your requests seek records relating to on- ator Grassley wrote to the FBI requesting poena.117 This production consisted of 652 going criminal investigations. Based upon information on the issue of information pages. Of these 652 pages, 116 were about the the Department’s longstanding policy re- sharing within the Department. The letter Kingery case, a case that the Department garding the confidentiality of ongoing crimi- included a request for information relating wanted to highlight in an attempt to dis- nal investigations, we are not in a position to the murder of Immigrations and Customs credit some of the original Fast and Furious 113 to disclose such documents, nor can we con- Enforcement Agent Jaime Zapata. On Au- whistleblowers. Twenty-eight additional firm or deny the existence of records in our gust 12, 2011, the FBI responded. It wrote: pages were about an operation from the prior ongoing investigative files. This policy is Your letter also asks for specific informa- administration, the Hernandez case, and 245 based on our strong need to protect the inde- tion related to the crime scene and events pages were about another operation from the pendence and effectiveness of our law en- leading to the murder of ICE Agent Jaime prior administration, Operation Wide Re- forcement efforts.108 Zapata in Mexico on February 15, 2011. As ceiver. Although the subpoena covered documents The letter cited prior Department policy in you know, crime scene evidence and the cir- from the Hernandez and Wide Receiver cases, support of its position of non-compliance: cumstances of a crime are generally not made public in an ongoing investigation. their inclusion into the first production We are dedicated to holding Agent Terry’s Furthermore, the investigative reports of an batch under the subpoena was indicative of killer or killers responsible through the ongoing investigation are kept confidential the Department’s strategy in responding to criminal justice process that is currently un- during the investigation to preserve the in- the subpoena. The Department briefed the derway, but we are not in a position to pro- tegrity of the investigation and to ensure its press on these documents at the same time vide additional information at this time re- successful conclusion. We regret that we can- as it produced them to the Committee. The garding this active criminal investigation not provide more details about the investiga- Department seemed more interested in spin for the reasons set forth above. . . .109 tion at this time, but we need to ensure all control than in complying with the congressional subpoena. Sixty percent of the docu- On June 14, 2011, after the Department had appropriate steps are taken to protect the 114 ments in this first production were related produced 194 pages of non-public documents integrity of the investigation. to either Kingery, Hernandez, or Wide Re- pursuant to the subpoena, the Department The FBI did not provide any documents to ceiver, and therefore, unrelated to the grava- informed the Committee that it was delib- the Committee regarding the information men of the Committee’s investigation into erately withholding certain documents: sharing issues raised, though it did offer to Fast and Furious. As with previous oversight matters, we provide a briefing to staff. It delivered that On December 2, 2011, shortly before the At- have not provided access to documents that briefing nearly two months later, on October torney General’s testimony before the House contain detailed information about our in- 5, 2011. Judiciary Committee, the Department pro- vestigative activities where their disclosure On October 11, 2011, the Department wrote duced 1,364 pages of documents pertaining to would harm our pending investigations and to Chairman Issa. The Department stated: the creation of its February 4, 2011, letter.118 prosecutions. This includes information that Despite its statements in the October 11, would identify investigative subjects, sen- We believe that we have now substantially 2011, letter, the Department, through a letter sitive techniques, anticipated actions, and concluded our efforts to respond to the Com- from Deputy Attorney General James Cole, other details that would assist individuals in mittee requests set forth in the subpoena publicly admitted under pressure its obvious 115 evading our law enforcement efforts. Our and the letter of June 8th. misstatements, formally acknowledging that judgments begin with the premise that we The Department was well aware that the the February 4, 2011, letter ‘‘contains inac- will disclose as much as possible that is re- Committee was struggling to understand curacies.’’ 119 sponsive to the Committee’s interests, con- how the Department created its February 4, On December 13, 2011, on the eve of the sistent with our responsibilities to bring to 2011, letter to Senator Grassley, which the Committee’s interview with Gary Grindler, justice those who are responsible for the Committee believed to contain false infor- Chief of Staff to the Attorney General, the death of Agent Terry and those who violate mation. To that end, the Department stated: Department produced 19 pages of responsive federal firearms laws.110 documents.120 As we have previously explained to Com- On January 5, 2012, the Department pro- The June 14, 2011, letter arrived one day mittee staff, we have also withheld internal duced 482 pages of documents responsive to after the Committee held a hearing featuring communications that were generated in the the subpoena.121 Of these 482 pages, 304 of constitutional experts discussing the legal course of the Department’s effort to respond them, or 63 percent, were related to the Wide obligations of the Department to comply to congressional and media inquiries about Receiver case. This production brought the with a congressional subpoena. The Depart- Operation Fast and Furious. These records total number of pages produced pursuant to ment’s letter did not address the views ex- were created in 2011, well after the comple- Wide Receiver to 549, nearly 100 more than pressed at the hearing, instead reiterating tion of the investigative portion of Operation the Department had produced at that time its internal policy. The letter noted that the Fast and Furious that the Committee has regarding Fast and Furious in three docu- Department would not provide access to doc- been reviewing and after the charging deci- ment productions. uments discussing its use of ‘‘sensitive tech- sions reflected in the January 25, 2011, in- On January 27, 2012, the Department pro- niques’’—even though these techniques were dictments. Thus, they were not part of the duced 486 pages of documents pursuant to central to the Committee’s investigation. communications regarding the development the October 12, 2011, subpoena.122 In its cover On July 5, 2011, Chairman Issa and Senator and implementation of the strategy deci- letter, the Department stated, ‘‘[t]he major- Grassley wrote to the Department about se- sions that have been the focus of the Com- ity of materials produced today are respon- rious issues involving the lack of informa- mittee’s inquiry. It is longstanding Execu- sive to items 7, 11 and 12 of your October 11 tion sharing among Department components, tive Branch practice not to disclose docu- subpoena.’’ There are no documents in the in particular, between the FBI and DEA.111 ments falling into this category because dis- production, however, responsive to items 7(b) These issues raised the possibility that the closure would implicate substantial Execu- or 11(b)(i–v). The Department wrote in its Department had been deliberately con- tive Branch confidentiality interests and January 27 cover letter: cealing information about Fast and Furious separation of powers principles. Disclosure from the Committee, including the roles of would have a chilling effect on agency offi- We are producing or making available for its component agencies. The next day, the cials’ deliberations about how to respond to review materials that are responsive to these Department responded. It wrote: inquiries from Congress or the media. Such a Your letter raises concerns about the al- chill on internal communications would 116 Id. leged role of other agencies in matters that interfere with our ability to respond as effec- 117 Oct. 31 Letter, supra note 59. 118 Letter from Deputy Att’y Gen. James Cole to Chairman Darrell Issa and Senator Charles Grassley 108 Letter from Ass’t Atty’y Gen. Ronald Weich to 112 Letter from Ass’t Att’y Gen. Ronald Weich to (Dec. 2, 2011). Chairman Darrell Issa (Apr. 8, 2011). Chairman Darrell Issa and Senator Charles Grassley 119 Id. 109 Id. (July 6, 2011). 120 Letter from Ass’t Att’y Gen. Ronald Weich to 110 Letter from Ass’t Att’y Gen. Ronald Weich to 113 Mueller Letter, supra note 60. Chairman Darrell Issa and Senator Charles Grassley Chairman Darrell Issa (Apr. 8, 2011). 114 Letter from Stephen Kelley, Ass’t Dir., FBI Of- (Dec. 13, 2011). 111 Letter from Chairman Darrell Issa and Senator fice of Congressional Affairs, to Chairman Darrell 121 Letter from Ass’t Att’y Gen. Ronald Weich to Charles Grassley to Att’y Gen. Eric Holder (July 5, Issa and Senator Charles Grassley (Aug. 12, 2011). Chairman Darrell Issa (Jan. 5, 2012). 2011). 115 Oct. 11 Letter, supra note 57. 122 Cole Letter, supra note 37.

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H4186 CONGRESSIONAL RECORD — HOUSE June 28, 2012 items, most of which pertain to the specific poena.127 These eight pages, given to the memos—consistent with the way in which investigations that we have already identi- Committee by a whistleblower ten months the Department of Justice has always con- fied to the Committee. We are not, however, earlier, were produced only because a tran- ducted itself in its interactions.131 providing materials pertaining to other mat- scribed interview with a former Associate He again impressed this point upon Com- ters, such as documents regarding ATF cases Deputy Attorney General was to take place mittee Members later in the hearing: that do not appear to involve the inappro- the next day. priate tactics under review by the Com- On March 2, 2012, the Department produced Well, with the regard to provision of e- mittee; non-ATF cases, except for certain in- 26 pages of documents pursuant to the Octo- mails, I thought I’ve made it clear that after formation relating to the death of Customs ber 12, 2011, subpoena.128 Five of these docu- February the 4th it is not our intention to and Border Protection Agent Brian Terry; ments were about the Kingery case. Four- provide e-mail information consistent with administrative matters; and personal teen documents—over half of the produc- the way in which the Justice Department records.123 tion—related to Wide Receiver. Seven pages has always conducted itself.132 were duplicate copies of a press release al- The Department refused to produce docu- The Department reiterated this position ready produced to the Committee. less than a week later in a December 14, 2011, ments pursuant to the subpoena regarding On March 16, 2012, the Department pro- investigations that it had not previously transcribed interview of Gary Grindler, the duced 357 pages of documents pursuant to Attorney General’s Chief of Staff. Depart- specified to the Committee, or investigations the subpoena. Three hundred seven of these that ‘‘do not appear’’ to involve inappro- ment counsel broadened the Department’s pages, or 86 percent, related to the Her- position with respect to sharing documents priate tactics. In doing so, the Department nandez and Medrano cases from the prior Ad- made itself the sole arbiter of the Commit- created after February 4, 2011, in refusing to ministration. Twenty other pages had been allow Grindler to answer any questions re- tee’s investigative interests, as well as of the previously produced by the Department, and lating to conversations that he had with use of ‘‘inappropriate’’ tactics. The Depart- seven pages were publicly available on the anyone in the Department regarding Fast ment has prevented Congress from executing Justice Department’s website. and Furious after February 4, 2011. Grindler its constitutionally mandated oversight On April 3, 2012, the Department produced stated: function, preferring instead to self-regulate. 116 pages of documents pursuant to the sub- What I am saying is that the Attorney The October 12, 2011, subpoena, however, poena. Forty four of these pages, or 38 per- General made it clear at his testimony last covers all investigations in which ATF failed cent, related to cases other than Fast and week that we are not providing information to interdict weapons that had been illegally Furious. On April 19, 2012, the Department to the committee subsequent to the Feb- purchased or transferred—not just those produced 188 pages of documents pursuant to ruary 4th letter.133 cases previously identified by the Depart- the subpoena. ment. The subpoena does not give the De- On May 15, 2012, the Department produced Department counsel expanded the position partment the authority to define which tac- 29 pages of documents pursuant to the sub- the Attorney General articulated regarding tics are inappropriate. Rather, the language poena. Ten of these pages, or 36 percent, re- documentary evidence at the House Judici- in sections 4 and 5 of the subpoena schedule lated to cases other than Fast and Furious. ary Committee hearing to include testi- is clear. The Department’s refusal to cooper- The Department has produced a total of monial evidence as well.134 Given the initial ate on this front and only produce docu- 6,988 pages to the Committee to date.129 response by the Department to the congres- ments about investigations that it had pre- Though the Department recently stated that sional inquiry into Fast and Furious, the viously identified—documents that support it has ‘‘provided documents to the Com- comments by Department counsel created a the Department’s press strategy—is in viola- mittee at least twice every month since late barrier preventing Congress from obtaining tion of its obligation to cooperate with con- last year,’’ the Department has not produced vital information about Fast and Furious. gressional oversight. any documents to the Committee in over 30 The Department has maintained this posi- On January 31, 2012, Chairman Issa again days.130 tion during additional transcribed inter- wrote to the Attorney General, this time views. In an interview with Deputy Assistant (c) Post-February 4, 2011, Documents asking that the Department produce all doc- Attorney General Jason Weinstein on Janu- uments pursuant to the subpoena by Feb- Many of the documents the October 12, ary 10, 2012, Department counsel prohibited ruary 9, 2012.124 The following day, the De- 2011, subpoena requires were created or pro- him from responding to an entire line of partment responded. It stated: duced after February 4, 2011. The Depart- questioning about his interactions with the ment first responded to Congress about Fast Arizona U.S. Attorney’s Office because it Your most recent letter asks that we com- and Furious on this date. The Department ‘‘implicates the post-February 4th pe- plete the production process under the Octo- has steadfastly refused to make any docu- riod.’’ 135 ber 11, 2011, subpoena by February 9, 2012. ments created after February 4, 2011, avail- Understanding the post-February 4th pe- The broad scope of the Committee’s requests able to the Committee. riod is critical to the Committee’s investiga- and the volume or material to be collected, The Department’s actions following the tion. Furthermore, documents from this pe- processed and reviewed in response make it February 4, 2011, letter to Senator Grassley riod are responsive to the October 12, 2011, impossible to meet that deadline, despite our are crucial in determining how it responded subpoena. For example, following the Feb- good faith efforts. We will continue in good to the serious allegations raised by the whis- ruary 4, 2011, letter, Jason Weinstein, at the faith to produce materials, but it simply will tleblowers. The October 12, 2011, subpoena behest of Assistant Attorney General Breuer, not be possible to finish the collection, proc- covers documents that would help Congress prepared an analytical review of Fast and essing and review of materials by the date understand what the Department knew Furious.136 Weinstein interviewed Emory sought in your most recent letter.125 about Fast and Furious, including when and Hurley and Patrick Cunningham of the Ari- how it discovered its February 4 letter was zona U.S. Attorney’s office as part of this re- Yet, as discussed in Section V.B above, the 137 false, and the Department’s efforts to con- view. The document that resulted from Department was acutely aware in October Weinstein’s analysis specifically discussed 2011, approximately three months earlier, ex- ceal that information from Congress and the public. Such documents would include those issues relevant to the Committee’s inquiry. actly what categories of documents the Com- To date, the Department has not produced relating to actions the Department took to mittee was seeking. In response to the sub- documents related to Weinstein’s review to silence or retaliate against Fast and Furious poena, the Department had, up to February the Committee. 1, 2012, produced more documents relating to whistleblowers and to find out what had hap- Chairman Issa has sent several letters urg- a single operation years before Fast and Fu- pened, and how the Department assessed the ing the Department to produce documents rious even began than it had relating to Op- culpability of those involved in the program. pertaining to the Fast and Furious from the eration Fast and Furious itself. The Attorney General first expressed the post-indictment period, and raising the pos- On February 16, 2012, the Department pro- Department’s position regarding documents sibility of contempt if the Attorney General duced 304 pages of documents pursuant to created after February 4, 2011, in his testi- chose not to comply. Initially, the Depart- the subpoena.126 The production included mony before the House Judiciary Committee ment refused to produce any documents cre- nearly 60 pages of publicly available and pre- on December 8, 2011. In no uncertain terms, ated after January 25, 2011, the date that the viously produced information, as well as he stated: other documents previously produced to the [W]ith regard to the Justice Department as 131 Oversight Hearing on the United States Department Committee. a whole—and I’m certainly a member of the of Justice: Hearing Before the H. Comm. on the Judici- On February 27, 2012, the Department pro- Justice Department—we will not provide ary, 112th Cong. (Dec. 8, 2011) (Test. of Hon. Eric H. duced eight pages pursuant to the sub- memos after February the 4th . . . e-mails, Holder, Jr., Att’y Gen. of the U.S.). 132 Id. 133 Transcribed Interview of Gary Grindler, Chief of 123 Id. 127 Letter from Ass’t Att’y Gen. Ronald Weich to Staff to the Att’y Gen., at 22 (Dec. 14, 2011) [herein- 124 Jan. 31 Letter, supra note 102. Chairman Darrell Issa (Feb. 27, 2012). after Grindler Tr.]. 125 Letter from Deputy Att’y Gen. James Cole to 128 Letter from Ass’t Att’y Gen. Ronald Weich to 134 Id. Chairman Darrell Issa (Feb. 1, 2012) [hereinafter Feb. Chairman Darrell Issa (Mar. 2, 2012). 135 Transcribed Interview of Jason Weinstein, Dep- 1 Letter]. 129 The most recent production by the Department, uty Ass’t Att’y Gen. at 177 (Jan. 10, 2012). 126 Letter from Ass’t Att’y Gen. Ronald Weich to on May 15, 2012, ended with Bates number HOGR 136 Transcribed Interview of Dennis K. Burke at Chairman Darrell Issa (Feb. 16, 2012) [hereinafter 006988. 158–60 (Dec. 13, 2011). Feb. 16 Letter]. 130 May 15 Cole Letter, supra note 69. 137 Id. at 158–59.

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE June 28, 2012 CONGRESSIONAL RECORD — HOUSE H4187 case was unsealed. On November 9, 2011, to congressional and media inquiries about here to this rolling production schedule until Chairman Issa wrote to the Department: Operation Fast and Furious. These records we have completed the process of producing were created in 2011, well after the comple- all responsive documents to which the Com- Over the past six months, Senator Grassley tion of the investigative portion of Operation mittee is entitled, consistent with the long- and I have asked for this information on Fast and Furious that the Committee has standing policies of the Executive Branch many occasions, and each time we have been been reviewing and after the charging deci- across administrations of both parties. More- told it would not be produced. This informa- sions reflected in the January 25, 2011, in- over, we intend to send a letter soon memo- tion is covered by the subpoena served on the dictments. Thus, they were not part of the rializing our discussions with your staff Attorney General on October 12, 2011, and I communications regarding the development about the status of our production of docu- expect it to be produced no later than and implementation of the strategy deci- ments within the various categories of the Wednesday, November 16, at 5:00 p.m. Failure sions that have been the focus of the Com- subpoena. to comply with this request will leave me mittee’s inquiry. It is longstanding Execu- Our efforts to cooperate with the Com- with no other alternative than the use of tive Branch practice not to disclose docu- mittee have been a significant undertaking, compulsory process to obtain your testi- ments falling into this category because dis- involving a great deal of hard work by a mony under oath. closure would implicate substantial Execu- large number of Department employees. The * * * * * * tive Branch confidentiality interests and Department has been committed to pro- * separation of powers principles. Disclosure viding the documents and information nec- Understanding the Department’s actions would have a chilling effect on agency offi- essary to allow the Committee to satisfy its after Congress started asking questions cials’ deliberations about how to respond to core oversight interests regarding the use of about Fast and Furious is crucial. As you inquiries from Congress or the media. Such a inappropriate tactics in Fast and Furious. know, substantial effort was expended to chill on internal communications would The Department, however, has yet to hide the actions of the Department from interfere with our ability to respond as effec- produce any documents pursuant to the sub- Congress . . . I expect nothing less than full tively and efficiently as possible to congres- poena created after February 4, 2011. Despite compliance with all aspects of the subpoena, 142 sional oversight requests. warnings by Chairman Issa that the Com- including complete production of documents On February 14, 2012, Chairman Issa again mittee would initiate contempt if the De- created after the indictments were unsealed wrote to the Department regarding post-Feb- partment failed to comply with the sub- on January 25, 2011.138 ruary 4, 2011, documents, and again raised poena, the Department has refused to On December 2, 2011, the Department pro- the possibility of contempt: produce documents. duced documents pertaining to its February Complying with the Committee’s subpoena (d) Interview Requests 4, 2011, response to Senator Grassley. When In addition to the October 12, 2011, sub- the Attorney General testified before Con- is not optional. Indeed, the failure to produce documents pursuant to a congres- poena, the Committee has requested to inter- gress on December 8, 2011, he created a new view key individuals in Operation Fast and cutoff date of February 4, 2011, after which sional subpoena is a violation of federal law. The Department’s letter suggests that its Furious and related programs. The Com- no documents would be produced to Con- mittee accommodated the Department’s re- gress, despite the fact that such documents failure to produce, among other things, ‘‘deliberative documents and other internal quest to delay an interview with Hope were covered by the October 12, 2011, sub- MacAllister, the lead case agent for Oper- poena. In support of this position regarding communications generated in response to congressional oversight requests’’ is based on ation Fast and Furious, despite her vast post-February 4, 2011, documents, in tran- knowledge of the program. The Committee scribed interviews, Department representa- the premise that ‘‘disclosure would compromise substantial separation of powers agreed to this accommodation due to the De- tives have asserted a ‘‘separation of powers’’ partment’s expressed concern about inter- privilege without further explanation or ci- principles and Executive Branch confidentiality interests.’’ Your February 4, 2011, cut- viewing a key witness prior to trial. tation to legal authority.139 The Department Throughout the investigation, the Depart- has not cited any legal authority to support off date of providing documents to the Com- mittee is entirely arbitrary, and comes from ment has had an evolving policy with regard this new, extremely broad assertion of privi- to witnesses that excluded ever-broader cat- lege. a ‘‘separation of powers’’ privilege that does not actually exist. egories of witnesses from participating in On January 31, 2012, Chairman Issa wrote volunteer interviews. The Department first to the Attorney General about this new, ar- You cite no legal authority to support your new, extremely broad assertion. To the con- refused to allow line attorneys to testify in bitrary date created by the Department, and transcribed interviews, and then it prevented raised the possibility of contempt: trary, as you know, Congress possesses the ‘‘power of inquiry.’’ Furthermore, ‘‘the first-line supervisors from testifying. Next, In short, the Committee requires full com- issuance of a subpoena pursuant to an au- the Department refused to make Senate-con- pliance with all aspects of the subpoena, in- thorized investigation is . . . an indispen- firmed Department officials available for cluding complete production of documents sable ingredient of lawmaking.’’ Because the transcribed interviews. One such Senate-con- created after the Department’s February 4, Department has not cited any legal author- firmed official, Assistant Attorney General 2011, letter.... If the Department continues ity as the basis for withholding documents, Lanny Breuer, is a central focus in the Com- to obstruct the congressional inquiry by not or provided the Committee with a privilege mittee’s investigation. On February 16, 2012, providing documents and information, this log with respect to documents withheld, its the Department retreated somewhat from its Committee will have no alternative but to efforts to accommodate the Committee’s position, noting in a letter to the Committee move forward with proceedings to hold you constitutional obligation to conduct over- that it was ‘‘prepared to work with [the in contempt of Congress.140 sight of the Executive Branch are incom- Committee] to find a mutually agreeable date for [Breuer] to appear and answer the The Department responded the following plete.143 Committee’s questions, whether or not that day. It said: * * * * * * appearance is public.’’ 145 The Department To the extent responsive materials exist * has urged the Committee to reconsider this that post-date congressional review of this Please specify a date by which you expect interview request. matter and were not generated in that con- the Department to produce all documents re- While the Department has facilitated a text or to respond to media inquiries, and sponsive to the subpoena. In addition, please dozen interviews to avoid compulsory deposi- likewise do not implicate other recognized specify a Department representative who tions, there have been several instances in Department interests in confidentiality (for will interface with the Committee for pro- which the Department has refused to cooper- example, matters occurring before a grand duction purposes. This individual should also ate with the Committee in scheduling inter- jury, investigative activities under seal or serve as the conduit for dealing with possible views. The Department has stated that it the disclosure of which is prohibited by law, contempt proceedings, should the Depart- would not make available certain individuals core investigative information, or matters ment continue to ignore the Committee’s that the Committee has requested to inter- reflecting internal Department delibera- subpoena.144 view. On December 6, 2011, the Department tions), we intend to provide them.141 On February 16, 2012, the Department re- wrote: The Department quoted from its October sponded. The response did not address the We would like to defer any final decisions 11, 2011, letter, stating: post-February 4, 2011, documents, nor did it about the Committee’s request for Mr. address the possibility of contempt. The De- Swartz’s interview until we have identified [A]s we have previously explained to Com- partment’s letter stated: any responsive documents, some of which mittee staff, we have also withheld internal may implicate equities of another agency. communications that were generated in the We have produced documents to the Com- The remaining employees you have asked to course of the Department’s effort to respond mittee on a rolling basis; since late last year these productions have occurred approxi- interview are all career employees who are mately twice a month. It is our intent to ad- either line prosecutors or first- or second- 138 Letter from Chairman Darrell Issa to Ass’t level supervisors. James Trusty and Michael Att’y Gen. Ronald Weich (Nov. 9, 2011). Morrissey were first-level supervisors during 139 See, e.g., Grindler Tr. at 22. 142 Id. 140 Jan. 31 Letter, supra note 102. 143 Feb. 14 Letter, supra note 103. 141 Feb. 1 Letter, supra note 125. 144 Id (emphasis in original). 145 Feb. 16 Letter, supra note 126.

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H4188 CONGRESSIONAL RECORD — HOUSE June 28, 2012 the time period covered by the Fast and Fu- For months after the congressional inquiry order to avoid contempt proceedings. 149 Doc- rious investigation, and Kevin Carwile was a began, the Department refused to acknowl- uments in category (c) are outside the scope second-level supervisor. The remaining three edge that anything improper occurred during of the narrowed request, and so the Depart- employees you have asked to interview— Fast and Furious. At a May 5, 2011, meeting ment no longer needed to produce them to Emory Hurley, Serra Tsethlikai, and Joseph with Committee staff, a Department rep- avoid contempt proceedings, even though Cooley—are line prosecutors. We are not pre- resentative first acknowledged that ‘‘there’s such documents are covered by the October pared to make any of these attorneys avail- a there, there.’’ The Attorney General ac- 12, 2011, subpoena. able for interviews.146 knowledged publicly that Fast and Furious The Committee also obtained copies of was ‘‘fundamentally flawed’’ on October 7, wiretap applications authorized by senior The Department did, however, make Pat- Department officials during Operation Fast rick Cunningham, Chief of the Criminal Di- 2011. On December 2, 2011, the Department finally admitted that its February 4, 2011, let- and Furious. These documents, given to the vision for the U.S. Attorney’s Office in Ari- Committee by whistleblowers, shined light zona, available for an interview. The Com- ter to Senator Grassley contained false information—something Congress had been on category (a). Still, many subpoenaed doc- mittee had been requesting to interview uments under this category have been delib- Cunningham since summer 2011. The Depart- telling the Department for over seven months. erately withheld by the Department. These ment finally allowed access to Cunningham documents are critical to understanding who for an interview in December 2011. Documents in this category include those is responsible for failing to promptly stop Cunningham chose to retain private counsel that explain how the Department responded Fast and Furious. The Department has cited instead of Department counsel. On January to the crisis in the wake of the death of U.S. such documents as ‘‘core investigative’’ ma- 17, 2012, Cunningham canceled his interview Border Patrol Agent Brian Terry. These doc- terials that pertain to ‘‘pending law enforce- scheduled for the Committee on January 19, uments will reveal when the Department re- ment matters.’’ 150 To accommodate the De- 2012. alized it had a problem, and what actions it partment’s interest in successfully pros- Chairman Issa issued a subpoena to took to resolve that problem. These docu- ecuting criminal defendants in this case, the Cunningham to appear for a deposition on ments will also show whether senior Depart- Committee is willing to accept production of January 24, 2012. In a letter dated January ment officials were surprised to learn that these documents after the current prosecu- 19, 2012, Cunningham’s counsel informed the gunwalking occurred during Fast and Furi- tions of the 20 straw purchasers indicted in Committee that Cunningham would ‘‘assert ous, or if they already knew that to be the January 2011, have concluded at the trial his constitutional privilege not to be com- case. These documents will also identify who level. This deferment should in no way be in- pelled to be a witness against himself.’’ 147 On at the Department was responsible for au- terpreted as the Committee ceding its legiti- January 24, 2012, Chairman Issa wrote to the thorizing retaliation against the whistle- mate right to receive these documents, but Attorney General to express that the ab- blowers. The documents may also show the instead solely as an accommodation meant sence of Cunningham’s testimony would Department’s assignment of responsibility to to alleviate the Department’s concerns about make it ‘‘difficult to gauge the veracity of officials who knew about the reckless con- preserving the integrity of the ongoing pros- some of the Department’s claims’’ regarding duct or were negligent during Fast and Furi- ecutions. Fast and Furious.148 ous. In addition to deferring production of category (a) documents, the Committee is also On January 27, 2012, Cunningham left the (c) How the Inter-Agency Task Force Failed Department of Justice. After months of willing to view these documents in camera Committee requests, the Department finally The Organized Crime Drug Enforcement with limited redactions. These accommoda- made him available for an interview just be- Task Force (OCDETF) program was created tions represent a significant commitment on fore he left the Department. The actions of to coordinate inter-agency information shar- the part of the Committee to negotiating in good faith to avoid contempt. the Department in delaying the interview ing. As early as December 2009, the DEA Unlike documents in category (a), the De- and Cunningham’s own assertion of the Fifth shared information with ATF that should have led to arrests and the identification of partment has no legitimate interest in lim- Amendment privilege delayed and denied the iting the Committee’s access to documents Committee the benefit of his testimony. the gun trafficking network that Fast and Furious sought to uncover. The Committee in category (b). On February 4, 2011, the De- 5. FAILURE TO TURN OVER DOCUMENTS has received information suggesting that, partment wrote a letter to Congress cat- The Department has failed to turn over after arrests were made one year later, ATF egorically denying that gunwalking had oc- any documents pertaining to three main cat- discovered that two Mexican drug cartel as- curred. This letter was false. Still, it was not egories contained in the October 12, 2011, sociates at the top of the Fast and Furious withdrawn until December 2011. The Com- subpoena. network had been designated as national se- mittee has a right to know how the Depart- (a) Who at Justice Department Headquarters curity assets by the FBI, and at times have ment learned that gunwalking did in fact Should Have Known of the Reckless Tactics been paid FBI informants. Because of this occur, and how it handled the fallout inter- nally. The deliberative process privilege is The Committee is seeking documents re- cooperation, these associates are considered by some to be unindictable. not recognized by Congress as a matter of lating to who had access to information law and precedent. By sending a letter that Documents in this category will reveal the about the objectionable tactics used in Oper- contained false and misleading statements, ation Fast and Furious, who approved the extent of the lack of information-sharing the Department forfeited any reasonable ex- use of these tactics, and what information among DEA, FBI, and ATF. Although the pectation that the Committee would accom- was available to those individuals when they Deputy Attorney General is aware of this modate its interest in withholding delibera- approved the tactics. Documents that whis- problem, he has expressed little interest in tive process documents. tleblowers have provided to the Committee resolving it. On June 20, 2012, minutes before the start indicate that those officials were the senior VI. ADDITIONAL ACCOMMODATIONS BY of the Committee’s meeting to consider a officials in the Criminal Division, including THE COMMITTEE resolution holding the Attorney General in Lanny Breuer and one of his top deputies, contempt, the Committee received a letter As discussed above in Section V.C.5, the Jason Weinstein. from Deputy Attorney General James Cole Department has failed to turn over any docu- Documents in this category include those claiming that the President asserted execu- ments responsive to three main categories relating to the preparation of the wiretap ap- tive privilege over certain documents cov- covered by the October 12, 2011, subpoena: plications, as well as certain ATF, DEA, and ered by the subpoena. The Committee has a (a) Who at Justice Department Head- FBI Reports of Investigation. Key decision number of concerns about the validity of this makers at Justice Department headquarters quarters Should Have Known of the Reckless assertion: relied on these and other documents to ap- Tactics; 1. The assertion was transparently not a prove the investigation. (b) How the Department Concluded that valid claim of privilege given its last minute Fast and Furious was ‘‘Fundamentally (b) How the Department Concluded that Fast nature; Flawed’’; and, and Furious was ‘‘Fundamentally Flawed’’ 2. The assertion was obstructive given that (c) How the Inter-Agency Task Force it could have and should have been asserted The Committee requires documents from Failed. the Department relating to how officials months ago, but was not until literally the The Committee notified the Justice De- learned about whistleblower allegations and day of the contempt mark-up; partment on multiple occasions that its fail- what actions they took as a result. The Com- 3. The assertion is eight months late. It ure to produce any documents responsive to mittee is investigating not just management should have been made by October 25, 2011, these three categories would force the Com- of Operation Fast and Furious, but also the the subpoena return date; mittee to begin contempt proceedings Department’s efforts to slow and otherwise 4. To this moment, the President himself against the Attorney General. interfere with the Committee’s investiga- has not indicated that he is asserting execution. On May 18, 2012, Chairman Issa, along with tive privilege; Speaker John Boehner, Majority Leader Eric 5. The assertion is transparently invalid in Cantor, and Majority Whip Kevin McCarthy, that it is not credible that every document 146 Dec. 6 Letter, supra note 64. wrote a letter to the Attorney General. As 147 Letter from Tobin Romero, Williams & Con- an accommodation to the Department, the nolly LLP, to Chairman Darrell Issa (Jan. 19, 2012). 149 Letter from Speaker John Boehner et al. to 148 Letter from Chairman Darrell Issa to Att’y Gen. letter offered to narrow the scope of docu- Att’y Gen. Eric Holder (May 18, 2012). Eric Holder (Jan. 24, 2012). ments the Department needed to provide in 150 May 15 Cole Letter, supra note 69.

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE June 28, 2012 CONGRESSIONAL RECORD — HOUSE H4189 withheld involves a ‘‘communication[ ] au- ment Randall was ‘‘ordered [ ] to be brought Mukasey’s draft contempt report charged thored or solicited and received by those to the bar, reprimanded by the Speaker, and him with failing to produce documents in members of an immediate White House ad- held in custody until further resolution of connection to the Committee’s investigation viser’s staff who have broad and significant the House.’’ 156 Randall was detained until of the release of classified information. Ac- responsibility for investigating and formu- January 13, 1796, when the House passed a cording to their draft contempt reports, Ad- lating the advice to be given the President resolution discharging him. 157 In contrast, ministrators Johnson and Dudley failed to on the particular matter to which the com- Whitney ‘‘was absolved of any wrongdoing,’’ cooperate with the Committee’s lengthy in- munications relate,’’; 151 since his actions were against a ‘‘member- vestigation into California’s petition for a 6. The assertion is transparently invalid elect’’ and occurred ‘‘away from the seat of waiver to regulate greenhouse gas emissions where the Justice Department has provided government.’’ 158 from motor vehicles and the revision of the no details by which the Committee might Congressional records do not demonstrate national ambient air quality standards for evaluate the applicability of the privilege, any question or hesitation regarding wheth- ozone. such as the senders and recipients of the doc- er Congress possesses the power to hold indi- Most recently, the House Judiciary Com- uments; viduals in contempt.159 Moreover, there was mittee pursued contempt against former 7. Even if the privilege were valid as an ini- no question that Congress could punish a White House Counsel Harriet Miers and tial matter, which it is not, it certainly has non-Member for contempt.160 Since the first White House Chief of Staff Joshua Bolten.170 been overcome here, as: (i) the Committee contempt proceeding, numerous congres- On June 13, 2007, the Committee served sub- has demonstrated a sufficient need for the sional committees have pursued contempt poenas on Miers and Bolten.171 After at- documents as they are likely to contain evi- against obstinate administration officials as tempts at accommodations from both sides, dence important to the Committee’s inquiry well as private citizens who failed to cooper- the Committee determined that Miers and and (ii) the documents sought cannot be ob- ate with congressional investigations.161 Bolten did not satisfactorily comply with tained any other way. The Committee has Since the first proceeding against Randall the subpoenas. On July 25, 2007, the Com- spent 16 months investigating, talking to and Whitney, House committees, whether mittee voted, 22–17, to hold Miers and Bolten dozens of individuals, and collecting docu- standing or select, have served as the vehicle in contempt of Congress. ments from many sources. The remaining used to lay the foundation for contempt pro- On February 14, 2008, the full House, with documents are ones uniquely in the posses- ceedings in the House.162 most Republicans abstaining, voted to hold sion of the Justice Department; and, On August 3, 1983, the House passed a privi- Miers and Bolten in criminal contempt of 8. Without these documents, the Commit- leged resolution citing Environmental Pro- Congress by a margin of 223–42.172 One hun- tee’s important legislative work will con- tection Agency Administrator Anne Gorsuch dred seventy-three Members of Congress did tinue to be stymied. The documents are nec- Burford with contempt of Congress for fail- not cast a vote either in favor or against the essary to evaluate what government reform ing to produce documents to a House sub- resolution.173 All but nine Members who ab- is necessary within the Justice Department committee pursuant to a subpoena.163 This stained were Republican.174 Only three Re- to avoid the problems uncovered by the in- was the first occasion the House cited a cabi- publicans supported the contempt resolution vestigation in the future. net-level executive branch member for con- for Miers and Bolten.175 This marked the 164 first contempt vote by Congress with respect The President has now asserted executive tempt of Congress. A subsequent agree- to the Executive Branch since the Reagan privilege. This assertion, however, does not ment between the House and the Adminis- Administration.176 The resolutions passed by change the fact that Attorney General Eric trator, as well as prosecutorial discretion, the House allowed Congress to exercise all Holder Jr. is in contempt of Congress today was the base for not enforcing the contempt 165 available remedies in the pursuit of con- for failing to turn over lawfully subpoenaed citation against Burford. 177 documents explaining the Department’s role Within the past fifteen years the Com- tempt. The House Judiciary Committee’s in withdrawing the false letter it sent to mittee on Oversight and Government Reform action against Miers marked the first time Congress. has undertaken or prepared for contempt that a former administration official had ever been held in contempt.178 VII. HISTORICAL PERSPECTIVES ON proceedings on multiple occasions. In 1998, CONTEMPT Chairman Dan Burton held a vote recom- B. DOCUMENT PRODUCTIONS mending contempt for Attorney General Contempt proceedings in Congress date The Department has refused to produce Janet Reno based on her failure to comply back over 215 years. These proceedings pro- thousands of documents pursuant to the Oc- with a subpoena issued in connection with vide Congress a valuable mechanism for ad- tober 12, 2011, subpoena because it claims judicating its interests. Congressional his- the Committee’s investigation into cam- certain documents are Law Enforcement 166 tory is replete with examples of the pursuit paign finance law violations. On August 7, Sensitive, others pertain to ongoing criminal of contempt proceedings by House commit- 1998, the Committee held Attorney General investigations, and others relate to internal 167 tees when faced with strident resistance to Reno in contempt by a vote of 24 to 18. deliberative process. their constitutional authority to exercise in- During the 110th Congress, Chairman During the past ten years, the Committee vestigative power. Henry Waxman threatened and scheduled on Oversight and Government Reform has contempt proceedings against several Ad- A. PAST INSTANCES OF CONTEMPT undertaken a number of investigations that ministration officials.168 Contempt reports resulted in strong opposition from the Exec- Congress first exercised its contempt au- were drafted against Attorney General Mi- utive Branch regarding document produc- thority in 1795 when three Members of the chael B. Mukasey, Stephen L. Johnson, Ad- tions. These investigations include regu- House charged two businessmen, Robert ministrator of the U.S. Environmental Pro- Randall and Charles Whitney, with offering latory decisions of the Environmental Pro- tection Agency, and Susan E. Dudley, Ad- bribes in exchange for the passage of legisla- tection Agency (EPA), the leak of CIA opera- ministrator of the Office of Information and tion granting Randall and his business part- tive Valerie Plame’s identity, and the frat- ners several million acres bordering Lake Regulatory Affairs (OIRA) in the White ricide of Army Corporal Patrick Tillman. In Erie. 152 This first contempt proceeding began House Office of Management and Budget. all cases during the 110th Congress, the Ad- with a resolution by the House deeming the Business meetings to consider these drafts ministration produced an overwhelming 169 allegations were adequate ‘‘evidence of an were scheduled. Former Attorney General amount of documents, sheltering a narrow attempt to corrupt,’’ and the House reported few by asserting executive privilege. a corresponding resolution that was referred 156 Id. In 2008, the Committee received or re- to a special committee. 153 The special com- 157 Id. viewed in camera all agency-level documents mittee reported a resolution recommending 158 Id.: quoting Asher C. Hinds, Precedents of the related to the EPA’s decision regarding Cali- formal proceedings against Randall and House of Representatives, Sec. 1603 (1907). fornia’s request for a rule waiver, numbering 159 154 Id. approximately 27,000 pages in total.179 Ac- Whitney ‘‘at the bar of the House.’’ 160 Id. at 5. cording to a Committee Report, the EPA The House adopted the committee resolu- 161 Id. at 6. tion which laid out the procedure for the 162 Id. at 14. contempt proceeding. Interrogatories were 163 Id. man, Chairman Waxman Schedules Contempt Vote exchanged, testimony was received, Randall 164 Wm. Holmes Brown et al., House Practice: A (June 13, 2008) http://oversight-ar- and Whitney were provided counsel, and at Guide to the Rules, Precedents, and Procedures of the chive.waxman.house.gov/story.asp?ID=2012 (last vis- the conclusion, on January 4, 1796, the House House, 450 (2011). ited Feb. 22, 2012). voted 78–17 to adopt a resolution finding 165 Id. at 20, 22. 170 CRS Contempt Report at 54–55. Randall guilty of contempt. 155 As punish- 166 David E. Rosenbaum, Panel Votes to Charge Reno 171 Id. With Contempt of Congress, N.Y. TIMES (Aug. 7, 1998). 172 See H. Res. 982. 167 Id. 173 Id. 151 In re Sealed Case, 121 F.3d 729, 752 (D.C. Cir 168 Laurie Kellman, Waxman Threatens Mukasey 174 Id. 1997). With Contempt Over Leak, U.S.A. TODAY (July 8, 175 Id. 152 Todd Garvey & Alissa M. Dolan, Congressional Re- 2008); Richard Simon, White House Says No to Con- 176 Philip Shenon, House Votes to Issue Contempt Ci- search Service, Congress’s Contempt Power: Law, His- gress’ EPA Subpoena, L.A. TIMES (June 21, 2008). tations, N.Y. TIMES (Feb. 15, 2008). tory, Practice, & Procedure, no. RL34097, Apr. 15, 2008 169 Press Release, Rep. Henry Waxman, Chairman 177 CRS Contempt Report at 54–55. [hereinafter CRS Contempt Report]. Waxman Warns Attorney General of Scheduled Con- 178 Id. 153 Id. tempt Vote (July 8, 2008) http://oversight-ar- 179 H. Comm. on Oversight and Gov’t Ref. Minority 154 Id. chive.waxman.house.gov/story.asp?ID=2067 (last vis- Additional Views, EPA, OIRA Investigations & Exec. 155 Id. ited Feb. 22, 2012); Press Release, Rep. Henry Wax- Continued

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H4190 CONGRESSIONAL RECORD — HOUSE June 28, 2012 withheld only 32 documents related to the ligence, and eight other White House or Of- documents respectively. In the Patrick Till- California waiver decision based on execu- fice of the Vice President officials.188 man investigation, the Committee received tive privilege. These included notes of tele- 31,000 documents. Moreover, in the Valerie The only documents the Justice Depart- phone calls or meetings in the White House Plame investigation, the Committee re- ment declined to produce were the FBI 302s ‘‘involving at least one high-ranking EPA of- ceived access to highly sensitive materials with respect to the interviews of the Presi- ficial and at least one high-ranking White despite the fact that the Justice Department dent and the Vice President.189 Ultimately, House official.’’ 180 The White House Counsel was conducting a parallel criminal investiga- the Committee relented in its pursuit of the informed the Committee that these docu- tion. President’s 302.190 The Committee, however, ments represented ‘‘deliberations at the very As of May 15, 2012, in the Fast and Furious persisted in its request for the Vice Presi- highest level of government.’’ 181 investigation, in the light most favorable to dent’s 302. As a result, the President asserted During the Committee’s 2008 investigation the Department of Justice, it has ‘‘provided executive privilege over that particular doc- into the Administration’s promulgation of the Committee over 7,600 pages of docu- ument.191 ozone standards, the EPA produced or al- ments’’—a small fraction of what has been The Committee specifically included 302s lowed in camera review of over 35,000 pages of produced to the Committee in prior inves- in its October 12, 2011, subpoena to the Attor- documents. The President asserted executive tigations and of what the Department has ney General regarding Fast and Furious. privilege over a narrow set of documents, en- produced to the Inspector General in this These subpoenaed 302s do not include FBI compassing approximately 35 pages. One matter.196 This small number reflects the De- interviews with White House personnel, or such document included ‘‘talking points for partment’s lack of cooperation since the even any other Executive Branch employee. the EPA Administrator to use in a meeting Committee sent its first letter to the Depart- Still, in spite of past precedent, the Depart- with [the President].’’ 182 ment about Fast and Furious on March 16, ment has refused to produce those docu- In furtherance of the Committee’s ozone 2011. ments to the Committee or to allow staff an regulation investigation, OIRA produced or in camera review. VIII. RULES REQUIREMENTS allowed in camera review of 7,500 docu- In the 110th Congress, the Committee in- EXPLANATION OF AMENDMENTS ments.183 Documents produced by EPA and vestigated the fratricide of Army Corporal Mr. Gowdy offered an amendment that up- OIRA represented pre-decisional opinions of Patrick Tillman and the veracity of the ac- dated the Committee’s Report to reflect that career scientists and agency counsel.184 count of the capture and rescue of Army Pri- the President asserted the executive privi- These documents were sensitive because vate Jessica Lynch.192 The Committee em- lege over certain documents subpoenaed by some, if not all, related to ongoing litiga- ployed a multitude of investigative tools, in- the Committee. The amendment also up- tion.185 The OIRA Administrator withheld a cluding hearings, transcribed interviews, and dated the Report to include the Committee’s certain number of documents that were com- non-transcribed interviews. The Administra- concerns about the validity of the Presi- munications between OIRA and certain tion produced thousands of documents.193 dent’s assertion of the executive privilege. White House officials, and the President ulti- The Committee requested the following: The amendment was agreed to by a recorded mately ‘‘claimed executive privilege over vote. these documents.’’ 186 [T]he White House produce all documents Also during the 110th Congress, the Com- received or generated by any official in the COMMITTEE CONSIDERATION mittee investigated the revelation of CIA op- Executive Office of the President from April On June 20, 2012, the Committee on Over- erative Valerie Plame’s identity in the news 22 until July 1, 2004, that related to Corporal sight and Government Reform met in open media. The Committee’s investigation was Tillman. The Committee reviewed approxi- session with a quorum present to consider a contemporaneous with the Department of mately 1,500 pages produced in response to report of contempt against Eric H. Holder, Justice’s criminal investigation into the this request. The documents produced to the Jr., the Attorney General of the United leak of this classified information—a situa- Committee included e-mail communications States, for failure to comply with a Congres- tion nearly identical to the Committee’s cur- between senior White House officials holding sional subpoena. The Committee approved rent investigation into Operation Fast and the title of ‘‘Assistant to the President.’’ Ac- the Report by a roll call vote of 23–17 and or- Furious. cording to the White House, the White House dered the Report reported favorably to the Pursuant to the Committee’s investiga- withheld from the Committee only prelimi- House. tion, the Justice Department produced FBI nary drafts of the speech President Bush de- ROLL CALL VOTES reports of witness interviews, commonly re- livered at the White House Correspondents’ The following recorded votes were taken 194 ferred to as ‘‘302s.’’ Specifically, documents Dinner on May 1, 2004. during consideration of the contempt Re- reviewed by the Committee staff during the The Department of Defense produced over port: Valerie Plame investigation included the fol- 31,000 responsive documents, and the Com- 1. Mr. Welch offered an amendment to add lowing: mittee received an unprecedented level of ac- language to the Executive Summary stating FBI interviews of federal officials who did cess to documents and personnel.195 that contempt proceedings at this time are not work in the White House, as well as The Oversight and Government Reform unwarranted because the Committee has not interviews of relevant private individuals Committee’s investigations over the past met with former Attorney General Michael . . . total of 224 pages of records of FBI inter- five years demonstrate ample precedent for Mukasey. view reports with 31 individuals, including the production of a wide array of documents The amendment was defeated by a recorded materials related to a former Secretary, from the Executive Branch. In these inves- vote of 14 Yeas to 23 Nays. Deputy Secretary, Undersecretary [sic], and tigations, the Committee received pre- Voting Yea: Cummings, Towns, Maloney, two Assistant Secretaries of State, and other decisional deliberative regulatory docu- Norton, Kucinich, Tierney, Lynch, Connolly, former or current CIA and State Department ments, documents pertaining to ongoing in- Quigley, Davis, Braley, Welch, Murphy and officials, including the Vice President’s CIA vestigations, and communications between Speier. briefer.187 and among senior advisors to the President. Voting Nay: Issa, Burton, Mica, Platts, The Committee’s October 12, 2011, subpoena Turner, McHenry, Jordan, Chaffetz, Mack, To accommodate the Committee, the De- calls for many of these same materials, in- Walberg, Lankford, Amash, Buerkle, Gosar, partment permitted in camera review of the cluding 302s and deliberative documents. Labrador, Meehan, DesJarlais, Walsh, following: Still, the Justice Department refuses to Gowdy, Ross, Guinta, Farenthold and Kelly. [D]ocuments include[ing] redacted reports comply. 2. Mr. Lynch offered an amendment asking of the FBI interview with Mr. Libby, Andrew Further, the number of documents the De- for an itemized accounting of the costs asso- Card, Karl Rove, Condoleezza Rice, Stephen partment has produced during the Commit- ciated with the Fast and Furious investiga- Hadley, Dan Bartlett, and Scott McClellan tee’s Fast and Furious investigation pales in tion. and another 104 pages of additional interview comparison to those produced in conjunction The amendment was defeated by a vote of reports of the Director of Central Intel- with the Committee’s prior investigations. 15 Yeas to 23 Nays. In separate EPA investigations, the Com- Voting Yea: Cummings, Towns, Maloney, mittee received 27,000 documents and 35,000 Norton, Kucinich, Tierney, Clay, Lynch, Privilege Claims; Missed Opportunities by Majority to Connolly, Quigley, Davis, Braley, Welch, Complete Investigations, Oct. 22, 2008. Murphy and Speier. 180 Id. 188 Id. Voting Nay: Issa, Burton, Mica, Platts, 181 Id. 189 Id. Turner, McHenry, Jordan, Chaffetz, Mack, 182 Id. 190 Id. 183 Id. 191 Id. Walberg, Lankford, Amash, Buerkle, Gosar, 184 Id. 192 H. Comm. on Oversight and Gov’t Ref. Comm. Labrador, Meehan, DesJarlais, Walsh, 185 Id. Report, Misleading Information From the Battlefield: Gowdy, Ross, Guinta, Farenthold and Kelly. 186 Id. the Tillman & Lynch Episodes, H. Rep. 110–858, Sept. 3. Ms. Maloney offered an amendment to 187 H. Comm. on Oversight and Gov’t Ref. Draft Re- 16, 2008. add language to the Executive Summary port, U.S. House of Reps. Regarding President Bush’s 193 Id. stating that contempt proceedings at this Assertion of Exec. Privilege in Response to the Comm. 194 Id. Subpoena to Att’y Gen. Michael B. Mukasey, http:// 195 Id.; The minority views by Hon. Tom Davis oversight-archive.waxman.house.gov/documents/ states that the Comm. received 50,000 pages of docu- 196 Letter from Ass’t Att’y Gen. Ronald Weich to 20081205114333.pdf (last visited Mar. 5, 2012). ments and reviewed additional documents in camera. Chairman Darrell Issa (May 15, 2012).

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time are unwarranted because the Com- APPLICATION OF LAW TO THE LEGISLATIVE UNFUNDED MANDATE STATEMENT, COMMITTEE mittee has not held a public hearing with the BRANCH ESTIMATE, BUDGET AUTHORITY AND CON- former head of the Bureau of Alcohol, To- GRESSIONAL BUDGET OFFICE COST ESTIMATE Section 102(b)(3) of Public Law 104–1 re- bacco, Firearms and Explosives, Kenneth quires a description of the application of this The Committee finds that clauses 3(c)(2), Melson. bill to the legislative branch where the bill 3(c)(3), and 3(d)(1) of rule XIII of the Rules of The amendment was defeated by a vote of relates to the terms and conditions of em- the House of Representatives, sections 308(a) 16 Yeas to 23 Nays. ployment or access to public services and ac- and 402 of the Congressional Budget Act of Voting Yea: Cummings, Towns, Maloney, commodations. The Report does not relate to 1974, and section 423 of the Congressional Norton, Kucinich, Tierney, Clay, Lynch, employment or access to public services and Budget and Impoundment Control Act (as Cooper, Connolly, Quigley, Davis, Braley, accommodations. amended by Section 101(a)(2) of the Unfunded Welch, Murphy and Speier. Mandates Reform Act, P.L. 104–4) are inap- Voting Nay: Issa, Burton, Mica, Platts, STATEMENT OF OVERSIGHT FINDINGS AND plicable to this Report. Therefore, the Com- Turner, McHenry, Jordan, Chaffetz, Mack, RECOMMENDATIONS OF THE COMMITTEE mittee did not request or receive a cost esti- Walberg, Lankford, Amash, Buerkle, Gosar, In compliance with clause 3(c)(1) of rule mate from the Congressional Budget Office Labrador, Meehan, DesJarlais, Walsh, and makes no findings as to the budgetary Gowdy, Ross, Guinta, Farenthold and Kelly. XIII and clause (2)(b)(1) of rule X of the Rules of the House of Representatives, the Com- impacts of this Report or costs incurred to 4. Mr. Gowdy offered an amendment that carry out the report. updated the Committee’s Report to reflect mittee’s oversight findings and recommenda- that the President asserted the executive tions are reflected in the descriptive por- CHANGES IN EXISTING LAW MADE BY THE BILL privilege over certain documents subpoenaed tions of this Report. AS REPORTED by the Committee. The amendment also up- STATEMENT OF GENERAL PERFORMANCE GOALS This Report makes no changes in any ex- dated the Report to include the Committee’s AND OBJECTIVES isting federal statute. concerns about the validity of the Presi- ADDITIONAL VIEWS dent’s assertion of the executive privilege. In accordance with clause 3(c)(4) of rule Report of the Committee on Oversight and The amendment was agreed to by a recorded XIII of the Rules of the House of Representa- Government Reform vote. tives, the Committee states that pursuant to The amendment was agreed to by a vote of clause 3(c)(4) of rule XIII of the Rules of the Resolution Recommending that the House of 23 Yeas to 17 Nays. House of Representatives, the Report will as- Representatives Find Eric H. Holder, Jr., Voting Yea: Issa, Burton, Mica, Platts, sist the House of Representatives in consid- Attorney General, U.S. Department of Jus- Turner, McHenry, Jordan, Chaffetz, Mack, ering whether to cite Attorney General Eric tice, in Contempt of Congress for Refusal to Walberg, Lankford, Amash, Buerkle, Gosar, H. Holder, Jr. for contempt for failing to Comply with a Subpoena Duly Issued by Labrador, Meehan, DesJarlais, Walsh, comply with a valid congressional subpoena. the Committee on Oversight and Govern- ment Reform Gowdy, Ross, Guinta, Farenthold and Kelly. CONSTITUTIONAL AUTHORITY STATEMENT Voting Nay: Cummings, Towns, Maloney, ‘‘The Department of Justice’s Operation Norton, Kucinich, Tierney, Clay, Lynch, The Committee finds the authority for this Fast and Furious: Accounts of ATF Agents’’ Cooper, Connolly, Quigley, Davis, Braley, Report in article 1, section 1 of the Constitu- Joint Staff Report, prepared for Representa- Welch, Yarmuth, Murphy and Speier. tion. tive Darrell Issa, Chairman, House Com- 5. The Resolution was favorably reported, mittee on Oversight and Government Re- FEDERAL ADVISORY COMMITTEE ACT as amended, to the House, a quorum being form, and Senator Charles Grassley, Ranking present, by a vote of 23 Yeas to 17 Nays. The Committee finds that the Report does Member, Senate Committee on the Judici- Voting Yea: Issa, Burton, Mica, Platts, not establish or authorize the establishment ary. Turner, McHenry, Jordan, Chaffetz, Mack, of an advisory committee within the defini- ‘‘The Department of Justice’s Operation Walberg, Lankford, Amash, Buerkle, Gosar, tion of 5 U.S.C. App., Section 5(b). Fast and Furious: Fueling Cartel Violence’’ Labrador, Meehan, DesJarlais, Walsh, Joint Staff Report, prepared for Representa- EARMARK IDENTIFICATION Gowdy, Ross, Guinta, Farenthold and Kelly. tive Darrell Issa, Chairman, House Com- Voting Nay: Cummings, Towns, Maloney, The Report does not include any congres- mittee on Oversight and Government Re- Norton, Kucinich, Tierney, Clay, Lynch, sional earmarks, limited tax benefits, or lim- form, and Senator Charles Grassley, Ranking Cooper, Connolly, Quigley, Davis, Braley, ited tariff benefits as defined in clause 9 of Member, Senate Committee on the Judici- Welch, Yarmuth, Murphy and Speier. rule XXI. ary.

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Applications made and orders grant- Attorney General, U.S. Department of Jus- fore the Committee or to meet with Com- ed under this chapter shall be sealed by the tice, in Contempt of Congress for Refusal to mittee Members informally to discuss the judge.17 Comply with a Subpoena Duly Issued by origination and evolution of gunwalking op- the Committee on Oversight and Govern- Similarly, in 1940, Congress passed a stat- erations since 2006.4 Documents obtained ment Reform ute giving the Supreme Court the power to during the investigation indicate that Mr. On June 20, 2012, the Committee adopted prescribe rules of pleading, practice, and pro- Mukasey was briefed personally on botched 18 on a strictly party-line vote a report and res- cedure in criminal cases. In 1946, the mod- efforts to coordinate firearm interdictions ern grand jury secrecy rule was codified as olution (hereinafter ‘‘Contempt Citation’’) with Mexican law enforcement officials in concluding that Attorney General Eric H. Rule 6(e) of the Federal Rules of Criminal 2007 and was informed directly that such ef- Procedure, which provides for criminal pen- Holder, Jr., the chief law enforcement officer forts would be expanded during his tenure.5 of the United States, should be held in con- alties for disclosing grand jury informa- The Committee also failed to conduct 19 tempt of Congress for declining to produce tion. interviews of other key figures. For example, The Department has explained this to the certain documents pursuant to the Commit- the Committee did not respond to a request tee’s investigation of ‘‘gunwalking’’ during Committee repeatedly, including in a letter to interview Alice Fisher, who served as As- on May 15, 2012: Operation Fast and Furious and previous op- sistant Attorney General in charge of the erations. Criminal Division from 2005 to 2008, about Our disclosure to this oversight Committee Committee Democrats were unanimous in her role in authorizing wiretaps in Operation of some material sought by the October 11 their opposition to the Contempt Citation. Wide Receiver, or to a request to interview subpoena, such as records covered by grand These dissenting views conclude that Con- Deputy Assistant Attorney General Kenneth jury secrecy rules and federal wiretap appli- gress has a Constitutional responsibility to Blanco, who also authorized wiretaps in Op- cations and related information, is prohib- conduct vigorous oversight of the executive eration Fast and Furious and still works at ited by law or court orders.20 branch, but that holding the Attorney Gen- the Department, but who was placed in his Despite these legal prohibitions, the Chair- eral in contempt would be an extreme, un- position under the Bush Administration in man continued to threaten to hold the At- precedented action based on partisan elec- 6 April 2008. No explanation for these refusals torney General in contempt for protecting tion-year politics rather than the facts un- has been given. these documents. He also publicly accused covered during the investigation. During the Committee business meeting on the Attorney General of a ‘‘cover-up,’’ 21 These views find that the Committee failed June 20, 2012, every Democratic amendment claimed he was ‘‘obstructing’’ the Commit- to honor its Constitutional responsibility to to correct the Contempt Citation by noting tee’s investigation,22 asserted that he is will- avoid unnecessary conflict with the execu- these facts was defeated on strictly party- ing to ‘‘deceive the public,’’ 23 and stated on tive branch by seeking reasonable accom- line votes. national television that he ‘‘lied.’’ 24 modations when possible. The Committee II. HOLDING THE ATTORNEY GENERAL IN IV. THE DOCUMENTS AT ISSUE IN THE CON- flatly rejected a fair and reasonable offer CONTEMPT WOULD BE UNPRECEDENTED made by the Attorney General to provide ad- TEMPT CITATION ARE NOT ABOUT The House of Representatives has never in ditional internal deliberative documents GUNWALKING its history held an Attorney General in con- sought by the Committee in exchange for a The documents at issue in the Contempt tempt of Congress. The only precedent ref- good faith commitment toward resolving the Citation are not related to the Committee’s erenced in the Contempt Citation for holding contempt dispute. Instead, the Committee investigation into how gunwalking was initi- a sitting Attorney General in contempt for has repeatedly shifted the goalposts in this ated and utilized in Operation Fast and Furi- refusing to provide documents is this Com- investigation after failing to find evidence to ous. mittee’s vote in 1998 to hold then-Attorney support its unsubstantiated allegations. Over the past year, the Department of Jus- General Janet Reno in contempt during the The Contempt Citation adopted by the tice has produced thousands of pages of docu- campaign finance investigation conducted by Committee contains serious and significant ments, the Committee has interviewed two then-Chairman Dan Burton.7 errors, omissions, and misrepresentations. dozen officials, and the Attorney General has Chairman Burton’s investigation was wide- testified before Congress nine times. To address these inaccuracies, these views ly discredited, and the decision to hold the hereby incorporate and attach the 95-page In January, Ranking Member Cummings Attorney General in contempt was criticized issued a comprehensive 95-page staff report staff report issued by Ranking Member Eli- by editorial boards across the country as ‘‘a jah Cummings in January 2012, which pro- documenting that Operation Fast and Furi- gross abuse of his powers as chairman of the ous was in fact the fourth in a series of vides a comprehensive analysis of the evi- 8 9 committee,’’ a ‘‘fishing expedition,’’ gunwalking operations run by ATF’s Phoe- dence obtained during the Committee’s in- 10 ‘‘laced with palpable political motives,’’ nix field division over a span of five years be- vestigation. 11 and ‘‘showboating.’’ That action was so ginning in 2006. Three prior operations—Op- I. THE COMMITTEE’S ACTIONS HAVE BEEN partisan and so widely discredited that Newt eration Wide Receiver (2006–2007), the Her- HIGHLY PARTISAN Gingrich, who was then Speaker, did not nandez case (2007), and the Medrano case 12 The Committee’s contempt vote on June bring it to the House Floor for a vote. (2008)—occurred during the Bush Administra- 20, 2012, was the culmination of one of the Similarly, numerous commentators and tion. All four operations were overseen by most highly politicized congressional inves- editorial boards have criticized Chairman the same ATF Special Agent in Charge in Issa’s recent actions as ‘‘a monstrous witch tigations in decades. It was based on numer- Phoenix.25 13 14 ous unsubstantiated allegations that tar- hunt,’’ ‘‘a pointless partisan fight,’’ and The Committee has obtained no evidence 15 geted the Obama Administration for polit- ‘‘dysfunctional Washington as usual.’’ that the Attorney General was aware that ical purposes, and it ignored documented evi- III. THE COMMITTEE HAS HELD THE ATTORNEY gunwalking was being used. To the contrary, dence of gunwalking operations during the GENERAL TO AN IMPOSSIBLE STANDARD as soon as he learned of its use, the Attorney previous administration. For more than a year, the Committee has General halted it, ordered an Inspector Gen- During the Committee’s 16-month inves- held the Attorney General to an impossible eral investigation, and implemented signifi- tigation, the Committee refused all Demo- standard by demanding documents he is pro- cant internal reform measures.26 cratic requests for witnesses and hearings. In hibited by law from producing. After finding no evidence of wrongdoing by one of the most significant flaws of the in- One of the key sets of documents de- the Attorney General, the Committee’s investigation, the Chairman refused multiple manded during this investigation has been vestigation shifted to focusing on a single requests to hold a public hearing with Ken- federal wiretap applications submitted by letter sent by the Department’s Office of neth Melson, the former head of ATF, the law enforcement agents in order to obtain a Legislative Affairs to Senator Charles Grass- agency responsible for conducting these op- federal court’s approval to secretly monitor ley on February 4, 2011. This letter initially erations.1 The Chairman’s refusal came after the telephone calls of individuals suspected denied allegations that ATF ‘‘knowingly al- Mr. Melson told Committee investigators of gun trafficking. lowed the sale of assault weapons to a straw privately in July 2011 that he never informed The federal wiretapping statute, which was purchaser who then transported them into senior officials at the Justice Department passed by Congress and signed by President Mexico’’ and stated that ‘‘ATF makes every about gunwalking during Operation Fast and Lyndon B. Johnson on June 19, 1968, provides effort to interdict weapons that have been Furious because he was unaware of it him- for a penalty of up to five years in prison for purchased illegally and prevent their trans- self.2 Mr. Melson’s statements directly con- the unauthorized disclosure of wiretap com- portation to Mexico.’’ 27 tradict the claim in the Contempt Citation munications and prohibits the unauthorized The Department has acknowledged that its that senior Justice Department officials disclosure of wiretap applications approved letter was inaccurate and has formally with- were aware of gunwalking because Mr. by federal judges, who must seal them to drawn it. On December 2, 2011, the Depart- Melson briefed Gary Grindler, then-Acting protect against their disclosure.16 The stat- ment wrote that ‘‘facts have come to light Deputy Attorney General, in March 2010.3 ute states: during the course of this investigation that

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00145 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H4304 CONGRESSIONAL RECORD — HOUSE June 28, 2012 indicate that the February 4 letter contains The accommodation required is not simply tempt proceedings in order to conduct a seri- inaccuracies.’’ 28 an exchange of concessions or a test of polit- ous and careful review of presidential asser- Acknowledging these inaccuracies, the De- ical strength. It is an obligation of each tions of executive privilege, Chairman Issa partment also provided the Committee with branch to make a principled effort to ac- stated that ‘‘I claim not to be a constitu- 1,300 pages of internal deliberative docu- knowledge, and if possible to meet, the le- tional scholar’’ and proceeded with the con- ments relating to how the letter to Senator gitimate needs of the other branch.34 tempt vote.41 Grassley was drafted. These documents dem- VI. THE COMMITTEE’S DECISION TO PRESS In contrast, former Committee Chairman onstrate that officials in the Office of Legis- FORWARD WITH CONTEMPT LED TO THE AD- Henry Waxman put off a contempt vote after lative Affairs who were responsible for draft- MINISTRATION’S ASSERTION OF EXECUTIVE President George W. Bush asserted executive ing the letter did not intentionally mislead PRIVILEGE privilege in the investigation into the leak Congress, but instead relied on inaccurate of the covert status of CIA operative Valerie After the Chairman refused the Attorney assertions and strong denials from officials Plame.42 He took the same course of action General’s good faith offer—and it became ‘‘in the best position to know the relevant after President Bush asserted executive clear that a Committee contempt vote was facts: ATF and the U.S. Attorney’s Office in privilege over documents relating to the En- inevitable—the President asserted executive Arizona, both of which had responsibility for vironmental Protection Agency’s ozone regu- privilege over the narrow category of docu- Operation Fast and Furious.’’ 29 lation on the same day as a scheduled con- ments still at issue. The Administration Despite receiving these documents explain- tempt vote. At the time, he stated: ing how the letter to Senator Grassley was made clear that it was still willing to nego- drafted, the Committee moved the goalposts tiate on Congress’ access to the documents if I want to talk with my colleagues on both and demanded additional internal documents contempt could be resolved. sides of the aisle about this new develop- created after February 4, 2011, the date the On June 20, 2012, Deputy Attorney General ment. I want to learn more about the asser- letter to Senator Grassley was sent. It is un- James Cole wrote to the Chairman to inform tion and the basis for this assertion of the clear why the Committee needs these docu- the Committee that ‘‘the President, in light executive privilege.43 of the Committee’s decision to hold the con- ments. This narrow subset of additional doc- Although the Committee ultimately dis- tempt vote, has asserted executive privilege uments—which have nothing to do with how agreed with the validity of President Bush’s over the relevant post-February 4 docu- gunwalking was initiated in Operation Fast assertions of executive privilege, in neither ments.’’ 35 An accompanying letter from At- and Furious—is now the sole basis cited in case did the Committee go forward with con- torney General Holder described the docu- the Contempt Citation for holding the Attor- tempt proceedings against the officials ney General in contempt.30 ments covered by the privilege as limited to named in the contempt citations. ‘‘internal Department ‘documents from after V. THE COMMITTEE REFUSED A GOOD FAITH Similarly, Rep. John Dingell, as Chairman February 4, 2011, related to the Department’s OFFER BY THE ATTORNEY GENERAL FOR AD- of the Energy and Commerce Committee response to Congress.’ ’’ 36 DITIONAL DOCUMENTS during that Committee’s 1981 investigation Claims by House Speaker John Boehner The Committee failed to honor its Con- into the Department of Interior, received an and others that the Administration’s asser- stitutional responsibility to avoid unneces- assertion of executive privilege from the tion of executive privilege raises questions sary conflict with the Executive Branch by Reagan Administration regarding documents about the President’s personal knowledge of seeking reasonable accommodations when pertaining to the administration of the Min- gunwalking reflect a misunderstanding of possible. On the evening before the Commit- eral Lands Leasing Act.44 Before proceeding the scope of the privilege asserted.37 Regard- tee’s contempt vote, the Attorney General to contempt, the Committee held two sepa- ing the narrow subset of documents covered met with Chairman Issa, Ranking Member rate hearings on the executive privilege as- by the assertion, the letter from Attorney Cummings, Senator Grassley, and Senator sertion, and the Committee invited the At- General explained: Patrick Leahy. The Attorney General offered torney General to testify regarding his legal to take the following steps in response to the They were not generated in the course of opinion supporting the claim of executive Committee’s demands for additional docu- the conduct of Fast and Furious. Instead, privilege.45 ments. Specifically, the Attorney General: they were created after the investigative VIII. THE INVESTIGATION HAS BEEN (1) offered to provide additional internal tactics at issue in that operation had termi- CHARACTERIZED BY UNSUBSTANTIATED CLAIMS nated and in the course of the Department’s deliberative Department documents, created The Committee’s investigation of ATF deliberative process concerning how to re- even after February 4, 2011; gunwalking operations has been character- spond to congressional and related media in- (2) offered a substantive briefing on the De- ized by a series of unfortunate and unsub- quiries into that operation.38 partment’s actions relating to how they de- stantiated allegations against the Obama termined the letter contained inaccuracies; The Attorney General’s letter also ex- Administration that turned out to be inac- (3) agreed to Senator Grassley’s request plained the Administration’s legal rationale curate. during the meeting to provide a description for invoking executive privilege over inter- For example, during an interview on na- of the categories of documents that would be nal deliberative Justice Department docu- tional television on October 16, 2011, the produced and withheld; and ments, citing opinions from former Attor- Chairman accused the Federal Bureau of In- (4) agreed to answer additional substantive neys General Michael B. Mukasey, John vestigation (FBI) of concealing evidence of requests for information from the Com- Ashcroft, William French Smith, and Janet the murder of Agent Brian Terry by hiding a mittee. Reno, as well as former Solicitor General ‘‘third gun’’ found at the murder scene.46 The The Attorney General noted that his offer and Acting Attorney General Paul D. Clem- FBI demonstrated quickly that this claim included documents and information that ent.39 The letter also quoted the Supreme was unsubstantiated.47 Although the Chair- went even beyond those demanded in the Court in United States v. Nixon, writing: man admitted during a subsequent hearing that ‘‘we do go down blind alleys regularly,’’ Committee’s subpoena. In exchange, the At- The threat of compelled disclosure of con- no apology was issued to the law enforce- torney General asked the Chairman for a fidential Executive Branch deliberative ma- ment agents that were accused of a cover- good faith commitment to work towards a terial can discourage robust and candid de- 31 up.48 final resolution of the contempt issue. liberations, for ‘‘[h]uman experience teaches At the same time, the Chairman has de- Chairman Issa did not make any sub- that those who expect public dissemination fended the previous Administration’s oper- stantive changes to his position. Instead, he of their remarks may well temper candor ations as ‘‘coordinated.’’ 49 In response to a declined to commit to a good faith effort to with a concern for appearances and for their question about gunwalking during the Bush work towards resolving the contempt issue own interests to the detriment of the deci- Administration, the Chairman stated: and flatly refused the Attorney General’s sionmaking process.’’ . . . Thus, Presidents offer. have repeatedly asserted executive privilege We know that under the Bush Administra- There is no question that the Constitution to protect confidential Executive Branch de- tion there were similar operations, but they authorizes Congress to conduct rigorous in- liberative materials from congressional sub- were coordinated with Mexico. They made vestigations in support of its legislative poena.40 every effort to keep their eyes on the weap- functions.32 The Constitution also requires ons the whole time.50 Congress and the executive branch to seek to VII. THE COMMITTEE FAILED TO RESPONSIBLY accommodate each other’s interests and to CONSIDER THE EXECUTIVE PRIVILEGE ASSER- To the contrary, the staff report issued by avoid unnecessary conflict. As the D.C. Cir- TION Ranking Member Cummings on January 31, cuit has held: Despite requests from several Committee 2012, documents at least three operations Members, the Committee did not delay or during the previous Administration in which [E]ach branch should take cognizance of an postpone the business meeting in order to re- coordination efforts were either non-existent implicit constitutional mandate to seek op- sponsibly examine the Administration’s as- or severely deficient.51 timal accommodation through a realistic sertion of executive privilege and determine In addition, the Chairman has stated reevaluation of the needs of the conflicting whether it would be appropriate to continue peatedly that senior Justice Department of- 33 branches in the particular fact situation. contempt proceedings against the Attorney ficials were ‘‘fully aware’’ of gunwalking in Similarly, then-Attorney General William General. Operation Fast and Furious.52 After con- French Smith, who served under President Instead of following the example of pre- ducting two dozen transcribed interviews, Ronald Reagan, observed: vious Committee Chairmen who put off con- none of the officials and agents involved said

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00146 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE June 28, 2012 CONGRESSIONAL RECORD — HOUSE H4305 they informed the Attorney General or other Oversight and Government Reform, at 11 (June 19 Fed. R. Crim. Pro. 6(e)(7) (providing that senior Department officials about 14, 2012) (‘‘Contempt Citation’’). a knowing violation of Rule 6 ‘‘may be pun- gunwalking in Operation Fast and Furious. 4 The Daily Rundown, MSNBC (Nov. 3, 2010) ished as a contempt of court’’); 18 U.S.C. Instead, the heads of the agencies respon- (online at http://videocafe.crooksandliars. 401(3) (providing that a ‘‘court of the United sible for the operation—ATF and the U.S. com/david/darrell-issa-obama-must-answer- States shall have power to punish by fine or Attorney’s Office—told Committee inves- several-hundr); Letter from Rep. Elijah E. imprisonment, or both, at its discretion, tigators just the opposite, that they never Cummings, Ranking Member, House Com- such contempt of its authority’’). informed senior Department officials about mittee on Oversight and Government Re- 20 Letter from James M. Cole, Deputy At- gunwalking in Operation Fast and Furious form, to Rep. Darrell E. Issa, Chairman, torney General, Department of Justice, to because they were unaware of it.53 House Committee on Oversight and Govern- Rep. Darrell E. Issa, Chairman, House Com- Finally, the Chairman has promoted an ex- ment Reform (June 5, 2012); Letter from Rep. mittee on Oversight and Government Reform treme conspiracy theory that the Obama Ad- Elijah E. Cummings, Ranking Member, (May 15, 2012). ministration intentionally designed Oper- House Committee on Oversight and Govern- 21 Letter from Rep. Darrell E. Issa, Chair- ation Fast and Furious to promote ment Reform, to Rep. Darrell E. Issa, Chair- man, House Committee on Oversight and gunwalking. He stated in December 2011 that man, House Committee on Oversight and Government Reform, to Eric H. Holder, Jr., the Administration ‘‘made a crisis and they Government Reform (Feb. 2, 2012); Letter Attorney General, Department of Justice are using this crisis to somehow take away from Rep. Elijah E. Cummings, Ranking (Jan. 31, 2012). or limit people’s second amendment Member, House Committee on Oversight and 22 Letter from Rep. Darrell E. Issa, Chair- rights.’’ 54 This offensive claim has also been Government Reform, to Rep. Darrell E. Issa, man, House Committee on Oversight and made by Rush Limbaugh and other conserv- Chairman, House Committee on Oversight Government Reform, to Eric H. Holder, Jr., ative media personalities during the course and Government Reform (Nov. 4, 2011). Attorney General, Department of Justice 5 of the investigation. For example, on June Department of Justice, Meeting of the At- (Oct. 9, 2011). 20, 2011, Mr. Limbaugh stated: torney General with Mexican Attorney General 23 Letter from Rep. Darrell E. Issa, Chair- Medina Mora (Nov. 16, 2007). man, House Committee on Oversight and 6 The real reason for Operation Gunrunner Letter from Rep. Elijah E. Cummings, Government Reform, to Eric H. Holder, Jr., or Fast and Furious, whatever they want to Ranking Member, House Committee on Over- Attorney General, Department of Justice call it now, the purpose of this was so that sight and Government Reform, to Rep. Dar- (Jan. 31, 2012). Obama and the rest of the Democrats can rell E. Issa, Chairman, House Committee on 24 On the Record with Greta Van Susteren, scream bloody murder about the lack of gun Oversight and Government Reform (June 5, Fox News (June 7, 2012) (online at control in the U.S., which is causing all the 2012). www.foxnews.com/ on-air/on-the-record/ 2012/ 7 murders in Mexico. This was a setup from House Committee on Government Reform 06/08/issas - fast - and - furious - frustration- the get-go.55 and Oversight, Contempt of Congress: Refusal bubbles-over-holders-truth-not-consistent- of Attorney General Janet Reno to Produce Doc- Another conservative commentator stated facts?page=2). uments Subpoenaed By the Government Reform 25 Minority Staff, House Committee on that ‘‘their political agenda behind this en- and Oversight Committee, 105th Cong. (1998) tire thing was to blame American gun shops Oversight and Government Reform, Fatally (H. Rept. 105–728). Flawed: Five Years of Gunwalking in Arizona for cartel violence in America in order to 8 The Contempt Citation, Washington Post (Jan. 2012) (online at http://democrats. over- push an anti-Second Amendment, more regu- (Sept. 22, 1998). 56 sight.house.gov/index.php?option=coml lations on these gun shops.’’ Yet another 9 Buck Stops With Reno; Appointing an Inde- content&task=view&id=5575& Itemid=104). one stated: pendent Counsel in Campaign Contribution 26 Id.; House Committee on the Judiciary, Case: That Decision is Reno’s Alone to Make on This was purely a political operation. You Testimony of Eric H. Holder, Jr., Attorney the Basis of Her Information and Her Interpre- send the guns down to Mexico, therefore you General, Department of Justice, Oversight of tation of the Law, Los Angeles Times (Aug. 6, support the political narrative that the the United States Department of Justice (June Obama administration wanted supported. 1998). 10 Tell Him No, Ms. Reno!, Miami Herald 7, 2012). That all these American guns are flooding 27 Letter from Ronald Weich, Assistant At- Mexico, they’re the cause of the violence in (Aug. 6, 1998). 11 Give Reno Some Room, St. Petersburg torney General, Office of Legislative Affairs, Mexico, and therefore we need draconian gun Times (Aug. 6, 1998). Department of Justice, to Sen. Charles E. control laws here in America.57 12 Congressional Research Service, Congres- Grassley, Ranking Member, Senate Com- As recently as this month, Committee sional Contempt Power and the Enforcement of mittee on the Judiciary (Feb. 4, 2011). Member John Mica repeated this claim on Congressional Subpoenas: Law, History, Prac- 28 Letter from James M. Cole, Deputy At- Fox News. On June 15, 2012, he stated: tice, and Procedure (May 8, 2012). torney General, Department of Justice, to 13 Juan Williams, Issa’s Monstrous Witch Rep. Darrell E. Issa, Chairman, House Com- People forget how all this started. This ad- Hunt, The Hill (May 14, 2012). mittee on Oversight and Government Re- ministration is a gun control administra- 14 A Pointless Partisan Fight, New York form, et al. (Dec. 2, 2011). tion. They tried to put the violence in Mex- Times (June 20, 2012). 29 Id. ico on the blame of the United States. So 15 Holder Contempt Vote is Dysfunctional 30 Contempt Citation, at 41–42. they concocted this scheme and actually Washington as Usual, Baltimore Sun (June 21, 31 Id. sending our federal agents, sending guns 2012). See also Eugene Robinson, GOP Witch 32 Congressional Research Service, Congres- down there, and trying to cook some little Hunt for Eric Holder Reflects Bigger Problem, sional Oversight Manual (June 10, 2011). deal to say that we have got to get more Washington Post (June 21, 2012); Paul Bar- 33 United States v. AT&T, 567 F.2d 121, 127 guns under control.58 rett, In Contempt of Government Reform, (D.C. Cir. 1977). 34 5 Op. Off. Legal Counsel. 27, 31 (1981). There is no evidence to support this con- Businessweek (June 20, 2012); Dana Milbank, 35 Letter from James M. Cole, Deputy At- spiracy theory. To the contrary, the docu- Republicans’ Attempt to Hold Holder in Con- torney General, Department of Justice, to ments obtained and interviews conducted by tempt is Uphill Battle, Washington Post (June Rep. Darrell E. Issa, Chairman, House Over- the Committee demonstrate that 20, 2012) (describing the ‘‘contemptible an- sight and Government Reform (June 20, gunwalking began in 2006, was used in three tics’’ of the Committee’s contempt pro- 2012). operations during the Bush Administration, ceedings); Sandra Hernandez, Partisan Politics Plague Probe of ‘Fast and Furious,’ Los Ange- 36 Letter from Eric H. Holder, Jr., Attorney and was a misguided tactic utilized by the General, Department of Justice, to Barack ATF field division in Phoenix.59 les Times (‘‘Issa’s demand loses some of its credibility and lapses into political theater H. Obama, President (June 19, 2012) (quoting NOTES when he threatens Atty. Gen. Eric H. Holder Letter from Rep. Darrell E. Issa, Chairman, 1 Letter from Rep. Elijah E. Cummings, Jr. with criminal contempt for failing to co- House Committee on Oversight and Govern- Ranking Member, House Committee on Over- operate’’) (Mar. 29, 2012). ment Reform, to Eric H. Holder, Jr., Attor- sight and Government Reform, to Rep. Dar- 16 The White House, Statement by the Presi- ney General, Department of Justice (June 13, rell E. Issa, Chairman, House Committee on dent Upon Signing the Omnibus Crime Control 2012)). Oversight and Government Reform (Oct. 28, and Safe Streets Act of 1968 (June 19, 1968); 18 37 Fast and Furious: How President Obama 2011). U.S.C. 2511(4)(a) (providing that violators and John Boehner Got to the Brink, Politico 2 House Committee on Oversight and Gov- ‘‘shall be fined under this title or imprisoned (June 22, 2012) (quoting Speaker John A. ernment Reform, Transcribed Interview of not more than five years, or both’’); 18 U.S.C. Boehner as stating that the ‘‘decision to in- Kenneth E. Melson (July 4, 2011). 2511(1)(e) (covering any person who ‘‘inten- voke executive privilege is an admission that 3 House Committee on Oversight and Gov- tionally discloses, or endeavors to disclose, White House officials were involved in deci- ernment Reform, Report of the Committee on to any other person the contents of any wire, sions that misled the Congress and have cov- Oversight and Government Reform on Resolu- oral, or electronic communication, inter- ered up the truth’’); House Committee on tion Recommending that the House of Rep- cepted by means authorized’’ under this Oversight and Government Reform, Business resentatives Find Eric H. Holder, Jr., Attorney chapter). Meeting (June 20, 2012) (quoting Rep. James General, U.S. Department of Justice, in Con- 17 18 U.S.C. 2518(1), 2518(8). Lankford as stating ‘‘we weren’t even aware tempt of Congress for Refusal to Comply with a 18 Sumner Courts Act, Pub. L. No. 76–675, 54 that the President was engaged in the delib- Subpoena Duly Issued by the Committee on Stat. 688 (1940). erations’’ and Rep. Jason E. Chaffetz stating

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00147 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H4306 CONGRESSIONAL RECORD — HOUSE June 28, 2012 that the assertion means that the President Henry A. Waxman, Hearing on the Johnson form, Transcribed Interview of Dennis K. ‘‘somehow was personally involved’’). and Dudley Contempt of Congress Resolutions, Burke (Aug. 18, 2011). 38 Letter from Eric H. Holder, Jr., Attorney 110th Cong. (June 20, 2008). 54 Hannity, Fox News (Dec. 8. 2011) (online 44 General, Department of Justice, to Barack House Committee on Energy and Com- at http://video.foxnews.com/v/1317212270001/ H. Obama, President (June 19, 2012) (quoting merce, Congressional Proceedings Against Inte- holder-on-the-hot-seat-over-fast--furious). Letter from Rep. Darrell E. Issa, Chairman, rior Secretary James G. Watt for Withholding 55 The Rush Limbaugh Show (June 20, 2011) House Committee on Oversight and Govern- Subpoenaed Documents And For Failure to An- (online at www.rushlimbaugh.com/ daily/2011/ ment Reform, to Eric H. Holder, Jr., Attor- swer Questions Relating to Reciprocity Under 06/20/on the cutting edge we covered ney General, Department of Justice (June 13, the Mineral Lands Leasing Act, 97th Cong. l l l l l l the fast and furious story in march). 2012)). (Sept. 30, 1982) (H. Rept. 97–898). l l l l l l 39 Letter from Eric H. Holder, Jr., Attorney 45 Id. 56 O’Reilly Factor, Fox News (Apr. 16, 2012) General, Department of Justice, to Barack 46 Face the Nation, CBS News (Oct. 16, 2011) (online at www.foxnews.com/on-air/oreilly/ H. Obama, President (June 19, 2012) (quoting (online at www.cbsnews.com/stories/2011/10/ 2012/04/17/will-fast-and-furious-hurt-obamas- Letter from Michael B. Mukasey, Attorney 16/ftn/main20121072.shtml). re-election-chances). General, Department of Justice, to George 47 Justice Department Accuses Issa of 57 American Newsroom, Fox News (Mar. 12, W. Bush, President (June 19, 2008); Letter ‘‘Mischaracterizing’’ Evidence in Probe of Oper- 2012) (online at http://video.foxnews.com/v/ from Paul D. Clement, Solicitor General and ation Fast and Furious, Fox News (Oct. 17, 1502683781001/tea-party-turning-up-the-heat- Acting Attorney General, Department of 2011) (online at www.foxnews.com/politics/ on-fast--furious). Justice, to George W. Bush, President (June 2011/10/17/justice-department-accuses-issa- 58 Hannity, Fox News (June 15, 2012) (online 27, 2007); Letter from John D. Ashcroft, At- ischaracterizing-evidence-in-probe- at http://video.foxnews.com /v/1691933147001). torney General, Department of Justice, to operation/ #ixzz1xiMQtvoh). George W. Bush, President (Dec. 10, 2001); 23 48 House Committee on Oversight and Gov- 59 Minority Staff, House Committee on Over- Op. Off. Legal Counsel 1, 1–2 (1999) (opinion of ernment Reform, Hearing on Operation Fast sight and Government Reform, Fatally Flawed: Attorney General Janet W. Reno); 5 Op. Off. and Furious: Management Failures at the De- Five Years of Gunwalking in Arizona (Jan. Legal Counsel 27,29–31 (1981) (opinion of At- partment of Justice (Feb. 2, 2012). 2011) (online at http://democrats.oversight. torney General William French Smith)). 49 Face the Nation, CBS News (Oct. 16, 2011) house.gov/images/stories/minoritylreportl 40 Letter from Eric H. Holder, Jr., Attorney (online at www.cbsnews.com/stories/ 2011/10/ 13112.pdf) General, Department of Justice, to Barack 16/ftn/main20121072.shtml). ELIJAH E. CUMMINGS. 50 H. Obama, President (June 19, 2012) (citing Id. CAROLYN B. MALONEY. 51 United States v. Nixon, 418 U.S. 683, 705 (1974)). Minority Staff, House Committee on WM. LACY CLAY. 41 House Committee on Oversight and Gov- Oversight and Government Reform, Fatally ELEANOR HOLMES-NORTON. ernment Reform, Statement of Chairman Flawed: Five Years of Gunwalking in Arizona DANNY K. DAVIS. Darrell E. Issa, Business Meeting (June 20, (Jan. 2012) (online at http://democrats. over- JOHN F. TIERNEY. 2012). sight.house.gov/index.php?option=coml STEPHEN F. LYNCH. 42 House Committee on Oversight and Gov- content&task=view&id=5575&Itemid=104). CHRISTOPHER MURPHY. ernment Reform, Report Regarding President 52 The Roger Hedgecock Show (Nov. 21, MIKE QUIGLEY. Bush’s Assertion of Executive Privilege in Re- 2011) (online at www.youtube.com/ DENNIS J. KUCINICH. sponse to the Committee Subpoena to Attorney watch?v=pGYUxuBNxk0). EDOLPHUS TOWNS. General Michael B. Mukasey, 110th Cong. 53 House Committee on Oversight and Gov- GERALD E. CONNOLLY. (2008). ernment Reform, Transcribed Interview of PETER WELCH. 43 House Committee on Oversight and Gov- Kenneth E. Melson (July 4, 2011); House Com- JOHN YARMUTH. ernment Reform, Statement of Chairman mittee on Oversight and Government Re- JACKIE SPEIER.

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VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00171 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE Insert graphic folio 204 EH28JN12.134 H4330 CONGRESSIONAL RECORD — HOUSE June 28, 2012

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VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00173 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE Insert graphic folio 206 EH28JN12.136 H4332 CONGRESSIONAL RECORD — HOUSE June 28, 2012

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VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00177 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE Insert graphic folio 210 EH28JN12.140 H4336 CONGRESSIONAL RECORD — HOUSE June 28, 2012

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VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00179 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE Insert graphic folio 212 EH28JN12.142 H4338 CONGRESSIONAL RECORD — HOUSE June 28, 2012

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VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00185 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE Insert graphic folio 218 EH28JN12.148 H4344 CONGRESSIONAL RECORD — HOUSE June 28, 2012

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VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00205 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE Insert graphic folio 238 EH28JN12.168 H4364 CONGRESSIONAL RECORD — HOUSE June 28, 2012

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00206 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE Insert graphic folio 239 EH28JN12.169 June 28, 2012 CONGRESSIONAL RECORD — HOUSE H4365

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00207 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE Insert graphic folio 240 EH28JN12.170 H4366 CONGRESSIONAL RECORD — HOUSE June 28, 2012

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VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00210 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE Insert graphic folio 243 EH28JN12.173 June 28, 2012 CONGRESSIONAL RECORD — HOUSE H4369

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VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00213 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE Insert graphic folio 246 EH28JN12.176 H4372 CONGRESSIONAL RECORD — HOUSE June 28, 2012

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00214 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE Insert graphic folio 247 EH28JN12.177 June 28, 2012 CONGRESSIONAL RECORD — HOUSE H4373

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VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00223 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE Insert graphic folio 256 EH28JN12.186 H4382 CONGRESSIONAL RECORD — HOUSE June 28, 2012

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VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00243 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE Insert graphic folio 276 EH28JN12.206 H4402 CONGRESSIONAL RECORD — HOUSE June 28, 2012 Mr. ISSA. Mr. Speaker, by direction Brian Terry, I always believed that, in I reserve the balance of my time. of the Committee on Oversight and time, we would reach an accommoda- Mr. CUMMINGS. Mr. Speaker, I yield Government Reform, I call up the reso- tion sufficient to get the information myself such time as I may consume. lution (H. Res. 711) recommending that needed for the American people while Today, Mr. Speaker, is a historic day the House of Representatives find Eric at the same time preserving the ongo- in many ways. On the one hand, in a H. Holder, Jr., Attorney General, U.S. ing criminal investigations. landmark decision by Chief Justice Department of Justice, in contempt of I am proud to say that our com- John Roberts, the Supreme Court Congress for refusal to comply with a mittee has maintained the ability for upheld the health care bill, ensuring subpoena duly issued by the Committee the Justice Department to continue that millions of American families will on Oversight and Government Reform. their ongoing prosecutions. Neither the finally have access to effective and af- The Clerk read the title of the resolu- majority nor the minority has allowed fordable health care. tion. any material to become public to com- On the other hand, Republican lead- The SPEAKER pro tempore. Pursu- promise that. However, the facts re- ers of the House of Representatives are ant to House Resolution 708, the resolu- main—in Fast and Furious, the Depart- about to plunge into the history books tion is considered read and shall be de- ment of Justice permitted the sale of as some of the most extreme and par- batable for 50 minutes, equally divided more than 2,000 weapons that fell into tisan ever. Rather than working to- and controlled by the chair and rank- the hands of the Mexican drug cartels, gether in a bipartisan way to create ing minority member of the Committee which was both reckless and inexcus- jobs and help our Nation’s economic re- on Oversight and Government Reform able. And it clearly was known by peo- covery, they’re rushing to the floor or their designees. ple, both career professionals and polit- under emergency procedures with a The text of the resolution is as fol- ical appointees, from the lowliest contempt resolution that is riddled lows: members on the ground in Phoenix to with errors and is motivated by par- H. RES. 711 high-ranking officials in the Depart- tisan politics. Resolved, That Eric H. Holder, Jr., Attor- ment of Justice. But that’s not what When I first heard about the allega- ney General of the United States, shall be we’re here for today. tions of gunwalking at ATF, I was out- found to be in contempt of Congress for fail- Today we are here on a very narrow raged. I fully supported our commit- ure to comply with a congressional sub- contempt, one that the Speaker of the tee’s goals of finding out how it start- poena. House, in his wisdom and assistance, ed, how it was used, and how it may Resolved, That pursuant to 2 U.S.C. 192 and has helped us to fashion. Let it be 194, the Speaker of the House of Representa- have contributed to the death of Bor- clear: we still have unanswered ques- der Patrol Agent Brian Terry. I made a tives shall certify the report of the Com- tions on a myriad of areas related to mittee on Oversight and Government Re- personal commitment, which I will form, detailing the refusal of Eric H. Holder, Operation Fast and Furious. But today keep, to the Terry family to conduct a Jr., Attorney General, U.S. Department of we are only here to determine how, responsible and thorough inquiry. Justice, to produce documents to the Com- over the 10 months from the time in But today’s contempt vote is a cul- mittee on Oversight and Government Reform which the American people and the mination of one of the most highly po- as directed by subpoena, to the United Congress of the United States were lied liticized and reckless congressional in- States Attorney for the District of Colum- to, given false—literally the reverse vestigations in decades. After receiving bia, to the end that Mr. Holder be proceeded statement, that ‘‘no guns were allowed thousands of pages of documents from against in the manner and form provided by to walk’’ during those 10 months before law. the Justice Department, conducting Resolved, That the Speaker of the House the Justice Department finally owned two dozen transcribed interviews, and shall otherwise take all appropriate action up and recognized that they had to hearing testimony from the Attorney to enforce the subpoena. come clean that, in fact, Fast and Furi- General nine times, here are the facts: The SPEAKER pro tempore. After ous was all about gunwalking. First, the committee has obtained no debate on the resolution, it shall be in The Department of Justice main- evidence that the Attorney General au- order to consider a motion to refer if tained a series of documents. Many of thorized, condoned, or knew about offered by the gentleman from Michi- these documents are believed to be gunwalking. Chairman ISSA admitted gan (Mr. DINGELL) or his designee communications between and with the this just yesterday before the Rules which shall be debatable for 10 minutes very individuals at the heart of the de- Committee. We’ve seen no evidence equally divided and controlled by the cision to go forward with Fast and Fu- that the Attorney General lied to Con- proponent and an opponent. rious. Therefore, we have focused our gress or engaged in a coverup. We’ve The gentleman from California (Mr. limited contempt on those documents. seen no evidence that the White House ISSA) and the gentleman from Mary- If our committee is able to receive the had anything to do with the land (Mr. CUMMINGS) each will control documents in totality that show who gunwalking operations—Chairman ISSA 25 minutes. brought about the dishonest statement admitted this on FOX News Sunday The Chair recognizes the gentleman to Congress and who covered it up for this past weekend. from California. 10 months, we believe that will allow Democrats wanted a real investiga- GENERAL LEAVE us to backtrack to the individuals who tion. But Chairman ISSA refused 10 dif- Mr. ISSA. Mr. Speaker, I ask unani- ultimately believed in Fast and Furi- ferent requests to hold a hearing with mous consent that all Members may ous, facilitated Fast and Furious, and the director of ATF, the agency that have 5 legislative days within which to ultimately made it responsible for ran these misguided operations. Let me revise and extend their remarks and in- Brian Terry’s death. say that again. During this entire in- The SPEAKER pro tempore. The sert extraneous materials into the vestigation, no Member of the House time of the gentleman has expired. RECORD for both resolutions made in has been able to pose a single question Mr. ISSA. I yield myself an addi- order under the rule. to the head of ATF at a public hearing. tional 15 seconds. How could you have a credible inves- The SPEAKER pro tempore. Is there I won’t read everything that’s in my tigation of gunwalking at ATF and objection to the request of the gen- opening statement. But I will read just never hold a single hearing with the tleman from California? one more thing. There was no objection. These words were said on the House leadership of the agency in charge? The Mr. ISSA. Mr. Speaker, I yield myself answer is, you can’t. floor in 2008 when Speaker PELOSI sup- 2 minutes. Based on the documents, we now ported contempt. She said: I never thought that we would be know that gunwalking, in fact, started here today. I never thought this point Congress has the responsibility of oversight of the executive branch. I know that in 2006. Yesterday, Chairman ISSA said would come. Throughout 18 months of Members on both sides of the aisle take that this about the misguided operations investigation, through countless areas responsibility very seriously. Oversight is an during the Bush administration: ‘‘They of negotiations in order to get the min- institutional obligation to ensure against were all flops. They were all failures.’’ imum material necessary to find out abuse of power. Subpoena authority is a vital The committee has obtained docu- the facts behind Fast and Furious and tool for that oversight. mentary evidence that former Attor- the murder of Border Patrol Agent Speaker PELOSI, 2008. ney General Mukasey was personally

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00244 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE June 28, 2012 CONGRESSIONAL RECORD — HOUSE H4403 briefed on these botched interdiction and Furious, there’s so much we do not vote don’t want to have this conversa- efforts during his tenure and that he know. But because whistleblowers tion, and they aren’t serious about was told they would be expanded. within the Department of Justice were stopping gun trafficking. They simply Chairman ISSA refused to call Mr. outraged at mischaracterizations, want to embarrass the administration, Mukasey for a hearing or even for a there’s a great deal that we do know. even though the committee’s 16-month private meeting. During our commit- What we do know is that we have investigation found no evidence the At- tee’s year and a half investigation, the been dealing with a systematic effort torney General knew about chairman refused every single Demo- to deflect attention away from the de- gunwalking, even though there was no cratic request for a witness. cisions and the determinations that evidence of White House involvement Instead of taking any of these rea- were made at the highest levels of the in gunwalking, all of which Chairman sonable steps as part of a credible and Department of Justice, where informa- ISSA admitted on national TV last even-handed investigation to deter- tion was brought directly to individ- week. mine facts, House Republican leaders uals at the highest levels of the De- So if we’re going to talk about gun rushed this resolution to the floor only partment of Justice, information that trafficking, let’s be clear: this is about 1 week after it was voted out of com- was contained in wiretap affidavits politics, not safety. mittee. In contrast, during the last that lay out in explicit detail the mat- Mr. ISSA. Mr. Speaker, the minority Congress, House leaders continued to ters related to Fast and Furious. knows that, in fact, this contempt is negotiate for 6 months to try to avoid Mr. Speaker, there is a famous all about the Attorney General’s re- contempt in the United States Attor- quotation in the Department of Justice fusal to turn over documents, not neys investigation. about the responsibility of the Attor- whether or not it was his lieutenants Mr. Speaker, some of my colleagues ney General not being to win cases, but or he that personally was involved in on the other side seem almost giddy to assure that justice is pursued and Fast and Furious. about today’s vote. After turning this retained. With that, I yield 2 minutes to the investigation into an election year Mr. Speaker, it is incumbent and a distinguished former chairman of the witch hunt, they have somehow con- responsibility on this House to do what Judiciary Committee, the gentleman vinced the Speaker to take it to the is required to do in this circumstance from Wisconsin (Mr. SENSENBRENNER). Mr. SENSENBRENNER. Mr. Speak- floor. and to support the request that we be given the documents to obtain the er, this isn’t about politics. This is b 1440 facts that will allow us to draw the about the Constitution, and it’s about And they are finally about to get the conclusions which I believe will allow Congress’s mandate to do oversight prize they have been seeking for more us to get to the bottom of this level. over both the executive and judicial than a year: holding the Attorney Gen- Mr. CUMMINGS. Mr. Speaker, I yield branches of government. The President is asserting executive eral of the United States of America in 2 minutes to the distinguished gen- privilege to attempt to shield these contempt. tleman from Illinois (Mr. QUIGLEY). documents, and he is relying on a type They may view today’s vote as a suc- Mr. QUIGLEY. Those bringing this of privilege called the deliberative cess, but in reality, it is a sad failure— contempt vote say they want to talk process privilege. However, that privi- a failure of House leadership, a failure about gunwalking and how to stop it. lege disappears when Congress is inves- of our constitutional obligations, and a Okay, let’s have that conversation. tigating evidence of wrongdoing. failure of our responsibilities to the They say they want to stop gun traf- In 1997, the U.S. Court of Appeals for American people. ficking and keep our ATF agents safe. the District of Columbia Circuit wrote, I reserve the balance of my time. Well, then let’s properly fund the ATF, in part: Mr. ISSA. I yield 3 minutes to the which has the same number of agents gentleman from Pennsylvania, the dis- Moreover, the privilege disappears alto- since 1970. gether when there is any reason to believe tinguished Congressman MEEHAN, a They say they want to stop gun traf- government misconduct occurred. former U.S. attorney in that district. ficking. Well, then appoint a perma- In another case that was decided by Mr. MEEHAN. Thank you, Mr. Chair- nent ATF Director, which the agency the First Circuit in 1995, it says that man. hasn’t had in 6 years. the grounds that shielding internal Mr. Speaker, this is not about poli- They say they want to stop gun traf- government deliberations in this con- tics, though there are some who want ficking. Well, then let’s pass some laws text does not serve ‘‘the public’s inter- to suggest that it is because if they which actually deter straw purchasers. est in honest, effective government.’’ yell loud enough and long enough, it Straw purchasers can currently buy There’s been misconduct that’s al- will deflect the truth of the matter. thousands of AK–47s, lie on their paper- ready a matter of public record in two Frankly, it’s not about ‘‘gotcha.’’ As a work, and the penalty is equivalent to instances. The Justice Department former prosecutor myself, the Attorney a moving violation. wrote Senator GRASSLEY in January of General personifies the pursuit of jus- They say they want to stop gun traf- 2011 saying that the ATF-sanctioned tice, and I want to see him do well. But ficking. Well, then let’s give the agents gunwalking across the border was it is about accountability. in the field what they’ve been asking false, and it took them 9 months to re- Agent Brian Terry is dead, protecting for: the ability to track multiple pur- tract that letter. So they misled Con- our border, and 563 days later, the chases of long guns. These long guns gress, and then 9 months later they Terry family still does not know why it include AK–47s, variant assault weap- said, Oops, maybe we did mislead Con- occurred. What they do know is that ons, and .50 caliber semiautomatic gress and we’ll withdraw the letter. the very agency that initiated Fast and sniper rifles, the weapons of choice for And in May 2011, the Attorney General Furious, the Department of Justice international drug cartels. testified before the Judiciary Com- under Attorney General Eric Holder, They say they want to stop gun traf- mittee that he first heard of Operation called the operation ‘‘fatally flawed.’’ ficking. Well, then let’s close the gun Fast and Furious a few weeks before And then the wagons got circled. show loophole which currently allows the hearing. Over 6 months later, he It’s about the separation of powers. anyone to purchase any gun they want conceded that he should have said ‘‘a As uncomfortable as it may be, at without background check. Felons, do- few months.’’ times it’s a fundamental tenet and a mestic violence abusers, those with se- Now, this very clearly shows that strength of our democracy that Con- vere mental illness, even those on the Congress has got the obligation to get gress is given not just the power, but terrorist watch list can currently walk to the bottom of this and that the as- the responsibility, to exercise its duty into a gun show and purchase any gun sertion of executive privilege by the of oversight over the Executive, espe- they want. President and the Attorney General is cially when, by their own admission, Yes, 2,000 guns were allowed to walk not based in law. We ought to go ahead things have gone glaringly wrong. to Mexico, but the truth is tens of and do our job and do our oversight. Because the Justice Department has thousands of guns flow across our bor- It’s too bad that the Justice Depart- stubbornly resisted the legitimate in- der every year because of those lax gun ment has decided to try to obstruct quiries of Congress over Operation Fast laws. But those bringing this contempt Congress’ ability to do it.

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Mr. Speaker, I yield verge of becoming the first in the his- throughout this political prosecution. the gentleman from Missouri (Mr. tory of the country to hold a sitting I have been deeply troubled by the CLAY) 2 minutes, a member of the com- Cabinet member in contempt, cement- tone and tenor of some of the very hos- mittee. ing its legacy as the most partisan tile questioning and the utter and com- Mr. CLAY. Mr. Speaker, as a member House of Representatives perhaps of all plete contempt and lack of respect time. When they say it’s not about pol- of the Oversight Committee, I know given to the Attorney General of the that the gunwalking operations con- itics, you can be sure it’s about poli- United States. tics. ducted by the ATF under both the pre- When this chapter of congressional vious and current administrations were The majority’s irresponsible and un- history is written, it will not be a precedented contempt vote brings dis- absolutely wrong. But the leadership of brave, shining moment. It will be seen this House is focused on shameful elec- honor to this House, which has become for what it is: a craven, crass, partisan so clouded in judgment, so besotted tion-year political posturing instead of move that brings dishonor to this body. the real issue. with rancor and partisanship, that it’s Mr. ISSA. I now yield 1 minute to the incapable of addressing a fundamental very distinguished and always partici- The Justice Department, long ago, separation of powers conflict in a seri- pating member of the committee, the ended the practice of allowing these ous and fair fashion. gentlewoman from New York (Ms. guns to ‘‘walk’’ across the border, put- In refusing to engage in good-faith ting communities in Mexico at great BUERKLE). negotiations with the Department of Ms. BUERKLE. Mr. Speaker, I thank risk. But the same people who have re- Justice and the Attorney General, the the chairman for his steadfast work on lentlessly pursued a baseless, partisan majority has exposed this contempt ci- behalf of truth in trying to get to the attack on Attorney General Holder and tation for what it really is: an extraor- bottom of Fast and Furious. the President have ignored the des- dinarily shameful political witch hunt Mr. Speaker, Syracuse, New York, in perate pleas of the Mexican Govern- aimed at trashing an honorable man. the heart of my district, is roughly ment—to strengthen American gun b 1450 2,500 miles from Rio Rico, Arizona, laws and curb the gun trafficking that where U.S. Border Patrol Agent Brian gave rise to the strategy in the first It is unacceptable that we are rush- place. ing to the floor this unprecedented con- Terry was tragically shot and killed by But focusing on the real issue would tempt resolution. Yesterday, Ranking an AK–47 assault rifle that the United take time away from their playing pol- Member CUMMINGS sent a letter to the States knowingly allowed into the itics with their oversight authority. Speaker highlighting 100 errors, omis- hands of a suspected gun trafficker, yet Those on the other side of the aisle sions, and mischaracterizations of fact every time I’m home, it is the issue claim to be concerned about powerful contained in the contempt citation first and foremost on the minds of my assault weapons crossing the border itself, rushed out of our committee last constituents. I listen to their calls, to into Mexico illegally, but how can they week on a party-line vote. their emails, and at our town halls. Although some of the contempt cita- They want to know what happened, be completely fine with those same tion’s flaws are simply misleading, oth- who knew what, and when did they powerful assault weapons being sold ers are significant legal deficiencies know it. They ask me, they ask Wash- right here in this country legally, put- and may contain factual errors that ington, they ask the Department of ting our communities at even greater call into question the very validity of Justice: How could the United States risk? the contempt citation itself. Government, the pillar of hope and This is nothing more than a political For example, on pages 4 and 5, the freedom, have allowed for this, for one witch hunt. The disgraceful posturing contempt citation charges that senior of their own representatives, one of that I witnessed at last week’s markup officials at the Department of Justice their own good guys, to be so helplessly has been continued on the floor today. headquarters ‘‘ultimately approved and gunned down by a suspected criminal? I agree that it never should have come authorized’’ Operation Fast and Furi- Mr. Speaker, I’m embarrassed to say to this, but we are here debating this ous. However, the contempt citation that after 562 days, I still don’t have an resolution solely because of the major- fails to mention that the committee answer for them. ity. They created the scandal and pro- has uncovered no evidence that DOJ of- The SPEAKER pro tempore. The duced a showdown during an election ficials, including the Attorney General, time of the gentlewoman has expired. season just to smear an honorable, ever approved or authorized Mr. ISSA. I yield the gentlelady an dedicated public servant and to embar- gunwalking in Operation Fast and Fu- additional 10 seconds. rass his boss. rious. In fact, the authorization origi- Ms. BUERKLE. Mr. Speaker, I ask: Is I urge my colleagues to reject this nated at the ATF office in Phoenix, Ar- this the hope that Americans are sup- nakedly partisan abuse of power. izona, not at DOJ headquarters in posed to believe in out of the sup- Mr. ISSA. Mr. Speaker, it is now my Washington. posedly most-transparent government honor to yield 1 minute to the distin- On pages 16, 17, 19, 20, 21, 22, 25, 26, in the history of our Nation? guished Speaker of the House, the gen- It is my hope, Mr. Speaker, that the and 27, the contempt citation charges tleman from Ohio (Mr. BOEHNER). DOJ with not producing a series of doc- district court judge will see through the Attorney General’s contempt of Mr. BOEHNER. I thank my colleague uments that the chairman only re- for yielding. cently acknowledged the Department Congress after it is passed in the House is prohibited by law from providing due today. However, we must not be mis- It’s important for the American peo- to the potential impact on ongoing taken, even if the Attorney General is ple to know how we got here and to prosecutions. prosecuted, the case is not closed. We know the facts of this case. The SPEAKER pro tempore. The must not forget that guns leaked The Congress asked the Justice De- time of the gentleman has expired. through this program claimed lives. partment for the facts related to Fast Mr. CUMMINGS. I yield the gen- The SPEAKER pro tempore. The and Furious and the events that led to tleman an additional 15 seconds. time of the gentlewoman has expired. the death of U.S. Border Patrol Agent Mr. CONNOLLY of Virginia. In fact, Mr. ISSA. I yield the gentlelady an Brian Terry. The Justice Department he had to amend his own subpoenas to additional 10 seconds. did not provide the facts and the infor- delete documents in this very category. Ms. BUERKLE. Mr. Speaker, after mation that we’ve requested. Instead, But his contempt citation has not today’s vote, we must continue our ef- the information came from people out- caught up with his most recent version forts to find more answers than there side the Department, people who want- of his subpoena. are questions relating to this adminis- ed to do the right thing.

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00246 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE June 28, 2012 CONGRESSIONAL RECORD — HOUSE H4405 In addition to not providing the in- be warranted, a finding of contempt lege, an action the President deformation, the administration admit- against the sitting Attorney General of nounced as lacking transparency when ted misleading Congress, actually re- the United States is most certainly he was campaigning. The Department tracting a letter it had sent 10 months not. has stood in open defiance of Congress’ earlier. In determining whether this House moral and constitutional obligation to I think all Members understand this should hold our highest-ranking na- conduct oversight of this affair. is a very serious matter. The Terry tional law enforcement officer in con- The family of Agent Terry deserves family wants to know how this hap- tempt of Congress, let us remember to know who approved Fast and Furi- pened, and they have every right to that up until last week the majority of ous. They have the right to know who have their answers. And the House our committee had been demanding the had the power to stop this program be- needs to know how this happened, and production of documents that our At- fore he was murdered, and they need an it’s our constitutional duty to find out. torney General is legally prohibited explanation as to why the Department So the House Oversight and Govern- from disclosing and that has caused of Justice took 9 months to withdraw ment Reform Committee issued a law- much of the delay here. In other words, their false denial that they had ever let ful and narrowly tailored subpoena. Mr. Holder would have broken the law guns walk into Mexico. We’ve been patient, giving the Justice and likely compromised existing crimi- The SPEAKER pro tempore. The Department every opportunity to com- nal prosecutions if he adhered to the time of the gentleman has expired. ply so we can get to the bottom of this majority’s unreasonable request for Mr. ISSA. I yield the gentleman an for the Terry family. We showed more materials that related to ongoing additional 15 seconds. Mr. WALBERG. To some on the other than enough good faith, but the White criminal investigations, Federal wire- side of the aisle, it seems fine that the House has chosen to invoke executive tap communications under judicial people who authorized this operation privilege. That leaves us no other op- seal, and documents also subject to still work within the Department of tions. The only recourse left to the grand jury secrecy rules. Justice. I don’t agree. They’d rather House is to continue seeking the truth Let us also be mindful that we are play politics than uphold Congress’ and to hold the Attorney General in considering the extent of cooperation, right to investigate. contempt of Congress. or noncooperation, of an Attorney Gen- Today’s vote is about accountability. Now, I don’t take this matter lightly. eral who has appeared before Congress It’s about making sure another 2,000 I, frankly, hoped it would never come on nine separate occasions, whose Jus- firearms don’t end up in the hands of to this. The House’s focus is on jobs tice Department has produced over Mexican drug cartels. And it’s about and on the economy. But no Justice 7,600 pages of documents to oversight bringing closure to the Terry family. Department is above the law, and no investigators and who continues to I urge my colleagues to support this Justice Department is above the Con- offer significant accommodations in re- resolution and honor the memory of stitution, which each of us has sworn sponse to extraordinary and ever- Brian Terry. an oath to uphold. changing requests for information. Mr. CUMMINGS. Mr. Speaker, I yield So I ask the Members of this body to Meanwhile, the majority continues 4 minutes to the distinguished gen- come together and to support this reso- to deny any and all Democratic re- tleman from Maryland (Mr. HOYER). lution so we can seek the answers that quests to publicly question, under Mr. HOYER. Mr. Speaker, this is a the Terry family and the American oath, law enforcement officials, includ- sad day for the House of Representa- people deserve. ing former Director of the ATF, Ken tives. It is an irresponsible day for the Mr. CUMMINGS. I yield myself 1 Melson, the head of the very Agency House of Representatives. It is a day in minute. that ran the gunwalking operations which the majority party asked us to I want to say in response to the such as Fast and Furious. take an action that has never been Speaker, we, too, are all saddened by Accordingly, it’s become quite clear taken in the history of America—never the tragic death of Border Patrol that what began as a legitimate and once—holding a Cabinet officer in con- Agent Brian Terry who gave his life in compelling oversight committee inves- tempt of the Congress. service to his country on December 15, tigation into Operation Fast and Furi- Now, there have been previous con- 2010. ous has deteriorated into an unfortu- tempt citations—some promoted by nate example of politics and partisan- Democratic committees and some pro- b 1500 ship at their worst. moted by Republican committees. The But, Mr. Speaker, despite what my The SPEAKER pro tempore. The average time between committee ac- colleagues have claimed, this contempt time of the gentleman has expired. tion and consideration on the floor of vote is not about getting documents Mr. CUMMINGS. I yield the gen- this House is 87 days; time to reflect on that show how gunwalking was initi- tleman another 15 seconds. an extraordinarily important action ated and utilized in Operation Fast and Mr. LYNCH. In closing, I urge my with consequences beyond the knowl- Furious. colleagues on both sides of the aisle to edge of anybody sitting here today. Now, the only documents in dispute oppose this contempt resolution. Now, I want to tell the chairman, are the documents created after Fast Mr. ISSA. Mr. Speaker, I now yield 1 with all due respect, I think this inves- and Furious ended and after Brian Ter- minute to the gentleman from Michi- tigation has been extraordinarily su- ry’s death, but we pledge to continue gan (Mr. WALBERG). perficial. I think the chairman has to find all the answers with regard to Mr. WALBERG. Mr. Speaker, there is failed to call witnesses that could in the death of Brian Terry. no joy in today’s action; but the fact fact give relevant, cogent testimony on With that, I yield 2 minutes to the remains, 18 months after U.S. Border the issues to bear. That ought to be distinguished gentleman from Massa- Patrol Agent Brian Terry was mur- done. That is why I will strongly sup- chusetts (Mr. LYNCH), a member of the dered, the Justice Department has port the motion of the gentleman from committee. failed to hold anybody accountable for Michigan (Mr. DINGELL), who has Mr. LYNCH. Mr. Speaker, I would the mistakes of Operation Fast and Fu- served here longer than any of the rest add that we have 31 Democrats that rious. of us and who is one of the strongest signed a letter to the Department of As a member of the Oversight and gun control rights supporters in this Justice and to the White House in the Government Reform Committee, I have Congress. aftermath of Agent Terry’s death to witnessed firsthand the stonewalling What his motion says is: let us re- fully cooperate in this investigation. by the Department of Justice and At- flect. Let us bring thoughtful judg- However, I rise in strong opposition to torney General Holder. At every ques- ment. Let us not, every time that there this contempt resolution. tion, the Justice Department has re- is the opportunity, choose confronta- While criticism of the Department of fused to acknowledge what they know tion over cooperation and consensus. Justice for oversight of the so-called about the gunwalking tactics that led That has been the history of this Con- ‘‘gunwalking’’ operations—conducted to Agent Terry’s death. Most recently, gress, confrontation over consensus during both the Bush administration they have hid behind the President’s every time, and America is suffering and the current administration—may erroneous claims of executive privi- because of it.

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00247 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H4406 CONGRESSIONAL RECORD — HOUSE June 28, 2012 I ask my friends on the Republican nans and all Americans; 115 Members of nothing, and he seeks for nothing. side of the aisle—who know me to be a Congress agree that Americans lack Never in my life have I met a man bipartisan Member of this body who be- confidence in Mr. Holder and his De- more unconcerned with the search for lieves in this institution and who cares partment. Every Member of Congress the truth. about its actions and the precedent should do their constitutional duty and I’ve since become even more dis- that they will set—don’t do this. Vote hold the Attorney General to be in con- turbed by the depth to which Mr. Hold- for this motion to refer. Give the chair- tempt today. er and his allies will sink to stonewall man the opportunity he should have The people of Arizona, California, justice. taken before to have a full hearing, New Mexico, and Texas, who deal with Yes, this is an unprecedented day, I calling former Attorney General the unsecured borders and violent agree with you. But not until now have Mukasey, calling the former head of Mexican cartels on a regular basis, now we had an Attorney General have to re- the ATF, calling agents who were per- must also live in fear of these firearms. tract so many statements made to the sonally involved in this proceeding. Some have said that these charges Congress of the United States, the duly I venture to say that there are very against Attorney General Eric Holder elected Representatives of the people few Members who will vote on this are racially motivated, and I couldn’t of the United States. issue who have read the committee disagree more. The violent cartels Let us vote to support this motion proceedings, very few Members who armed by our government have no re- for contempt. Mr. CUMMINGS. Mr. Speaker, may I have read the minority report or the gard for party ID or race. Throughout inquire as to how much time both sides majority report. Yet they’re about to our Nation and, specifically, in Ari- have. take a historic vote to do what has zona, folks from all political parties The SPEAKER pro tempore. The gen- never been done by any Congress—111 and all races are now living in danger tleman from Maryland has 61⁄4 minutes Congresses. Do not take this action. of this lethal violence due to the ac- remaining. The gentleman from Cali- This is not about Republicans or tions of this administration. fornia has 111⁄4 minutes remaining. Democrats. This is about our Constitu- Make no mistakes about it, today’s Mr. CUMMINGS. I yield 2 minutes to tion, our country, our respect for a Na- vote is to deliver justice and account- the gentlewoman from New York (Mrs. tion of laws, not of men. That’s what ability for the Brian Terry family and MALONEY). this vote is about. We ought not to be the over 300 Mexicans who have died as Mrs. MALONEY. Mr. Speaker, the voting as Republicans and Democrats; a result of Fast and Furious. Time’s family of Brian Terry deserves our re- we ought to be voting as Americans, up. spect, our condolences and our best ef- Americans committed to justice and Mr. CUMMINGS. I yield 30 seconds to forts to finish the mission, to put an fair process. the gentleman from Maryland (Mr. end to gun violence on the southern HOYER). b 1510 border. But instead of going after gun Mr. HOYER. I thank the gentleman violence, this investigation has gone I regret that I do not believe this for yielding. after the man that tried to stop the committee has followed that. I believe On November 1, 2009, our Speaker gun violence, the Attorney General. that the political motivations behind stood on this floor, outraged about the Chairman ISSA has acknowledged this resolution are clear and pose a process. We, too, are outraged about that Attorney General Holder did not clear and present danger to this Na- this process, and let me quote the know about the gunwalking operation. tion. Speaker: He has acknowledged that the Presi- The SPEAKER pro tempore. The We will not stand for this. And I would ask dent and the White House did not know time of the gentleman has expired. my House Republican colleagues and those about the gunwalking operation. Both Mr. CUMMINGS. I yield the gen- who believe that we should be here pro- the White House and the Attorney Gen- tleman an additional 30 seconds. tecting the American people, protecting our eral have acknowledged that the Mr. HOYER. I want to thank the gen- Constitution, not vote on this bill. Let’s just get up and leave. gunwalking operation was a tragic mis- tleman from Maryland, my colleague take, that it was badly executed, and and my friend, for his leadership on My colleagues may well follow that that it originated under the Bush ad- this effort. advice. ministration. When we vote on this referral, let us Mr. ISSA. I yield myself 10 seconds, It was Attorney General Holder that vote as Americans, as I said, not as a and have no doubt that the gentleman terminated the program and requested partisan issue. You may have the At- will walk off the floor. But his motion an extensive investigation of the oper- torney General in the future. It’s not is asking us also to delay, into an elec- ation and how it was conducted. And the question of the party of the Attor- tion, getting an answer for the Terry the documents that they’re now re- ney General. It is the question of family. I know that is not the wise questing in this ‘‘vast and spurious’’ whether or not this Congress is going course, and I strongly support that we investigation have absolutely nothing to provide for equal treatment of all do this today. to do with gunwalking. Attorney Generals and all Cabinet offi- With that, I yield 1 minute to the If they were really interested in dis- cers. gentleman from Idaho (Mr. LABRADOR). covering the truth, the committee Let us vote for this motion to refer Mr. LABRADOR. Mr. Speaker, I would have called Kenneth Melson, and give the committee the oppor- stand with a heavy heart in support of head of the ATF, as a witness. The tunity it should take, and let us vote today’s contempt resolution. It puts us chairman refused 10 different requests down this motion that should fail, and another step closer to holding the At- for a hearing with Mr. Melson—10 re- let us vote down these motions for con- torney General accountable for this se- quests. tempt, and let us thoughtfully consider verely flawed operation and his failure Republicans have not granted one the equities of this issue. to cooperate with Congress. single Democratic witness request in 16 Mr. ISSA. Mr. Speaker, it is now my The Attorney General has not only months. Not one. honor to yield 1 minute to the gen- failed to produce all the relevant docu- This is not about discovering the tleman from Arizona (Mr. GOSAR), an ments; he has misled this Congress and truth. This is about politics. This has active participant, and from the dis- thereby prevented us from uncovering become an obsessive political vendetta, trict from which this event sprung. the truth. So how can the Members of pursuing a political agenda in a season Mr. GOSAR. Mr. Speaker, finding At- the minority say that an investigation of unusually ugly politics. torney General Eric Holder, Jr. in con- is superficial when we don’t even have If they were serious about ending gun tempt of Congress is long overdue, but all the documents? violence, they would do what many welcome news for the American people, When the Attorney General was be- ATF agents have suggested and put and especially for Arizonans. fore the Committee on Oversight last some teeth in the law; and that is why As I explained in my recent state- year, I brought to light his historical I authored, with my colleagues, a bill ment, Mr. Holder has shown his con- pattern of willful ignorance. I high- to make gun trafficking a Federal of- tempt and utter disdain for our con- lighted his lack of knowledge when fense and strengthen penalties for stitutional rights, our border, Arizo- under oath. He knows nothing, he says straw purchases.

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00248 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE June 28, 2012 CONGRESSIONAL RECORD — HOUSE H4407 This unprecedented contempt cita- All we have asked for is the docu- in court months or years from now and tion is politics at its worst and why ments. All we want are the facts, and with the Department’s providing the this body is held in such low esteem by we have been thwarted. Eric Holder, same documents it’s offering to provide the public now. Attorney General of the United States, today. Let’s end this partisan exercise Mr. ISSA. Mr. Speaker, I place in the the highest judicial enforcement offi- now. RECORD at this time the statement by cer of the United States, has been in Mr. ISSA. I yield myself 15 seconds. the Terry family regarding Congress- contempt, is in contempt, and is show- I respect my colleague from Cali- man JOHN DINGELL’s criticism of the ing contempt for the Congress and the fornia, as we came in to Congress to- contempt vote. responsibility under the Constitution gether some 12 years ago; but the fact TERRY FAMILY STATEMENT WITH REGARD TO of this important committee of Con- is he talked about everything except CONGRESSMAN JOHN DINGELL’S CRITICISM OF gress. the fact that Congress was lied to in a CONTEMPT VOTE I urge adoption of the contempt reso- false letter and follow-up statement. On Wednesday, Representative John Din- lution against the Attorney General. Ten months went by. We’re only asking gell invoked the Terry family name while b 1520 for the information related to the false saying he would not back the contempt reso- statements made to Congress during lutions but instead wants the Oversight and Mr. CUMMINGS. Mr. Speaker, I yield that intervening period and nothing Government Reform Committee to conduct a 2 minutes to the gentleman from Cali- more thorough investigation into Operation more. fornia (Mr. SCHIFF). Fast and Furious. I reserve the balance of my time. Congressman Dingell represents the dis- Mr. SCHIFF. I thank the gentleman Mr. CUMMINGS. I yield 1 minute to trict in Michigan where Brian Terry was for yielding. the gentlewoman from California, the born and where his family still resides, but I rise in strong opposition to these minority leader, Ms. PELOSI. his views don’t represent those of the Terry contempt resolutions. Ms. PELOSI. I thank the gentleman family. Nor does he speak for the Terry fam- I spent 6 years as an assistant U.S. for yielding. ily. And he has never spoken to the Terry attorney, and I have great admiration I commend him for his extraordinary family. and respect for the hardworking men His office sent us a condolence letter when patriotism, for his commitment to up- Brian was buried 18 months ago. That’s the and women of the Department. I have holding our oath of office to protect last time we heard from him. great respect for our Attorney General, and defend the Constitution, and for A year ago, after the House Oversight and who I think has been a superb Attorney recognizing full well the congressional Reform Committee began looking into Oper- General and is a man of great integ- role of oversight of all branches of gov- ation Fast and Furious, one of Brian’s sisters rity. I, like most Americans, would ernment. I think we all share the view called Rep. Dingell’s office seeking help and like to know about the facts of Fast that Congress has a legitimate role to answers. No one from his office called back. and Furious, about the problem of guns Mr. Dingell is now calling for more inves- play in oversight; thus, your com- tigation to be conducted before the Attorney crossing our border, about the horren- mittee has so much jurisdiction, and I General can be held in contempt of Congress. dous violence to the south of our bor- respect that. The Terry family has been waiting for over der. But what we do today will shed no I think we also all agree—I think we 18 months for answers about Operation Fast light on that. all very, very much agree—that we are and Furious and how it was related to What we do today will not improve very sad and seek justice for the family Brian’s death. If Rep. Dingell truly wants to the situation in terms of gun violence support the Terry family and honor Brian of Border Patrol Agent Brian Terry. that has claimed the lives of tens of His loss is a tragedy for all who knew Terry, a son of Michigan, he and other mem- thousands of Mexican citizens and that bers of congress will call for the Attorney him, for all of us who care about him. General to immediately provide the docu- has claimed the lives of an increasing We offer our condolences to his family. ments requested by the House Oversight and number of Americans. What we are So sad. But that’s not what we are here Government Reform Committee. doing today is simply a partisan abuse to debate, what we agree upon. Mr. ISSA. Mr. Chairman, I’m sure of the contempt power. Thirteen per- What we are here to debate is some- that the gentlelady from New York cent of the American people think thing very, very large because it is a recognizes that the right of a minority highly of Congress, and today those 13 major disagreement between the two hearing has not been exercised, and percent are wondering why. What we sides of the aisle here—and I’m sorry to that would have answered the ques- do will cause no injury to the Depart- say that—about what our responsibil- tions, as they are well aware, about ment, but it will cause great injury to ities are to the Constitution of the bringing Kenneth Melson before the this House. United States. The Constitution re- committee. That would be their right. The Justice Department, after pro- quires Congress and the executive They did not exercise their right. viding 8,000 documents and extensive branch to avoid unnecessary conflict I yield 1 minute to the gentleman testimony, is now being required to and to seek accommodations that serve from Florida (Mr. MICA), the senior turn over privileged materials; and like both their interests. That’s how the member of the committee. all administrations before it, it has re- Constitution guides us. Mr. MICA. I thank the gentleman for luctantly used executive privilege to As Attorney General William French yielding. respectfully refuse to provide materials Smith, who served under President When the Founding Fathers created it cannot provide. So now we are here, Ronald Reagan, said: our government and established the bringing a contempt motion against The accommodation required is not simply committees in Congress, they had au- the Attorney General, who our com- an exchange of concessions or a test of polit- thorizing committees and they had ap- mittee chairman acknowledges was not ical strength. It is an obligation of each propriating committees. In 1808, the aware of Fast and Furious. They don’t branch to make a principled effort to ac- predecessor of this committee was es- expect any documents to show he was knowledge and, if possible, to meet the le- tablished for a fundamental reason, aware of Fast and Furious. Yet we are gitimate needs of the other branch. and that’s to make certain that pro- going to hold this Cabinet official in Mr. Speaker, on the floor today, the grams and funding were properly exe- contempt? Republicans in Congress are not mak- cuted and used by agencies created by That is an outrageous abuse of the ing a principled effort to acknowledge Congress. contempt power. What will happen or to meet the legitimate needs of the Congress created the law that cre- when this Congress actually needs to other branch. What they are doing is ated the Department of Justice. Con- use the contempt power for a legiti- exploiting a very unfortunate cir- gress funded the programs that are mate purpose? Will anyone still recog- cumstance for reasons that I cannot under the Department of Justice. It’s nize it? even characterize, so I won’t; but I will our responsibility to investigate when I urge the Speaker to withdraw this say this without any fear of contradic- things go wrong. And things went motion as, indeed, Speaker Gingrich tion: wrong. An agent of the United States withdrew the motion in his day and let The basic premise that this debate is was murdered with weapons which the parties work it out. We both know, predicated on today is a false premise. were funded by the agency that we cre- Democrats and Republicans, how this It is factually not true. In how many ated. will end. It will end with a settlement more ways can I say that? So we have

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00249 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H4408 CONGRESSIONAL RECORD — HOUSE June 28, 2012 a debate predicated on a false premise. heinous act, the first time in the his- almost unbelievable. Not that what What can that lead to that has any tory of our country, to bring contempt they’re saying is believable, but unbe- good outcome? It is a situation in against a Cabinet officer. You would lievable that they would say it. which we have a contempt of Congress think they’d be more careful about I say to those who have a doubt resolution against a sitting Cabinet what they say. But being careful about about how they want to proceed, that member, which is the first time in the what they say is apparently not part of instead of doing what I said before, over-200-year history of our country their agenda. which was just to come and treat this that this has ever happened. Again, I know in our caucus there is a mixed as a resolution before the Congress and what is the motivation? response to this. They’re acting politi- express my ‘‘no,’’ after listening to the Secondly—and that’s why I quoted cally; we should act politically. We unconscionable presentation, I want to the Constitution—this motion is not a shouldn’t vote on this; I want to vote join my CBC colleagues in boycotting principled effort to resolve the issue. If ‘‘no.’’ I think Members have to make the vote when we have the walkout it were, we would not be able to meas- their own decision about that. I’m very after we have the debate over Mr. DIN- ure in hours and days, not even weeks, moved by the efforts of our Congres- GELL’s motion. the rush—the railroading—of a resolu- sional Black Caucus to say that they’re We all take our responsibilities seri- tion of contempt of Congress that the going to walk out on this. Perhaps ously here, and one of them first and Republicans passed last week and are that’s the best approach for us to take. foremost is to support, uphold, and de- bringing this week to the House floor. How else can we impress upon the fend the Constitution of the United I say this because I took considerable American people, without scaring States. That Constitution requires the heat myself when we brought contempt them, about what is happening here? Congress and the executive branch—as charges against two staff people at the What is happening here? What is hap- I began—to avoid unnecessary conflict White House—Josh Bolton and Harriet pening here is shameful. What is hap- and seek accommodation to serve both Miers—41⁄2 years ago. We were asking pening here is something that we all interests, the executive branch and the for some papers. We got nothing, as I have an obligation to speak out legislative branch. We are not uphold- said to my friends, not even a wrapper against. Because I’m telling you it is ing that aspect of the Constitution of a piece of gum. Nothing. Eric Holder today, and it’s anybody here. Stonewalled. Nothing. Yet, at the time, else tomorrow on any charge they can I urge my colleagues to vote ‘‘no,’’ or our chairman of the Judiciary Com- drum up. a ‘‘no’’ vote, but to seriously reject. mittee, Mr. CONYERS, and our House As has been said, the fact is that the Let’s hope that this will not be re- leadership, Mr. HOYER and others, kept papers that they have seen, they know peated. But I’m telling you, it’s Eric saying, Find a way. Exhaust every are exculpatory. That means there is Holder one day, and you don’t know remedy so that we do not have to take no blame on the Attorney General, and who it is the next because of the frivo- this action of bringing a contempt they know that. That’s why they don’t lousness with which they treat a seri- charge to the floor of the House. want to bring those responsible for this ous responsibility of the House of Rep- For over 200 days, we tried, we tried, before their committee, and that’s why resentatives. It’s appalling. we tried to resolve the situation. When I commend Chairman DINGELL for his Mr. ISSA. As I know the former we could not, we brought it to the leadership in the motion that he will Speaker of the House knows, the Attor- floor—two staff people at the White bring to the floor momentarily, a money General is being held in contempt House—which is in stark contrast to tion of referral, so that we can get to as the custodian of the records for re- the rush of one week to the next for an the bottom of this, so that we can see fusing to deliver them, and not because unsubstantiated—not even factual— how this happened, so that we can offer we got to choose how far up or not to charge against the Attorney General of some solace to Brian Terry’s family, go. the United States. and so that we can have some sense of With that, I yield 1 minute to the It may just be a coincidence—I don’t decency about what should happen on gentleman from Utah (Mr. CHAFFETZ). Mr. CHAFFETZ. Mr. Speaker, Leader know—that the Attorney General of the floor of the House. PELOSI seriously questioned our moti- the United States, the chief legal offi- It seems to me the more baseless the vations here. Let me be crystal clear cer of our country, has a responsibility charge, the higher up they want to go what my motivation is. We have a dead to fight voter suppression, which is with the contempt. The less they have United States agent. We have more going on in our country; has refused to to say that is real, the higher up they than 200 dead people in Mexico. We defend the constitutionality of DOMA want to bring the contempt charge. have more than 2,000 weapons that because he doesn’t believe it’s constitu- I have always tried to make it a were knowingly and willfully given to tional; or has some major disagree- habit of not questioning the motiva- the drug cartels. More than 1,000 of ments on immigration, which fall tion of people. They believe what they those weapons are still missing. Most under the enforcement of immigration believe, we believe what we believe, of them are AK–47s. We have a duly law. and we act upon our beliefs. It always interested me that in this Congress issued subpoena that has not been re- b 1420 somebody can bring something to the sponded to. It may just be a coincidence that floor that is not true. But if I were to On February 4, 2011, on Department those are part of his responsibilities, or call someone a misrepresenter of that of Justice letterhead, they presented maybe it isn’t. But the fact is is that information, my words would be taken the United States Congress a letter the chief legal officer of our country down. So I guess that gives them lib- that was a lie. It took them nearly 9 to and his staff have to spend enormous erty to say anything because it’s in the 10 months to provide that information psychic and intellectual energy and form of a motion. and say, Whoops, sorry. That’s not time dealing with this unprincipled ef- Let’s make sure that we all take re- good enough. fort on the part of the Republicans. sponsibility for doing the right thing This is not about Eric Holder. This is Just when you think you have seen it by not letting there be an abuse of about the Department of Justice and all, just when you think they couldn’t power, an abuse of this floor of the justice in the United States of Amer- possibly go any further over the edge, House, an abuse of the time of the ex- ica. I would hearken back to the June they come up with something like this. ecutive branch, an abuse of the time of 3, 2011, letter that 31 brave Democrats It’s stunning. It really is. I don’t mean a member of the Cabinet who has seri- sent to the White House. I will read that in meaning it’s beautiful. It’s ous responsibilities to our country. part of this. And remember, this is stunning. It stops you in your tracks I urge my colleagues to do what they about a year ago: because you say: How far will they go? want as far as walking off. I myself had It is equally troubling that the Depart- Have they no limits? Apparently, not. said that I was coming to this floor to ment of Justice has delayed action and withheld information from congressional inquir- The temptation is to say: Let’s just vote against this resolution. I thought ies. ignore the whole thing, to not dignify it was so wrong that there was no ques- what they’re doing by even being tion to take the opportunity to vote b 1540 present on the floor when they do this ‘‘no.’’ But listening to the debate, it is He went on to say:

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00250 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE June 28, 2012 CONGRESSIONAL RECORD — HOUSE H4409 While the Department of Justice can and have to move with the contempt cita- the Omnibus Crime Control and Safe Streets should continue its investigation, those action, the President of the United Act, and are sometimes referred to as ‘‘T– tivities should not curtail the ability of Con- States issues an executive order claim- IIIs.’’ The use of federal wire intercepts requires gress to fulfill its oversight duty. We urge ing executive privilege. Something is you to instruct the Department of Justice to a significant amount of case-related infor- promptly provide complete answers to all funny. mation to be sent to senior Department offi- congressional inquiries. The SPEAKER pro tempore. The cials for review and approval. All applications for federal wiretaps are authorized The SPEAKER pro tempore. The time of the gentleman has expired. Mr. ISSA. I yield the gentleman an under the authority of the Assistant Attor- time of the gentleman has expired. ney General for the Criminal Division. In Mr. ISSA. I yield the gentleman an additional 30 seconds. Mr. BURTON of Indiana. Something practice, a top deputy for the Assistant At- additional 15 seconds. torney General has final sign-off authority Mr. CHAFFETZ. Nothing’s changed is wrong. There’s just no question. before the application is submitted to a fed- in over a year. But I will tell you this: Something is being hidden from the eral judge for approval. This deputy must en- Brian Terry doesn’t have answers. You Congress and the American people. And sure that the wiretap application meets stat- don’t have answers. I don’t have an- no matter how much is being said here utory requirements and Justice Department policy. The approval process includes a cer- swers. I want all the facts. That’s what tonight, the fact of the matter is we aren’t getting the information. tification that the wiretap is necessary be- we’re asking for today, the facts, all of cause other investigative techniques have them. A Border Patrol agent has been been insufficient. Therefore, making such a Mr. CUMMINGS. I will remind the killed, maybe two. Hundreds of people judgment requires a review of operational gentleman that all of this started have been killed in Mexico with Amer- tactics. Since gunwalking was an investiga- under President Bush. ican guns that our government knew tive technique utilized in Fast and Furious, I reserve the balance of my time. were going across that border. The At- then either top deputies in the Criminal Di- Mr. ISSA. I would recognize myself torney General has not been giving us vision knew about the tactics employed as part of their effort to establish legal suffi- for 10 seconds. the information. The Justice Depart- ment has been hiding it from the Con- ciency for the application, or they approved The distinguished gentleman from the wiretap applications in a manner incon- Maryland can have an opinion, but he gress and the American people, and the sistent with Department policies. can’t have his facts. President has claimed executive privi- From the beginning, ATF was transparent Fast and Furious was an OCDETF op- lege. If that doesn’t tell you some- about its strategy. An internal ATF briefing eration that began under President thing, nothing will. paper used in preparation for the OCDETF Obama and Attorney General Holder. Mr. CUMMINGS. I reserve the bal- application process explained as much: ance of my time. Currently our strategy is to allow the No ifs, no ands, no buts. And I would transfer of firearms to continue to take trust that the gentleman would no Mr. ISSA. Mr. Speaker, I would in- place, albeit at a much slower pace, in order longer make statements that would be quire of how much time is remaining. to further the investigation and allow for the less than truthful. The SPEAKER pro tempore. The gen- identification of co-conspirators who would And I reserve the balance of my time. tleman from California has 61⁄2 minutes continue to operate and illegally traffic fire- Mr. CUMMINGS. I yield myself 15 remaining. The gentleman from Mary- arms to Mexican DTOs which are perpe- 1 trating armed violence along the Southwest seconds. land has 1 ⁄4 minutes remaining. Again, the gentleman puts out state- Mr. ISSA. I thank the Speaker. Border. ments in search of facts. I submit the following: * * * * * The ultimate goal is to secure a Federal T– I reserve the balance of my time. HOUSE OF REPRESENTATIVES, III audio intercept to identify and prosecute Mr. ISSA. With that, I yield 1 minute COMMITTEE ON OVERSIGHT all co-conspirators of the DTO. . . . to the distinguished gentleman from AND GOVERNMENT REFORM, Tracking the illegally-purchased guns Indiana (Mr. BURTON), the former Washington, DC, May 24, 2012. after they left the premises of Federal Fire- chairman of the Oversight Committee. Hon. ELIJAH E. CUMMINGS, arms Licensees (FFLs) would allow ATF and Mr. BURTON of Indiana. I thank the Ranking Member, Committee on Oversight and federal prosecutors to build a bigger case, Government Reform, House of Representa- gentleman for yielding. one aimed at dismantling what was believed tives, Washington, DC. to be a complex firearms trafficking net- There has been a lot of hyperbole and DEAR RANKING MEMBER CUMMINGS: Last a lot of repetition, but a lot of the work. The task force failed, however, to February, I joined Senator Grassley in inves- track the firearms. Instead, according to the things that have been said haven’t tigating Operation Fast and Furious, the testimony of ATF agents, their supervisors really been factual. So let’s look at the reckless and fundamentally flawed program ordered them to break off surveillance short- facts: conducted by the Phoenix Field Division of ly after the guns left the gun stores or were Brian Terry was murdered. Hundreds the Bureau of Alcohol, Tobacco, Firearms, transferred to unknown third parties. Many of people have been murdered in Mex- and Explosives (ATF). As you know, during of the firearms purchased were next seen at ico with guns that went across the bor- Fast and Furious, ATF agents let straw pur- crime scenes on both sides of the border. chasers illegally acquire hundreds of fire- THE FAST AND FURIOUS GUN TRAFFICKING der. The Justice Department said in arms and walk away from Phoenix gun NETWORK WAS NOT COMPLEX February of 2011 that they had no stores. The misguided goal of this operation We now know the gun trafficking ring that knowledge about this, and then 10 was to allow the U.S.-based associates of a Fast and Furious was designed to target was months later, they admitted they lied. Mexican drug cartel to acquire firearms so relatively straightforward. It involved ap- they could be traced back to the associates Now they said they didn’t know, and proximately 40 straw purchasers; a money- once the firearms were recovered at crime then they said they did. I don’t know man, Manuel Celis-Acosta (Acosta), and; two scenes. On December 15, 2010, two guns from what you call that, but to me, it’s a lie. figures tied to Mexican cartels. Acosta and the Fast and Furious operation were the Then Chairman ISSA tried again and the cartel figures were the top criminals tar- only ones found at the scene of U.S. Border geted by ATF and the U.S. Attorney’s Office. again to get information so we could Patrol Agent Brian Terry’s murder. get to the bottom of this, like the 32 On January 19, 2011, 20 suspects were in- AN ORGANIZED CRIME DRUG ENFORCEMENT TASK Democrats wanted, and they refused. dicted, including Acosta and 19 of his straw FORCE (0CDETF) WIRETAP CASE buyers. In all, it is believed that the Fast He sent subpoenas; they refused. They Operation Fast and Furious got its name and Furious network purchased approxi- hid behind this being an ongoing inves- when it became an official Department of mately 2,000 firearms. An internal ATF docu- tigation and they couldn’t give those Justice Organized Crime Drug Enforcement ment dated March 29, 2011, shows that of the documents. We got a fraction of the Task Force (OCDETF) Strike Force case. indicted defendants, only a select few pur- documents that should have been given The OCDETF designation resulted in funding chased the majority of the firearms, and to us, but they wouldn’t do that. for Fast and Furious from the Justice De- nearly all of the purchases occurred after ISSA met with the Attorney General’s partment’s headquarters in Washington, D.C. ATF knew that these defendants were straw The Strike Force designation meant that it purchasers working with Acosta. These four people to try to come to some conclu- indicted defendants alone illegally purchased sion, some kind of a resolution of this would not be run by ATF, but would instead create a multi-agency task force led by the nearly 1,300 firearms: Uriel Patina (720), Sean so we wouldn’t have to move the con- U.S. Attorney’s Office. The designation also Steward (290), Josh Moore (141), and Alfredo tempt citation; nothing, absolutely meant that sophisticated law enforcement Celis (134). nothing. techniques such as the use of federal wire THE GOALS OF OUR INVESTIGATION And then finally, at the 11th hour, intercepts, or wiretaps, would be employed. A central aim of our investigation has been when we knew that we were going to Federal wiretaps are governed by Title III of to find out why and how such a dangerous

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00251 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H4410 CONGRESSIONAL RECORD — HOUSE June 28, 2012 plan could have been conceived, approved, conformed to Justice Department policy. tion a federal judge somewhere in the United and implemented. Who in ATF and the Jus- The information is as vast as it is specific. States that we believe it is a credible re- tice Department knew about the volume of This wiretap application, signed by Deputy quest. But we cannot—those now 22 lawyers guns being purchased? Who approved of the Assistant Attorney General Kenneth Blanco that I have who review this in Washington— case at various stages as it unfolded? Under under the authority of his supervisor, Assist- and it used to only be seven—can not and whose authority did this occur? Who could ant Attorney General Breuer, provides new should not replace their judgment, nor can have—and should have—stopped it? By close- insight into who knew—or should have they, with the thousands of prosecutors and ly examining this disastrous program, our known—what and when in Operation Fast agents all over the country. Theirs is a legal Committee hopes to prevent similar reckless and Furious. analysis; is there a sufficient basis to make operations from using dangerous tactics like To assist you in better understanding the this request. gunwalking ever again. Our investigation facts, I appreciate the opportunity to provide Assistant Attorney General Breuer failed also aims to determine what legislative ac- relevant and necessary context for some of to acknowledge that before a wiretap appli- tions might be necessary to ensure that such the information in this wiretap application. cation can be authorized, it must adhere to a program will not happen again. Due to the sensitivity of the document, indi- Justice Department policy. Yet, the oper- THE DEPARTMENT’S FAILURE TO COMPLY WITH vidual targets and suspects will be referred ational tactics included in the enclosed wire- THE COMMITTEE’S SUBPOENAS to with anonymous designations. You will tap application—including abandoning sur- Our Committee is still entitled to thou- notice, however, that the individuals re- veillance and not interdicting firearms—vio- sands of documents responsive to our sub- ferred to in the wiretap application are well- late Department policy. According to Deputy poenas. These documents will undoubtedly known to our investigation. Although senior Attorney General Cole, operations allowing shed more light on the misguided tactics Department officials authorized this applica- guns to cross the border do indeed violate used in Operation Fast and Furious. If the tion on March 15, 2010, a mere four months Department policy. In an e-mail he sent to Justice Department changes course and com- after the investigation began, it contains a southwest border U.S. Attorneys on March 9, plies with the Committee’s subpoenas, some breathtaking amount of detail. 2011, Deputy Attorney General Cole stated, of these documents will cover the targets of The detailed information about the oper- ‘‘I want to reiterate the Department’s pol- an FBI investigation of the individuals who ational tactics contained in the applications icy: We should not design or conduct under- were the link between the drug cartels and raises new questions about statements of cover operations which include guns crossing the Fast and Furious firearms trafficking senior Justice Department officials, includ- the border.’’ The Committee understands the limita- ring. Other documents will chronicle the De- ing the Attorney General himself. Before the tions of the Office of Enforcement Oper- partment’s response to allegations of whis- Senate Judiciary Committee on November 8, ations function. Nevertheless, when pre- tleblowers following Agent Terry’s death and 2011, the Attorney General testified: I don’t think the wiretap applications—I’ve sented with alarming details such as those how it shifted its position from the outright not seen—I’ve not seen them. But I don’t contained in this application, a sensible law- denial that there was any misconduct to the know—I don’t have any information that in- yer—vested with the important responsi- Department’s formal withdrawal of its false dicates that those wiretap applications had bility of recommending to the Assistant At- statement in December 2011. Most importantly, as you are well aware, anything in them that talked about the tac- torney General whether a wiretap should be we are still waiting for documents relating tics that have made this such a bone of con- authorized—must raise the alarm. Senior of- to the individuals who approved the tactics tention and have legitimately raised the ficials reviewing the application for legal employed in Fast and Furious. In his recent concern of members of Congress, as well as sufficiency and/or whether Justice Depart- letter to me, Deputy Attorney General those of us in the Justice Department. I—I’d ment policy was followed, however, failed to James Cole asserted that such documents be surprised if the tactics themselves about identify major problems that these manifold ‘‘will not answer the question’’ of what sen- gun walking were actually contained in facts suggested. ior officials were in fact notified of the unac- those—in those applications. I have not seen MARCH 2010 WIRETAP APPLICATION STATES THE ceptable tactics used in Fast and Furious. them, but I would be surprise[d] [if that] MAIN SUSPECT HAD INTENT TO ACQUIRE FIRE- This statement is deeply misleading. We are were the case. ARMS FOR THE PURPOSE OF TRANSPORTING At a hearing before our Committee on Feb- aware of specific documents that lay bare THEM TO MEXICO ruary 2, 2012, the Attorney General also de- the fact that senior officials in the Depart- According to the wiretap application ob- nied that any information relating to tactics ment’s Criminal Division who were respon- tained by the Committee, as early as Decem- appeared in the wiretap affidavits. He testi- sible for approving the applications in sup- ber 2009, the task force had identified the fied: port of the Fast and Furious wiretap author- main suspect in Fast and Furious (Target 1), I think, first off, there is no indication ization requests were indeed made aware of a figure well-known to our investigation. that Mr. Breuer or my former deputy were these questionable tactics. Cole’s letter goes The affidavit provides transcripts of entire aware of the tactics that were employed in on to state that ‘‘Department leadership was conversations obtained through a prior DEA this matter until everybody I think became unaware of the inappropriate tactics used in wire intercept. These conversations dem- aware of them, which is like January Feb- Fast and Furious until allegations about onstrate that key suspects in Operation Fast ruary of last year. The information—I am those tactics were made public in early and Furious were running a firearms traf- not at this point aware that any of those tac- 2011.’’ That statement is even more mis- ficking ring. In one conversation that took tics were contained in any of the wiretap ap- leading and utterly false. The information place on December 11, 2009, Unknown Person plications. 1 asks, ‘‘Can you hold them [firearms] for me provided to senior officials in the affidavits Contrary to the Attorney General’s state- there for a little while there?’’ Target 1 re- accompanying the wiretaps includes copious ments, the enclosed wiretap affidavit con- sponds, ‘‘Well it’s that I do not want to have details of the reckless investigative tech- tains clear information that agents were them at home, dude, because there is a lot of niques involved. Senior department leaders willfully allowing known straw buyers to ac- . . . uh, it’s too much heat at my house.’’ were not only aware of these tactics. They quire firearms for drug cartels and failing to Unknown Person 1 then asked where he approved them. interdict them—in some cases even allowing could store the firearms and Target 1 re- WIRETAP APPLICATION OBTAINED BY THE them to walk to Mexico. In particular, the sponds, ‘‘[m]ake arrangements with that guy COMMITTEE affidavit explicitly describes the most con- [Straw Purchaser X], call him back and The Committee has obtained a copy of a troversial tactic of all: abandoning surveil- make arrangements with him.’’ The affidavit Fast and Furious wiretap application, dated lance of known straw purchasers, resulting acknowledges that while monitoring the March 15, 2010. The application includes a in the failure to interdict firearms. memorandum dated March 10, 2010, from As- The Justice Department’s Office of En- DEA target telephone numbers, law enforce- sistant Attorney General of the Criminal Di- forcement Operations reviews the wiretap ment officers intercepted calls that dem- vision Lanny A. Breuer to Paul M. O’Brien, applications to ensure that they are both le- onstrated that Target 1 was conspiring to Director, Office of Enforcement Operations, gally sufficient and conform to Justice De- purchase and transport firearms for the pur- authorizing the wiretap application on be- partment policy. Deputy Attorney General pose of trafficking the firearms from the half of the Attorney General. The memo- James M. Cole has verified this under- United States to Mexico. randum from Breuer was marked specifically standing. In a letter he sent to Congress on MARCH 2010 WIRETAP APPLICATION STATES THAT for the attention of Emory Hurley, the lead January 27, 2012, he stated that the Depart- NEARLY 1,000 FIREARMS HAD ALREADY BEEN federal prosecutor for Operation Fast and ment’s ‘‘lawyers help AUSAs and trial attor- PURCHASED, AND THAT MANY WERE RECOV- Furious. neys ensure that their wiretap packages ERED IN MEXICO In response to your personal request, I am meet statutory requirements and DOJ poli- The Probable Cause section of the affidavit enclosing a copy of the wiretap application. cies. When Assistant Attorney General shows that ATF was aware that from Sep- Please take every precaution to treat it Breuer testified last November about the tember 2009 to March 15, 2010, Target I ac- carefully and responsibly. I am hopeful that wiretap approval process, however, he stated: quired at least 852 firearms valued at ap- it will assist you in understanding the infor- [The role of the reviewers and the role of proximately $500,000 through straw pur- mation brought to the attention of senior of- the deputy in reviewing Title Three applica- chasers. As of March 15, 2010, twenty-one ficials in the Criminal Division charged with tions is only one. It is to insure that there is straw purchasers had been identified. Be- reviewing the contents of the applications to legal sufficiency to make an application to tween September 23, 2009, and January 27, determine if they were legally sufficient and go up on a wire, and legal sufficiency to peti- 2010, 139 firearms purchased by these straw

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00252 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE June 28, 2012 CONGRESSIONAL RECORD — HOUSE H4411 purchasers were recovered—81 of which were The very next day, nine of these firearms ation Fast and Furious. The affidavit reveals in Mexico. These recoveries occurred one to were recovered during a police stop of a third that the Justice Department has been mis- 49 days after their purchase in Arizona. person in Douglas, Arizona, on the U.S.-Mex- representing important facts to Congress and MARCH 2010 WIRETAP APPLICATION DESCRIBES ico border. Five days later, Straw Purchaser withholding critical details about Fast and HOW SMUGGLERS WERE BRINGING FIREARMS Z bought another 43 firearms from an FFL. Furious from the Committee for months on INTO MEXICO On December 24, 2009, Straw Purchaser Z end. As the primary investigative arm of The wiretap affidavit details that agents bought even more firearms, purchasing 40 Congress, our Committee has a responsi- were well aware that large sums of money AK–47 type rifles from an FFL. All of these bility to demand answers from the Depart- were being used to purchase a large number rifles were recovered on January 13, 2010, in ment and continue the investigation until of firearms, many of which were flowing El Paso, Texas, near the U.S./Mexico border. we get all the facts. across the border. For example, in the span Although the individual found in possession Sincerely, of one month, Straw Purchaser Z bought 241 of all these guns provided the first name of DARRELL ISSA. firearms from just three cooperating FFL,s. the purchaser, agents did not arrest the indi- Chairman. Of those, at least 57 guns were recovered vidual or the purchaser. Mr. ISSA. I now yield 1 minute to the shortly thereafter either in the possession of Though the wiretap application states that gentleman from Oklahoma (Mr. agents were conducting surveillance of others or at crime scenes on both sides of the LANKFORD). border. The wiretap affidavit even shows known straw purchasers, none of these weapons were interdicted. No arrests were made. Mr. LANKFORD. Mr. Speaker, this is that ATF agents knew the tactics the smug- a truly sad day. This is not stunning, MARCH 2010 WIRETAP DETAILS HOW FAST AND glers were using to bring the guns into Mex- as I have heard. This is a deliberative ico. FURIOUS FIREARMS HAD BEEN FOUND AT According to the affidavit: The potential CRIME SCENES IN MEXICO process that we’ve tried to work interceptees conspire with each other and The wiretap affidavit also details the very through. others known to illegally traffic firearms to sort ‘‘time-to-crime’’ for many of the fire- We have a border agent that’s been Mexico. The potential interceptees purchase arms purchased during Fast nd Furious. For killed. We have hundreds of Mexicans firearms in Arizona and transport them to example, on November 6, 2009, November 12, that have been killed. And the finger- Mexico or a location in close proximity of 2009, and November 14, 2009, Straw Purchaser prints on all of that go straight back to the United States/Mexico border. The poten- Y purchased a total of 25 AK–47 type firearms an operation that was done by the Fed- tial interceptees deliver the firearms to indi- from an FFL in Arizona. On November 20, eral Government. This is a moment to vidual(s) both known and unknown who then 2009—just eight days later—Mexican officials get all of the facts, to get it on the transport them into Mexico and/or the po- recovered 17 of these firearms in Naco, So- tential interceptees transport the firearms nora, Mexico. Another straw purchaser, table, find out what happened, and to across the border and deliver them to cus- Straw Purchaser Q, purchased a total of 17 get it done. tomers both known and unknown. AK–47 type firearms from an FFL on Novem- Now, we started with a subpoena The fact that ATF knew that Target 1 had ber 3, 2009, November 10, 2009, and November process, over 22 different categories. acquired 852 firearms and had the present in- 12, 2009. Then, on December 9, 2009, Mexican We narrowed that down to one. How do tent to move them to Mexico should have officials recovered 11 of these firearms in we get the documents from the time of prompted Department officials to act. De- Mexicali, Baja California, Mexico, along with February 4 of last year, when the De- partment officials should have ensured that approximately 421 kilograms of cocaine, 60 the firearms were interdicted immediately partment of Justice told us one thing, kilograms of methamphetamine, 48 addi- and December, when they said, Oops, and that law enforcement took steps to dis- tional firearms, 392 ammunition cartridges, rupt any further straw purchasing and traf- $2 million in U.S. currency, and $800,000 in and changed their story? We found out ficking activities by Target 1. Similarly, by Mexican currency. that they had not told us the truth. way of example, if Criminal Division attor- Once again, although ATF was aware of And in that time period when they neys were reviewing a wiretap affidavit that these facts, no one was arrested, and ATF stalled, stalled, stalled, stalled, we just showed that human trafficking was taking failed to even approach the straw purchasers. want the information on that. How did place for the purpose of forcing humans into Upon learning these details through its re- this occur? slavery, the attorneys should act to make view of this wiretap affidavit, senior Justice This is essential because Phoenix sure such a practice would not continue. Ac- Department officials had a duty to stop this ATF had a plan, Fast and Furious. It cordingly, Target l’s activities should have operation. Further, failure to do so was a provoked an immediate response by the violation of Justice Department policy. was then approved by the U.S. attorney Criminal Division to shut him and his net- STRAW PURCHASERS HAD MEAGER FINANCIAL in that area, and then went up the food work down. MEANS chain to the Department of Justice, MARCH 2010 WIRETAP APPLICATION CONTAINS The affidavit provides details of the straw where it was signed off. This is not ir- DETAILS OF DROPPED SURVEILLANCE purchasers’ financial records. As of March 15, relevant. It is essential that we know The wiretap affidavit also describes fire- 2010, just four straw purchasers had spent the process of how this was done. If arms purchases by individual straw pur- $373,206 in cash on firearms. Yet, these same we’re going to fix this problem, we’ve chasers. For example, Straw Purchaser Y straw purchasers had only minimal earnings got to know the facts. Instead, they’re purchased five AK–47 type firearms on De- in Fiscal Year (FY) 2009. Straw Purchaser Q being withheld. cember 10, 2009, and surveillance units ob- earned $214 per week, while Straw Purchaser Mr. CUMMINGS. I will continue to served Straw Purchaser Y travel from the Y earned only $188 per week. Straw Pur- FFL where he made the purchase to Target reserve the balance of my time. chaser Z earned $9,456.92 during FY 2009, and Mr. ISSA. Mr. Speaker, as a point of l’s residence. The next day, surveillance Straw Purchaser X did not report any in- units observed Straw Purchaser Y purchase come whatsoever. inquiry, do I have the right to close? an additional 21 AK–47 type firearms, and The SPEAKER pro tempore. The gen- within an hour, arrive at Target l’s home. Money spent on tleman from California has the right to On December 8, 2009, agents observed Name firearms by FY 2009 income* 3/15/10 close. Straw Purchaser Z purchase 20 AK–47 type Mr. ISSA. Then I will reserve my firearms. While Straw Purchaser Z was mak- Straw Purchaser Y ...... $128,580 $9,776 right to close. ing this purchase, Z saw a commercial deliv- Straw Purchaser Q ...... 64,929 11,128 Straw Purchaser X ...... 39,663 None reported Mr. CUMMINGS. Does the gentleman ery truck arrive at the gun store with a ship- Straw Purchaser Z ...... 140,034 9,456 have any further requests for time? ment of an additional 20 AK–47 type fire- Total ...... $373,206 Mr. ISSA. No, I do not. arms. Straw Purchaser Z then told FFL em- Mr. CUMMINGS. Mr. Speaker, as the ployees that he wanted to purchase those ad- *Incomes based on weekly incomes detailed in wiretap application. ditional firearms. Later that same day, Democratic leader said, there is no Straw Purchaser Z returned to the FFL to These straw purchasers did not have the fi- doubt that the Constitution gives Con- buy them. After Straw Purchaser Z left the nancial means to spend tens of thousands of gress the right and responsibility to in- FFL with the firearms, Phoenix police offi- dollars each on guns. Yet, ATF allowed them vestigate. But the Constitution also re- cers conducted a vehicle stop on Straw Pur- to continue acquiring firearms without ap- quires something else. It requires Con- proaching them to inquire how they were chaser Z’s vehicle and identified two of the gress and the executive branch to avoid passengers as Straw Purchaser Z and Target able to obtain the funds to do so. ATF also failed to alert the FFLs with this informa- unnecessary conflict and deceit, ac- 1. The officers observed the firearms in the commodations that serve both of their bed of the truck and asked the subjects tion so that they could make more fully in- about the firearms. Straw Purchaser Z told formed decisions as to whether to continue interests. them he had purchased the firearms and they selling to these straw purchasers. In this case, the Attorney General belonged to him. ATF agents continued sur- CONCLUSION has testified nine times. He has pro- veillance until the vehicle arrived at Target The wiretap affidavit reveals a remarkable vided thousands of pages of documents. l’s residence. amount of specific information about Oper- He has provided 13 pages of deliberative

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00253 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H4412 CONGRESSIONAL RECORD — HOUSE June 28, 2012 internal documents, and he is willing clined prosecutions because of failed predecessor’s watch and for a very long to provide even more to me, the recent techniques. time we have not done a good job of demands of Chairman ISSA. All of these were shut down during overseeing the actions of field agents But House Republican leaders are not the Bush administration. President when it comes to guns. honoring their constitutional obliga- Bush can take no credit for it. He But, again, we’re here today, for the tions. In fact, they are running in the didn’t know it. As far as I know, the first time in over 200 years, to deal wrong direction as quickly as possible. Attorney General didn’t know. And with an Attorney General who has flat- It is fundamentally wrong to vote in anyone who saw the record of that out refused to give the information re- favor of this resolution at this time should say: This was wrong-minded. lated to lies and a coverup exclusively when the Attorney General has been But during this administration, during within his jurisdiction. That’s what working with the House in good faith. the time in which the Attorney Gen- we’re voting on. I believe this action will undermine the eral and his key lieutenants, including I urge a ‘‘yes’’ vote on the contempt standing of the House, will cement the Lanny Breuer, were in charge, they re- on behalf of the Terry family. I yield back the balance of my time. Speaker’s legacy, and will be recorded opened the prosecutions from a failed The SPEAKER pro tempore. All time program called Wide Receiver and they by history as a discredit to this insti- for debate on the resolution has ex- opened Fast and Furious. tution. pired. With that, I yield back the balance of Now I’m the second child in a family. MOTION TO REFER my time. I have an older brother. I learned at a Mr. DINGELL. I have a motion at the Mr. ISSA. I yield myself such time as very young age you in fact cannot, desk. when you do something wrong, say: My I may consume. The SPEAKER pro tempore. The Mr. Speaker, there’s been a lot of brother Billy did it. It doesn’t work Clerk will report the motion to refer. talk about the documents that the At- that way. You’re responsible for what The Clerk read as follows: torney General couldn’t give us. These you do wrong, whether it happened be- Mr. Dingell of Michigan moves to refer the documents, documents under seal, fore your watch or not. This happened resolution, H. Res. 711, to the Committee on would be an example of documents that on the Attorney General’s watch. Oversight and Government Reform with in- we should not see, except in camera, But that’s not why we’re here today. structions to: and we’ve taken great care to ensure We’re here because when we asked le- (1) Hold a bipartisan public hearing with that no one outside Members of Con- gitimate questions about Brian Terry’s testimony from Kenneth Melson, the former gress and key staff have ever looked at murder, about Fast and Furious, we Acting Director of the Bureau of Alcohol, were lied to. We were lied to repeatedly Tobacco, Firearms, and Explosives during them. Operation Fast and Furious. But I’ve looked at them, and what I and over a 10-month period. The fact is (2) Hold a bipartisan public hearing with know is that these documents, read by that is what we’re here for. The Amer- testimony from William Hoover, the former any person of ordinary learning, make ican people want to know if you give Acting Deputy Director of the Bureau of Al- it very clear that these wiretap appli- false testimony to Congress. cohol, Tobacco, Firearms, and Explosives cations were read and signed by indi- The minority leader talked about, during Operation Fast and Furious. viduals in the Department of Justice in Why is there such a hurry? Why was (3) Hold a bipartisan public hearing with Washington. And if you read them, you there a 10-month delay? I was sworn in testimony from former Attorney General Mi- chael Mukasey, who, according to documents knew they were gunwalking. People just a few days before this investigation began, and now we’re nearing an produced to the committee, was informed will tell you differently. I give you my during his tenure that, although efforts to word: You read this, you know they election. We don’t want to have this coordinate firearm interdictions with Mexi- were letting guns go to Mexico. They during an election. We want to have can law enforcement officials in 2007 ‘‘have knew who the buyers were, who the resolution for the Terry family. not been successful’’, the ‘‘ATF would like to intermediaries were, who the recipients The important thing is, we know expand’’ such efforts. were, and, most importantly, where enough to know that we have people (4) Conduct a bipartisan transcribed inter- they ended up. And there are reports in who have told us under penalty of view of Alice Fisher, who served as the As- criminal prosecution—they have told sistant Attorney General for the Criminal here, as part of the evidence given to Division of the Department of Justice from judges in order to get wiretaps—there Congress and their employees certain documents exist. And we’ve asked for 2005 to 2008, about her role in authorizing is evidence that they knew that, in wiretaps in Operation Wide Receiver. fact, weapons had already ended up in those documents. And we’ve been de- (5) Conduct a bipartisan transcribed inter- Mexico. nied them. We can’t bring Kenneth view of Kenneth Blanco, who serves as Dep- That’s before Brian Terry was killed. Melson back in in good faith and say, uty Assistant Attorney General at the De- That’s how Fast and Furious could Well, we’ve got to get them in front of partment of Justice and also authorized have been stopped. That’s how people our committee, if in fact there’s docu- wiretaps in Operation Fast and Furious. ments he says exist. And they do, and (6) Take such further actions as the com- could have been warned. In fact, that’s mittee, with full bipartisan consultation, at a time in which ATF agents in Mex- they will not be given to us. We want to have those so we can ask the best deems appropriate to assure a thorough and ico City, if they punched in the serial vigorous investigation of this matter. number of a weapon found there, they questions. You’ve heard earlier that in fact The SPEAKER pro tempore. Pursu- got an erroneous, an error. They did ant to House Resolution 708, the gen- not get meaningful information be- we’ve denied somehow due process to the minority. My ranking member is tleman from Michigan (Mr. DINGELL) cause that was being blocked—not by and a Member opposed each will con- ATF, per se, but by the Department of very capable, and has asked for minority days; in other words, hearings ex- trol 5 minutes. Justice under the auspices of the U.S. The Chair recognizes the gentleman clusively for him. He chose not to do it. attorney and his bosses. from Michigan. When we were having the local ATF b 1550 Mr. DINGELL. I yield myself 4 min- and other individuals in early on, all of utes. Now you’re going to hear that this whom worked for this government, he (Mr. DINGELL asked and was given began under President Bush and Attor- didn’t even ask for any. It wasn’t until permission to revise and extend his re- ney General Mukasey. I’m going to tell we asked to have the Attorney General marks.) you that’s just false. What happened in come in, based on these false state- Mr. DINGELL. I rise to offer this mo- previous administrations with some of ments and final retraction, that he tion to refer so that this investigation the same local ATF agents was they suddenly wanted a previous Attorney can focus on the real issues at hand exercised extremely bad judgment. General, who happened to say, No, I and to get the facts. They did things and pushed on pro- don’t want to come. So on that par- I begin by expressing my respect and grams that I believe were poorly con- ticular day we would have had to sub- affection for the chairman of the com- ceived and poorly manned and as a re- poena him to get him in. I have no ob- mittee, Mr. ISSA. I want to see a proper sult they lost track of weapons repeat- jection to having the former Attorney investigation and the facts gotten edly. That happened. And it was wrong. General in. I believe that on his watch about serious misbehavior and utter in- The U.S. attorney at the time even de- and his predecessor’s watch and his competence at the Bureau of Alcohol,

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00254 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE June 28, 2012 CONGRESSIONAL RECORD — HOUSE H4413 Tobacco, and Firearms and Explosives, the American people deserve, a legiti- quested, including the former Director called the ATF. This is a tragedy. mate inquiry based on the facts. of ATF during the time of this oper- I have had the entirety of the motion It seems to me there’s a simple way ation, are called for a full, open public read so that we can understand what a to resolve this dispute. First, adopt the hearing to ensure that the American real investigation is. I didn’t roll off resolution. Then see to it that the At- people get the whole story. the cabbage wagon yesterday, Mr. torney General produces the docu- I’m not here solely representing the Speaker. I chaired committees for over ments that are currently at issue, and interests of the Terry family. I’m here 20 or 30 years, and I have conducted I will actively support the gentleman representing the interests of the whole more investigations than any man in and see to it that those facts and docu- country and all of the 800,000 people this particular body. It is clear that ments are presented. that I serve in the 15th District of the events here were characterized by Second, the House Republicans Michigan. dishonest, evasive, and deceitful activi- should give a good-faith commitment As I’ve said on a number of occasions ties on the part of ATF personnel. to work towards resolving the con- in the last year, Congress has two I want to find out what has happened. tempt fight. If the documents in fact choices in their decisionmaking: we This is not the first time I’ve crossed are consistent with the Attorney Gen- can work together and get something swords with ATF and this is not the eral’s testimony that he never author- done, or we can play political football. first time I have found them engaged in ized or approved or knew about I choose to get something done, which shameful, illegal, and improper behav- gunwalking, then I think we should is why I have offered a resolution. And ior. In one instance, I caught them consider the matter of contempt re- if you have listened to what I had read raiding the home of an individual. solved. by the Clerk, you will observe that it They shot him in the brain and they The SPEAKER pro tempore. The says we want a full, thorough, bipar- pitched his wife, in her underpants, out time of the gentleman has expired. tisan investigation. That’s the way the into the hall. Mr. DINGELL. I reserve the balance matter should be done. And Members Operation Fast and Furious was a of my time. on this side will support the findings of highly irresponsible operation that Mr. ISSA. Mr. Speaker, I claim time that investigation if the chairman of never should have occurred. People on in opposition. that committee will permit this kind both sides of this aisle agree to that. The SPEAKER pro tempore. The gen- of undertaking to be begun. The American people want the answers tleman from California is recognized I would observe this very interesting and they deserve to have a proper, for 5 minutes. fact. The contempt resolution is going thorough, and bipartisan investigation Mr. ISSA. Mr. Speaker, I yield myself to give the same instructions to the that gets them the truth. My con- 1 minute. same fellow who is under contempt. He stituent Brian Terry wants the truth I respect the gentleman from Michi- will simply put it in his pocket, and we from the grave, and his families asks gan, the dean of the House, but you’re will find that this body has been weak- that we get the truth. With God as my just wrong. There were plenty of oppor- ened in its dealings with the executive judge, they deserve it, and they shall tunities for the minority to ask for branch. I yield back the balance of my time. have it if I can get it for them. witnesses. They chose not to except at one hearing, and then they wanted the Mr. ISSA. Mr. Speaker, I now yield I have shared scores of investigations all remaining time to the gentleman and hearings over 50 years on wrong- former Attorney General. They did not avail themselves of the procedures al- from South Carolina (Mr. GOWDY), an doing which have collected hundreds of experienced prosecutor, to close. millions of dollars wrongfully taken lowing them to have a hearing even though they know how to do it and The SPEAKER pro tempore. The gen- from our people and have caught more tleman from South Carolina is recog- than a few serious wrongdoers, who have done it. But more importantly, when you say nized for 4 minutes. have paid proper penalties for their Mr. GOWDY. Mr. Speaker, I thank wrongdoing. you represent Brian Terry, you do not. The Terry family issued this state- the chairman. These investigations were always bi- This is a sad day, Mr. Speaker, for ment, referring to Congressman DIN- partisan, with both sides of the aisle those of us who respect the rule of law GELL: actively participating and fully in- as the foundation of this Republic, for formed. The actions of the committee His views don’t represent those of the those of us who proudly worked for the were unanimously conducted and sup- Terry family. Nor does he speak to the Terry family. And he has never spoken to the Department of Justice, for those of us ported by Members on both sides of the Terry family. who believe the same rules apply to ev- aisle. What we see before us does not Secondly: eryone regardless of whether they live follow that model, and it brings no re- simple lives of peace and quiet or spect to this body. As someone who His office sent us a condolence letter when Brian was buried 18 months ago. That’s the whether they live and work in the tow- holds the institution here in the high- last time we heard from him. ers of power, prestige, and authority. est regard, I find this to be most trou- The same rules apply to everyone. It is Third: bling. the greatness of this country, Mr. Instead of going after the real an- A year ago, after the Oversight and Gov- Speaker. It is the greatness, the ele- ernment Reform Committee began its work, swers and getting the facts about what one of Brian’s sisters called Representative gance, the simplicity of a woman who happened at ATF, the majority of the DINGELL’s office seeking help and answers. is blindfolded holding nothing but a set committee has engaged in what ap- No one from his office called back. of scales and a sword. pears to be a partisan political witch Lastly: The chief law enforcement official for this country is on the eve of being held hunt, with the Attorney General as its If Rep. Dingell truly wants to support the target. Over the 16-month investiga- Terry family and honor Brian Terry, a son of in contempt of Congress because he re- tion, Democrats were not permitted to Michigan, he and other Members of Congress fuses to follow the law. He refuses to call a single witness to testify. So will call for the Attorney General to imme- allow Congress to find the truth, the much for bipartisanship. The American diately provide the documents requested by whole truth. For those of you who want people deserve better than this, Mr. the House Oversight and Government Re- a negotiation, a compromise, an ex- Speaker. They deserve a legitimate inform Committee. traordinary accommodation, to use the quiry based on facts which all Members I reserve the balance of my time. Attorney General’s words, for those of of this body can support. Mr. DINGELL. I yield myself the bal- you who want to plea bargain, my ance of my time. question to you is simply this: Will you b 1600 Well, I was aware of this. I have com- settle for 75 percent of the truth? Is 50 This is not a Second Amendment municated with the family my sorrow percent of the truth enough for you? Is question. I have defended the Second at their loss, and my office is setting a third? Or do you want it all? Because Amendment more than any Member of up a meeting with the Terry family as if you want all the truth, then you this body, and I am a past member of soon as I can get back to Michigan. want all the documents. the board of directors of NRA and a life My motion here would ensure that If you’ve ever sat down, Mr. Speaker, member of that body. We deserve, and the witnesses the minority has re- with the parents who have lost a child

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00255 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H4414 CONGRESSIONAL RECORD — HOUSE June 28, 2012 who has been murdered—and some of the public to get to the bottom of what hap- than to withhold information and attempt to my colleagues on both sides of the aisle pened. thwart the investigation. have been there—it is a humbling, emo- Mr. YOUNG of Alaska. Mr. Speaker, I’ve The power of Congress to investigate and tional, life-altering experience. All been very disturbed to hear today that it’s in- conduct oversight of federal agencies has they want is the truth. They want an- appropriate for the National Rifle Association been well established throughout our history. swers. They want justice, and they to take a position on this resolution. The late claim of Executive Privilege made don’t want part of it. They want all of It should be clear to everyone that as a here, on the other hand, is not consistent with it. And I will not compromise, Mr. long-time NRA board member, I take a back precedent or previous court rulings. One can Speaker, when it comes to finding the seat to no one on Second Amendment issues. only conclude that the Attorney General, per- truth. On this resolution, I can tell you that it is en- haps on the instruction of the President, is try- Congress is right to pursue this no tirely appropriate for the NRA to take a posi- ing to prevent Congress and the American matter where it takes us. No matter tion. people from learning the truth. which administration was in power and We are here today because Congress has Mr. HOLT. Mr. Speaker, the resolution be- no matter what the facts are, we are a duty to hold our government accountable. fore us today is an illegitimate, politically moti- right to pursue this. And we are wrong We have a duty to ensure those in charge vated smear campaign. if we settle for anything less than all protect the public and the Constitution. Con- Never in the history of the House has a U.S. the facts. gress was misled when Administration officials Attorney General been held in contempt. What To my colleagues who are voting initially briefed the appropriate Congressional makes this resolution particularly outrageous ‘‘no,’’ Mr. Speaker, let me ask this: committees. The U.S. Attorney General’s of- is that there is absolutely no basis for it. Can you tell me, can you tell the fice denied knowledge of a gun walking oper- The Attorney General has testified repeat- American people why the Department ation after whistleblowers reported troubling al- edly about Operation Fast & Furious. The Jus- of Justice approved this lethal, fatally legations. However, they later admitted certain tice Department has turned over thousands of flawed operation? officials with the Attorney General’s office did pages of relevant records about this incident. To those of you who are voting ‘‘no,’’ have knowledge at the time Congress initially None of that matters to the majority. Neither can you tell the American people how reviewed allegations of gun walking. does the fact that these kinds of operations the tactic of gunwalking was sanc- I am deeply troubled by reports the ATF were undertaken by the Bush administration. tioned? forced law abiding gun dealers to do some- And the majority does not want the public to To those of you who are voting ‘‘no,’’ thing they knew was wrong—to sell guns to in- know that not a single witness was allowed to can you tell Brian Terry’s family and dividuals they normally would not sell to. The testify before the House Oversight & Govern- friends how a demonstrably false letter Administration designed this outrageous pro- ment Reform Committee about past ‘‘gun was written on Department of Justice gram to reportedly reduce gun violence along walking’’ episodes in the Bush administration. letterhead on February 4, and where our SW border. And an innocent American That’s why this resolution and the Oversight Committee’s ‘‘hearings’’ into Fast & Furious would we be if we accepted that letter Border Patrol agent paid the ultimate price for are not about ‘‘gun walking’’—they are about at face value? A letter written on De- this ill-conceived plan. partment of Justice letterhead, that is There are those who believe that there were election year politics. Rather than dealing with the substantive not just another political Cabinet ulterior motives at play. We already know issue of illegal guns and how to reduce violent agency. It is emblematic of what we about at least three e-mails from ATF officials gun-related crime, today we have a political stand for as a country—truth, justice, discussing how they could use information stunt that does nothing to solve the problem the equal application of law to every- from ‘‘Fast and Furious’’ to make the case for that cost the life of a federal agent. Mr. Speak- one. That letter was written on Amer- a new gun control proposal—the Obama ad- er, the public see this for what it is: a politi- ica’s stationery. That is what the De- ministration’s proposal to impose a new—and, cally motivated legislative lynching—and those partment of Justice is, and it was dead I believe, illegal—reporting requirement on who support this illegitimate resolution will wrong. And where would we be if we dealers who sell multiple long guns to individ- have to answer for it to the voters. took their word for it? uals in the southwest border states. The ad- Ms. RICHARDSON. Mr. Speaker, I rise in Our fellow citizens have a right to ministration has defended that rule in court, strong and unyielding opposition to resolution know the truth, and we have an obliga- and by their logic there’s no reason it couldn’t recommending that the House find Attorney tion to fight for it, Mr. Speaker, the be expanded to all guns in all states. General Eric Holder in contempt of Congress. politics be damned. We have a right to That would be a system of national gun reg- This unprecedented resolution, which was fight for it. istration. And that makes this a Second passed out of committee on a party-line vote, I wish the Attorney General would Amendment issue. is nothing more than an attempt by the major- give us the documents. I would rather We as elected lawmakers must have all rel- ity Republican leadership to divert attention have the documents than have this evant facts to hold whoever approved Oper- from its failure to address the real challenges vote on contempt of Congress. But we ation Fast and the Furious accountable. I facing our country. cannot force him to do the right thing, stand with my colleagues here today who be- The hard working and hard pressed people and that does not relieve us of the relieve that the Oversight Committee has been of the 37th Congressional District of California sponsibility for us to do the right denied all relevant evidence on who approved did not send me here to waste precious floor thing. Even if the heavens may fall, this terrible operation. The Oversight Commit- time debating this frivolous and partisan reso- Mr. Speaker, I want the truth. I want tee’s investigation has been thorough. The lution. They want us to work together to create all of it. We should never settle for less committee has followed the evidence in pur- jobs for the unemployed, make education af- than all of it, and we have to start suit of the truth, not in pursuit of a political fordable, health care available, and protect the today. agenda. What brings us here today is the fact social safety net of Medicare, Social Security, Mr. BRALEY of Iowa. Mr. Speaker, I op- that this effort has been stonewalled by this Medicaid, and assistance programs to vulner- posed the contempt of Congress resolution Justice Department and this White House. The able families. today because I don’t want political games or American people deserve to know the truth. I oppose the resolution before us for several partisan politics to stand in the way of a seri- The family of Border Patrol agent Brian Terry reasons: ous effort to find the truth. deserves to know the truth. Members of Con- 1. The resolution relates to a document re- The best place to resolve this dispute isn’t gress deserve to know the truth. Today’s vote quest involving allegations of ‘‘gunwalkng’’ in on the floor of the House in an election year, will bring us one step closer to learning the an ATF operation known as ‘‘Operation Fast but in a federal court where both sides can truth. and Furious,’’ but the documents now involved present their cases and the debate won’t turn Mr. THORNBERRY. Mr. Speaker, it is unfor- are completely unrelated to how ‘‘gunwalking’’ into a political circus. tunate that the House must vote on whether to was utilized in the operation. I’ve been disappointed by the failure of both hold the Attorney General in contempt for re- 2. Over the past year, the Justice Depart- House Republicans and the Justice Depart- fusing to produce documents in his Depart- ment provided thousands of pages of respon- ment to find a practical way to get the Amer- ment. The underlying facts are disturbing and sive documents to the Oversight and Govern- ican people the full details of this tragedy with- tragic, leading to the death of a Border Patrol ment Reform Committee and has made doz- out compromising existing court orders and officer and several hundred people in Mexico. ens of officials available for interviews and other national security concerns. An American The Attorney General should work with Con- hearings, and the Attorney General has testi- was murdered and we owe it to his family and gress to understand what went wrong rather fied before Congress nine times on this topic.

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00256 Fmt 4634 Sfmt 9920 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE June 28, 2012 CONGRESSIONAL RECORD — HOUSE H4415 3. The Committee’s investigation identified 16 month so-called investigation. This has A contempt citation should be an act of last no evidence that the Attorney General or sen- been a credible process. resort, after lengthy preliminary procedures, ior Department officials were aware of As soon as Attorney General Holder learned negotiations, gathering of evidence through gunwalking in Fast and Furious. To the con- about ‘‘gun walking’’, he immediately halted it other methods, appeals to potential trary, as soon as the Attorney General be- and ordered an IG investigation. intercessors and intermediaries. came aware of the tactic, he put a halt to it, In closing Mr. Speaker, I think the worst part Contempt Citations have been extraor- ordered an IG investigation, and instituted in- is that the tragic death of a U.S. Border Patrol dinarily rare which is evidenced by the fact ternal reform measures. agent is being politicized and used as a way that the House has declared just four people 4. The House of Representatives has never to score cheap political points. This is espe- in contempt over the last three decades. For held an Attorney General in contempt. The cially disappointing to me. As a former Border these reasons and more we request that you only precedent cited in the Issa contempt res- Patrol Agent and Sector Chief with 261⁄2 years elect not to bring the Contempt Citation to the olution is a committee contempt vote that took of law enforcement experience on the U.S.- Floor this Thursday. place in the 1990’s against former Attorney Mexico Border, I expect that this body show Mr. Speaker, I delivered a letter to you that General Janet Reno. That action was so wide- more respect and more focus. was signed by 65 Members of this body stat- ly discredited that Speaker Gingrich chose not Instead of using this tragedy as a political ing the same, that this destructive piece of to bring it to the floor for a vote. ploy, this body needs to see this as a learning legislation should not be brought to the Floor 5. During this investigation, the Committee opportunity and a wake-up call. We must take today. It appears that this is nothing more than refused every Democratic request for a hear- action and provide ATF with the needed re- destructive election-year politics pure and sim- ing witness, including the head of ATF—the sources and tools it needs to tackle the issue ple. It is Republicans following through on agency that actually ran the operation. This is of gun trafficking. I hope that this Congress is their threats to use their authority to try to not the way to conduct an oversight investiga- able to move on to enact the critical reforms damage this Administration, politically, and this tion unless you are interested in partisan polit- needed to more effectively combat this Attorney General, specifically, who has placed ical ploys instead of learning the facts. threat—-and I will gladly work with my col- an emphasis on enforcing civil rights, voting Mr. Speaker, I must say that am offended leagues on both sides of the aisle on that par- rights and defending our justice system and that Attorney General Holder, a man of unim- ticular effort. the rule of law. Ms. JACKSON LEE of Texas. Mr. Speaker, peachable integrity and one who has served This kind of divisive politics hurts Americans I rise today to oppose H. Res 708, ‘‘Resolution this nation with distinction for many years, has who want their leaders focused on fixing real recommending that the House of Representa- been subjected to such demeaning treatment problems they face every day and hurts law tives find Eric H. Holder, Jr., Attorney General, by some in the majority. Even though Attorney enforcement agents who are putting their lives U.S. Department of Justice, in contempt of General Holder has been forthright and forth- at risk in ongoing investigations that could be Congress for refusal to comply with a sub- coming, some in this body accuse him of a compromised by the Committee’s political fish- poena duly issued by the Committee on Over- cover-up or claim he has been obstructive. He ing expedition. sight and Government Reform.’’ has even been called a ‘‘liar’’ on national tele- Holding a sitting Attorney General in con- Congress has the answers to its questions vision. These unfounded charges are beyond tempt would be unprecedented. In our Na- about who designed this flawed operation and the pale and reflect more on those who have tion’s history the House of Representatives who authorized it—they just don’t like it so uttered them that they do our Attorney Gen- has never held a sitting Attorney General in they have ignored the evidence they received eral, the honorable Eric Holder. contempt of Congress. last year which shows this was a tactic that I oppose this politically inspired resolution In 1998, the then Chair of the House Over- was designed and employed in the field and it and urge my colleagues to join me. sight Committee led a vote to hold then Attor- dates back to the previous Administration. Mr. REYES. Mr. Speaker, I rise today to ex- ney General Janet Reno in contempt of Con- This Attorney General is the one who put a press my opposition to the majority’s decision gress. stop to the tactic, called for an independent in- to force a contempt vote on the floor. I want Attorney General Reno was also accused of vestigation and instituted reforms and per- to mention the following points for the record. withholding documents; however, the then sonnel changes to ensure it doesn’t happen There is no evidence that the attorney gen- Speaker of the House Newt Gingrich elected again. eral authorized, condones, or knew about not to bring the Contempt Citation to the Floor. The Department has made extraordinary ef- ‘‘gun walking.’’ Chairman DARRELL ISSA admit- Attorney General Reno and House leadership forts to accommodate Congress by turning ted this yesterday before the Rules Com- were able to resolve their difference without over almost 8,000 documents—including all mittee. holding our Nation’s highest law enforcement the documents that relate to the tactics in this There is no evidence that the attorney gen- officer in contempt. Today’s conflict can also flawed investigation and the other flawed in- eral lied to Congress or engaged in a cover- be resolved without holding Attorney General vestigations that occurred in Arizona in the up. Chairman ISSA also admitted this yester- Holder in contempt. previous administration. day. I firmly believe and I am joined by at least The Department has even turned over inter- There is no evidence that the White House 65 other colleagues who believe that the Attor- nal deliberative material to answer the Com- had anything to do with ‘‘gun walking’’ oper- ney General is acting in good faith based mittee’s questions and the AG offered to pro- ations. Chairman ISSA admitted this on Fox upon his actions over the course of the past vide additional deliberative documentation to News on Sunday. 15 months. resolve the subpoena, but the Committee re- Democrats wanted a real investigation, but The Attorney General has testified before jected that offer. Chairman ISSA refused TEN different requests Congress no less than nine times in the last The documents at issue now are after-the- from Democrats for a hearing with Ken 15 months and has made himself available for fact—they have nothing to do with the flawed Melson, the former Director of ATF—the agen- meetings with Members of Congress. Further, tactics in any of the investigations dating back cy in charge. the Department of Justice has cooperated with to the Bush Administration or who designed, Chairman ISSA said this yesterday about Congressional inquiries into this matter and is approved or employed them. ‘‘gun walking’’ operations under the Bush Ad- willing to continue to engage in discussions The resolution relates to a document re- ministration: ‘‘They were all flops. They were with Congressional leadership and others. quest involving allegations of ‘‘gunwalking’’ in all failures.’’ Yet, he has refused all Demo- As of today, the Attorney General has pro- an ATF operation known as ‘‘Operation Fast cratic requests to interview Bush Administra- duced more than 7,600 pages of documents and Furious,’’ which came to light when two tion officials about their rules. as part of 47 separate productions, including weapons involved in the operation were recov- Despite finding no evidence that Attorney sensitive law enforcement materials related to ered at the murder scene of Border Patrol General Holder knew about ‘‘gun walking’’, the the pending prosecution of the defendants in Agent Brian Terry. Committee has obtained documentary evi- the underlying Fast and Furious case. However, the documents now at issue are dence showing that former Attorney General Attorney General Holder has consistently completely unrelated to how ‘‘gunwalking’’ Mukasey was personally briefed on botched expressed his willingness to find a resolution there is a question about whether gun-waling interdiction efforts during the Bush Administra- to the issues surrounding the narrow list of existed was utilized in the operation. Over the tion and he was told that they would be ex- documents for which he is being cited. past year, the Justice Department has pro- panded during his tenure. Chairman ISSA has Holding the Nation’s top law-enforcement of- vided thousands of pages of documents to the refused to call on Mukasey for a hearing. ficer in contempt of Congress would be a Oversight and Government Reform Committee Republicans have not granted a single drastic, disproportionate action on the part of and has made dozens of officials available for Democratic witness request during the entire this body. interviews and hearings, and the Attorney

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00257 Fmt 4634 Sfmt 9920 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H4416 CONGRESSIONAL RECORD — HOUSE June 28, 2012 General has testified before Congress nine the majority party. The only reason this un- The question was taken; and the times on this topic. The evidence dem- precedented attack is taking place on the Speaker pro tempore announced that onstrated that Fast and Furious was in fact the House floor today, against our country’s first the noes appeared to have it. fourth in a series of gunwalking operations run African American Attorney General, is be- Mr. DINGELL. Mr. Speaker, on that I out of the ATF field division in Phoenix over a cause the Tea Party Republican majority is demand the yeas and nays. span of five years beginning in 2006 during pandering to birthers, NRA members and The yeas and nays were ordered. the Bush Administration. other extremist obsessed with defeating Presi- The SPEAKER pro tempore. Pursu- The investigation identified no evidence that dent Obama. ant to clause 9 of rule XX and House the Attorney General or senior Department of- Attorney General Eric Holder has my full Resolution 708, this 15-minute vote on ficials were aware of gunwalking in Fast and support and I reject this transparent political the motion to refer will be followed by Furious. To the contrary, as soon as the Attor- abuse of power. 5-minute votes on a motion to recom- ney General became aware of the tactic, he I am strongly opposed to the House Repub- mit, if offered; adoption of the resolu- put a halt to it, ordered an IG investigation, lican resolution to hold Attorney General Eric tion, if ordered; motion to suspend on and instituted internal reform measures. Holder in contempt of Congress for failing to H.R. 1447, if ordered; and motion to sus- The House of Representatives has never turn over documents pertaining to sensitive pend on H.R. 3173, if ordered. held an Attorney General in contempt. The and on-going law enforcement activities to the The vote was taken by electronic de- only precedent cited in the Issa contempt res- House Oversight and Government Reform vice, and there were—yeas 172, nays olution is a committee contempt vote that took Committee. 251, not voting 9, as follows: place in the 1990’s held by then-Chairman The committee request is for documents re- [Roll No. 440] Dan Burton against former Attorney General lated to Operation Fast and Furious, con- YEAS—172 Janet Reno. That action became so widely ducted by the Bureau of Alcohol, Tobacco, Ackerman Frank (MA) Olver discredited that Speaker Gingrich chose not to Firearms, and Explosives (ATF), which al- Andrews Fudge Pallone bring it to the Floor for a vote. lowed the straw purchase of firearms in pur- Baca Garamendi Pascrell The current contempt debate no longer fo- suit of prosecutions of gun smugglers. Two of Baldwin Gonzalez Pastor (AZ) cuses on any documents relating to how the illegally purchased AK–47 assault weap- Barber Green, Al Pelosi Bass (CA) Green, Gene Perlmutter gunwalking was initiated and utilized in Oper- ons were found at the scene of a gun battle Becerra Grijalva Peters ation Fast and Furious. Since Republicans that resulted in the killing of U.S. Border Patrol Berkley Gutierrez Pingree (ME) could identify no wrongdoing by the Attorney agent Brian Terry on December 15, 2010. In Berman Hahn Polis Bishop (GA) Hanabusa Price (NC) General, the Committee shifted just last week his effort to cooperate with Chairman DARRELL Bishop (NY) Hastings (FL) Quigley to focus exclusively on a single letter sent by SSA Blumenauer Heinrich I , Attorney General Holder has provided Rangel Bonamici Higgins the Department’s Office of Legislative Affairs the Oversight Committee with more than 7,600 Reyes Boswell Himes HARLES RASSLEY Richardson to Senator C G on February 4, pages of documents and participated in nine Brady (PA) Hinchey 2011, initially denying allegations of congressional hearings. Braley (IA) Hinojosa Richmond gunwalking. The Department has already ac- In 2006, under the Bush Administration, the Brown (FL) Hirono Rothman (NJ) Roybal-Allard knowledged that its letter was inaccurate, has ATF’s Arizona office used the tactic of ‘‘gun Butterfield Holden Capps Holt Ruppersberger withdrawn the letter, and has provided the walking’’ to allow guns to remain on the street Capuano Honda Rush Committee with more than 1,300 pages of after a potentially illegal sale to build a bigger Carnahan Hoyer Sa´ nchez, Linda documents relating to how it was drafted. case rather than interdicting them immediately. Carney Israel T. These documents show that Department Carson (IN) Jackson Lee Sanchez, Loretta President Bush’s attorney general, Michael Castor (FL) (TX) Sarbanes staffers who drafted the letter did not inten- Mukasey, received a briefing paper on No- Chu Johnson (GA) Schakowsky tionally mislead Congress, but instead relied vember 16, 2007 on ATF cooperation with Cicilline Kaptur Schiff on inaccurate assurances from ATF leaders Mexico on ‘‘controlled deliveries’’ of weapons Clarke (MI) Keating Schrader and officials in Arizona who ran the operation. Clarke (NY) Kildee Schwartz smuggling. The House Oversight Committee Clay Kind Scott (VA) Despite these good faith efforts, House Re- has failed to call any Bush Administration offi- Cleaver Kucinich Scott, David publicans chose to move forward with a con- cials to testify on this matter. Clyburn Langevin Serrano tempt resolution anyway. This week, in Politico, a senior Republican Cohen Larsen (WA) Sewell Connolly (VA) Larson (CT) Moving the goalposts again, the Committee House aide is quoted as saying, ‘‘The con- Sherman Conyers Lee (CA) Shuler is now demanding additional internal delibera- tempt of Holder is a dog whistle to the right- Cooper Levin Sires tive documents created even after the Grass- wing tea party community, saying that we are Costa Lewis (GA) Slaughter Costello Lipinski Smith (WA) ley letter was sent. The Attorney General of- representing them . . . this is a way to say Courtney Loebsack Speier fered to provide them last week in exchange we’re going after this administration, holding Critz Lofgren, Zoe Stark Crowley Lowey for a good faith commitment to move toward them accountable.’’ Sutton Cuellar Luja´ n resolution of the contempt fight, but Chairman Further proof of the blatantly political nature Thompson (CA) Cummings Lynch Issa flatly refused. When it became clear that of the Holder contempt vote is the decision by Davis (CA) Maloney Thompson (MS) contempt was inevitable, the Administration the National Rifle Association (NRA) to Davis (IL) Markey Tierney asserted executive privilege over this narrow ‘‘score’’ the vote as part of their legislative re- DeFazio Matsui Tonko DeGette McCarthy (NY) Towns category of deliberative Department docu- port card to their membership. The NRA has DeLauro McCollum Tsongas ments, while indicating at the same time that long championed allowing the proliferation of Deutch McDermott Van Hollen it remains willing to continue negotiations. assault weapons previously banned on Amer- Dicks McGovern Vela´ zquez The Issa contempt resolution is nothing ican streets and sold over the counter, like the Dingell McNerney Visclosky Doggett Meeks Wasserman more than a politically motivated, election-year AK–47s found at Agent Terry’s murder scene. Doyle Michaud Schultz ploy. During this investigation, the Committee This entire episode is a stain on the reputa- Edwards Miller (NC) Waters refused every Democratic request for a hear- tion of this Republican led House of Rep- Ellison Miller, George Watt ing witness, including the head of ATF—the resentatives. It is appalling to know that the Engel Moore Waxman Eshoo Moran Welch agency that actually ran the operation. politics of personal destruction is the top policy Farr Murphy (CT) Wilson (FL) Chairman ISSA has acknowledged that ‘‘we priority of this Tea Party controlled House. Fattah Nadler Woolsey do go down blind alleys regularly’’ and has Again, I want to state my strong support for Filner Neal Yarmuth made numerous unfounded claims, including Attorney General Holder and the Obama Ad- NAYS—251 accusing the FBI agents of concealing a ‘‘third ministration’s efforts to cooperate with this on- Adams Bartlett Boren gun’’ from the scene of Agent Terry’s mur- going congressional investigation. Aderholt Barton (TX) Boustany der—a claim that the FBI quickly dem- The SPEAKER pro tempore. All time Akin Bass (NH) Brady (TX) for debate on the motion to refer has Alexander Benishek Brooks onstrated to be completely unfounded. Altmire Berg Broun (GA) Ms. MCCOLLUM. Mr. Speaker, today the expired. Amash Biggert Buchanan House is voting on a Republican-Tea Party Pursuant to House Resolution 708, Amodei Bilbray Bucshon witch hunt intended to destroy an honorable the previous question is ordered on the Austria Bilirakis Buerkle Bachmann Black Burgess man’s character. This resolution of contempt motion to refer. Bachus Blackburn Burton (IN) targeting Attorney General Eric Holder is a The question is on the motion to Barletta Bonner Calvert shameful and shameless abuse of power by refer. Barrow Bono Mack Camp

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00258 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE June 28, 2012 CONGRESSIONAL RECORD — HOUSE H4417 Campbell Huizenga (MI) Pompeo The question was taken; and the Thornberry Walsh (IL) Wolf Canseco Hultgren Posey Speaker pro tempore announced that Tiberi Walz (MN) Womack Cantor Hunter Price (GA) Tipton Webster Woodall Capito Hurt Quayle the ayes appeared to have it. Turner (NY) West Yoder Carter Issa Rahall Turner (OH) Westmoreland RECORDED VOTE Young (AK) Cassidy Jenkins Reed Upton Whitfield Young (FL) Chabot Johnson (IL) Rehberg Mr. GRIMM. Mr. Speaker, I demand a Walberg Wilson (SC) Young (IN) Chaffetz Johnson (OH) Reichert recorded vote. Walden Wittman Chandler Johnson, Sam Renacci Coble Jones Ribble A recorded vote was ordered. NOES—67 Coffman (CO) Jordan Rigell The SPEAKER pro tempore. This is a Baldwin Green, Gene Perlmutter Cole Kelly Rivera 5-minute vote. Barber Heinrich Quigley Conaway King (IA) Roby Berkley Higgins Rigell Cravaack King (NY) Roe (TN) The vote was taken by electronic de- Berman Himes Rothman (NJ) Crawford Kingston Rogers (AL) vice, and there were—ayes 255, noes 67, Crenshaw Kinzinger (IL) Bishop (NY) Hirono Ryan (OH) Rogers (KY) Culberson Kissell answered ‘‘present’’ 1, not voting 109, Blumenauer Holden Rogers (MI) Sanchez, Loretta Davis (KY) Kline Bonamici Holt Rohrabacher as follows: Schrader Denham Labrador Braley (IA) Langevin Schwartz Rokita [Roll No. 441] Capps Larsen (WA) Dent Lamborn Sherman Rooney Cohen LaTourette DesJarlais Lance AYES—255 Shuler Diaz-Balart Landry Ros-Lehtinen Connolly (VA) Loebsack Roskam Adams Foxx McIntyre Cooper Lofgren, Zoe Slaughter Dold Lankford Smith (WA) Donnelly (IN) Ross (AR) Aderholt Franks (AZ) McKeon Costello Luja´ n Latham Speier Dreier LaTourette Ross (FL) Akin Frelinghuysen McKinley Courtney Lynch Sutton Duffy Latta Royce Alexander Gallegly McMorris Cuellar McDermott Thompson (CA) Duncan (SC) LoBiondo Runyan Altmire Gardner Rodgers DeFazio McNerney Tierney Duncan (TN) Long Ryan (WI) Amash Garrett Meehan DeLauro Michaud Ellmers Lucas Scalise Amodei Gerlach Mica Deutch Miller (NC) Tsongas Emerson Luetkemeyer Schilling Austria Gibbs Miller (FL) Dicks Miller, George Visclosky Farenthold Lummis Schmidt Bachmann Gibson Miller (MI) Dingell Moran Wasserman Fincher Lungren, Daniel Schock Bachus Gingrey (GA) Miller, Gary Doggett Murphy (CT) Schultz Fitzpatrick E. Schweikert Barletta Gohmert Mulvaney Eshoo Nadler Waxman Flake Mack Scott (SC) Barrow Goodlatte Murphy (PA) Farr Pastor (AZ) Welch Fleischmann Manzullo Scott, Austin Bartlett Gosar Myrick Fleming Marchant Sensenbrenner Barton (TX) Gowdy Neugebauer ANSWERED ‘‘PRESENT’’—1 Flores Marino Sessions Bass (NH) Granger Noem Lipinski Forbes Matheson Shimkus Benishek Graves (GA) Nugent Fortenberry McCarthy (CA) Shuster Berg Graves (MO) Nunes Foxx McCaul Simpson Biggert Griffin (AR) Nunnelee NOT VOTING—109 Bilbray Griffith (VA) Olson Franks (AZ) McClintock Smith (NE) Ackerman Garamendi Neal Bilirakis Grimm Owens Frelinghuysen McCotter Smith (NJ) Andrews Gonzalez Olver Bishop (UT) Guinta Palazzo Gallegly McHenry Smith (TX) Baca Green, Al Pallone Black Guthrie Paul Gardner McIntyre Southerland Bass (CA) Grijalva Pascrell Blackburn Hall Paulsen Garrett McKeon Stearns Becerra Gutierrez Pelosi Bonner Hanna Pearce Gerlach McKinley Stivers Bishop (GA) Hahn Peters Bono Mack Harper Pence Gibbs McMorris Sullivan Brady (PA) Hanabusa Pingree (ME) Boren Harris Peterson Gibson Rodgers Brown (FL) Hastings (FL) Polis Terry Boswell Hartzler Petri Gingrey (GA) Meehan Butterfield Hinchey Price (NC) Thompson (PA) Boustany Hastings (WA) Pitts Gohmert Mica Capuano Hinojosa Rangel Thornberry Brady (TX) Hayworth Platts Goodlatte Miller (FL) Cardoza Honda Reyes Tiberi Brooks Heck Poe (TX) Gosar Miller (MI) Carnahan Hoyer Richardson Tipton Broun (GA) Hensarling Pompeo Gowdy Miller, Gary Carney Israel Richmond Turner (NY) Buchanan Herger Posey Granger Mulvaney Carson (IN) Jackson (IL) Roybal-Allard Turner (OH) Bucshon Herrera Beutler Price (GA) Graves (GA) Murphy (PA) Castor (FL) Jackson Lee Ruppersberger Upton Buerkle Hochul Quayle Graves (MO) Myrick Chu (TX) Rush Walberg Burgess Huelskamp Rahall Griffin (AR) Neugebauer Cicilline Johnson (GA) Sa´ nchez, Linda Walden Burton (IN) Huizenga (MI) Reed Griffith (VA) Noem Clarke (MI) Johnson, E. B. T. Walsh (IL) Calvert Hultgren Rehberg Grimm Nugent Clarke (NY) Kaptur Sarbanes Walz (MN) Camp Hunter Reichert Guinta Nunes Clay Keating Schakowsky Webster Campbell Hurt Renacci Guthrie Nunnelee Cleaver Kildee Schiff West Canseco Issa Ribble Hall Olson Clyburn Kucinich Scott (VA) Westmoreland Cantor Jenkins Rivera Hanna Owens Conyers Larson (CT) Scott, David Whitfield Capito Johnson (IL) Roby Harper Palazzo Costa Lee (CA) Serrano Wilson (SC) Carter Johnson (OH) Roe (TN) Harris Paul Crowley Levin Sewell Wittman Cassidy Johnson, Sam Rogers (AL) Hartzler Paulsen Cummings Lewis (CA) Sires Wolf Chabot Jones Rogers (KY) Hastings (WA) Pearce Davis (CA) Lewis (GA) Stark Chaffetz Jordan Rogers (MI) Heck Pence Womack Davis (IL) Lowey Thompson (MS) Chandler Kelly Rohrabacher Hensarling Peterson Woodall DeGette Maloney Tonko Coble Kind Rokita Herger Petri Yoder Doyle Markey Towns Coffman (CO) King (IA) Rooney Herrera Beutler Pitts Young (AK) Edwards Matsui Van Hollen Cole King (NY) Ros-Lehtinen Hochul Platts Young (FL) Ellison McCarthy (NY) Vela´ zquez Conaway Kingston Roskam Huelskamp Poe (TX) Young (IN) Engel McCollum Waters Cravaack Kinzinger (IL) Ross (AR) Fattah McGovern Watt NOT VOTING—9 Crawford Kissell Ross (FL) Filner Meeks Wilson (FL) Crenshaw Kline Royce Bishop (UT) Jackson (IL) Napolitano Frank (MA) Moore Woolsey Critz Labrador Runyan Cardoza Johnson, E. B. Ryan (OH) Fudge Napolitano Yarmuth Culberson Lamborn Ryan (WI) Hayworth Lewis (CA) Stutzman Davis (KY) Lance Scalise Denham Landry Schilling ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE b 1630 Dent Lankford Schmidt The SPEAKER pro tempore (during Messrs. THOMPSON of Pennsylvania, DesJarlais Latham Schock Diaz-Balart Latta Schweikert the vote). There are 2 minutes remain- WALDEN, Ms. JENKINS, Mrs. ROBY, Dold LoBiondo Scott (SC) Messrs. MURPHY of Pennsylvania, Donnelly (IN) Long Scott, Austin ing. SCALISE, KINGSTON, and HALL Dreier Lucas Sensenbrenner Duffy Luetkemeyer Sessions changed their vote from ‘‘yea’’ to Duncan (SC) Lummis Shimkus b 1639 ‘‘nay.’’ Duncan (TN) Lungren, Daniel Shuster Ellmers E. Simpson Mr. LATOURETTE changed his vote Mr. RICHMOND and Ms. LORETTA Emerson Mack Smith (NE) SANCHEZ of California changed their Farenthold Manzullo Smith (NJ) from ‘‘aye’’ to ‘‘no.’’ vote from ‘‘nay’’ to ‘‘yea.’’ Fincher Marchant Smith (TX) So the resolution was agreed to. So the motion to refer was rejected. Fitzpatrick Marino Southerland Flake Matheson Stearns The result of the vote was announced The result of the vote was announced Fleischmann McCarthy (CA) Stivers as above recorded. as above recorded. Fleming McCaul Stutzman Flores McClintock Sullivan The SPEAKER pro tempore. The Forbes McCotter Terry A motion to reconsider was laid on question is on the resolution. Fortenberry McHenry Thompson (PA) the table.

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00259 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H4418 CONGRESSIONAL RECORD — HOUSE June 28, 2012 AUTHORIZING COMMITTEE ON branch. There are those in this body Ms. NORTON. I thank the gentleman OVERSIGHT AND GOVERNMENT who have been here and engaged in de- for yielding. REFORM TO INITIATE OR INTER- bate with respect to important items I have come back from walking out VENE IN JUDICIAL PROCEEDINGS such as the PATRIOT Act and FISA. of this proceeding to address the seri- TO ENFORCE CERTAIN SUB- One of the things that we’ve attempted ous, baseless charge of a coverup. No POENAS to assure our constituents was that we one in the majority has been able to Mr. ISSA. Mr. Speaker, pursuant to would ensure that the constitutional charge that the Attorney General or House Resolution 708, I call up the res- rights of Americans would not be tram- his top lieutenants knew about the gunwalking initiated in the Bush ad- olution (H. Res. 706) authorizing the pled upon as we carry out the appro- ministration because there is no evi- Committee on Oversight and Govern- priate responsibility of protecting this dence of that after 16 months of inves- ment Reform to initiate or intervene in country and our constituents against tigation. judicial proceedings to enforce certain terrorist attack. That requires us to provide active oversight over the exec- This contempt resolution stems from subpoenas. a letter from the Justice Department The Clerk read the title of the resolu- utive branch. Similarly, in this case, we have an correcting the record resulting from a tion. prior letter written in the Legislative The SPEAKER pro tempore (Mr. obligation to stand in the shoes of those we represent, to oversee the oper- Affairs section of the Justice Depart- BASS of New Hampshire). Pursuant to ment that there was no gunwalking. House Resolution 708, the resolution is ations of the executive branch—in this case, the Department of Justice—to en- That letter relied on statements of considered read. ATF officials and Justice Department The text of the resolution is as fol- sure that they are following the law. officials who this Justice Department lows: b 1650 then fired and did its own investiga- H. RES. 706 One manner in which that can be tion. So what you have is contempt for Resolved, That the Chairman of the Com- frustrated is by a department—in this correcting the record. mittee on Oversight and Government Reform case, the Department of Justice—that What the Justice Department did was is authorized to initiate or intervene in judi- refuses to respond to lawful subpoenas the opposite of a coverup. But it is al- cial proceedings in any Federal court of com- and give us the information so that we petent jurisdiction, on behalf of the Com- leged that if the Department has noth- mittee on Oversight and Government Re- can do that oversight. That is what we ing to hide, it would simply turn over form, to seek declaratory judgments affirm- were talking about. everything in its possession. The other ing the duty of Eric H. Holder, Jr., Attorney This Congress, this House of Rep- side has gone so far as to say that when General, U.S. Department of Justice, to com- resentatives, was misled. I don’t know the President invoked executive privi- ply with any subpoena that is a subject of whether it was intentional or not. I do lege, he too was implicated in a cover- the resolution accompanying House Report know we were misled by a representa- up. But the Supreme Court itself has 112–546 issued to him by the Committee as tion from the Justice Department in an said that while the privilege is not ab- part of its investigation into the United official response to an inquiry by the solute—and here I am quoting—human States Department of Justice operation Congress of the United States. That known as ‘‘Fast and Furious’’ and related experience teaches us that those who was not corrected for 10 months. expect public dissemination of their re- matters, and to seek appropriate ancillary You can look at it a couple of ways. relief, including injunctive relief. marks may well temper candor with SEC. 2. The Committee on Oversight and One is that there was an attempt to concerns for appearances. Thus, Presi- Government Reform shall report as soon as slow-walk the Congress so that it could dents have repeatedly asserted execu- practicable to the House with respect to any not carry out its constitutional respon- tive privilege to protect confidential judicial proceedings which it initiates or in sibility. There is a lot of talk on this executive branch deliberative mate- which it intervenes pursuant to this resolu- floor by both Democrats and Repub- rials from congressional subpoena. tion. licans as to how we have an obligation SEC. 3. The Office of General Counsel of the The SPEAKER pro tempore. The to oversee the executive branch. In time of the gentlewoman has expired. House of Representatives shall, at the au- fact, one of the genius points of our thorization of the Speaker, represent the Mr. CUMMINGS. I yield the gentle- Committee on Oversight and Government Founding Fathers’ Constitution is that lady 30 additional seconds. Reform in any litigation pursuant to this conflict between or among the three Ms. NORTON. The last leg of today’s resolution. In giving that authorization, the branches of government, that natural weak reed of contempt is the claim Speaker shall consult with the Bipartisan tension. But that natural tension can- that the President asserted executive Legal Advisory Group established pursuant not exist and we cannot do that which privilege too late. Why not from the to clause 8 of rule II. we are called upon under the Constitu- beginning? The SPEAKER pro tempore. The gen- tion to do faithfully if we are denied in- The President, like every President tleman from California (Mr. ISSA) and formation to oversee the operations of before him, did not assert the privilege the gentleman from Maryland (Mr. the Department of Justice. until negotiations broke down. But the CUMMINGS) each will control 10 min- The SPEAKER pro tempore. The committee proceeded without even ex- utes. time of the gentleman has expired. amining the basis for the privilege, as The Chair recognizes the gentleman Mr. ISSA. I yield the gentleman an prior Chairs of our committee have from California. additional 30 seconds. done. A coverup is the most irrespon- Mr. ISSA. Mr. Speaker, I yield 3 min- Mr. DANIEL E. LUNGREN of Cali- sible allegation of this debate because utes to the gentleman from California fornia. So all we are doing simply is no evidence of a coverup has been sub- (Mr. LUNGREN). asking for the authorization so that mitted. Mr. DANIEL E. LUNGREN of Cali- this committee can have the represen- This subpoena is so partisan and po- fornia. Mr. Speaker, we’ve just had a tation of counsel to see that these sub- litical that I expect any court to do very important vote and some would poenas are carried out. Since we have just what our committee should have ask what this second vote is about. been given every sense from the Jus- done—compel the parties to sit down This second vote is a simple author- tice Department that it would be folly, and negotiate. ization for the committee involved to in a sense, to suggest that they would Mr. ISSA. Mr. Speaker, it’s amazing be able to essentially hire counsel that carry out the actions that we just that people would say there’s no evi- would allow us to go into court to seek voted upon against the Attorney Gen- dence of a coverup when somebody a declaratory judgment by the Federal eral, this is the method by which we says, No, we didn’t do what we did, and court to enforce the subpoenas that can achieve that which we are required then hides it for an additional 10 have been presented by this committee to do; that is, to carry out oversight re- months. By any normal American to the Attorney General of the United sponsibility against the executive de- standard, that would be a coverup. States. It’s a simple, straightforward partment, including the Department of With that, I yield 2 minutes to the resolution. Justice. gentleman from Texas (Mr. Why is it important? One of our obli- Mr. CUMMINGS. I yield 2 minutes to FARENTHOLD). gations under the Constitution is to the gentlelady from the District of Co- Mr. FARENTHOLD. I thank the chair provide oversight of the executive lumbia (Ms. NORTON). for yielding.

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00260 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE June 28, 2012 CONGRESSIONAL RECORD — HOUSE H4419 I rise today in support of the motion for failing to respond to more sub- Terry family, the families of the Mexi- for civil contempt so we can get an at- poenas, the Speaker should articulate can people who have been slain, and torney to proceed. with clarity what general purpose will the American people deserve no less. Normally under contempt, what hap- be served by the response. If nothing Mr. CUMMINGS. I yield 2 minutes to pens is, we vote, like we just did, to legitimately useful is to be learned nor the gentleman from Texas (Mr. REYES). hold someone in contempt, and it’s any legislative purpose is to be Mr. REYES. It is indeed a sad day turned over to the Department of Jus- achieved with continued responses to today. As an officer that spent 261⁄2 tice—in fact, the U.S. attorney for the these subpoenas, then it is time for the years wearing the United States Border District of Columbia—to pursue in dis- Attorney General to get back to work, Patrol uniform, it is regrettable for me trict court. Unfortunately, the U.S. at- along with the Members of the House. today that we’re here under these cir- torney is an employee and reports to Mr. ISSA. Mr. Speaker, I’m not sure cumstances. the Attorney General, who was just if I heard the gentleman right when he I want to acknowledge and thank the found in contempt. And I am concerned said that I ‘‘silenced whistleblowers’’ chairman and the ranking member for that past history of stonewalling in order to keep them from talking inviting me to go with them to Mexico delays that are associated with getting about gun control. City and visit at the U.S. Embassy us information and cooperating with us Is the gentleman disparaging and about the circumstances around what on Fast and Furious will continue and, falsely claiming that I did something led to the investigation of Fast and Fu- in fact, there will be no prosecution of that I know for a fact I did not? rious. And to me, it’s regrettable be- the contempt resolution we just voted Mr. CUMMINGS. Will the gentleman cause we are here discussing the death out. So it is absolutely critical that yield? of a Border Patrol agent. I went to the the committee be given the authority Mr. ISSA. Of course. memorial service for Agent Brian Mr. CUMMINGS. I will tell you what to pursue this on their own if the Jus- Terry. I visited with his mom and his you did. When you called the whistle- tice Department is not responsive. family that day. I went there because I, therefore, urge all of my colleagues blowers in, and the whistleblowers, as a former Border Patrol agent I to join me in support of this civil con- who are ATF agents, and you know wanted to express sympathy and sup- tempt resolution. this— port, as I did so many times as a chief Mr. ISSA. Reclaiming my time, it’s Mr. CUMMINGS. I yield 2 minutes to for agents that were killed in the line pretty clear you are disparaging me, the gentleman from Virginia (Mr. of duty. and you are disparaging me by making So for me, it is particularly troubling SCOTT). Mr. SCOTT of Virginia. I thank the a claim that’s untrue. that we’re here politicizing the death The bottom line is, in committee, gentleman for yielding. of a United States Border Patrol agent. The contempt citation pending witnesses were told that they need not We ought to be about getting to the against Attorney General Holder is un- answer questions that were not the circumstances of the investigation led founded, unfair, and unwise. All of this subject of the hearing and, in fact, under a U.S. Attorney under OCDETF. involves questions about gunwalking. those witnesses were allowed and did Both the ranking member and the And we know that the Attorney Gen- answer questions by the minority hav- chairman know that that was the con- eral has handed over thousands of doc- ing to do with gun control, an issue trolling entity in this case. I don’t know except to say that it’s uments in response to multiple sub- they prefer to talk about rather than pure basic politics that we’ve now spun poenas. So we know that the the cause of Brian Terry’s death. With that, I yield 2 minutes to the this up to the level of the Attorney gunwalking policy began under the gentleman from Texas (Mr. MCCAUL). General. Having had the experience to Bush administration. We know that supervise my agents that were part of b 1700 President Bush’s Attorney General, Mi- OCDETF investigations and having had chael Mukasey, was briefed on the pol- Mr. MCCAUL. Mr. Speaker, as a a number of conversations with my icy, and it continued. We know that former Federal prosecutor at the De- friends on the other side of the aisle when Attorney General Holder found partment of Justice, I do not take who were experienced prosecutors, ev- out about it, he shut the program down these proceedings lightly. Above all, erybody here that has that experience and called for an investigation. those at the Department cherish their knows that those controls don’t go up If we want to know why the policy integrity. Mr. Speaker, that integrity to the level of the Attorney General. started, we should ask officials who has now been impugned. The SPEAKER pro tempore. The served when it started during the Bush This is not about politics. It’s about time of the gentleman has expired. administration. If we want to know pursuit of the truth and justice. The Mr. CUMMINGS. I yield the gen- what Attorney General Holder knew definition of contempt is the willful tleman an additional 30 seconds. about Fast and Furious, we should call disobedience to or open disrespect for Mr. REYES. So we’re here taking a the former Acting Director of the ATF, the rules or orders of a court or legisla- lot of time when we should be dis- Ken Melson, who is on the record as tive body. This definition falls squarely cussing things that are a priority to saying that he would have been the one within the facts here. the American people. We’re here under to have informed the Attorney Gen- When insiders revealed the govern- the worst of circumstances for the eral, but even he didn’t know about ment’s role in Operation Fast and Furi- Terry family, which all they want is Fast and Furious. But unfortunately, ous, the Department of Justice falsely closure on the death of a son, on the requests from the Democratic members told Congress that whistleblowers death of a patriotic American citizen, of the House Committee on Oversight weren’t telling the truth. As Congress and spinning it in a political sense. and Government Reform to call these fulfilled its oversight obligations and I really think that this is a sad day witnesses have been rejected. tried to get to the bottom of how guns for this House of Representatives, and At this point, there has been no ar- were put in the hands of Mexican drug we ought to do better for the American ticulation of any useful information cartels, ultimately killing Border Pa- people. about the origins of gunwalking in trol Brian Terry, this administration Mr. ISSA. I yield 1 minute to the Fast and Furious or the death of Agent refused to turn over crucial documents gentleman from Idaho (Mr. LABRADOR). Brian Terry that can be learned from that would shed light on this. Instead, Mr. LABRADOR. Mr. Speaker, once the narrow set of documents still at they asserted executive privilege at the again I sit here and I’m amazed by the issue, nor has there been any articula- eleventh hour, calling into question language that is being used. We’ve had tion of any legitimate legislative pur- the validity of the privilege itself and numerous hearings. We’ve had numer- pose that can be achieved. And, in fact, at the same time demonstrating that ous investigations. We’ve had a lot of Chairman ISSA has silenced whistle- communications were held at the high- people come before Congress and give blowers who testified about legislation est levels in the government. In fact, us false information. And the reality is to strengthen law enforcement tools on the wiretaps, we all know, are approved that I hear again and again from the our southwestern boarder. at Main Justice. other side that there is no evidence of If the Speaker now insists on holding Mr. Speaker, this Attorney General coverup; there is no evidence of cover- Attorney General Holder in contempt needs to be held accountable. The up.

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00261 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H4420 CONGRESSIONAL RECORD — HOUSE June 28, 2012 But the reality is that we have only sure; we’re checking on it—happened in answered ‘‘present’’ 5, not voting 74, as received 5 percent of the documents this House already today, something follows: that we have requested. There is no that may have interfered with the trial [Roll No. 442] way for us to know exactly what hap- already. YEAS—258 pened, who knew, and what did they So as I close, I would submit that he Adams Gibson Nunes know, unless we receive all of the docu- has done the very best that he could, Aderholt Gingrey (GA) Nunnelee ments. All we’re asking the Attorney and now we need to meet him halfway. Akin Gohmert Olson General to do is to provide the docu- I yield back the balance of my time. Alexander Goodlatte Owens ments that we have requested. We Mr. ISSA. Mr. Speaker, I yield myself Altmire Gosar Palazzo Amash Gowdy Paul wouldn’t be standing here holding such time as I may consume. Amodei Granger Paulsen these contempt proceedings if he had The SPEAKER pro tempore. The gen- Austria Graves (GA) Pearce given us the documents. And that’s tleman from California is recognized Bachmann Graves (MO) Pence Bachus Griffin (AR) Peterson for 13⁄4 minutes. why I ask everybody in this body to ac- Barber Griffith (VA) Petri tually vote for contempt. Mr. ISSA. Thank you, Mr. Speaker. Barletta Grimm Pitts Mr. CUMMINGS. May I inquire as to It’s been a long day for America, but Barrow Guinta Platts how much time is left. it’s been a longer day for the Terry Bartlett Guthrie Poe (TX) The SPEAKER pro tempore. The gen- family. I’m going to urge everyone to Barton (TX) Hall Pompeo Bass (NH) Hanna Posey tleman from Maryland has 3 minutes vote for the ability to hire counsel, and Benishek Harper Price (GA) remaining, and the gentleman from that’s what the last vote is, and I be- Berg Hastings (WA) Quayle Biggert Hayworth California has 13⁄4 minutes remaining. lieve it will pass overwhelmingly. Rahall Bilbray Heck Reed Mr. CUMMINGS. I reserve the bal- But I’m going to use this time to Bilirakis Hensarling ance of my time. pledge to the America people, to pledge Rehberg Bishop (UT) Herger Reichert Mr. ISSA. Reserving the right to to the Terry family, and to pledge to Black Herrera Beutler Renacci close, I have no further requests for my colleagues: this investigation has Blackburn Hochul Ribble Bonner Huelskamp Rigell time. in fact been brought to a halt in one Bono Mack Huizenga (MI) Mr. CUMMINGS. Mr. Speaker, it’s in- Rivera area—and the area is the Attorney Boren Hultgren Roby teresting here today, what we just did General’s flat refusal to any longer co- Boswell Hunter Roe (TN) with regard to the criminal contempt. operate with this committee. Boustany Hurt Rogers (AL) I do believe that it is very unfortunate, Brady (TX) Issa Rogers (KY) Brooks Jenkins b 1710 Rogers (MI) and let me tell you why. We have an Broun (GA) Johnson (IL) Rohrabacher But it doesn’t change the fact that in Buchanan Johnson (OH) Attorney General who is indeed an Rokita Bucshon Johnson, Sam honorable man. We who practice law the days and weeks to come, we will Rooney Buerkle Jones use what we can in the way of other Ros-Lehtinen look up to the Attorney General and Burgess Jordan Roskam any U.S. Attorney. They are folks like tools, including some of the individuals Burton (IN) Kelly Ross (AR) Calvert Kind us who are well educated and who love that the minority has talked about Ross (FL) Camp King (IA) their country. And Eric Holder, Jr., is today, to glean additional information, Royce Campbell King (NY) Runyan no exception. to find ways to prove accountability Canseco Kingston Over and over again, he has tried to for the many people that had to be in- Cantor Kinzinger (IL) Ryan (WI) Capito Kissell Scalise cooperate with this committee. And volved in this OCDETF operation in Schilling I’m sure that both sides—his side and order for those guns to walk. We will Carter Kline Cassidy Labrador Schmidt our side—have become a little frus- continue to do that. We will try to find Chabot Lamborn Schock trated at times. But as he said in a the truth. Chaffetz Lance Schweikert Chandler Landry Scott (SC) meeting a couple of weeks ago, he said Hopefully in the weeks to come, we Scott, Austin that he’s willing to give the docu- Coble Lankford also will begin getting cooperation Coffman (CO) Latham Sensenbrenner ments, but he was asking that at some from the administration again. But if Cole LaTourette Sessions point his attorneys have an oppor- we don’t, I will tell the ranking mem- Conaway Latta Shimkus Cravaack LoBiondo Shuster tunity to get back to work. ber here today, it has always been my Simpson Now, Leader PELOSI said something a Crawford Long intention to look backwards to pre- Crenshaw Lucas Smith (NE) moment ago that we should not lose vious gunwalking programs that we be- Critz Luetkemeyer Smith (NJ) sight of, Mr. Speaker, when she spoke lieve were certainly poorly designed Culberson Lummis Smith (TX) about the Constitution and that it re- Davis (KY) Lungren, Daniel Southerland and resulted in weapons getting out of DeFazio E. Stearns quires Congress and the executive the hands of lawful people and into the Denham Mack Stivers branch to avoid unnecessary conflicts hands of criminal elements. That’s not Dent Manzullo Stutzman and to seek accommodations that serve going to change. It’s not going to DesJarlais Marchant Sullivan both of their interests. In the words of Diaz-Balart Marino Terry change because it’s our obligation to Dold Matheson Thompson (PA) Attorney General William French investigate and because this one we Donnelly (IN) McCarthy (CA) Thornberry Smith, under President Reagan: cannot let loose until the Terry family Dreier McCaul Tiberi It is the obligation of each branch to make has been kept a promise that the rank- Duffy McClintock Tipton a principled effort to acknowledge and, if Duncan (SC) McCotter Turner (NY) ing member and I both made. Turner (OH) possible, to meet the legitimate needs of the Duncan (TN) McHenry So I take the ranking member at his Ellmers McIntyre Upton other branch. word today that, in fact, he will not Emerson McKeon Walberg I believe that this Attorney General rest until we get some answers, and I Farenthold McKinley Walden has bent over backwards trying to ac- Fincher McMorris Walsh (IL) commit the same that I will not, and I Fitzpatrick Rodgers Walz (MN) commodate us, trying to provide the urge the passage of this resolution. Flake Meehan Webster information, but at the same time, as I yield back the balance of my time. Fleischmann Mica West he has said to us many times, to pro- Fleming Michaud Westmoreland The SPEAKER pro tempore. All time Flores Miller (FL) Whitfield tect the institution of the Attorney for debate has expired. Forbes Miller (MI) Wilson (SC) General of the United States. And Pursuant to House Resolution 708, Foxx Miller (NC) Wittman when I say protect the institution, I the previous question is ordered on the Franks (AZ) Miller, Gary Wolf mean protect the institution, the same Frelinghuysen Mulvaney Womack resolution. Gallegly Murphy (PA) Woodall types of things that have assertions of The question is on the resolution. Gardner Myrick Yoder executive privilege, making sure that The question was taken; and the Garrett Neugebauer Young (AK) wiretap applications are not made pub- Speaker pro tempore announced that Gerlach Noem Young (FL) lic, making sure that confidential in- the ayes appeared to have it. Gibbs Nugent Young (IN) formants are not disclosed, making Mr. CUMMINGS. Mr. Speaker, on NAYS—95 sure that ongoing investigations are that I demand the yeas and nays. Andrews Bishop (NY) Capps not interfered with. The yeas and nays were ordered. Baldwin Blumenauer Carnahan And I’m not sure, but there may be The vote was taken by electronic de- Berkley Bonamici Carney Berman Braley (IA) Castor (FL) something that happened—we’re not vice, and there were—yeas 258, nays 95,

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00262 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE June 28, 2012 CONGRESSIONAL RECORD — HOUSE H4421 Cohen Keating Reyes the gentleman from Texas (Mr. SMITH) The question was taken; and (two- Connolly (VA) Kildee Rothman (NJ) that the House suspend the rules and thirds being in the affirmative) the Cooper Langevin Ruppersberger Costello Larsen (WA) Ryan (OH) pass the bill. rules were suspended and the bill was Courtney Loebsack Sa´ nchez, Linda The question was taken; and (two- passed. Crowley Lofgren, Zoe T. thirds being in the affirmative) the A motion to reconsider was laid on Cuellar Luja´ n Sanchez, Loretta rules were suspended and the bill, as the table. Davis (CA) Lynch Schiff DeGette Maloney Schrader amended, was passed. f DeLauro Matsui Schwartz A motion to reconsider was laid on Deutch McCarthy (NY) REVEREND ABE BROWN POST Dicks McCollum Sherman the table. Shuler OFFICE BUILDING Dingell McDermott f Doggett McGovern Slaughter The SPEAKER pro tempore. The un- Doyle McNerney Smith (WA) SERGEANT RICHARD FRANKLIN finished business is the question on Speier Eshoo Miller, George ABSHIRE POST OFFICE BUILDING suspending the rules and passing the Farr Moran Stark Filner Murphy (CT) Sutton The SPEAKER pro tempore. The un- bill (H.R. 3276) to designate the facility Garamendi Neal Thompson (CA) finished business is the question on of the United States Postal Service lo- Green, Gene Olver Tierney suspending the rules and passing the cated at 2810 East Hillsborough Avenue Hanabusa Pallone Tonko in Tampa, Florida, as the ‘‘Reverend Heinrich Pascrell Tsongas bill (H.R. 3412) to designate the facility Higgins Pastor (AZ) Vela´ zquez of the United States Postal Service lo- Abe Brown Post Office Building’’. Himes Perlmutter Visclosky cated at 1421 Veterans Memorial Drive The Clerk read the title of the bill. Hinchey Peters Wasserman in Abbeville, Louisiana, as the ‘‘Ser- The SPEAKER pro tempore. The Hirono Pingree (ME) Schultz Holden question is on the motion offered by Polis Waxman geant Richard Franklin Abshire Post Holt Price (NC) Welch Office Building’’. the gentleman from Texas (Mr. Hoyer Quigley The Clerk read the title of the bill. FARENTHOLD) that the House suspend ANSWERED ‘‘PRESENT’’—5 The SPEAKER pro tempore. The the rules and pass the bill. Ackerman Kaptur Towns question is on the motion offered by The question was taken; and (two- Costa Lipinski the gentleman from Texas (Mr. thirds being in the affirmative) the NOT VOTING—74 FARENTHOLD) that the House suspend rules were suspended and the bill was Baca Frank (MA) Markey the rules and pass the bill. passed. Bass (CA) Fudge Meeks The question was taken; and (two- A motion to reconsider was laid on Becerra Gonzalez Moore the table. Bishop (GA) Green, Al Nadler thirds being in the affirmative) the Brady (PA) Grijalva Napolitano rules were suspended and the bill was f Brown (FL) Gutierrez Pelosi passed. AVIATION SECURITY STAKE- Butterfield Hahn Rangel A motion to reconsider was laid on Capuano Harris Richardson HOLDER PARTICIPATION ACT OF Cardoza Hartzler Richmond the table. 2012 Carson (IN) Hastings (FL) Roybal-Allard f Chu Hinojosa Rush The SPEAKER pro tempore. The un- Cicilline Honda Sarbanes SPC NICHOLAS SCOTT HARTGE finished business is the question on Clarke (MI) Israel Schakowsky POST OFFICE suspending the rules and passing the Clarke (NY) Jackson (IL) Scott (VA) Clay Jackson Lee Scott, David The SPEAKER pro tempore. The un- bill (H.R. 1447) to amend title 49, Cleaver (TX) Serrano finished business is the question on United States Code, to direct the As- Clyburn Johnson (GA) Sewell suspending the rules and passing the sistant Secretary of Homeland Secu- Conyers Johnson, E. B. Sires rity (Transportation Security Adminis- Cummings Kucinich Thompson (MS) bill (H.R. 3501) to designate the facility Davis (IL) Larson (CT) Van Hollen of the United States Postal Service lo- tration) to establish an Aviation Secu- Edwards Lee (CA) Waters cated at 125 Kerr Avenue in Rome City, rity Advisory Committee, and for other Ellison Levin Watt purposes, as amended. Engel Lewis (CA) Wilson (FL) Indiana, as the ‘‘SPC Nicholas Scott Fattah Lewis (GA) Woolsey Hartge Post Office’’. The Clerk read the title of the bill. Fortenberry Lowey Yarmuth The Clerk read the title of the bill. The SPEAKER pro tempore. The b 1734 The SPEAKER pro tempore. The question is on the motion offered by the gentleman from New York (Mr. Mr. SULLIVAN changed his vote question is on the motion offered by the gentleman from Texas (Mr. KING) that the House suspend the rules from ‘‘nay.’’ to ‘‘yea’’ and pass the bill, as amended. Mr. COSTA changed his vote from FARENTHOLD) that the House suspend The question was taken; and (two- ‘‘nay’’ to ‘‘present.’’ the rules and pass the bill. thirds being in the affirmative) the So the resolution was agreed to. The question was taken; and (two- The result of the vote was announced thirds being in the affirmative) the rules were suspended and the bill, as as above recorded. rules were suspended and the bill was amended, was passed. A motion to reconsider was laid on passed. A motion to reconsider was laid on the table. A motion to reconsider was laid on the table. Mr. FORTENBERRY. Mr. Speaker, I inad- the table. f vertently missed the vote on rollcall No. 442. f USE OF GRANT FUNDS FOR My vote would have been ‘‘yes.’’ PROJECTS CONDUCTED IN CON- 1740 f b JUNCTION WITH A NATIONAL NUCLEAR TERRORISM CONVEN- FIRST SERGEANT LANDRES LABORATORY OR RESEARCH FA- TIONS IMPLEMENTATION AND CHEEKS POST OFFICE BUILDING CILITY SAFETY OF MARITIME NAVIGA- The SPEAKER pro tempore. The un- The SPEAKER pro tempore. The un- TION ACT OF 2012 finished business is the question on finished business is the question on The SPEAKER pro tempore (Mr. suspending the rules and passing the suspending the rules and passing the CRAVAACK). The unfinished business is bill (H.R. 3772) to designate the facility bill (H.R. 5843) to amend the Homeland the question on suspending the rules of the United States Postal Service lo- Security Act of 2002 to permit use of and passing the bill (H.R. 5889) to cated at 150 South Union Street in Can- certain grant funds for training con- amend title 18, United States Code, to ton, Mississippi, as the ‘‘First Sergeant ducted in conjunction with a national provide for protection of maritime Landres Cheeks Post Office Building’’. laboratory or research facility. navigation and prevention of nuclear The Clerk read the title of the bill. The Clerk read the title of the bill. terrorism, and for other purposes, as The SPEAKER pro tempore. The The SPEAKER pro tempore. The amended. question is on the motion offered by question is on the motion offered by The Clerk read the title of the bill. the gentleman from Texas (Mr. the gentleman from New York (Mr. The SPEAKER pro tempore. The FARENTHOLD) that the House suspend KING) that the House suspend the rules question is on the motion offered by the rules and pass the bill. and pass the bill.

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00263 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H4422 CONGRESSIONAL RECORD — HOUSE June 28, 2012 The question was taken; and (two- ANNOUNCEMENT BY THE SPEAKER This issue of health care reform is thirds being in the affirmative) the PRO TEMPORE one of the defining issues in our coun- rules were suspended and the bill was The SPEAKER pro tempore. The try, and it’s one that we finally grap- passed. Chair will entertain Special Order pled with in 2010 to come up with a bill A motion to reconsider was laid on speeches without prejudice to the re- that not everyone agreed with. As a the table. sumption of legislative business. matter of fact, as Mr. ELLISON will remember, I didn’t agree with this. I was f f not satisfied with health care reform within the context of a for-profit sys- TRANSPORTATION WORKER IDEN- THE PROGRESSIVE MESSAGE tem because I wanted a not-for-profit TIFICATION PROCESS REFORM The SPEAKER pro tempore. Under system. Yet, while we had a for-profit ACT the Speaker’s announced policy of Jan- system, one of the things we needed to The SPEAKER pro tempore. The un- uary 5, 2011, the gentleman from Min- do was to make sure children with pre- finished business is the question on nesota (Mr. ELLISON) is recognized for existing conditions would be covered; suspending the rules and passing the 60 minutes as the designee of the mi- to make sure all of these lifetime caps bill (H.R. 3173) to direct the Secretary nority leader. on the amount of money that people of Homeland Security to reform the Mr. ELLISON. Mr. Speaker, my name could claim for expenses were removed; process for the enrollment, activation, is KEITH ELLISON, and I claim this Spe- and to make sure that people were issuance, and renewal of a Transpor- cial Order time on behalf of the Pro- given a fighting chance with the insur- tation Worker Identification Creden- gressive Caucus. I am very pleased to ance companies. be joined by my dear friend from the tial (TWIC) to require, in total, not b 1750 more than one in-person visit to a des- great State of Ohio, Mr. DENNIS KUCI- ignated enrollment center, as amended. NICH. What’s happened is the Affordable The Clerk read the title of the bill. The Progressive Caucus has a Web Care Act finally took a step in the di- The SPEAKER pro tempore. The site we refer people to, which is rection of reform. It’s an important question is on the motion offered by cpc.grijalva.house.gov. I urge every- step, and the Supreme Court has said the gentleman from California (Mr. body to check it out because it has a you can do that under Congress’ taxing authority, but it’s just a step. DANIEL E. LUNGREN) that the House lot of excellent information. All of us understand that there are suspend the rules and pass the bill, as This we call The Progressive Mes- still millions of Americans who are amended. sage. Today, we are going to focus on finding health care out of reach, even The question was taken; and (two- three topics, Mr. Speaker. They will be with the help that the Affordable Care thirds being in the affirmative) the in the areas of: (1) historic health care; (2) the travesty of justice perpetuated Act offers. That’s why at the State rules were suspended and the bill, as level there are still States, such as amended, was passed. on Eric Holder; (3) the voter ID issue that is proliferating across the coun- Vermont, that are looking at how they A motion to reconsider was laid on can go forward with a single-payer plan the table. try, that of trying to restrict and suppress the votes of Americans. So that’s within their State. Mr. ELLISON. Let me just ask the f our Progressive Message for today. gentleman a question. I want to introduce the first subject You had an amendment that we were THE AFFORDABLE CARE ACT IS by saying that today was a historic THE LAW OF THE LAND trying to move onto the Affordable day. The historic health care bill was Care Act which would allow States, if (Ms. JACKSON LEE of Texas asked passed many, many months ago; but they chose to, to pursue alternatives and was given permission to address until the Supreme Court of the United like a single-payer system. the House for 1 minute.) States said that this bill was constitu- Do you recall your amendment? Ms. JACKSON LEE of Texas. I rise tional, that this act was constitu- Mr. KUCINICH. Keep in mind that today because this is a great country. tional, it was always in jeopardy of the Employee Retirement Income Se- In fact, I would call it the greatest being overturned. In the Progressive curity Act essentially would stop country in the world. Caucus, many of us were signatories States from going forward, so we asked Throughout my life’s history, al- and cosponsors of H.R. 676, which is the basically for a waiver of that. The though we have traveled mountains single-payer bill—or health care for all amendment would have provided for a and low valleys, I have been equal and and Medicare for all. waiver so States would have no legal unequal in this Nation. Yet today I feel Personally, I think today is a dra- bar to pursue a single-payer system. as tall as the pine trees because our matic step forward in the quest to That was essentially passed in com- Supreme Court shed itself of diverse make sure that all Americans are cov- mittee and then stripped out. and sometimes divisive bickering and ered and can go to a doctor. This is a The point is we can enable it. Con- upheld the Constitution of the United very important step—it’s an advance— gress can facilitate that. The passage States. so I’m happy to see it. of affordable care, plus the Supreme It granted to the American people af- With that, I would like to just turn Court saying Congress can move on fordable health care. It granted to the some time over to the gentleman from health care, Congress can take a step, sickest of the sick the opportunity to Ohio for any comments he may care to finally puts us in a position where we be covered by insurance. It granted to make about the health care bill or can elevate health care to the highest seniors who fall into doughnut holes about the Supreme Court decision. level of public concern. and who have to choose prescription I yield to the gentleman from Ohio. Every American who is out there to- drugs over food a relief line. It granted Mr. KUCINICH. I want to thank the night who’s worried about whether to hospitals that take in indigent pa- gentleman from Minnesota, Congress- they would be able to get access to af- tients who may otherwise die on side- man ELLISON, for his leadership in the fordable health care suddenly realizes walks in America an opportunity to Progressive Caucus and to thank him that it is possible. For those poor peo- take care of those patients. It gave for yielding me some time to talk ple across America who are wondering children with preexisting diseases an about this momentous decision by the whether they are going to be shut out opportunity to live fully in this coun- Supreme Court. First of all, a little bit by one aspect of the Supreme Court de- try. of context. cision, now it’s up to the States to re- So now the Affordable Care Act is the I represent Cleveland, Ohio. There affirm the position of the State in the law of the land. We have been vindi- are many people in Cleveland who are life of their citizens by saying, if you’re cated. Every single, single vote of uninsured. There are many people in a poor person, we’re not going to use those Members who have lost and of Cleveland who could not afford health the Supreme Court decision to block those who have won, we’ve been vindi- care. There are many people who are you from having access to the re- cated. Thank God for the United States working who can’t get their families sources of the government with respect Supreme Court. covered. to health care.

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00264 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE June 28, 2012 CONGRESSIONAL RECORD — HOUSE H4423 I think that we need to recognize tinue the effort towards a universal are literally chained or tied to their that we’ve taken a big step here. As single-payer, not-for-profit health care. job because they have health care someone who wasn’t sure at first, as You know what? Now that we’ve there. If they want to leave, if they someone who, in a sense, reluctantly proven that reform of health care is want to pursue a different course, they voted for the Affordable Care Act on possible, now that we have proven that want to improve, they can’t, because the hope that by proving we could have health care is no longer the third rail they are tied to their job because of reform within the context of a for-prof- of American politics, now that we have health care. They can’t get it. it system, that it would open the door proven that the Court will uphold an Today, the Supreme Court said that for further reforms, I’d say this is a effort by the Congress to move towards what this House did with the Afford- great day. It shows that it’s possible to health care reform, well, now that able Health Care Act is constitutional. reform that for-profit system. we’ve proven that, we can say it is pos- It is constitutional. It is possible for I’m hopeful, as we’re celebrating sible to go to a place where we can us. As we just heard from Mr. KUCINICH, today, that we look down the road to have health care for all under a not- it is possible for us to reform the what we’re going to do in the future, for-profit system. health care system. which is to restart our efforts here, re- I thank the gentleman for his leader- My thoughts are so happy for Amer- start the effort for a single-payer sys- ship, and I look forward to working ica, so happy for that man that I saw 5 tem, knowing at least that we have the with you as we chart a new course in years ago that was on his deathbed, assurance that more people are cov- America for health care for all. Thank and he said, If I can just live another 5 ered, that you don’t have to worry you. months, I’ll be on Medicare and I can about your child 26 and under, whether Mr. ELLISON. Thank you. get the treatments that I need without they are going to be covered under the And to the gentleman from Ohio, who bankrupting my family. Today he prob- policy, that you don’t have to worry I know has some things to do, I just ably will be able to get that. It’s a good about a child with a preexisting condi- want to say that when the final chap- day. tion, that you don’t have to worry ter is written on the improvement and b 1800 about long-term caps, that you don’t the advance in health care in America, have to worry about if you’re a senior I was the insurance commissioner for there will certainly be chapters on how 8 years in California. And if only I had where that doughnut hole is going to DENNIS KUCINICH, through your leader- cause your budget to get crushed. What this law, if only this law were in place, ship as a Member of the House of Rep- I could have hammered those insurance you have now is the government finally resentatives bill that you introduced taking the side of the people and put- companies that were discriminating through your Presidential run, where against people who had preexisting ting us in a position where we now are you really made health care a front- able, with integrity and with drive, to conditions. But I didn’t have this law. burner issue, you will have a chapter So they were able to get away with dis- move towards the future where some- that will designate your great con- day we’re going to keep working for criminating against women because tributions to the American people to they are women. Because they are of that single-payer system. get quality, affordable, universal Mr. ELLISON. I don’t know if this child-bearing age, they may have a health care. child; and it might cost the insurance happened to you today, but it did hap- So I do thank you today, sir, because pen to me. I started thinking about all companies money. I can tell you that today is somewhat My chief of staff had a child who was the door knocking that I did and think- of a reflection. You should think about ing about the health care horror sto- born with an ailment. That kid, from how your campaign for President and the day of conception to the day after ries that I heard. other work you have done really did I just want to ask you today, when he was born, had insurance. As soon as move the ball down the track. So I you reflect on 57 percent of the people the insurance company found out that thank you, and I honor you for it. filing for bankruptcy being motivated that child had a serious problem, they Mr. KUCINICH. I thank the gen- by medical debt, when you hear about stopped the insurance. The family al- tleman. Thank you very much. people getting a lifetime cap and not most went into bankruptcy; but for the Mr. ELLISON. We’re joined by my being able to get any additional health friends and support around them, they good friend, JOHN GARAMENDI from care, even when they’ve got cancer or would have done so. That is over. California. if they’ve got cancer, then they get Every child born in America will con- Congressman GARAMENDI, on a day dropped. tinue to have health care coverage, Mr. KUCINICH. The gentleman is like this, you must be full of thoughts whether they are healthy or not. It’s a right. The gentleman is correct. When about health care reform, the big lift, good day. It’s a good day for the chil- you think of how many people—most and all of the things that occurred. dren. It’s a good day for the people of bankruptcies, they’re connected to peo- What are some of the thoughts that America. ple not being able to pay hospital bills. occur to you today, Congressman? Mr. ELLISON. Well, Congressman, I Any single family has known the dread Mr. GARAMENDI. Thank you, Mr. share your joy today. And I want to let of having one individual get ill in the ELLISON. Thank you so very much for you know that the fact is that there family, and everything people worked a your consistent and strong voice on are a lot of really important parts of lifetime for, they lose. what we really need to do here in this bill, and not enough Americans Mr. ELLISON. The gentleman might America to take care of people. understand what’s in the bill. reflect on the fact that many of these At the beginning of the day and at I can remember back a couple of people you’re referring to have insur- the end of the day, our task is to fulfill years ago when I was trying to have ance, and I yield to the gentleman. that message of life, liberty, and the community forums in my district, and Mr. KUCINICH. Oh, that’s right. pursuit of happiness. This day really, people who didn’t understand the need Think about this now. You can have in many ways, fulfills that. for health care reform would get loud insurance, and if you run up against Think about it. Can you have life and boisterous in these meetings. And I lifetime caps on coverage, you’re out of without health care? Well, probably would let them talk. I wouldn’t let luck. So many Americans have gotten not for very long. Most everybody I them disrupt the meeting, but I would in trouble financially because, even know has had a sickness at one point let them talk. And some of them ex- though they have insurance, they can’t or another. If you don’t get health pressed themselves in very passionate pay the bills. The bills have sent Amer- care, you may very well lose your life. ways. icans into poverty. Happiness? We know that most of the One of the things they said to me We need to realize that we’ve taken a bankruptcies—this is before the great was, Did you read the bill? And they step in the direction of a substantial crash—are a direct result of health wouldn’t ask the question. They would support for the American people and care and not having sufficient insur- basically make an accusation that I their health care with the Affordable ance or not having insurance. With re- didn’t read the bill. Of course I had Care Act, but it’s not the final step. gard to happiness, wow. read the bill. Again, I am here to share with you, Of course, liberty. You just think And I think it’s now a good idea to Mr. Speaker, my willingness to con- about the number of Americans that really help people understand what

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00265 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H4424 CONGRESSIONAL RECORD — HOUSE June 28, 2012 good things are in this bill. For exam- seniors in the doughnut hole—this is would think they would say, Okay, ple, I think it’s important for people to the drug coverage portion—have saved okay. We just wanted to make sure it’s understand that already in the bill, if $3.7 billion on prescription drugs al- constitutional. Now we’re ready to join you have a child under the age of 26, ready. hands with you and celebrate this that child can be on your health care Now, our good friends, the Repub- great thing to make sure all Americans insurance. No more worries that your licans, want to repeal all of this. So can go to the doctor. But what do they college graduate kid, who has not yet you go through this list: 13 million do? They schedule a repeal vote. got that job, is just out there with no Americans will not receive a rebate if Here’s what I want people to know, insurance. If you are a woman, they the Republicans succeed in repealing Congressman: according to the Con- can’t discriminate against you any- the bill; 54 million Americans will not gressional Budget Office—which is a more. If you have a preexisting condi- receive preventative services; 6.6 mil- nonpartisan entity—if they repeal this tion and you are a child, even at this lion young Americans will not be on bill, it will add to the deficit $230 bil- moment, they can’t discriminate their parents’ coverage between the lion. These are my friends who never against you. And when the bill is fully age of 21 and 26. There are a lot of tire of saying, Oh, we’re conferring in effect, they won’t be able to dis- takeaways from what the Republicans debt on our children and grandchildren. criminate against anyone. want to do with their repeal. They always say that. I’m sure it’s If you are a senior, we’re helping to Mr. ELLISON. If the gentleman been tested by, you know, some high- make the cost of prescription drugs would yield, I think that is a very im- paid individual who does that kind of more affordable by filling the doughnut portant point to make. Sadly, as soon stuff. They never tire of saying, Our hole. Also, for Medicare, we have a pro- as the Affordable Care Act was upheld, children and grandchildren, we are pil- vision in there that’s helping to make our friends in the Republican Caucus ing debt on our children and grand- sure that preventative screenings are immediately said, Well, we’re going to children. free in order to have healthy, strong have a repeal vote. Well, they’ve al- But if they strip the Affordable Care seniors to prevent them from getting ready had a repeal vote. What are we Act, as they plan on doing on July 11, sick. There’s a medical loss ratio which doing this over and over and over again they would drop a big debt and add to says that the insurance company has for? Well, we’re doing it for a very im- the deficit. to devote 85 percent of their receipts portant reason: to make a political Mr. GARAMENDI. Thank you so very point. into health care, not all this other ad- much, Mr. ELLISON. And thank you for As they were announcing another re- ministrative stuff, including exorbi- your leadership on this and so many peal vote—another repeal vote—we tant pay. other issues. haven’t done anything about student So as we sit back and reflect on what I’m looking at that sign next to you: loans this week, which are expiring. We is actually in there, I think it’s impor- ‘‘Republicans’ No-Jobs Agenda.’’ A re- haven’t done anything about jobs. And tant to make those points. peal of the Affordable Health Care Act we haven’t done anything about the Is there anything you would like to and the Patients’ Bill of Rights is not transit bill, which is due to expire. I add? going to create jobs. In fact, it is going mean, it’s just really amazing how Mr. GARAMENDI. Let me just take to make it very, very difficult for much time we have for stuff that up some of those numbers because small businesses because the Afford- doesn’t matter, just political games- they’re very, very exciting. able Health Care Act actually helps Thirteen million Americans will re- manship. But, you know, I must share this small businesses. ceive $1.1 billion in rebates because the with you, Congressman. I’m saddened Mr. ELLISON. Right. insurance companies have overcharged by the fact that our Republican friends 1810 them. That didn’t happen before this b won’t join with us in this awesome bill. I didn’t have that power, as insur- Mr. GARAMENDI. They don’t have good thing that happened to the Amer- ance commissioner, to do that; 54 mil- the mandate. Small businesses don’t ican people today. I wish they would fi- lion Americans that are in private have the mandate. But what they do nally come around. It’s like, look, you health insurance plans will receive free have is an opportunity. They have an know, you fought the health care— preventative services as a result of this opportunity to get health insurance at Well, first of all, between 2000 and an affordable cost, which they’ve never legislation. 2006, you had the White House, the Sen- Mr. ELLISON. Fifty-four million— had before. Small business, one-person, ate, and the House of Representatives. or husband and wife, perhaps, and two wow. You didn’t do anything except give a Mr. GARAMENDI. And, of course, or three employees, it literally was im- bunch of money to Big Pharma. And women—millions across this Nation— possible for them to get affordable we’re trying to fix that right now. will receive free coverage for com- But all this stuff they talk about. Oh, health insurance for themselves and for prehensive women’s preventative we want to sell insurance across State their three employees. health services: Pap smears, breast x lines. We want to do tort reform. They Under this bill, they can get it. It’s rays and the like. In 2011, 32.5 million could have done all of that. They didn’t subsidized, to be sure. But they can fi- seniors received one or more preventa- do it because they didn’t want to do it. nally get insurance. And across the tive services. In 2012, 14 million seniors Now they say that’s what they would State of California and across this Na- have already received these services. have done, but that’s not what they did tion we’re finding thousands upon 105 million Americans will no longer do when they could have done it. So thousands of businesses for the first have a lifetime limit on their coverage. there you go with that. time going into the insurance market, Before this bill was in effect, if you go So now we, the Democrats, went and able to buy insurance, getting coverage up to $100,000 or $200,000—if you had a took up health care. After many, many for themselves and their employees serious illness, you could go through years of trying, we get it through. while providing what insurance must that, bam—that’s it. You don’t get any They fight it tooth and nail. To their do, which is the knowledge and the sta- more coverage. No longer. No more credit, none of them supported the bility that is necessary for the finances limits. Lifetime limits are gone. final vote on the Affordable Care Act. of that business to succeed. Seventeen million children with pre- They were solid and unanimously The other thing—and I’m just going existing conditions can no longer be de- against conferring the benefits that are to pick up one more that’s very, very nied coverage by insurance companies; contained in the Affordable Care Act. close to me—in California, the Afford- 6.6 million young adults—what you Well, now they got around to saying able Care Act provided funding for 1,154 were just talking about—you are talk- the bill was unconstitutional. It’s un- clinics. Way back in 1978, when I was in ing about my daughter. She graduated constitutional. And you heard this hue the California legislature, and in 1976 at the age of 21, 22; lost her insurance. and cry day and night. And they even as a member of the Assembly, I au- The day after this bill passed, she said, called themselves ‘‘constitutional con- thored legislation to establish the Dad, can I get back on your policy? servatives.’’ Rural Health Act. And that built clin- The answer was yes. Actually, it took 6 Well, the constitutional Court has ics in the rural part of California. And months, but it did happen. 5.3 million said, This bill is constitutional. So you today, as a result of that, there are

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00266 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE June 28, 2012 CONGRESSIONAL RECORD — HOUSE H4425 clinics all across the State of Cali- tion, when that information was the Phoenix office and the Washington, fornia, and the Affordable Care Act sought, the administration, the White D.C., office. It didn’t happen. keeps those clinics in business. House said, No, we’re going to exercise So in terms of an investigation, you This is where many Californians and executive privilege. Obviously, if the have a partial investigation focusing across this Nation Americans access President exercises executive privilege, on the end of the story rather than on the health care system. It’s there in the Attorney General has to abide by the full story. And today, the first time their community. These are the com- that decision. ever in the history of this Nation, this munity clinics that are so critically And despite all those facts, today on body voted to hold in contempt a Cabi- important in providing the health care the House floor the Republican major- net official on a half-baked, insuffi- that Americans need. The call for re- ity, instead of dealing with jobs, in- cient investigation that purposefully peal kills these clinics. These clinics stead of dealing with health care, in- ignored calling witnesses that were ac- will die if this bill is repealed. stead of dealing with renewing the stu- tually engaged in the Fast and Furious So out across the State, even in the dent loan interest rates, which are operation and who were responsible in most conservative part of my new dis- about to double; instead of dealing the Phoenix office for that operation. trict, Colusa County, there are clinics with the transportation bill, which is b 1820 that are dependent upon this legisla- about to expire, we go do a witch hunt tion and will be able to continue as a on Eric Holder. It’s really too bad. It was a farce. It was a political result of the Affordable Care Act, found Any thoughts on this issue you care event, and we walked out. Not a good by the Supreme Court, including Chief to share? day. Justice Roberts, to be constitutional. Mr. GARAMENDI. Well, I do. And And as you said a moment ago, there This is constitutional. The legislature, like most of my Democratic col- are things we must do. Men and women Congress, and the Senate and the leagues, we just walked out of this and families across this country are President have the power to solve one Chamber and said this is not worthy of hurting. They’re unemployed. They of the great America dilemmas: The the dignity of the House of Representa- want jobs. They want to go to work. health care system. tives. And we weren’t going to honor Transportation, where’s the transpor- Over time, we’ll change this. We’ll this process with our presence. tation bill? We never did get one out of make modifications. Among those Let’s go back here. The Fast and Fu- this House that was meaningful. We modifications ought to be an expansion rious programs actually began in the just passed a little thing so we can get of Medicare, which is efficient, effec- George W. Bush administration, I to conference. It had nothing in it, but tive, and universally available to every think, around 2005, 2006. And there were it allowed us to go to conference. American over the age of 65. How good two iterations of it, two different Where’s that bill? How about student it is. How hard and how determined projects that were underway out of the interest rates, where’s that bill? And people are—if I can just live to 65, I’ll Phoenix office of the ATF. And they what about the jobs program? have Medicare. It’s a great program. were trying to find out who the gun- What if the September 2011 proposal We ought to expand it. We ought to runners were. We’ve all watched the that President Obama put forward, the make it universal. Western movies and the gunrunners. American Jobs Act, what if we had Mr. ELLISON, I don’t know how much Well, there are American gunrunners taken that up? Three million, 4 million time you have. that were running guns to the narco Americans would be working today. Mr. ELLISON. We’ve got about 30 folks in Mexico. We wanted to find out What if we had done that? But it didn’t minutes or so. what is going on here, where are these happen. Our colleagues on the Repub- Mr. GARAMENDI. Well, there are guns coming from. And that was, once lican side refused to bring it up in this things we can talk about. again, during the George W. Bush ad- House and refused to allow it to be Mr. ELLISON. I would actually like ministration and had gone on for 2, 3 brought up in the Senate. That’s sad. to take up what happened with Eric years. That’s a very sad thing for America. It Holder today. The Obama administration comes in. is one of the great ‘‘we should haves,’’ Mr. GARAMENDI. Let’s talk about Eric Holder is chosen as Attorney Gen- but we were prevented from doing so. that. eral. And the program continued. The Mr. ELLISON. Well, Congressman, I Mr. ELLISON. The Holder case, Eric tragedy occurred. An agent was killed. have some obligations that require me Holder, when he came in office, this And from there, Fast and Furious—this to curtail our hour a little early. You program, the Fast and Furious, was on- is now what we call the walking of the can carry on if you like. going. It was a gunwalking program. guns—became known. Eric Holder shut Mr. GARAMENDI. Well, I, too, must The original theory was that if you put it down. In that process, a letter was go. But I thank you very much for al- some guns into the stream of com- written to the Senate committee say- lowing me to talk about three very im- merce, then you can find out who’s ing that it didn’t exist. Clearly, an portant things. I appreciate that, Mr. buying them, who’s selling them, and error, I am told. But this House doesn’t ELLISON. try to get to the bottom of some of know today. Never investigated by the Mr. ELLISON. You are famous for these cartels that trade in illegal guns, committee. But I am told that there nailing the need for a greater invest- straw purchasers and so forth. Well, it was information that the office in ment in manufacturing and supporting was a poorly conceived plan, and trag- Phoenix, Arizona, misled the office in American jobs, and I thank you for all edy occurred. A border enforcement of- Washington, D.C., and a letter was sent of the great work you’re doing. ficer, Officer Terry, was killed as a re- forth that was incorrect. That should Mr. GARAMENDI. You must mean sult with one of these guns. We all be the subject of the investigation: Make It in America. Spend our tax pause in his honor and offer our sincere What happened here; what actually money on American-made equipment condolences to his family. went on in Arizona. and jobs, not on Chinese or Japanese or When Attorney General Holder found Not one witness from the actual op- anybody else, but on American jobs. out about this program, he shut the eration was called to testify. Not one. We can do that. program down. But then, of course, as So this is really a very strange and Mr. ELLISON. We can do it. facts came to light, it is a legitimate botched investigation. If you want to Let me wrap up by saying it has been source of investigation. And he sub- get to the bottom of it, you’ve got to a great evening, a great day for the mitted to nine hearings, 8,000 pages of talk to the people that actually did it. American people. The Affordable Care documentation. But when it finally got It didn’t happen. The Democrats on the Act has been vindicated in the Su- down to it, when there was information committee demanded several times: preme Court. Unfortunately, the day is that was of a deliberative nature—not Bring forth the people who did the Fast somewhat marred by the unfortunate on the facts of what happened to Offi- and Furious from the Bush administra- behavior of the majority in trying to cer Terry, but just exchange of infor- tion into the Obama administration. go after Eric Holder. Nonetheless, it’s mation—and pending criminal informa- Bring them forward. Get their testi- another day in Washington. tion, which everyone in this room mony. Find out what happened. Find The Progressive Caucus will be back should know is not for public consump- out about the communications between next week. Thank you very much.

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00267 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H4426 CONGRESSIONAL RECORD — HOUSE June 28, 2012 I yield back the balance of my time. Mr. Speaker, I would like to first the monetary penalty for failure to pay f yield to the gentleman from New Jer- is in fact a tax or not. But even if we sey (Mr. GARRETT) to get his insights accept the penalty as a tax, as the APPOINTMENT AS MEMBER TO on today’s decisions. Court has rewritten the law to be, such UNITED STATES-CHINA ECO- Mr. GARRETT. Mr. Speaker, I thank a tax is still unconstitutional for many NOMIC AND SECURITY REVIEW Mr. GRAVES for leading the floor to- reasons. COMMISSION night on this very important matter. First, the Constitution lays out three The SPEAKER pro tempore. The He joins me, I’m sure, in saying that types of permissible taxes. This tax is Chair announces the Speaker’s ap- we’re all extremely disappointed that not accessed on income, so it is uncon- pointment, pursuant to section we have to come to the floor tonight stitutional in that regard. This tax is 1238(b)(3) of the Floyd D. Spence Na- and that the Supreme Court ruled not assessed uniformly and is triggered tional Defense Authorization Act for today that the Commerce Clause does by economic inactivity so it is uncon- Fiscal Year 2001 (22 U.S.C. 7002), as not support the individual mandate, stitutional in that regard. And the tax amended, and the order of the House of but it may be upheld within Congress’s is not apportioned among the States by January 5, 2011, of the following mem- power to lay and collect taxes. population, so it is unconstitutional in ber on the part of the House to the So what we have found today is that that regard. United States-China Economic and Se- Congress cannot use the Commerce Even more importantly, the Con- curity Review Commission for a term Clause to compel you to do something. stitution does not grant Congress an to expire December 31, 2014: But, instead, Congress can tax you into independent power to tax for any pur- Mr. Peter Brookes, Springfield, Vir- submission. It should have been crystal pose that it wants. Taxing to provide ginia clear that the Commerce Clause, which for the general welfare does not mean f grants power to Congress to enforce there is limitless power of Congress to SUPREME COURT HEALTH CARE free trade pacts amongst the States, tax. Rather, it means that a tax must DECISION could not use that clause to regulate be for a national purpose to achieve the The SPEAKER pro tempore. Under it. ends that are outlined within the enu- the Speaker’s announced policy of Jan- If Congress can force you to purchase merated powers. uary 5, 2011, the gentleman from Geor- a product, then there is nothing gov- Now, this is not only my view; this gia (Mr. GRAVES) is recognized for 60 ernment cannot force you to do. This was the view of James Madison, who minutes as the designee of the major- would have been a violation of your in- ought to know a little bit about the ity leader. dividual liberties as well as the con- Constitution since he is the man most Mr. GRAVES of Georgia. Mr. Speak- stitutional doctrine of enumerated responsible for it. er, I rise today with a group of col- powers in which Congress is only given There is nothing about the individual leagues of mine to speak in contrast to few and specific powers. mandate defined as a tax that is sanc- what we just heard. It is shocking to As the Supreme Court’s syllabus of tioned by the Constitution. me, not only the news of today and the this case states: But we have strayed far from the continuation of the overreach of the The Framers knew the difference between Constitution of the Founders. No Federal Government, but to hear col- doing something and doing nothing. They longer is the ability to tax constrained leagues on the other side of the aisle gave Congress the power to regulate com- by the limits imposed by that great who are advocating for the Progressive merce, not to compel it. Ignoring that dis- document. The growth and power of Caucus, the progressive movement in tinction would undermine the principle that this government would render it not the Federal Government is a government of only unrecognizable, but also repulsive this Nation celebrating, truly cele- limited and enumerated powers. brating the Supreme Court ruling of to the Founders. But the Supreme Court instead told today which allows the Federal Gov- Madison and his fellow revolution- ernment to continue reaching into the us that Congress has the power to tax aries worried about the growth of gov- homes of American families all across and tax and tax until you submit to it. ernment and the yielding of liberty. this country in a way that has never Is this at all consistent with the The writings they left for posterity are been done before, and granted so much founding principles of this country? full of warnings about the fragility of more taxing power that has never been Did those brave patriots who fought in limited government. Madison believed granted before, and yet they celebrate. the Revolutionary War and faced es- Republican governments would perpet- And they used a lot of different trangement from their families, who ually be on the defensive against the terms, like ‘‘charting the new course.’’ endured British cannon fire and mus- encroachments of aspiring tyrants. That was a phrase that was used by the ket fire, weathered freezing winters John Adams agreed when he said, ‘‘De- Progressive Caucus here just a moment and blazing summers, marched without mocracy never lasts long.’’ ago—charting the new course. One has shoes, slept without blankets, and suf- And perhaps the most famous quote to wonder: What is this new course? It fered perpetual starvation all so that of all was Ben Franklin at the Con- has been a course that the progressive Congress could tax the people to form stitutional Convention when he said we movement has been on now for nearly their behavior in Congress’s image? have produced ‘‘a republic, if you can a century; and today they are cele- Did the Founders, who objected to keep it.’’ brating that course continuing to be the Stamp Act, the Sugar Act, and the And now, 225 years later, we have ar- charted, and that is a course of more Declaratory Act, which led our great rived at this moment. government and less liberty. And that Nation to revolt, risk the charge of We should strive to restore the free is what this decision was all about treason and put their lives, fortunes, society of our Founding Fathers that today. It was about empowering gov- and sacred honor at risk, all so that they fought for. If liberty is our goal, ernment and not empowering the they could replace one King who de- the Supreme Court has failed the American people. It is about creating manded more taxation, and now re- American people. And so although we more government and less liberty. place it with a President who demands come here tonight extremely dis- That’s what the decision reflected more taxation? No. appointed that the Supreme Court did today. We are Americans, citizens of a con- not rise to the defense of the Constitu- I am joined today by many good stitutional Republic where individual tion, I can take solace with the knowl- friends here in the House of Represent- liberty is our birthright, won by our edge that the people of this country atives who are on the side of liberty. Founding generation’s sacrifices. We will. They’re on the side of the American are not and shall never be mere sub- taxpayers, and they’re on the side of jects of a government that can tax its b 1830 the private sector. They believe in free way to tyranny. And disturbing as it is, See, the Americans of this country markets and capitalism and profits and there are many problems with this ma- revere the Constitution, and they will success and dreaming, and they don’t jority Court’s rationale. not let it be trampled upon. They long think that the Federal Government has You see, the Obama administration cherish their liberties. They will not to get in the way of any of that. has been confused as to whether or not surrender them without a fight.

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00268 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE June 28, 2012 CONGRESSIONAL RECORD — HOUSE H4427 Since the enactment of ObamaCare, I go to judicial conferences—about how So he goes on to conclude that since have seen the tireless efforts of patri- to write opinions and things, never to Congress says in ObamaCare, the Af- ots, both in my district, in the State, the level of the United States Supreme fordable Care Act—boy, is that a mis- and across the country, trying to re- Court. But as a certified member of the nomer, the Affordable Care Act—since peal ObamaCare. I am inspired by their United States Supreme Court Bar, you Congress calls it a penalty, then Jus- passion, by their determination to de- follow the holdings of the courts. tice Roberts and the majority say it’s fend the Constitution. This generation So it’s been with great interest, after not a tax; it is a penalty. of Americans will not allow history to I got my wind back from having found So around page 15 or so, 15, 16, they say that we presided over the demise of that Chief Justice Roberts wrote the come around and say—I guess, 15, okay: the American experiment in limited opinion for the five-person majority, Congress made clear that the penalty government. okay, so we start going through the is what it is—not a tax. Therefore, the Now, it is true that the struggle opinion. Let’s see how in the world he Anti-Injunction Act does not apply, so against ObamaCare has been long and came to this conclusion. our Court has jurisdiction. As he says, difficult and sometimes met, as today, Well, I’ll be very brief in jumping the Anti-Injunction Act, therefore, with disappointing results. But for through, even though it’s a very long does not apply to this suit since it’s a those of us who still believe in our opinion, including the dissents. But the penalty and not a tax. Therefore, as he founding principles, I offer some advice first thing that the Court had to con- says, we may proceed to the merits. from Thomas Jefferson, who said, ‘‘The sider is the Anti-Injunction Act that Okay. So he clears it’s a penalty; it’s ground of liberty is to be gained by was passed by Congress years ago that not a tax. Because if it’s a tax, they inches.’’ makes very clear that the Supreme can’t do anything; they’ve got to throw So we stand here tonight all to- Court cannot take up any issue regard- it out. Okay. So it’s a penalty, not a gether, pledging to work alongside the ing a tax unless the tax has actually tax. people of this great Nation who will been levied and someone required to So then he goes on, after page 16, he fight inch by inch in defense of the pay the tax, and then someone against goes on in the majority opinion to dis- Constitution, and we will repeal whom the tax has been levied—required cuss this issue of whether or not it vio- ObamaCare. Mr. Speaker, ObamaCare to pay that tax—files suit, that person lates the Commerce Clause, this pen- must be repealed entirely, because if it then has standing. Well, under alty. He comes to the proper conclu- is not, the constitutional Republic and ObamaCare, if the mandate is a tax, sion that if Congress can mandate a the safeguards of our natural rights the penalty is a tax, then the Anti-In- penalty for not buying a product, through limited government will be junction Act would kick in and no one there’s nothing to stop Congress from lost. would be allowed to have standing be- intruding in every area of individual Mr. GRAVES of Georgia. I thank the fore the Federal district court, court of Americans’ lives. gentleman from New Jersey for your appeals, and certainly not the U.S. Su- It’s mentioned in this opinion that inspirational remarks reflecting back preme Court. the main purpose—one of the two main on the history of this country and the So the first thing the Supreme Court purposes is to bring down the cost of great leaders and the Founders and the had to get past was the issue of: Is this health care. The Supreme Court thinks principles which this Nation was based penalty a tax? Because if it’s a tax, that’s a legitimate reason to pass an upon. While the erosion continues—and then the Supreme Court must throw act, bring down the cost of health care. we’ve seen more of it even today with this case out, announce that the plain- But Justice Roberts and the majority the ruling—the resolve is even strong- tiffs in these cases have no standing— decide it would violate the Commerce er. and will not until around 2014—until Clause, because if you can force indi- So to those that may be listening or such time as the tax is levied. vidual Americans to buy a particular watching, you can know that there is a So the Court goes through, and if product in order to bring down the cost group of Members in the House of Rep- anybody prints out the decision, you of health care, you can order anything. resentatives that are not going to let can look at pages 11 through 15 specifi- You and I can be ordered to join a gym up, that are going to be fully resolved cally where they discuss the Anti-In- and to start exercising X number of to repealing ObamaCare in its entirety, junction Act. They point out just, in hours a week. pulling it out, each and every root of essence, what I have hopefully clari- We’re told that the Federal Govern- this legislation, and empowering the fied: If it’s a penalty, then the Court ment does not monitor debit card and people and not empowering govern- can take it up. If the penalty that you credit card purchases—although, sup- ment. Because, why? Because this is must pay for not buying the insurance posedly it could. Well, if it has a duty not a government of the Court, by the is a tax, then this case goes out, no Su- to bring down health care costs and it Court, or for the Court. This is a gov- preme Court decision for at least 2 to 4 has the ability to watch your pur- ernment of the people, by the people, years. chases, and, under ObamaCare, the and for the people, and I am convinced So Chief Justice Roberts—brilliant Federal Government, through their re- that the people will have their voice man, there’s no question he’s a very lationship with General Electric— heard in the next few months. brilliant intellectual—he indicates this sweetheart deal they did with GE— So as we heard from the progressives and says: they’re going to hold everybody’s med- earlier in their continued march down Congress’s decision to label this exac- ical records. So if they’re holding this new chartered course of more gov- tion a penalty rather than a tax is sig- everybody’s medical records, then I ernment and less liberty, we are thank- nificant because the Affordable Care don’t know why they wouldn’t go fully joined tonight by a great friend of Act describes many other exactions it ahead and monitor everybody’s choles- liberty and a great advocate of liberty, creates that are taxes. terol rate, blood pressure, things like and that is Louis Gohmert from Texas. And he says this: that. I’d like to yield to the gentleman Where Congress uses certain lan- from Texas. guage in one part of a statute and dif- b 1840 Mr. GOHMERT. I sure do appreciate ferent language in another, it is gen- And so it could conceivably get to my friend from Georgia. He is an abso- erally presumed that Congress acts in- the point where, gee, you get a letter lute patriot, standing for truth, jus- tentionally. from the government that says, we notice, and what used to be the American So he goes on and he says: tice your cholesterol rate’s up to 250 or way. It is, according to the Supreme The Anti-Injunction Act and the Af- so and we notice you bought bacon this Court, not so much anymore. And I ap- fordable Care Act are creatures of Con- weekend. What were you thinking? You preciate the gentleman for yielding. gress’ own creation. How they relate to know, you’ve got to take that back. I’ve been going through this decision, each other is up to Congress, and the You can’t keep bacon. and having been an attorney—and I’ve best evidence—the Supreme Court’s Anyway, there’s no limit to what been a prosecutor and a judge and a words, Justice Roberts’ words—the best Congress can do to intrude in people’s chief justice. It was a small, three- evidence of Congress’ intent is the stat- lives. And I’d point out to my friend judge court, but you learn things—you utory language, the statutory text. from Georgia, liberals are constantly

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00269 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H4428 CONGRESSIONAL RECORD — HOUSE June 28, 2012 on the protection of bedroom privacy After finding that it’s not a tax, it’s It doesn’t make sense that a man rights. I really thought that once they a penalty, then Chief Justice Roberts that smart would have a product this fully examined the potential effect of comes over to page 39 and he says, the poor, using first person, criticizing an- ObamaCare, they would be standing joint dissenters argue that we cannot other justice in the majority with him, down here with you and me and my uphold section 5000(a) as a tax because then saying what he would do. Well, he other friends hear, Louisiana, Georgia, Congress did not ‘‘frame it’’ as such. is doing, he’s writing the majority they’d be out here saying, wait a And then he goes on and he says, la- opinion. He has no business saying minute. If the government has the bels should not control here. that. right to order us to do or not do acts or What? He just said before, Congress’ And then he goes through, it says the buy or not buy products for the sole own expressed written intent is the States also can end Medicaid, expan- purpose of bringing down the costs of best evidence of what their intent is. sion exceeds authority under the health care, there are studies that say And yet, now he comes over here, page spending clause. But basically he some certain relational activities cre- 39 and says, wait, wait, wait. We have comes back and upholds it, and then ate more risk for health care problems to look at what the intent is, but labels strikes down that you can’t force the than others, so if this is true, the Fed- should not control. States to do these things. eral Government would have the right So then he goes through and makes But, I remind my friends, the Presi- not only to invade the kitchen and the this ridiculous argument that it is a dent says it’s absolutely not a tax. The bathroom, but head straight to the tax. And he says over here, page 44, the only way this bill gets upheld is if the bedroom and dictate people’s rights. Affordable Care Act’s requirement that Supreme Court finds it is a tax after I didn’t want to go there, and I felt certain individuals pay a financial pen- they find jurisdiction by saying it’s not like once we found out that Chief Jus- alty for not obtaining health insurance a tax. tice Roberts makes clear, this is a pen- may be reasonably considered as a tax But this is the same President who alty, not a tax, it violates the Com- because the Constitution permits such said, if you like your health insurance, merce Clause to force people to buy a tax. It’s not our role to forbid it or to you’re going to keep it. He said, if you product like this, you would think that pass upon its wisdom or fairness. like your doctor, you can keep your would be the end of it. But then, one of the big mysteries in doctor. We found those were lies. But then Chief Justice Roberts goes this brilliant man’s opinion for the ma- He said, it’s going to bring down the on, and it doesn’t make sense because jority uses the first person pronoun, I. cost of health care. In every indication then he begins to say, well, it violates Now, you know, anybody that’s been a we’ve seen, insurance has dramatically the Commerce Clause, but does it vio- judge, normally you go to judicial con- gone up. And I get tired of hearing peo- late the Tax-and-Spend Clause? ferences, you have seminars, you have ple say, because their memories are And then he goes through and makes training in writing style. If it’s an indi- poor in here across the aisle, well, look a case for saying, it’s not a penalty, vidual judge, sole court opinion, then at the good things in here. Twenty-six it’s a tax. And he’s already told us that you’ll write it one way. If it’s a mul- year olds can be on their own parents’ the best way to tell what it is is to tiple justice opinion you write it an- insurance. Gee, you can buy insurance look what Congress called it. And I other way. across State lines because of us. We’ve think, in this case, not only look what You see first person pronoun I in dis- taken care of the unfairness that some Congress called it, look at what the sents, even though it’s really not the insurance used with preexisting condi- President called it. best grammar to use pronouns in dis- tions as an exclusion. I just happen to have a partial ex- sents. But you don’t see them in well- But I would encourage my friends, I cerpt or an excerpt from the transcript written majority opinions. And Chief know my colleagues here remember, of a show the President did with his Justice Roberts is one of the best lin- back when they had the House, they friend, George Stephanopolous. And guists we’ve had on the Court. had the Senate majority, they had the Stephanopolous is asking him about it And he takes Justice Ginsberg to White House, Republicans, many of us and said, you know, under this man- task a few different places in the ma- begged them, let us do some bipartisan date, the government’s forcing people jority opinion, and yet, she is one of bills together because we can agree. to spend money, fining you if you his voting justices to support the ma- It’s not a problem to let 26-year olds don’t. How is that not a tax? jority. That doesn’t make sense. stay on your parents’ insurance. Heck, Well, President Obama goes on and You don’t normally see one justice the insurance companies love that be- he lays out all this weak gibberish, and writing the majority opinion take off cause they are usually healthy. It’s not eventually gets—Stephanopolous inter- and criticize someone who’s voting a big cost. So we were going to be able rupts him and says, okay, that may be, with him. That doesn’t make sense. to agree on that. but it’s still a tax increase. And the But here at page 44 he says, Justice It was a Republican, heck, John President said, that’s not true, George. Ginsberg questions the necessity of re- Shadegg is the first one I ever heard For us to say that you’ve got to take jecting the government’s commerce saying you’ve got to sell insurance responsibility to get health insurance power argument, given that section across State lines. That was a Repub- is absolutely not a tax increase. 5000(a) can be upheld under the taxing lican idea, so of course most of us sup- The President also says, nobody con- power. ported that. siders that a tax increase. He says, Chief Justice Roberts, ma- He’s not done making clear the will jority opinion, but the statute reads b 1850 of the Congress and of the President, more naturally as a command to buy As for the preexisting conditions, who pushed this bill to make it his insurance than as a tax. So now he’s most of us are aware of circumstances shining bill that he had passed through back to what he originally said before in which insurance companies have Congress. Stephanopolous goes on and he says it is a tax. been grossly unfair in using that exclu- says, I want to check for myself, but And then he says this: And I, Chief sion. We were prepared to reach some your critics say it’s a tax increase. Justice Roberts, would uphold it, talk- agreements and have bipartisan, stand- President Obama says, my critics say ing basically of future perfect tense. I alone bills. I know that my friend Dr. everything is a tax increase. would uphold it as a command if the PRICE out here had some concern about Stephanopolous: But you reject that Constitution allowed it. I would uphold health care, his having devoted his life it’s a tax increase. it. to it before government, trying to fix President Obama says, I absolutely He’s writing for the majority. There’s what government had done to health reject that notion. Not a tax increase. no reason for him to have the first per- care. People have been concerned about So you would think that if Chief Jus- son pronoun ‘‘I’’ there. It doesn’t make it. We were willing to agree on these tice Roberts and the majority, the sense. I don’t know. Maybe this part he things, but they would not have it. other four, are going to uphold the was writing as a dissent, and all of a So to say without ObamaCare we President’s prize bill, he might accept sudden found himself in the majority, don’t have these other things is simply what the President said he’s done in and amazingly, nobody caught this not true, and it forgets current history. this bill. But oh, no. problem of style in writing the opinion. We were ready to agree on standalone

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00270 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE June 28, 2012 CONGRESSIONAL RECORD — HOUSE H4429 bills. They didn’t want a bipartisan In just thinking about the difference street from here, they said that, even agreement. They wanted the whole between ‘‘tax’’ and ‘‘penalty,’’ I guess though you have a right to do some- brass ring and to shove it around our one way to find out is, who do you send thing, the decision to exercise that heads, around our necks, and eventu- the check to, right? I mean, where is right will incur a tax. The decision to ally down our throats, and that is what the bill coming from? I imagine it’s exercise that right, said the Chief Jus- has happened. I’ve been amazed at how going to be from the Internal Revenue tice of the U.S. Supreme Court, will many people have picked up laws and Service. I remember being on the Ap- incur a tax. started reading them, and I would en- propriations Committee and having the Can you imagine the limitless possi- courage them to read this opinion. It’s IRS before us. It was wanting hundreds bilities for Washington? Why not ex- a very, very strange opinion. It con- of millions of more dollars to hire more tend this interpretation to other parts tradicts itself on so many levels. people for the implementation of of the Constitution? For example, why ObamaCare takes away religious ObamaCare, and now we all know why, not tax the exercise of your First freedom. I’m Baptist. I see what and we know what that agency or that Amendment rights? they’re doing to the Catholics, and I department collects. Sure, you’ve got First Amendment don’t want to someday say, ‘‘I saw So here is the crux of the decision what they did to the Catholics, and I rights. Send your Member of Congress today: a letter, but pay a fine to the govern- remained silent,’’ and eventually there While the Court might have said, ment. That makes sense under this rul- was nobody to object when they did it well, the Federal Government can’t tell ing. Sell a newspaper or publish a blog. to me. We all have to stand together, you what to do, they can sure as heck Don’t forget to tell the IRS and the and I’m grateful to stand with my punish you through taxes if you don’t new 16,500 agents they want to hire to friends. do what they want you to do, which is enforce it. What about a right to a fair One other comment. I heard my Dem- to be followed up here by my friend and speedy trial? That’s guaranteed, ocrat friends before we spoke say, with- from Kansas (Mr. HUELSKAMP) who has but you know, that’s yours to have but out this ObamaCare bill, these clinics got some great insight. for a fee. will die. Thank you for joining us. There have been clinics before the Mr. HUELSKAMP. Thank you, Con- That’s the lack of logic. For average ObamaCare bill that helped. We have gressman GRAVES. I appreciate your Americans who love their Constitution, some in my district, and they’re doing leadership. Sometimes we wish there these are guaranteed. They’re not al- wonderful work. They need more help. had been someone like you on the lowed to be imposed if you pay the fine The best are, really, charitable institu- Court today. or the fee. tions. The clinics are not going to die. Actually, before we forget, as for one One thing in particular I want to What came from the President’s of the five votes that upheld talk about, Congressman GRAVES, is mouth and was also in his town hall ObamaCare, in any other court of law, that, in addition to this health insur- was when a woman in the White House, that Justice would have recused her- ance mandate tax, the President’s as part of the town hall, said, Mr. self. The decision might have only been health care law creates what is clearly President, at an advanced age, my 4–4. Justice Kagan should not have a religion tax. A religion tax? Yes, you mother got a pacemaker. If the doctor been in on this decision. In any other heard me right, and it’s even if you had not met her, the cardiologist was court, she would have been recused. If morally or ethically disagree with not going to let her have a pacemaker. a lawyer had refused to recuse himself something being promoted. After he met her, he said, absolutely, as a judge, he would have been vio- and she has lived years beyond that Right now, HHS Secretary Kathleen lating ethical rules. Every attorney in since she has had a pacemaker. So Sebelius and former Governor of Kan- this country knows that, including the would you consider someone’s quality sas, look at her record. Most Ameri- Chief Justice, and they said nothing. of life under your panels—we know cans would completely disagree with Do you know what? I’m not here to they don’t want to call them ‘‘death her moral views, but if you disagree talk specifically about that. You panels,’’ but whatever you want to call with her mandates of the President’s talked about taxes. Our other Con- them—will they be able to consider the health care plan, it doesn’t matter. gressman friend did as well. quality of life that people have before You will still have to pay for it. If you In this bill, there are 21 tax increases they agree or disagree to let them have dare to follow your conscience and, by the definition of the Court, but I a procedure? maybe, actually practice your faith or The President beat around the bush want to talk about two in particular no faith whatsoever and refuse to par- as he did with Stephanopoulos—and because I believe, when we look back ticipate, you will be fined. Why? You you can find the transcript. It’s avail- on the American system of a once lim- will be taxed because of what you be- able on the Net—and ultimately said, ited government, this day, June 28, lieve and your desire to live it out. You You know, maybe we’re just better off 2012, will stand as the definitive date in will be forced to give your hard-earned telling your mother to take a pain pill. the advance of government tyranny. In money to the IRS in Washington, D.C., You don’t get a pacemaker. You don’t today’s ruling, a slim majority of the because of what you believe. That, my get these additional years of life. You Court turned the Constitution on its friends, is a religion tax. It’s a faith get a pain pill. head and ruled that the Federal Gov- tax. It’s a direct attack on our freedom So, when our friends across the aisle ernment, in effect, can force upon the of religion. tonight say that the clinics will die, I American people anything it darned Now, today the Court didn’t rule on would humbly submit that, based on well pleases so long as it’s called a that. There are dozens and dozens and the President’s own words, it’s not the ‘‘tax.’’ dozens of lawsuits coming on about the Let’s not forget that, when our clinics that will die under this bill. HHS mandate coming out of Founding Fathers put everything on I thank you so much for your gen- ObamaCare. This is the start: a tax on the line, risking life, limb, and prop- erous yielding of so much time. It’s a religion. bad opinion, and I appreciate having erty to make us an independent Na- I have an employer who sent me an the time to walk through some of it. tion, they did so in order to ensure that Mr. GRAVES of Georgia. I thank the no man was taxed without representa- email. He said, Well, Tim, everybody is gentleman from Texas for walking us tion. They also asserted that every talking about the individual mandate. through the opinion. man and woman has inalienable rights What about the employer mandate? I I hope all those who are viewing this that are not to be violated by the gov- don’t want to cover abortions for my understand that this is about a tax ernment. They enshrined these con- employees. I refuse to participate. now. This is a new taxing authority, in cepts in the Declaration of Independ- He will be fined $3,000 at a minimum essence, a broadening of the taxing au- ence and, ultimately, in our Constitu- for every single employee. Why? Be- thority. As Mr. GOHMERT brought up, tion. cause of what he believes. this is unheard of. We will now have a Today, in my opinion, the Supreme That’s why we started this country— Federal Government that can do what- Court offered a perverse interpretation for freedom to believe as we ought, not ever it wants to do through taxation. of the Bill of Rights. Just across the as the government or as the king or as

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00271 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H4430 CONGRESSIONAL RECORD — HOUSE June 28, 2012 the Chief Justice would have us be- We’re leading the world, and now is now to turn to its taxing power, as Mr. lieve. But they didn’t address this di- the time to take back our government, HUELSKAMP said. rectly in this decision; they’ll be com- take back our Constitution, and take This law was sold to us as a mandate ing. This is a shocking attack, I be- back power out of Washington, D.C. and not a tax. It was reaffirmed by the lieve, on the first supreme right in the I appreciate the leadership of the President that this is not a tax. Yet, First Amendment, which is the right to gentleman from Georgia. when the arguments were made to its believe in and follow the God one Mr. GRAVES of Georgia. I thank the constitutionality, this administration chooses. gentleman from Kansas for your words. took the position that it was a tax, and the Court agreed. b 1900 Regarding unintended consequences, I can tell you there are going to be an Let’s see the taxes. In 2010, an excise The Supreme Court may not have amazing amount of unintended con- tax on charitable hospitals was en- dealt ObamaCare the death it deserved, sequences with the Affordable Care acted; the codification of the economic but it’s incumbent upon each and every Act, which I’m not sure that we can substance doctrine; a tax hike of $4.5 one of us here in Congress and each and call it that anymore. I think it’s more billion was implemented; a black liq- every American. I would have loved to like the Limited Care Act. It’s the uor tax hike, a tax that increases on have witnessed a home run, knock it Very Expensive Care Act. the type of biofuel; a tax on innovator out of the park and say it’s clearly un- For the Progressives that were here drug companies was enacted; a constitutional. Again, if Justice Kagan earlier—and I know many folks lis- BlueCross/BlueShield tax hike was en- had been ethical, it would have been a tened to them—they were celebrating. acted; a tax on indoor canning services 4–4 decision. They didn’t worry about They were excited. They were happy, was enacted; a medicine cabinet tax, so that. Ethics doesn’t matter. It’s just gleeful; whereas, we’re lamenting but that Americans are no longer able to the end. It’s kind of the Progressive resolved to do away with this once and use their FSAs, flexible spending ac- Caucus approach. The end justifies the for all. counts, or HRAs, their health reim- means, but not in America. Why would they be gleeful? Because bursement pretax dollars to purchase I ask all Americans to realize this de- it’s their movement. That’s what nonprescription over-the-counter medi- cision is not about health care. It’s they’ve been trying to do now for al- cine was implemented; the HSA with- about liberty. When we have created most 100 years, and that is increase the draw tax hike was implemented; a tax and designed a method by which future that will take effect this year, the em- Congresses, future Presidents, can get size of government, get it into the lives of the American people, dictate their ployer reporting of insurance on W–4s. around any limit in the Constitution— Where are they going with that, Mr. the Constitution is a limit on my behavior, and limit freedom. GRAVES? Where are they going with power, on every power of every Member I read recently that part of their agenda is to divorce the Declaration of that? in this Chamber and every Member Remember, not long ago we had a big across the way and every President of Independence and the Constitution. But to use one and to prop up on that debate about that, that now we’re the United States. That’s what the going to report to the IRS the amount Constitution does. It doesn’t empower one so they can almost sort of claim that they are for the founding of this of your insurance policy that your em- us. It takes away our power. ployer gives you on your W–4, because This Court today has said, if you call Nation—and we heard earlier when they want to tax that as income. it a tax, if you use those three words— they used the Declaration of Independ- ence: life, liberty, and the pursuit of And then taxes that will take effect even though the Chief Justice says ‘‘lain 2013: a surtax on investment income; bels don’t matter.’’ He said labels don’t happiness. They were celebrating that this was the right bill to be in law be- a hike in the medical payroll tax. matter, and then he turns around and Wait, the medical payroll tax? I says the word ‘‘tax’’ does matter. If cause of life, liberty, and the pursuit of happiness. If you can claim that with thought we had a payroll tax holiday. you do that, it makes it suddenly con- Not in 2013. We’re going to get an institutional—anything you do, includ- this legislation, there are no bounds in which you can go with this Federal crease. ing attacking the very faith that is A tax on medical device manufactur- Government, there are no limits. held by the Chief Justice himself. It ers; a flexible spending account cap As the gentleman from Kansas just says, You cannot hold that faith, Mr. that is going to affect those parents raised, this is clearly not about health Chief Justice, unless you’re willing to who have special needs kids. be fined by your own government. care. This is about freedom, and this is So those parents who have special That is a travesty of justice in this about liberty and preserving it for fu- needs kids that the other side of this country. ture generations. aisle claims to always want to rep- I would like to yield to the gen- What this means is we cannot over- resent, this health care law is now tleman from Louisiana (Mr. LANDRY). turn this with this President in the going to tax. White House. This has taken an issue, Mr. LANDRY. Thank you, Mr. An elimination of the tax deduction and people are ready to work on it and GRAVES. for employers that cover prescription Mr. HUELSKAMP was just on the say, You know what? This is going to drugs; a $500,000 annual executive com- mark. I will venture to say that to- be the issue for November 6. This is the pensation limit; an individual mandate day’s ruling actually extinguishes the choice. Do you want the government to excise tax; an employer mandate excise fire of life, liberty, and the pursuit of mandate and control everything in tax; a tax on health insurers. your lives, as long as they use that happiness. It destroys life, liberty, and And last but not least, in 2018, an ex- magic word? They love to use the that pursuit. cise tax on comprehensive health in- ‘‘tax’’ word. If you allow them to do The question today for this country surance plans, which will affect union that, you allow them to be in every can best be summed up by President employees. part of your life, which is an absolute Ronald Reagan when he said, back in This ladder of success that we had in contradiction to what this country was the 1960s, in a speech: this country has now had three rings of founded upon. Will history write that those who had it removed, because now the govern- I appreciate the leadership of many the most to lose did the least to pre- ment tells the individual, if you live in this room. I am just a freshman. I vent it from happening? below a certain poverty line, you will was not here when this debate started This is a sad and tragic day for the be given food, shelter, and now health last time, as some of these colleagues Constitution. Where are the limits of care tax free, no requirement by you who have been fighting all along. But I our government? While the Court has who is receiving these, to pay anything tell you, if the folks in the First Dis- answered that the Commerce Clause back to the government, zero. trict of Kansas are any indication of does have its limits and gives us that what Americans are saying all over, ruling, it takes away by saying that b 1910 this is the time. They’re going to dust Congress has unlimited taxing power. What is the incentive to climb? Be- off that Constitution. They’re going to Its limits are unlimited. I guess that cause the moment you start to climb, read it and say, My goodness. I don’t Congress now, when it sees fit to regu- you lose these amenities and the gov- want to lose this. It’s too precious. late an issue, an industry, need only ernment starts to take from you. So

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00272 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE June 28, 2012 CONGRESSIONAL RECORD — HOUSE H4431 the decision becomes, can I jump high but goodness gracious, they can fight the rule of law, to uphold the Constitu- enough to grab a rung so that I can to raise taxes on what we don’t do. In tion, and to adhere to those funda- then start paying back and get more of fact, if you don’t do something, then mental principles, especially in health the amenities that the government was the Federal Government can say, Oh, care—the principles of affordability giving us and I was provided? you’d better do that or we’re going to and accessibility and quality and Let me conclude as I began, by ask- raise your taxes. And that is exactly choices for the American people. ing: Will those who have the most to what the Court said today, which The bad news was written today. The lose do the least to prevent it from confounds and astounds everybody. good news is that you can solve all of happening? And as I spend time in this I was privileged to sit in the Court these challenges in health care without city, I have come to realize that the gi- today, though, and hear the reading of putting the Federal Government in ants of America who have been memo- the ruling, and Chief Justice Roberts charge of the thing. We’ve got the solu- rialized for their great contributions to said one thing that I found very, very tions. We’ve talked about them before. our society did not contribute with the interesting. He said, ‘‘It’s not our job We’ll be going on the road now talking goal of being memorialized but did to protect citizens from their political about them from now until November, what was right and just in the eyes of decisions.’’ because the American people want to the Lord, with no ego and no agenda ‘‘It’s not our job to protect citizens know that there is somebody fighting other than for the greater good. And from their political decisions.’’ And for them in this town on their behalf. that is what this country so des- that’s exactly what this was. This deci- And we are. perately needs. We need those giants. sion was fixed on Election Day in 2008. What we need from the American Mr. GRAVES of Georgia. I thank the This decision came down on Election people is for them to stand up and say, gentleman from Louisiana. Day 2008. No more. We will not tolerate a govern- You brought up one major compo- As a physician, I want to talk for a ment that will reach into our lives and nent of all this legislation. I remember very brief moment here about the in- destroy quality health care in this in one of the State of the Unions, the credible importance of Election Day country to the degree that the Court President said, We need tax reform. 2012 because, as you said, Mr. GRAVES, said it was okay to do today. Tax reform. there are a lot of things in this bill I thank my friend for the wonderful I think he got tax reform in this law. that we’re not just talking about work you are doing and for yielding me What did you say? Twenty-one new money. As a physician, I know what this time. taxes are being implemented because of we’re talking about is people’s lives, Mr. GRAVES of Georgia. I thank the ObamaCare? There are 21 new taxes, the health care of the American people. gentleman from Georgia. and yet the Progressives earlier said, And nothing could be so important, Not only are you a physician—you No, this is great for America. Free nothing could be so personal. are not here speaking on behalf of phy- health care. Affordable health care. No And what the Court said today is, Let sicians. You are here speaking on be- one has to pay. They’ll actually get the things in there stand. The $500 bil- half of patients all across this country credits back. lion reduction, the $500 billion decrease and defending them. And I appreciate Somebody’s got to pay. That’s the from the Medicare program—taking the great fight that you are putting on way this place works. Whenever the Medicare program and saying, You and the resolve that you have for each they’re promising you something, don’t need that money, seniors in this of us, as you are leading us here as Re- they’re taking from someone else. And country. You don’t need that money. publicans here in the House. you just laid out 21 different areas that We’re going to use it over here. As we go into the last 5 minutes here impact every American that the Presi- What does that mean? What that with the gentleman from Utah (Mr. dent promised he wouldn’t raise taxes means is that those seniors—your par- BISHOP), he brought up the government on. So I appreciate you doing that. ents, your grandparents, the parents right now taxes us on what we do or And next, the other component of it and grandparents of this great country, consume, but this is a first in which is, what’s left? What really was in this the people of the Greatest Generation the government can now tax you on health care law, this Big Government cited by this country, are now going to what you don’t do. That’s an amazing expansion, this overreach into the have diminished health care. concept. I hadn’t really thought of it homes of American families? A tremen- And how are they going to do it? that way until Mr. PRICE brought it up. dous amount is left. They’re not going to do it through the So now the Federal Government has I know Dr. PRICE from Georgia has front door. They’re not going to say, moved into a realm which has never been leading the fight not only against We’re going to decrease this care for been here before, saying, Hey, because this measure, but for positive patient- you transparently, openly. Oh, no. you’re not doing something, I’m going centered and patient-driven measures They’re going to do it through the to tax you. So I’m going to determine as well. And I want to thank you for backdoor, something called the Inde- what it is that you should be doing joining us and sharing with us. pendent Payment Advisory Board that that you are not doing so, therefore, I Mr. PRICE of Georgia. Thank you, we’ve talked about before, the 15-mem- can collect a little revenue. And here Mr. GRAVES, so very much. I want to ber bureaucratic panel. Nonelected in- we are today with something such as commend you for your work on this dividuals are going to have the power, this. issue and your leadership for principled under this law, to say, Dr. Smith, you As we are just wrapping up this spir- solutions, principled solutions in the can’t do that for Mrs. Jones. If you do ited discussion here, earlier, Mr. area of health care and everywhere it, we’re not going to pay you. That’s BISHOP, you heard the Progressives else. the coercive power of this government. celebrating this decision today. I know that Republicans think every That’s the coercive power that this What were they celebrating? The day is the Fourth of July and Demo- Court today said is okay. Federal Government can tax you if you crats think that every day is April 15. Well, Mr. GRAVES, you and I both do something. But today’s celebration Why would I say that? Today we’ve know that it’s not okay for us, and it’s was the fact that the Federal Govern- been highlighting it in this conversa- not okay for the American people. And ment can tax you when you don’t do tion we’re having here, because our that’s why we stand here tonight, and something. friends on the other side of the aisle be- we say with every ounce of our being I appreciate you joining us tonight lieve that every day is another day to that the election that occurred in 2008 and giving your thoughts from the raise taxes. may have written this in stone, but great State of Utah. Today the Supreme Court of the there are some sandblasters out there. Mr. BISHOP of Utah. I appreciate the United States said, If you want to raise And what we’re going to do between gentleman for yielding me a few mo- taxes, have at it. Raise them as high as now and the first Tuesday in November ments here. Truly, this is a unique day. you want. In fact, the Democrats are so is to make certain that the American And I’m happy to join my colleagues in incredibly happy this day because it’s people understand and appreciate that talking about this particular issue. not just that they can now raise taxes there are folks in this town who are You know, the old cliche is simply, a or fight to raise taxes on what we do, fighting as hard as we can to uphold Supreme Court decision should not be

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00273 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H4432 CONGRESSIONAL RECORD — HOUSE June 28, 2012 confused with constitutional prin- States to be involved in this discussion the Highway Trust Fund pending enactment ciples. Today we had one case brought because it impacts those States. Right of a multiyear law reauthorizing such pro- by States to the Supreme Court. And now, they simply have to accept what grams, and for other purposes, having met, the administration has always said, takes place here in the rarified air by after full and free conference, have agreed to recommend and do recommend to their re- This ObamaCare is not a tax. It is not the Potomac River. spective Houses as follows: a tax. But, indeed, if we gave the States a That the House recede from its disagree- Well, the Court said, on five of the tool so if enough States were to ban to- ment to the amendment of the Senate to the nine decisions, Yes, it is a tax. And I gether to say, No, we disagree with this text of the bill and agree to the same with an guess it’s legal if you call it a tax. Four rule, we disagree with this regulation, amendment as follows: of the nine said not even that’s good we disagree with this law, we even dis- In lieu of the matter proposed to be in- enough; but, nonetheless, it’s a tax. agree with this Supreme Court deci- serted by the Senate amendment, insert the sion, the States would have the ability following: b 1920 SECTION 1. SHORT TITLE; ORGANIZATION OF ACT to add a new check and a new balance INTO DIVISIONS; TABLE OF CON- It’s appropriate that we talk about to make sure that the common people that power of taxing because the most TENTS. of this country have some kind of voice (a) SHORT TITLE.—This Act may be cited as famous of all cases, McCulloch v. in these decisions. the ‘‘Moving Ahead for Progress in the 21st Cen- Maryland, which was one the major de- I think one of the things we should tury Act’’ or the ‘‘MAP–21’’. cisions actually made in this particular learn from today’s decision is that we (b) DIVISIONS.—This Act is organized into 8 building, simply said the power to tax desperately need another check and divisions as follows: is the power to destroy. And we have balance in our process to make fed- (1) Division A–Federal-aid Highways and Highway Safety Construction Programs. that in front of us right now. eralism a realistic and real term, and I don’t think we should’ve expected (2) Division B–Public Transportation. that means to involve the States in judges to do what the legislative (3) Division C–Transportation Safety and Sur- giving them some powers to have real branch—in this case, Congress—ought face Transportation Policy. decisions, not so they have to come to (4) Division D–Finance. do. And I think it’s positive that we us as they have so far, begging, but so (5) Division E–Research and Education. move forward in this effort to make they can actually have a say. I think (6) Division F–Miscellaneous. sure that this program does not go into we would be better off as a Nation if we (7) Division G–Surface Transportation Exten- effect and we take concerns for our sion. did it. constituents and maybe even learn (8) Division H–Budgetary Effects. This decision today, if nothing more, something from it. (c) TABLE OF CONTENTS.—The table of con- should add a resolve for us to solve a The idea of judicial review didn’t tents for this Act is as follows: political problem politically, to do it exist for the first decade and a half of Sec. 1. Short title; organization of Act into divi- here in the Halls of Congress, but this country. Marbury v. Madison sions; table of contents. maybe add another player in this proc- didn’t happen until almost 15 years Sec. 2. Definitions. ess—the States—so they also have a into the country. Washington, in the Sec. 3. Effective date. say in this power to tax, which is the Constitutional Convention, also DIVISION A—FEDERAL-AID HIGHWAYS power to destroy. thought the veto should be what deter- AND HIGHWAY SAFETY CONSTRUCTION I realize we’re coming close to time. PROGRAMS mined constitutionality, kind of execu- I want to give my good friend from tive review, and Jefferson always said TITLE I—FEDERAL-AID HIGHWAYS Georgia the chance of giving the final there should be legislative review. Subtitle A—Authorizations and Programs So I think perhaps our Founding Fa- word on this particular issue, and I ap- Sec. 1101. Authorization of appropriations. thers thought all branches should be preciate his efforts to organize this op- Sec. 1102. Obligation ceiling. involved in that kind of concept. And I portunity to talk about what has hap- Sec. 1103. Definitions. think there should be a fourth one pened today. Sec. 1104. National Highway System. Sec. 1105. Apportionment. added to it, which is the States at the Mr. GRAVES of Georgia. Thank you for your comments tonight and your Sec. 1106. National highway performance pro- same time, who started this process of gram. going to the courts. But we don’t come great insight and reflecting back on early documents and early words that Sec. 1107. Emergency relief. on this floor often and quote anti-Fed- Sec. 1108. Surface transportation program. eralists because they lost. However, I have been shared. Sec. 1109. Workforce development. Mr. Speaker, as we conclude tonight, want to today, because even though Sec. 1110. Highway use tax evasion projects. I want the American people to know they were wrong on the Constitution, Sec. 1111. National bridge and tunnel inventory that we are resolved to restore the lib- every once in a while they were right and inspection standards. erty that was lost today through the Sec. 1112. Highway safety improvement pro- on some of the concepts. full repeal of ObamaCare. That will be gram. So in the ‘‘17th Letter from a Fed- Sec. 1113. Congestion mitigation and air quality eralist Farmer,’’ written either by our focus as Republicans in the House. I yield back the balance of my time. improvement program. Melancthon Smith or one of the Lees of Sec. 1114. Territorial and Puerto Rico highway Virginia—no one really knows who ac- f program. tually did it—he talked about this idea CONFERENCE REPORT ON H.R. 4348, Sec. 1115. National freight policy. that the States, if we have the concept MOVING AHEAD FOR PROGRESS Sec. 1116. Prioritization of projects to improve freight movement. of federalism, should have some power IN THE 21ST CENTURY ACT to do some real things. He simply said: Sec. 1117. State freight advisory committees. Mr. MICA (during the Special Order Sec. 1118. State freight plans. I have often heard it observed that our peo- of Mr. GRAVES of Georgia) submitted Sec. 1119. Federal lands and tribal transpor- ple are well informed and will not submit to the following conference report and tation programs. oppressive governments, that the State gov- Sec. 1120. Projects of national and regional sig- ernments will be ready advocates. But of statement on the bill (H.R. 4348) to provide an extension of Federal-aid high- nificance. what avail will these circumstances be if the Sec. 1121. Construction of ferry boats and ferry State governments, thus allowed to be way, highway safety, motor carrier terminal facilities. guardians of the people, possess no kind of safety, transit, and other programs Sec. 1122. Transportation alternatives. power to stop the laws of Congress injurious funded out of the Highway Trust Fund Sec. 1123. Tribal high priority projects program. to the people? pending enactment of a multiyear law Subtitle B—Performance Management One of the things they quickly said is reauthorizing such programs, and for Sec. 1201. Metropolitan transportation plan- States really don’t have the concept or other purposes: ning. the power to actually involve them- CONFERENCE REPORT (H. REPT. 112–557) Sec. 1202. Statewide and nonmetropolitan selves in this particular issue. There transportation planning. The committee of conference on the dis- are some concepts that are out there. Sec. 1203. National goals and performance man- agreeing votes of the two Houses on the agement measures. The repeal amendment, which is pro- amendment of the Senate to the bill (H.R. posed by some legal scholars and has 4348), to provide an extension of Federal-aid Subtitle C—Acceleration of Project Delivery been proposed by some State organiza- highway, highway safety, motor carrier safe- Sec. 1301. Declaration of policy and project de- tions, would actually give a tool for ty, transit, and other programs funded out of livery initiative.

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00274 Fmt 4634 Sfmt 6343 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE June 28, 2012 CONGRESSIONAL RECORD — HOUSE H4433 Sec. 1302. Advance acquisition of real property Sec. 1525. State autonomy for culvert pipe selec- Subtitle A—Highway Safety interests. tion. Sec. 31101. Authorization of appropriations. Sec. 1303. Letting of contracts. Sec. 1526. Evacuation routes. Sec. 31102. Highway safety programs. Sec. 1304. Innovative project delivery methods. Sec. 1527. Consolidation of grants. Sec. 31103. Highway safety research and devel- Sec. 1305. Efficient environmental reviews for Sec. 1528. Appalachian development highway opment. project decisionmaking. system. Sec. 31104. National driver register. Sec. 1306. Accelerated decisionmaking. Sec. 1529. Engineering judgment. Sec. 31105. National priority safety programs. Sec. 1307. Assistance to affected Federal and Sec. 1530. Transportation training and employ- Sec. 31106. High visibility enforcement program. State agencies. ment programs. Sec. 31107. Agency accountability. Sec. 1308. Limitations on claims. Sec. 1531. Notice of certain grant awards. Sec. 31108. Emergency medical services. Sec. 1309. Accelerating completion of complex Sec. 1532. Budget justification. Sec. 31109. Repeal of programs. Sec. 1533. Prohibition on use of funds for auto- projects within 4 years. Subtitle B—Enhanced Safety Authorities Sec. 1310. Integration of planning and environ- mated traffic enforcement. Sec. 31201. Definition of motor vehicle equip- mental review. Sec. 1534. Public-private partnerships. ment. Sec. 1311. Development of programmatic mitiga- Sec. 1535. Report on Highway Trust Fund ex- Sec. 31202. Permit reminder system for non-use tion plans. penditures. Sec. 1536. Sense of Congress on harbor mainte- of safety belts. Sec. 1312. State assumption of responsibility for nance. Sec. 31203. Civil penalties. categorical exclusions. Sec. 1537. Estimate of harbor maintenance Sec. 31204. Motor vehicle safety research and Sec. 1313. Surface transportation project deliv- needs. development. ery program. Sec. 1538. Asian carp. Sec. 31205. Odometer requirements. Sec. 1314. Application of categorical exclusions Sec. 1539. Rest areas. Sec. 31206. Increased penalties and damages for for multimodal projects. odometer fraud. Sec. 1315. Categorical exclusions in emer- Subtitle F—Gulf Coast Restoration Sec. 1601. Short title. Sec. 31207. Extend prohibitions on importing gencies. noncompliant vehicles and equip- Sec. 1316. Categorical exclusions for projects Sec. 1602. Gulf Coast Restoration Trust Fund. Sec. 1603. Gulf Coast natural resources restora- ment to defective vehicles and within the right-of-way. equipment. Sec. 1317. Categorical exclusion for projects of tion and economic recovery. Sec. 1604. Gulf Coast Ecosystem Restoration Sec. 31208. Conditions on importation of vehi- limited Federal assistance. cles and equipment. Sec. 1318. Programmatic agreements and addi- Science, Observation, Monitoring, and Technology program. Sec. 31209. Port inspections; samples for exam- tional categorical exclusions. ination or testing. Sec. 1319. Accelerated decisionmaking in envi- Sec. 1605. Centers of excellence research grants. ronmental reviews. Sec. 1606. Effect. Subtitle C—Transparency and Accountability Sec. 1320. Memoranda of agency agreements for Sec. 1607. Restoration and protection activity Sec. 31301. Public availability of recall informa- early coordination. limitations. tion. Sec. 1321. Environmental procedures initiative. Sec. 1608. Inspector General. Sec. 31302. National Highway Traffic Safety Sec. 1322. Review of State environmental re- TITLE II—AMERICA FAST FORWARD Administration outreach to manu- views and approvals for the pur- FINANCING INNOVATION facturer, dealer, and mechanic pose of eliminating duplication of Sec. 2001. Short title. personnel. environmental reviews. Sec. 2002. Transportation Infrastructure Fi- Sec. 31303. Public availability of communica- Sec. 1323. Review of Federal project and pro- nance and Innovation Act of 1998 tions to dealers. gram delivery. amendments. Sec. 31304. Corporate responsibility for National Subtitle D—Highway Safety DIVISION B—PUBLIC TRANSPORTATION Highway Traffic Safety Adminis- tration reports. Sec. 1401. Jason’s law. Sec. 20001. Short title. Sec. 31305. Passenger motor vehicle information Sec. 20002. Repeals. Sec. 1402. Open container requirements. program. Sec. 1403. Minimum penalties for repeat offend- Sec. 20003. Policies and purposes. Sec. 20004. Definitions. Sec. 31306. Promotion of vehicle defect reporters for driving while intoxicated ing. or driving under the influence. Sec. 20005. Metropolitan transportation planning. Sec. 31307. Whistleblower protections for motor Sec. 1404. Adjustments to penalty provisions. vehicle manufacturers, part sup- Sec. 1405. Highway worker safety. Sec. 20006. Statewide and nonmetropolitan transportation planning. pliers, and dealership employees. Subtitle E—Miscellaneous Sec. 20007. Urbanized area formula grants. Sec. 31308. Anti-revolving door. Sec. 1501. Real-time ridesharing. Sec. 20008. Fixed guideway capital investment Sec. 31309. Study of crash data collection. Sec. 1502. Program efficiencies. grants. Sec. 31310. Update means of providing notifica- Sec. 1503. Project approval and oversight. Sec. 20009. Mobility of seniors and individuals tion; improving efficacy of recalls. Sec. 1504. Standards. with disabilities. Sec. 31311. Expanding choices of remedy avail- Sec. 1505. Justification reports for access points Sec. 20010. Formula grants for rural areas. able to manufacturers of replace- on the Interstate System. Sec. 20011. Research, development, demonstra- ment equipment. Sec. 1506. Construction. tion, and deployment projects. Sec. 31312. Recall obligations and bankruptcy Sec. 1507. Maintenance. Sec. 20012. Technical assistance and standards of manufacturer. Sec. 1508. Federal share payable. development. Sec. 31313. Repeal of insurance reports and in- Sec. 1509. Transferability of Federal-aid high- Sec. 20013. Private sector participation. formation provision. way funds. Sec. 20014. Bus testing facilities. Sec. 31314. Monroney sticker to permit addi- Sec. 1510. Idle reduction technology. Sec. 20015. Human resources and training. tional safety rating categories. Sec. 1511. Special permits during periods of na- Sec. 20016. General provisions. Subtitle D—Vehicle Electronics and Safety tional emergency. Sec. 20017. Public Transportation Emergency Standards Sec. 1512. Tolling. Relief Program. Sec. 31401. National Highway Traffic Safety Sec. 20018. Contract requirements. Sec. 1513. Miscellaneous parking amendments. Administration electronics, soft- Sec. 1514. HOV facilities. Sec. 20019. Transit asset management. Sec. 20020. Project management oversight. ware, and engineering expertise. Sec. 1515. Funding flexibility for transportation Sec. 31402. Electronic systems performance. emergencies. Sec. 20021. Public transportation safety. Sec. 1516. Defense access road program en- Sec. 20022. Alcohol and controlled substances Subtitle E—Child Safety Standards hancements to address transpor- testing. Sec. 31501. Child safety seats. tation infrastructure in the vicin- Sec. 20023. Nondiscrimination. Sec. 31502. Child restraint anchorage systems. ity of military installations. Sec. 20024. Administrative provisions. Sec. 31503. Rear seat belt reminders. Sec. 1517. Mapping. Sec. 20025. National transit database. Sec. 31504. Unattended passenger reminders. Sec. 1518. Buy America provisions. Sec. 20026. Apportionment of appropriations for Sec. 31505. New deadline. Sec. 1519. Consolidation of programs; repeal of formula grants. Subtitle F—Improved Daytime and Nighttime Sec. 20027. State of good repair grants. obsolete provisions. Visibility of Agricultural Equipment Sec. 20028. Authorizations. Sec. 1520. Denali Commission. Sec. 20029. Bus and bus facilities formula Sec. 31601. Rulemaking on visibility of agricul- Sec. 1521. Uniform Relocation Assistance and grants. tural equipment. Real Property Acquisition Policies Sec. 20030. Technical and conforming amend- TITLE II—COMMERCIAL MOTOR VEHICLE Act of 1970 amendments. ments. SAFETY ENHANCEMENT ACT OF 2012 Sec. 1522. Extension of public transit vehicle exemption from axle weight restric- DIVISION C—TRANSPORTATION SAFETY Sec. 32001. Short title. Sec. 32002. References to title 49, United States tions. AND SURFACE TRANSPORTATION POLICY Sec. 1523. Use of debris from demolished bridges TITLE I—MOTOR VEHICLE AND HIGHWAY Code. and overpasses. SAFETY IMPROVEMENT ACT OF 2012 Subtitle A—Commercial Motor Vehicle Sec. 1524. Use of youth service and conserva- Sec. 31001. Short title. Registration tion corps. Sec. 31002. Definition. Sec. 32101. Registration of motor carriers.

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00275 Fmt 4634 Sfmt 6343 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H4434 CONGRESSIONAL RECORD — HOUSE June 28, 2012 Sec. 32102. Safety fitness of new operators. Sec. 32702. Definitions. TITLE IV—SPORT FISH RESTORATION AND Sec. 32103. Reincarnated carriers. Sec. 32703. Regulations for improved occupant RECREATIONAL BOATING SAFETY ACT Sec. 32104. Financial responsibility require- protection, passenger evacuation, OF 2012 ments. and crash avoidance. Sec. 34001. Short title. Sec. 32105. USDOT number registration require- Sec. 32704. Fire prevention and mitigation. Sec. 34002. Amendment of Federal Aid in Sport ment. Sec. 32705. Occupant protection, collision Fish Restoration Act. Sec. 32106. Registration fee system. avoidance, fire causation, and fire Sec. 32107. Registration update. extinguisher research and testing. TITLE V—MISCELLANEOUS Sec. 32108. Increased penalties for operating Sec. 32706. Concurrence of research and rule- Sec. 35001. Overflights in Grand Canyon Na- without registration. making. tional Park. Sec. 32109. Revocation of registration for immi- Sec. 32707. Improved oversight of motorcoach Sec. 35002. Commercial air tour operations. nent hazard. service providers. Sec. 35003. Qualifications for public aircraft Sec. 32110. Revocation of registration and other Sec. 32708. Report on feasibility, benefits, and status. penalties for failure to respond to costs of establishing a system of DIVISION D—FINANCE subpoena. certification of training programs. Sec. 40001. Short title. Sec. 32111. Fleetwide out of service order for op- Sec. 32709. Commercial driver’s license pas- erating without required registra- senger endorsement requirements. TITLE I—EXTENSION OF HIGHWAY TRUST tion. Sec. 32710. Safety inspection program for com- FUND EXPENDITURE AUTHORITY AND Sec. 32112. Motor carrier and officer patterns of mercial motor vehicles of pas- RELATED TAXES safety violations. sengers. Sec. 40101. Extension of trust fund expenditure Subtitle B—Commercial Motor Vehicle Safety Sec. 32711. Regulations. authority. Sec. 40102. Extension of highway-related taxes. Sec. 32201. Crashworthiness standards. Subtitle H—Safe Highways and Infrastructure Sec. 32202. Canadian safety rating reciprocity. Preservation TITLE II—REVENUE PROVISIONS Sec. 32203. State reporting of foreign commer- Sec. 32801. Comprehensive truck size and Subtitle A—Leaking Underground Storage Tank cial driver convictions. weight limits study. Trust Fund Sec. 32204. Authority to disqualify foreign com- Sec. 32802. Compilation of existing State truck Sec. 40201. Transfer from Leaking Underground mercial drivers. size and weight limit laws. Storage Tank Trust Fund to Sec. 32205. Revocation of foreign motor carrier Subtitle I—Miscellaneous Highway Trust Fund. operating authority for failure to PART I—MISCELLANEOUS Subtitle B—Pension Provisions pay civil penalties. Sec. 32911. Prohibition of coercion. Sec. 32206. Rental truck accident study. PART I—PENSION FUNDING STABILIZATION Sec. 32912. Motor carrier safety advisory com- Sec. 40211. Pension funding stabilization. Subtitle C—Driver Safety mittee. Sec. 32301. Hours of service study and elec- Sec. 32913. Waivers, exemptions, and pilot pro- PART II—PBGC PREMIUMS tronic logging devices. grams. Sec. 40221. Single employer plan annual pre- Sec. 32302. Driver medical qualifications. Sec. 32914. Registration requirements. mium rates. Sec. 32303. Commercial driver’s license notifica- Sec. 32915. Additional motor carrier registration Sec. 40222. Multiemployer annual premium tion system. requirements. rates. Sec. 32304. Commercial motor vehicle operator Sec. 32916. Registration of freight forwarders PART III—IMPROVEMENTS OF PBGC and brokers. training. Sec. 40231. Pension Benefit Guaranty Corpora- Sec. 32917. Effective periods of registration. Sec. 32305. Commercial driver’s license program. tion Governance Improvement. Sec. 32918. Financial security of brokers and Sec. 32306. Commercial motor vehicle driver in- Sec. 40232. Participant and plan sponsor advo- freight forwarders. formation systems. cate. Sec. 32919. Unlawful brokerage activities. Sec. 32307. Employer responsibilities. Sec. 40233. Quality control procedures for the Sec. 32308. Program to assist Veterans to ac- PART II—HOUSEHOLD GOODS TRANSPORTATION Pension Benefit Guaranty Cor- quire commercial driver’s licenses. Sec. 32921. Additional registration requirements poration. Subtitle D—Safe Roads Act of 2012 for household goods motor car- Sec. 40234. Line of credit repeal. Sec. 32401. Short title. riers. PART IV—TRANSFERS OF EXCESS PENSION Sec. 32402. National clearinghouse for con- Sec. 32922. Failure to give up possession of ASSETS trolled substance and alcohol test household goods. Sec. 32923. Settlement authority. Sec. 40241. Extension for transfers of excess results of commercial motor vehi- pension assets to retiree health cle operators. PART III—TECHNICAL AMENDMENTS accounts. Subtitle E—Enforcement Sec. 32931. Update of obsolete text. Sec. 40242. Transfer of excess pension assets to Sec. 32501. Inspection demand and display of Sec. 32932. Correction of interstate commerce retiree group term life insurance credentials. commission references. accounts. Sec. 32502. Out of service penalty for denial of Sec. 32933. Technical and conforming amend- Subtitle C—Additional Transfers to Highway access to records. ments. Trust Fund Sec. 32503. Penalties for violation of operation Sec. 32934. Exemptions from requirements for Sec. 40251. Additional transfers to Highway out of service orders. covered farm vehicles. Trust Fund. Sec. 32504. Impoundment and immobilization of TITLE III—HAZARDOUS MATERIALS commercial motor vehicles for im- TRANSPORTATION SAFETY IMPROVE- DIVISION E—RESEARCH AND EDUCATION minent hazard. MENT ACT OF 2012 Sec. 50001. Short title. Sec. 32505. Increased penalties for evasion of Sec. 33001. Short title. TITLE I—FUNDING regulations. Sec. 33002. Definition. Sec. 51001. Authorization of appropriations. Sec. 32506. Violations relating to commercial Sec. 33003. References to title 49, United States TITLE II—RESEARCH, TECHNOLOGY, AND motor vehicle safety regulation Code. EDUCATION and operators. Sec. 33004. Training for emergency responders. Sec. 32507. Emergency disqualification for immi- Sec. 33005. Paperless Hazard Communications Sec. 52001. Research, technology, and edu- nent hazard. Pilot Program. cation. Sec. 32508. Disclosure to State and local law en- Sec. 33006. Improving data collection, analysis, Sec. 52002. Surface transportation research, de- forcement agencies. and reporting. velopment, and technology. Sec. 32509. Grade crossing safety regulations. Sec. 33007. Hazardous material technical assess- Sec. 52003. Research and technology develop- Subtitle F—Compliance, Safety, Accountability ment, research and development, ment and deployment. and analysis program. Sec. 52004. Training and education. Sec. 32601. Motor carrier safety assistance pro- Sec. 52005. State planning and research. gram. Sec. 33008. Hazardous Material Enforcement Training. Sec. 52006. International highway transpor- Sec. 32602. Performance and registration infor- tation program. mation systems management pro- Sec. 33009. Inspections. Sec. 33010. Civil penalties. Sec. 52007. Surface transportation environ- gram. mental cooperative research pro- Sec. 32603. Authorization of appropriations. Sec. 33011. Reporting of fees. gram. Sec. 32604. Grants for commercial driver’s li- Sec. 33012. Special permits, approvals, and ex- Sec. 52008. National cooperative freight re- cense program implementation. clusions. search. Sec. 32605. Commercial vehicle information sys- Sec. 33013. Highway routing disclosures. Sec. 33014. Motor carrier safety permits. Sec. 52009. University transportation centers tems and networks. Sec. 33015. Wetlines. program. Subtitle G—Motorcoach Enhanced Safety Act of Sec. 33016. Hazmat employee training require- Sec. 52010. University transportation research. 2012 ments and grants. Sec. 52011. Bureau of Transportation Statistics. Sec. 32701. Short title. Sec. 33017. Authorization of appropriations. Sec. 52012. Administrative authority.

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00276 Fmt 4634 Sfmt 6343 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE June 28, 2012 CONGRESSIONAL RECORD — HOUSE H4435 Sec. 52013. Transportation research and devel- Sec. 100232. Reinsurance. TITLE IV—EFFECTIVE DATE opment strategic planning. Sec. 100233. GAO study on business interrup- Sec. 114001. Effective date. TITLE III—INTELLIGENT tion and additional living ex- DIVISION H—BUDGETARY EFFECTS penses coverages. TRANSPORTATION SYSTEMS RESEARCH Sec. 120001. Budgetary effects. Sec. 100234. Policy disclosures. Sec. 53001. Use of funds for ITS activities. Sec. 100235. Report on inclusion of building SEC. 2. DEFINITIONS. Sec. 53002. Goals and purposes. codes in floodplain management In this Act, the following definitions apply: Sec. 53003. General authorities and require- criteria. (1) DEPARTMENT.—The term ‘‘Department’’ ments. Sec. 100236. Study of participation and afford- means the Department of Transportation. Sec. 53004. Research and development. (2) SECRETARY.—The term ‘‘Secretary’’ means ability for certain policyholders. Sec. 53005. National architecture and stand- the Secretary of Transportation. Sec. 100237. Study and report concerning the ards. participation of Indian tribes and SEC. 3. EFFECTIVE DATE. Sec. 53006. Vehicle-to-vehicle and vehicle-to-in- members of Indian tribes in the (a) IN GENERAL.—Except as otherwise pro- frastructure communications sys- National Flood Insurance Pro- vided, divisions A, B, C (other than sections tems deployment. gram. 32603(d), 32603(g), 32912, and 34002 of that divi- DIVISION F—MISCELLANEOUS Sec. 100238. Technical corrections. sion) and E, including the amendments made by TITLE I—REAUTHORIZATION OF CERTAIN Sec. 100239. Use of private insurance to satisfy those divisions, take effect on October 1, 2012. (b) REFERENCES.—Except as otherwise pro- PROGRAMS mandatory purchase requirement. Sec. 100240. Levees constructed on certain prop- vided, any reference to the date of enactment of Subtitle A—Secure Rural Schools and the MAP–21 or to the date of enactment of the Community Self-determination Program erties. Sec. 100241. Insurance coverage for private Federal Public Transportation Act of 2012 in the Sec. 100101. Secure Rural Schools and Commu- properties affected by flooding divisions described in subsection (a) or in an nity Self-Determination Program. from Federal lands. amendment made by those divisions shall be Subtitle B—Payment in Lieu of Taxes Program Sec. 100242. Permissible land use under Federal deemed to be a reference to the effective date of those divisions. Sec. 100111. Payments in lieu of taxes. flood insurance plan. DIVISION A—FEDERAL-AID HIGHWAYS Subtitle C—Offsets Sec. 100243. CDBG eligibility for flood insurance outreach activities and com- AND HIGHWAY SAFETY CONSTRUCTION Sec. 100121. Phased retirement authority. munity building code administra- PROGRAMS Sec. 100122. Roll-your-own cigarette machines. tion grants. TITLE I—FEDERAL-AID HIGHWAYS Sec. 100123. Change in FMAP increase for dis- Sec. 100244. Termination of force-placed insur- aster recovery states. Subtitle A—Authorizations and Programs ance. SEC. 1101. AUTHORIZATION OF APPROPRIATIONS. Sec. 100124. Repeals. Sec. 100245. FEMA authority on transfer of Sec. 100125. Limitation on payments from the (a) IN GENERAL.—The following sums are au- policies. thorized to be appropriated out of the Highway Abandoned Mine Reclamation Sec. 100246. Reimbursement of certain expenses. Fund. Trust Fund (other than the Mass Transit Ac- Sec. 100247. FIO study on risks, hazards, and count): TITLE II—FLOOD INSURANCE insurance. (1) FEDERAL-AID HIGHWAY PROGRAM.—For the Subtitle A—Flood Insurance Reform and Sec. 100248. Flood protection improvements con- national highway performance program under Modernization structed on certain properties. section 119 of title 23, United States Code, the Sec. 100249. No cause of action. Sec. 100201. Short title. surface transportation program under section Sec. 100202. Definitions. Subtitle B—Alternative Loss Allocation 133 of that title, the highway safety improve- Sec. 100203. Extension of National Flood Insur- Sec. 100251. Short title. ment program under section 148 of that title, the ance Program. Sec. 100252. Assessing and modeling named congestion mitigation and air quality improve- Sec. 100204. Availability of insurance for multi- storms over coastal States. ment program under section 149 of that title, family properties. Sec. 100253. Alternative loss allocation system and to carry out section 134 of that title— Sec. 100205. Reform of premium rate structure. for indeterminate claims. (A) $37,476,819,674 for fiscal year 2013; and (B) $37,798,000,000 for fiscal year 2014. Sec. 100207. Premium adjustment. Subtitle C—HEARTH Act Amendment Sec. 100208. Enforcement. (2) TRANSPORTATION INFRASTRUCTURE FINANCE Sec. 100261. HEARTH Act technical corrections. Sec. 100209. Escrow of flood insurance pay- AND INNOVATION PROGRAM.—For credit assist- ments. TITLE III—STUDENT LOAN INTEREST RATE ance under the transportation infrastructure fi- Sec. 100210. Minimum deductibles for claims EXTENSION nance and innovation program under chapter 6 under the National Flood Insur- Sec. 100301. Federal Direct Stafford Loan inter- of title 23, United States Code— ance Program. est rate extension. (A) $750,000,000 for fiscal year 2013; and (B) $1,000,000,000 for fiscal year 2014. Sec. 100211. Considerations in determining Sec. 100302. Eligibility for, and interest charges (3) FEDERAL LANDS AND TRIBAL TRANSPOR- chargeable premium rates. on, Federal Direct Stafford Loans TATION PROGRAMS.— Sec. 100212. Reserve fund. for new borrowers on or after July (A) TRIBAL TRANSPORTATION PROGRAM.—For Sec. 100213. Repayment plan for borrowing au- 1, 2013. the tribal transportation program under section thority. DIVISION G—SURFACE TRANSPORTATION 202 of title 23, United States Code, $450,000,000 Sec. 100214. Payment of condominium claims. EXTENSION for each of fiscal years 2013 and 2014. Sec. 100215. Technical mapping advisory coun- Sec. 110001. Short title. (B) FEDERAL LANDS TRANSPORTATION PRO- cil. TITLE I—FEDERAL-AID HIGHWAYS GRAM.—For the Federal lands transportation Sec. 100216. National flood mapping program. program under section 203 of title 23, United Sec. 100217. Scope of appeals. Sec. 111001. Extension of Federal-aid highway States Code, $300,000,000 for each of fiscal years Sec. 100218. Scientific Resolution Panel. programs. 2013 and 2014, of which $240,000,000 of the Sec. 100219. Removal of limitation on State con- TITLE II—EXTENSION OF HIGHWAY amount made available for each fiscal year shall tributions for updating flood SAFETY PROGRAMS be the amount for the National Park Service maps. Sec. 112001. Extension of National Highway and $30,000,000 of the amount made available Sec. 100220. Coordination. Traffic Safety Administration for each fiscal year shall be the amount for the Sec. 100221. Interagency coordination study. highway safety programs. United States Fish and Wildlife Service. Sec. 100222. Notice of flood insurance avail- Sec. 112002. Extension of Federal Motor Carrier (C) FEDERAL LANDS ACCESS PROGRAM.—For ability under RESPA. Safety Administration programs. the Federal lands access program under section Sec. 100223. Participation in State disaster Sec. 112003. Additional programs. 204 of title 23, United States Code, $250,000,000 claims mediation programs. for each of fiscal years 2013 and 2014. TITLE III—PUBLIC TRANSPORTATION Sec. 100224. Oversight and expense reimburse- (4) TERRITORIAL AND PUERTO RICO HIGHWAY PROGRAMS ments of insurance companies. PROGRAM.—For the territorial and Puerto Rico Sec. 100225. Mitigation. Sec. 113001. Allocation of funds for planning highway program under section 165 of title 23, Sec. 100226. Flood Protection Structure Accredi- programs. United States Code, $190,000,000 for each of fis- tation Task Force. Sec. 113002. Special rule for urbanized area for- cal years 2013 and 2014. Sec. 100227. Flood in progress determinations. mula grants. (b) DISADVANTAGED BUSINESS ENTERPRISES.— Sec. 100228. Clarification of residential and Sec. 113003. Allocating amounts for capital in- (1) FINDINGS.—Congress finds that— commercial coverage limits. vestment grants. (A) while significant progress has occurred Sec. 100229. Local data requirement. Sec. 113004. Apportionment of formula grants due to the establishment of the disadvantaged Sec. 100230. Eligibility for flood insurance for for other than urbanized areas. business enterprise program, discrimination and persons residing in communities Sec. 113005. Apportionment based on fixed related barriers continue to pose significant ob- that have made adequate progress guideway factors. stacles for minority- and women-owned busi- on the reconstruction or improve- Sec. 113006. Authorizations for public transpor- nesses seeking to do business in federally-as- ment of a flood protection system. tation. sisted surface transportation markets across the Sec. 100231. Studies and reports. Sec. 113007. Amendments to SAFETEA–LU. United States;

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00277 Fmt 4634 Sfmt 6333 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H4436 CONGRESSIONAL RECORD — HOUSE June 28, 2012 (B) the continuing barriers described in sub- (i) on-site visits; (1) shall not distribute obligation authority paragraph (A) merit the continuation of the dis- (ii) personal interviews with personnel; provided by subsection (a) for the fiscal year advantaged business enterprise program; (iii) issuance or inspection of licenses; for— (C) Congress has received and reviewed testi- (iv) analyses of stock ownership; (A) amounts authorized for administrative ex- mony and documentation of race and gender (v) listings of equipment; penses and programs by section 104(a) of title 23, discrimination from numerous sources, includ- (vi) analyses of bonding capacity; United States Code; and ing congressional hearings and roundtables, sci- (vii) listings of work completed; (B) amounts authorized for the Bureau of entific reports, reports issued by public and pri- (viii) examination of the resumes of principal Transportation Statistics; vate agencies, news stories, reports of discrimi- owners; (2) shall not distribute an amount of obliga- nation by organizations and individuals, and (ix) analyses of financial capacity; and tion authority provided by subsection (a) that is discrimination lawsuits, which show that race- (x) analyses of the type of work preferred. equal to the unobligated balance of amounts— and gender-neutral efforts alone are insufficient (6) REPORTING.—The Secretary shall establish (A) made available from the Highway Trust to address the problem; minimum requirements for use by State govern- Fund (other than the Mass Transit Account) for (D) the testimony and documentation de- ments in reporting to the Secretary— Federal-aid highway and highway safety con- scribed in subparagraph (C) demonstrate that (A) information concerning disadvantaged struction programs for previous fiscal years the discrimination across the United States poses a business enterprise awards, commitments, and funds for which are allocated by the Secretary barrier to full and fair participation in surface achievements; and (or apportioned by the Secretary under sections transportation-related businesses of women (B) such other information as the Secretary 202 or 204 of title 23, United States Code); and business owners and minority business owners determines to be appropriate for the proper mon- (B) for which obligation authority was pro- and has impacted firm development and many itoring of the disadvantaged business enterprise vided in a previous fiscal year; aspects of surface transportation-related busi- program. (3) shall determine the proportion that— ness in the public and private markets; and (7) COMPLIANCE WITH COURT ORDERS.—Noth- (A) the obligation authority provided by sub- (E) the testimony and documentation de- ing in this subsection limits the eligibility of an section (a) for the fiscal year, less the aggregate scribed in subparagraph (C) provide a strong individual or entity to receive funds made avail- of amounts not distributed under paragraphs (1) basis that there is a compelling need for the con- able under divisions A and B of this Act and and (2) of this subsection; bears to tinuation of the disadvantaged business enter- section 403 of title 23, United States Code, if the (B) the total of the sums authorized to be ap- prise program to address race and gender dis- entity or person is prevented, in whole or in propriated for the Federal-aid highway and crimination in surface transportation-related part, from complying with paragraph (2) be- highway safety construction programs (other business. cause a Federal court issues a final order in than sums authorized to be appropriated for (2) DEFINITIONS.—In this subsection, the fol- which the court finds that a requirement or the provisions of law described in paragraphs (1) lowing definitions apply: implementation of paragraph (2) is unconstitu- through (11) of subsection (b) and sums author- (A) SMALL BUSINESS CONCERN.— tional. ized to be appropriated for section 119 of title 23, (i) IN GENERAL.—The term ‘‘small business SEC. 1102. OBLIGATION CEILING. United States Code, equal to the amount re- concern’’ means a small business concern (as the (a) GENERAL LIMITATION.—Subject to sub- ferred to in subsection (b)(12) for the fiscal term is used in section 3 of the Small Business section (e), and notwithstanding any other pro- year), less the aggregate of the amounts not dis- Act (15 U.S.C. 632)). vision of law, the obligations for Federal-aid tributed under paragraphs (1) and (2) of this (ii) EXCLUSIONS.—The term ‘‘small business highway and highway safety construction pro- subsection; concern’’ does not include any concern or group grams shall not exceed— (4) shall distribute the obligation authority of concerns controlled by the same socially and (1) $39,699,000,000 for fiscal year 2013; and provided by subsection (a), less the aggregate economically disadvantaged individual or indi- (2) $40,256,000,000 for fiscal year 2014. amounts not distributed under paragraphs (1) viduals that have average annual gross receipts (b) EXCEPTIONS.—The limitations under sub- and (2), for each of the programs (other than during the preceding 3 fiscal years in excess of section (a) shall not apply to obligations under programs to which paragraph (1) applies) that $22,410,000, as adjusted annually by the Sec- or for— are allocated by the Secretary under this Act retary for inflation. (1) section 125 of title 23, United States Code; and title 23, United States Code, or apportioned (B) SOCIALLY AND ECONOMICALLY DISADVAN- (2) section 147 of the Surface Transportation by the Secretary under sections 202 or 204 of TAGED INDIVIDUALS.—The term ‘‘socially and Assistance Act of 1978 (23 U.S.C. 144 note; 92 that title, by multiplying— economically disadvantaged individuals’’ has Stat. 2714); (A) the proportion determined under para- the meaning given the term in section 8(d) of the (3) section 9 of the Federal-Aid Highway Act graph (3); by Small Business Act (15 U.S.C. 637(d)) and rel- of 1981 (95 Stat. 1701); (B) the amounts authorized to be appropriated evant subcontracting regulations issued pursu- (4) subsections (b) and (j) of section 131 of the for each such program for the fiscal year; and ant to that Act, except that women shall be pre- Surface Transportation Assistance Act of 1982 (5) shall distribute the obligation authority sumed to be socially and economically disadvan- (96 Stat. 2119); provided by subsection (a), less the aggregate taged individuals for purposes of this sub- (5) subsections (b) and (c) of section 149 of the amounts not distributed under paragraphs (1) section. Surface Transportation and Uniform Relocation and (2) and the amounts distributed under (3) AMOUNTS FOR SMALL BUSINESS CONCERNS.— Assistance Act of 1987 (101 Stat. 198); paragraph (4), for Federal-aid highway and Except to the extent that the Secretary deter- (6) sections 1103 through 1108 of the Inter- highway safety construction programs that are mines otherwise, not less than 10 percent of the modal Surface Transportation Efficiency Act of apportioned by the Secretary under title 23, amounts made available for any program under 1991 (105 Stat. 2027); United States Code (other than the amounts ap- divisions A and B of this Act and section 403 of (7) section 157 of title 23, United States Code portioned for the national highway performance title 23, United States Code, shall be expended (as in effect on June 8, 1998); program in section 119 of title 23, United States through small business concerns owned and (8) section 105 of title 23, United States Code Code, that are exempt from the limitation under controlled by socially and economically dis- (as in effect for fiscal years 1998 through 2004, subsection (b)(12) and the amounts apportioned advantaged individuals. but only in an amount equal to $639,000,000 for under section 204 of that title) in the proportion (4) ANNUAL LISTING OF DISADVANTAGED BUSI- each of those fiscal years); that— NESS ENTERPRISES.—Each State shall annually— (9) Federal-aid highway programs for which (A) amounts authorized to be appropriated for (A) survey and compile a list of the small busi- obligation authority was made available under the programs that are apportioned under title ness concerns referred to in paragraph (2) in the the Transportation Equity Act for the 21st Cen- 23, United States Code, to each State for the fis- State, including the location of the small busi- tury (112 Stat. 107) or subsequent Acts for mul- cal year; bears to ness concerns in the State; and tiple years or to remain available until ex- (B) the total of the amounts authorized to be (B) notify the Secretary, in writing, of the pended, but only to the extent that the obliga- appropriated for the programs that are appor- percentage of the small business concerns that tion authority has not lapsed or been used; tioned under title 23, United States Code, to all are controlled by— (10) section 105 of title 23, United States Code States for the fiscal year. (i) women; (but, for each of fiscal years 2005 through 2011, (d) REDISTRIBUTION OF UNUSED OBLIGATION (ii) socially and economically disadvantaged only in an amount equal to $639,000,000 for each AUTHORITY.—Notwithstanding subsection (c), individuals (other than women); and of those fiscal years); the Secretary shall, after August 1 of each of (iii) individuals who are women and are oth- (11) section 1603 of SAFETEA–LU (23 U.S.C. fiscal years 2013 through 2014— erwise socially and economically disadvantaged 118 note; 119 Stat. 1248), to the extent that funds (1) revise a distribution of the obligation au- individuals. obligated in accordance with that section were thority made available under subsection (c) if (5) UNIFORM CERTIFICATION.— not subject to a limitation on obligations at the an amount distributed cannot be obligated dur- (A) IN GENERAL.—The Secretary shall estab- time at which the funds were initially made ing that fiscal year; and lish minimum uniform criteria for use by State available for obligation; and (2) redistribute sufficient amounts to those governments in certifying whether a concern (12) section 119 of title 23, United States Code States able to obligate amounts in addition to qualifies as a small business concern for the (but, for each of fiscal years 2013 through 2014, those previously distributed during that fiscal purpose of this subsection. only in an amount equal to $639,000,000 for each year, giving priority to those States having large (B) INCLUSIONS.—The minimum uniform cri- of those fiscal years). unobligated balances of funds apportioned teria established under subparagraph (A) shall (c) DISTRIBUTION OF OBLIGATION AUTHOR- under sections 144 (as in effect on the day before include, with respect to a potential small busi- ITY.—For each of fiscal years 2013 through 2014, the date of enactment of this Act) and 104 of ness concern— the Secretary— title 23, United States Code.

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(e) APPLICABILITY OF OBLIGATION LIMITA- Administration), and architectural-related serv- ‘‘(B) Construction, planning, and design of TIONS TO TRANSPORTATION RESEARCH PRO- ices;’’; infrastructure-related projects and systems that GRAMS.— (C) in subparagraph (B)— will provide safe routes for non-drivers, includ- (1) IN GENERAL.—Except as provided in para- (i) by inserting ‘‘reconstruction,’’ before ‘‘re- ing children, older adults, and individuals with graph (2), obligation limitations imposed by sub- surfacing’’; and disabilities to access daily needs. section (a) shall apply to contract authority for (ii) by striking ‘‘and rehabilitation’’ and in- ‘‘(C) Conversion and use of abandoned rail- transportation research programs carried out serting ‘‘rehabilitation, and preservation’’; road corridors for trails for pedestrians, under— (D) in subparagraph (E) by striking ‘‘rail- bicyclists, or other nonmotorized transportation (A) chapter 5 of title 23, United States Code; way’’ and inserting ‘‘railway-highway’’; and users. (E) in subparagraph (F) by striking ‘‘obsta- and ‘‘(D) Construction of turnouts, overlooks, and (B) division E of this Act. cles’’ and inserting ‘‘hazards’’; (5) in paragraph (6) (as so redesignated)— viewing areas. (2) EXCEPTION.—Obligation authority made (A) by inserting ‘‘public’’ before ‘‘highway eli- ‘‘(E) Community improvement activities, in- available under paragraph (1) shall— gible’’; and cluding— (A) remain available for a period of 4 fiscal (B) by inserting ‘‘functionally’’ before ‘‘classi- ‘‘(i) inventory, control, or removal of outdoor years; and fied’’; advertising; (B) be in addition to the amount of any limi- (6) by inserting after paragraph (6) (as so re- ‘‘(ii) historic preservation and rehabilitation tation imposed on obligations for Federal-aid designated) the following: of historic transportation facilities; highway and highway safety construction pro- ‘‘(7) FEDERAL LANDS ACCESS TRANSPORTATION ‘‘(iii) vegetation management practices in grams for future fiscal years. FACILITY.—The term ‘Federal Lands access transportation rights-of-way to improve road- (f) REDISTRIBUTION OF CERTAIN AUTHORIZED transportation facility’ means a public highway, way safety, prevent against invasive species, FUNDS.— road, bridge, trail, or transit system that is lo- and provide erosion control; and (1) IN GENERAL.—Not later than 30 days after cated on, is adjacent to, or provides access to ‘‘(iv) archaeological activities relating to im- the date of distribution of obligation authority Federal lands for which title or maintenance re- pacts from implementation of a transportation under subsection (c) for each of fiscal years 2013 sponsibility is vested in a State, county, town, project eligible under this title. through 2014, the Secretary shall distribute to township, tribal, municipal, or local govern- ‘‘(F) Any environmental mitigation activity, the States any funds (excluding funds author- ment. ized for the program under section 202 of title 23, including pollution prevention and pollution ‘‘(8) FEDERAL LANDS TRANSPORTATION FACIL- abatement activities and mitigation to— United States Code) that— ITY.—The term ‘Federal lands transportation fa- ‘‘(i) address stormwater management, control, (A) are authorized to be appropriated for the cility’ means a public highway, road, bridge, and water pollution prevention or abatement re- fiscal year for Federal-aid highway programs; trail, or transit system that is located on, is ad- lated to highway construction or due to high- and jacent to, or provides access to Federal lands for way runoff, including activities described in sec- (B) the Secretary determines will not be allo- which title and maintenance responsibility is tions 133(b)(11), 328(a), and 329; or cated to the States (or will not be apportioned to vested in the Federal Government, and that ap- ‘‘(ii) reduce vehicle-caused wildlife mortality the States under section 204 of title 23, United pears on the national Federal lands transpor- or to restore and maintain connectivity among States Code), and will not be available for obli- tation facility inventory described in section terrestrial or aquatic habitats.’’; and gation, for the fiscal year because of the imposi- 203(c).’’; tion of any obligation limitation for the fiscal (7) in paragraph (11)(B) by inserting ‘‘includ- (14) by inserting after paragraph (29) (as so year. ing public roads on dams’’ after ‘‘drainage redesignated) the following: (2) RATIO.—Funds shall be distributed under structure’’; ‘‘(30) TRANSPORTATION SYSTEMS MANAGEMENT paragraph (1) in the same proportion as the dis- (8) in paragraph (14) (as so redesignated)— AND OPERATIONS.— tribution of obligation authority under sub- (A) by striking ‘‘as a’’ and inserting ‘‘as an ‘‘(A) IN GENERAL.—The term ‘transportation section (c)(5). air quality’’; and systems management and operations’ means in- (3) AVAILABILITY.—Funds distributed to each (B) by inserting ‘‘air quality’’ before ‘‘attain- tegrated strategies to optimize the performance State under paragraph (1) shall be available for ment area’’; of existing infrastructure through the implemen- any purpose described in section 133(c) of title (9) in paragraph (18) (as so redesignated) by tation of multimodal and intermodal, cross-ju- 23, United States Code. striking ‘‘an undertaking to construct a par- risdictional systems, services, and projects de- SEC. 1103. DEFINITIONS. ticular portion of a highway, or if the context so signed to preserve capacity and improve secu- (a) DEFINITIONS.—Section 101(a) of title 23, implies, the particular portion of a highway so rity, safety, and reliability of the transportation United States Code, is amended— constructed or any other undertaking’’ and in- system. (1) by striking paragraphs (6), (7), (9), (12), serting ‘‘any undertaking’’; ‘‘(B) INCLUSIONS.—The term ‘transportation (19), (20), (24), (25), (26), (28), (38), and (39); (10) in paragraph (19) (as so redesignated)— systems management and operations’ includes— (A) by striking ‘‘the State transportation de- (2) by redesignating paragraphs (2), (3), (4), ‘‘(i) actions such as traffic detection and sur- partment and’’; and (5), (8), (13), (14), (15), (16), (17), (18), (21), (22), veillance, corridor management, freeway man- (B) by inserting ‘‘and the recipient’’ after (23), (27), (29), (30), (31), (32), (33), (34), (35), agement, arterial management, active transpor- ‘‘Secretary’’; tation and demand management, work zone (36), and (37) as paragraphs (3), (4), (5), (6), (9), (11) by striking paragraph (23) (as so redesig- (12), (13), (14), (15), (16), (17), (18), (19), (20), management, emergency management, traveler nated) and inserting the following: information services, congestion pricing, park- (21), (22), (23), (24), (25), (26), (28), (29), (33), and AFETY IMPROVEMENT PROJECT.—The ‘‘(23) S ing management, automated enforcement, traffic (34), respectively; term ‘safety improvement project’ means a strat- control, commercial vehicle operations, freight (3) by inserting after paragraph (1) the fol- egy, activity, or project on a public road that is management, and coordination of highway, rail, lowing: consistent with the State strategic highway transit, bicycle, and pedestrian operations; and ‘‘(2) ASSET MANAGEMENT.—The term ‘asset safety plan and corrects or improves a roadway ‘‘(ii) coordination of the implementation of re- management’ means a strategic and systematic feature that constitutes a hazard to road users gional transportation system management and process of operating, maintaining, and improv- or addresses a highway safety problem.’’; ing physical assets, with a focus on both engi- (12) by inserting after paragraph (26) (as so operations investments (such as traffic incident neering and economic analysis based upon qual- redesignated) the following: management, traveler information services, ity information, to identify a structured se- ‘‘(27) STATE STRATEGIC HIGHWAY SAFETY emergency management, roadway weather man- quence of maintenance, preservation, repair, re- PLAN.—The term ‘State strategic highway safety agement, intelligent transportation systems, habilitation, and replacement actions that will plan’ has the same meaning given such term in communication networks, and information shar- achieve and sustain a desired state of good re- section 148(a).’’; ing systems) requiring agreements, integration, pair over the lifecycle of the assets at minimum (13) by striking paragraph (29) (as so redesig- and interoperability to achieve targeted system practicable cost.’’; nated) and inserting the following: performance, reliability, safety, and customer (4) in paragraph (4) (as redesignated by para- ‘‘(29) TRANSPORTATION ALTERNATIVES.—The service levels. graph (2))— term ‘transportation alternatives’ means any of ‘‘(31) TRIBAL TRANSPORTATION FACILITY.—The (A) in the matter preceding subparagraph (A), the following activities when carried out as part term ‘tribal transportation facility’ means a by inserting ‘‘or any project eligible for assist- of any program or project authorized or funded public highway, road, bridge, trail, or transit ance under this title’’ after ‘‘of a highway’’; under this title, or as an independent program system that is located on or provides access to (B) by striking subparagraph (A) and insert- or project related to surface transportation: tribal land and appears on the national tribal ing the following: ‘‘(A) Construction, planning, and design of transportation facility inventory described in ‘‘(A) preliminary engineering, engineering, on-road and off-road trail facilities for pedes- section 202(b)(1). and design-related services directly relating to trians, bicyclists, and other nonmotorized forms ‘‘(32) TRUCK STOP ELECTRIFICATION SYSTEM.— the construction of a highway project, including of transportation, including sidewalks, bicycle The term ‘truck stop electrification system’ engineering, design, project development and infrastructure, pedestrian and bicycle signals, means a system that delivers heat, air condi- management, construction project management traffic calming techniques, lighting and other tioning, electricity, or communications to a and inspection, surveying, mapping (including safety-related infrastructure, and transpor- heavy-duty vehicle.’’. the establishment of temporary and permanent tation projects to achieve compliance with the (b) SENSE OF CONGRESS.—Section 101(c) of title geodetic control in accordance with specifica- Americans with Disabilities Act of 1990 (42 23, United States Code, is amended by striking tions of the National Oceanic and Atmospheric U.S.C. 12101 et seq.). ‘‘system’’ and inserting ‘‘highway’’.

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00279 Fmt 4634 Sfmt 6333 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H4438 CONGRESSIONAL RECORD — HOUSE June 28, 2012 SEC. 1104. NATIONAL HIGHWAY SYSTEM. metropolitan planning organization designated nating the highway as a route on the Interstate (a) IN GENERAL.—Section 103 of title 23, for the area under section 134. System under subparagraph (A) or under any United States Code, is amended to read as fol- ‘‘(c) INTERSTATE SYSTEM.— other provision of law providing for addition to lows: ‘‘(1) DESCRIPTION.— the Interstate System. ‘‘§ 103. National Highway System ‘‘(A) IN GENERAL.—The Dwight D. Eisenhower ‘‘(v) RETROACTIVE EFFECT.—An agreement de- National System of Interstate and Defense High- scribed in clause (ii) that is entered into before ‘‘(a) IN GENERAL.—For the purposes of this ways within the United States (including the title, the Federal-aid system is the National August 10, 2005, shall be deemed to include the District of Columbia and Puerto Rico) consists Highway System, which includes the Interstate 25-year time limitation described in that clause, of highways designed, located, and selected in System. regardless of any earlier construction comple- accordance with this paragraph. ‘‘(b) NATIONAL HIGHWAY SYSTEM.— tion date in the agreement. ‘‘(B) DESIGN.— ‘‘(1) DESCRIPTION.—The National Highway ‘‘(vi) REFERENCES.—No law, rule, regulation, ‘‘(i) IN GENERAL.—Except as provided in System consists of the highway routes and con- map, document, or other record of the United clause (ii), highways on the Interstate System nections to transportation facilities that shall— States, or of any State or political subdivision of ‘‘(A) serve major population centers, inter- shall be designed in accordance with the stand- a State, shall refer to any highway designated national border crossings, ports, airports, public ards of section 109(b). as a future Interstate System route under this transportation facilities, and other intermodal ‘‘(ii) EXCEPTION.—Highways on the Interstate subparagraph, and no such highway shall be transportation facilities and other major travel System in Alaska and Puerto Rico shall be designed or marked, as a highway on the Inter- destinations; signed in accordance with such geometric and state System, until such time as the highway— ‘‘(B) meet national defense requirements; and construction standards as are adequate for cur- ‘‘(I) is constructed to the geometric and con- ‘‘(C) serve interstate and interregional travel rent and probable future traffic demands and struction standards for the Interstate System; and commerce. the needs of the locality of the highway. and ‘‘(2) COMPONENTS.—The National Highway ‘‘(C) LOCATION.—Highways on the Interstate ‘‘(II) has been designated as a route on the System described in paragraph (1) consists of System shall be located so as— Interstate System. the following: ‘‘(i) to connect by routes, as direct as prac- ‘‘(C) FINANCIAL RESPONSIBILITY.—Except as ‘‘(A) The National Highway System depicted ticable, the principal metropolitan areas, cities, provided in this title, the designation of a high- on the map submitted by the Secretary of Trans- and industrial centers; way under this paragraph shall create no addi- portation to Congress with the report entitled ‘‘(ii) to serve the national defense; and tional Federal financial responsibility with re- ‘Pulling Together: The National Highway Sys- ‘‘(iii) to the maximum extent practicable, to spect to the highway. tem and its Connections to Major Intermodal connect at suitable border points with routes of ‘‘(5) EXEMPTION OF INTERSTATE SYSTEM.— Terminals’ and dated May 24, 1996, and modi- continental importance in Canada and Mexico. ‘‘(A) IN GENERAL.—Except as provided in sub- fications approved by the Secretary before the ‘‘(D) SELECTION OF ROUTES.—To the maximum paragraph (B), the Interstate System shall not date of enactment of the MAP–21. extent practicable, each route of the Interstate be considered to be a historic site under section ‘‘(B) Other urban and rural principal arterial System shall be selected by joint action of the 303 of title 49 or section 138 of this title, regard- routes, and border crossings on those routes, State transportation departments of the State in less of whether the Interstate System or portions that were not included on the National High- which the route is located and the adjoining or elements of the Interstate System are listed way System before the date of enactment of the States, in cooperation with local and regional on, or eligible for listing on, the National Reg- MAP–21. officials, and subject to the approval of the Sec- ister of Historic Places. ‘‘(C) Other connector highways (including toll retary. ‘‘(B) INDIVIDUAL ELEMENTS.—Subject to sub- facilities) that were not included in the National ‘‘(2) MAXIMUM MILEAGE.—The mileage of paragraph (C)— Highway System before the date of enactment of highways on the Interstate System shall not ex- ‘‘(i) the Secretary shall determine, through the MAP–21 but that provide motor vehicle ac- ceed 43,000 miles, exclusive of designations the administrative process established for excess between arterial routes on the National under paragraph (4). empting the Interstate System from section 106 Highway System and a major intermodal trans- ‘‘(3) MODIFICATIONS.—The Secretary may ap- of the National Historic Preservation Act (16 portation facility. prove or require modifications to the Interstate U.S.C. 470f), those individual elements of the ‘‘(D) A strategic highway network that— System in a manner consistent with the policies Interstate System that possess national or excep- ‘‘(i) consists of a network of highways that and procedures established under this sub- tional historic significance (such as a historic are important to the United States strategic de- section. bridge or a highly significant engineering fea- fense policy, that provide defense access, con- ‘‘(4) INTERSTATE SYSTEM DESIGNATIONS.— ture); and tinuity, and emergency capabilities for the ‘‘(A) ADDITIONS.—If the Secretary determines ‘‘(ii) those elements shall be considered to be movement of personnel, materials, and equip- that a highway on the National Highway Sys- historic sites under section 303 of title 49 or sec- ment in both peacetime and wartime, and that tem meets all standards of a highway on the tion 138 of this title, as applicable. were not included on the National Highway Interstate System and that the highway is a log- ‘‘(C) CONSTRUCTION, MAINTENANCE, RESTORA- System before the date of enactment of the ical addition or connection to the Interstate Sys- TION, AND REHABILITATION ACTIVITIES.—Sub- MAP–21; tem, the Secretary may, upon the affirmative paragraph (B) does not prohibit a State from ‘‘(ii) may include highways on or off the recommendation of the State or States in which carrying out construction, maintenance, preser- Interstate System; and the highway is located, designate the highway vation, restoration, or rehabilitation activities ‘‘(iii) shall be designated by the Secretary, in as a route on the Interstate System. for a portion of the Interstate System referred to consultation with appropriate Federal agencies ‘‘(B) DESIGNATIONS AS FUTURE INTERSTATE in subparagraph (B) upon compliance with sec- and the States. SYSTEM ROUTES.— tion 303 of title 49 or section 138 of this title, as ‘‘(E) Major strategic highway network con- ‘‘(i) IN GENERAL.—Subject to clauses (ii) applicable, and section 106 of the National His- nectors that— through (vi), if the Secretary determines that a toric Preservation Act (16 U.S.C. 470f).’’. ‘‘(i) consist of highways that provide motor highway on the National Highway System (b) INCLUSION OF CERTAIN ROUTE SEGMENTS vehicle access between major military installa- would be a logical addition or connection to the ON INTERSTATE SYSTEM.— tions and highways that are part of the stra- Interstate System and would qualify for des- (1) IN GENERAL.—Section 1105(e)(5)(A) of the tegic highway network but were not included on ignation as a route on the Interstate System Intermodal Surface Transportation Efficiency the National Highway System before the date of under subparagraph (A) if the highway met all Act of 1991 (105 Stat. 2031; 109 Stat. 597; 115 enactment of the MAP–21; and standards of a highway on the Interstate Sys- Stat. 872) is amended— ‘‘(ii) shall be designated by the Secretary, in tem, the Secretary may, upon the affirmative (A) in the first sentence, by striking ‘‘and in consultation with appropriate Federal agencies recommendation of the State or States in which subsections (c)(18) and (c)(20)’’ and inserting ‘‘, and the States. the highway is located, designate the highway in subsections (c)(18) and (c)(20), and in sub- ‘‘(3) MODIFICATIONS TO NHS.— as a future Interstate System route. paragraphs (A)(iii) and (B) of subsection ‘‘(A) IN GENERAL.—The Secretary may make ‘‘(ii) WRITTEN AGREEMENT.—A designation (c)(26)’’; and any modification, including any modification under clause (i) shall be made only upon the (B) in the second sentence, by striking ‘‘that consisting of a connector to a major intermodal written agreement of each State described in the segment’’ and all that follows through the terminal, to the National Highway System that that clause that the highway will be constructed period and inserting ‘‘that the segment meets is proposed by a State if the Secretary deter- to meet all standards of a highway on the Inter- the Interstate System design standards approved mines that the modification— state System by not later than the date that is by the Secretary under section 109(b) of title 23, ‘‘(i) meets the criteria established for the Na- 25 years after the date of the agreement. United States Code, and is planned to connect tional Highway System under this title after the ‘‘(iii) FAILURE TO COMPLETE CONSTRUCTION.— to an existing Interstate System segment by the date of enactment of the MAP–21; and If a State described in clause (i) has not sub- date that is 25 years after the date of enactment ‘‘(ii) enhances the national transportation stantially completed the construction of a high- of the MAP–21.’’. characteristics of the National Highway System. way designated under this subparagraph by the (2) ROUTE DESIGNATION.—Section ‘‘(B) COOPERATION.— date specified in clause (ii), the Secretary shall 1105(e)(5)(C)(i) of the Intermodal Surface Trans- ‘‘(i) IN GENERAL.—In proposing a modification remove the designation of the highway as a fu- portation Efficiency Act of 1991 (105 Stat. 2032; under this paragraph, a State shall cooperate ture Interstate System route. 109 Stat. 598) is amended by adding at the end with local and regional officials. ‘‘(iv) EFFECT OF REMOVAL.—Removal of the the following: ‘‘The routes referred to subpara- ‘‘(ii) URBANIZED AREAS.—In an urbanized designation of a highway under clause (iii) graphs (A)(iii) and (B)(i) of subsection (c)(26) area, the local officials shall act through the shall not preclude the Secretary from desig- are designated as Interstate Route I-11.’’.

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(c) CONFORMING AMENDMENTS.— ‘‘(4) CONGESTION MITIGATION AND AIR QUALITY safety improvement program under section 148, (1) ANALYSIS.—The analysis for chapter 1 of IMPROVEMENT PROGRAM.—For the congestion the congestion mitigation and air quality im- title 23, United States Code, is amended by strik- mitigation and air quality improvement pro- provement program under section 149, and to ing the item relating to section 103 and inserting gram, an amount determined by multiplying the carry out section 134 in accordance with sub- the following: amount determined for the State under subparagraph (A). ‘‘103. National Highway System.’’. section (c) by the proportion that— ‘‘(d) METROPOLITAN PLANNING.— ‘‘(A) the amount apportioned to the State for (2) SECTION 113.—Section 113 of title 23, United ‘‘(1) USE OF AMOUNTS.— States Code, is amended— the congestion mitigation and air quality im- ‘‘(A) USE.— (A) in subsection (a) by striking ‘‘the Federal- provement program for fiscal year 2009; bears to ‘‘(i) IN GENERAL.—Except as provided in aid systems’’ and inserting ‘‘Federal-aid high- ‘‘(B) the total amount of funds apportioned to clause (ii), the amounts apportioned to a State ways’’; and the State for that fiscal year for the programs under subsection (b)(5) shall be made available (B) in subsection (b), in the first sentence, by referred to in section 105(a)(2) (except for the by the State to the metropolitan planning orga- striking ‘‘of the Federal-aid systems’’ and in- high priority projects program referred to in sec- nizations responsible for carrying out section serting ‘‘Federal-aid highway’’. tion 105(a)(2)(H)), as in effect on the day before 134 in the State. the date of enactment of the MAP–21. (3) SECTION 123.—Section 123(a) of title 23, ‘‘(ii) STATES RECEIVING MINIMUM APPORTION- ‘‘(5) METROPOLITAN PLANNING.—To carry out United States Code, is amended in the first sen- MENT.—A State that received the minimum ap- section 134, an amount determined by multi- tence by striking ‘‘Federal-aid system’’ and in- portionment for use in carrying out section 134 plying the amount determined for the State serting ‘‘Federal-aid highway’’. for fiscal year 2009 may, subject to the approval under subsection (c) by the proportion that— (4) SECTION 217.—Section 217(b) of title 23, of the Secretary, use the funds apportioned United States Code, is amended in the sub- ‘‘(A) the amount apportioned to the State to carry out section 134 for fiscal year 2009; bears under subsection (b)(5) to fund transportation section heading by striking ‘‘NATIONAL HIGH- planning outside of urbanized areas. WAY SYSTEM’’ and inserting ‘‘NATIONAL HIGH- to ‘‘(B) the total amount of funds apportioned to ‘‘(B) UNUSED FUNDS.—Any funds that are not WAY PERFORMANCE PROGRAM’’. the State for that fiscal year for the programs used to carry out section 134 may be made avail- (5) SECTION 304.—Section 304 of title 23, United referred to in section 105(a)(2) (except for the able by a metropolitan planning organization to States Code, is amended in the first sentence by the State to fund activities under section 135. striking ‘‘the Federal-aid highway systems’’ and high priority projects program referred to in section 105(a)(2)(H)), as in effect on the day before ‘‘(2) DISTRIBUTION OF AMOUNTS WITHIN inserting ‘‘Federal-aid highways’’. STATES.— (6) SECTION 317.—Section 317(d) of title 23, the date of enactment of the MAP–21. ‘‘(A) IN GENERAL.—The distribution within United States Code, is amended by striking ‘‘(c) CALCULATION OF STATE AMOUNTS.— ‘‘(1) FOR FISCAL YEAR 2013.— any State of the planning funds made available ‘‘system’’ and inserting ‘‘highway’’. ‘‘(A) CALCULATION OF AMOUNT.—For fiscal to organizations under paragraph (1) shall be in SEC. 1105. APPORTIONMENT. year 2013, the amount for each State of com- accordance with a formula that— (a) IN GENERAL.—Section 104 of title 23, bined apportionments for the national highway ‘‘(i) is developed by each State and approved United States Code, is amended to read as fol- performance program under section 119, the sur- by the Secretary; and lows: face transportation program under section 133, ‘‘(ii) takes into consideration, at a minimum, ‘‘§ 104. Apportionment the highway safety improvement program under population, status of planning, attainment of ‘‘(a) ADMINISTRATIVE EXPENSES.— section 148, the congestion mitigation and air air quality standards, metropolitan area trans- ‘‘(1) IN GENERAL.—There are authorized to be quality improvement program under section 149, portation needs, and other factors necessary to appropriated from the Highway Trust Fund and to carry out section 134 shall be equal to the provide for an appropriate distribution of funds (other than the Mass Transit Account) to be combined amount of apportionments that the to carry out section 134 and other applicable re- made available to the Secretary for administra- State received for fiscal year 2012. quirements of Federal law. tive expenses of the Federal Highway Adminis- ‘‘(B) STATE APPORTIONMENT.—On October 1 of ‘‘(B) REIMBURSEMENT.—Not later than 15 tration— such fiscal year, the Secretary shall apportion business days after the date of receipt by a State ‘‘(A) $454,180,326 for fiscal year 2013; and the sum authorized to be appropriated for ex- of a request for reimbursement of expenditures ‘‘(B) $440,000,000 for fiscal year 2014. penditure on the national highway performance made by a metropolitan planning organization ‘‘(2) PURPOSES.—The amounts authorized to program under section 119, the surface transpor- for carrying out section 134, the State shall re- be appropriated by this subsection shall be tation program under section 133, the highway imburse, from amounts distributed under this used— safety improvement program under section 148, paragraph to the metropolitan planning organi- ‘‘(A) to administer the provisions of law to be the congestion mitigation and air quality im- zation by the State, the metropolitan planning funded from appropriations for the Federal-aid provement program under section 149, and to organization for those expenditures. highway program and programs authorized carry out section 134 in accordance with sub- ‘‘(3) DETERMINATION OF POPULATION FIG- under chapter 2; paragraph (A). URES.—For the purpose of determining popu- ‘‘(B) to make transfers of such sums as the ‘‘(2) FOR FISCAL YEAR 2014.— lation figures under this subsection, the Sec- Secretary determines to be appropriate to the ‘‘(A) STATE SHARE.—For fiscal year 2014, the retary shall use the latest available data from Appalachian Regional Commission for adminis- amount for each State of combined apportion- the decennial census conducted under section trative activities associated with the Appa- ments for the national highway performance 141(a) of title 13, United States Code. lachian development highway system; and program under section 119, the surface transpor- ‘‘(e) CERTIFICATION OF APPORTIONMENTS.— ‘‘(C) to reimburse, as appropriate, the Office tation program under section 133, the highway ‘‘(1) IN GENERAL.—The Secretary shall— of Inspector General of the Department of safety improvement program under section 148, ‘‘(A) on October 1 of each fiscal year, certify Transportation for the conduct of annual audits the congestion mitigation and air quality im- to each of the State transportation departments of financial statements in accordance with sec- provement program under section 149, and to the amount that has been apportioned to the tion 3521 of title 31. carry out section 134 shall be determined as fol- State under this section for the fiscal year; and ‘‘(3) AVAILABILITY.—The amounts made avail- lows: able under paragraph (1) shall remain available ‘‘(i) INITIAL AMOUNT.—The initial amount for ‘‘(B) to permit the States to develop adequate until expended. each State shall be determined by multiplying plans for the use of amounts apportioned under ‘‘(b) DIVISION OF STATE APPORTIONMENTS the total amount available for apportionment by this section, advise each State of the amount AMONG PROGRAMS.—The Secretary shall dis- the share for each State which shall be equal to that will be apportioned to the State under this tribute the amount apportioned to a State for a the proportion that— section for a fiscal year not later than 90 days fiscal year under subsection (c) among the na- ‘‘(I) the amount of apportionments that the before the beginning of the fiscal year for which tional highway performance program, the sur- State received for fiscal year 2012; bears to the sums to be apportioned are authorized. face transportation program, the highway safe- ‘‘(II) the amount of those apportionments re- ‘‘(2) NOTICE TO STATES.—If the Secretary has ty improvement program, and the congestion ceived by all States for that fiscal year. not made an apportionment under this section mitigation and air quality improvement pro- ‘‘(ii) ADJUSTMENTS TO AMOUNTS.—The initial for a fiscal year beginning after September 30, gram, and to carry out section 134 as follows: amounts resulting from the calculation under 1998, by not later than the date that is the twen- ‘‘(1) NATIONAL HIGHWAY PERFORMANCE PRO- clause (i) shall be adjusted to ensure that, for ty-first day of that fiscal year, the Secretary GRAM.—For the national highway performance each State, the amount of combined apportion- shall submit, by not later than that date, to the program, 63.7 percent of the amount remaining ments for the programs shall not be less than 95 Committee on Transportation and Infrastruc- after distributing amounts under paragraphs (4) percent of the estimated tax payments attrib- ture of the House of Representatives and the and (5). utable to highway users in the State paid into Committee on Environment and Public Works of ‘‘(2) SURFACE TRANSPORTATION PROGRAM.— the Highway Trust Fund (other than the Mass the Senate, a written statement of the reason for For the surface transportation program, 29.3 Transit Account) in the most recent fiscal year not making the apportionment in a timely man- percent of the amount remaining after distrib- for which data are available. ner. uting amounts under paragraphs (4) and (5). ‘‘(B) STATE APPORTIONMENT.—On October 1 of ‘‘(3) APPORTIONMENT CALCULATIONS.— ‘‘(3) HIGHWAY SAFETY IMPROVEMENT PRO- such fiscal year, the Secretary shall apportion ‘‘(A) IN GENERAL.—The calculation of official GRAM.—For the highway safety improvement the sum authorized to be appropriated for ex- apportionments of funds to the States under this program, 7 percent of the amount remaining penditure on the national highway performance title is a primary responsibility of the Depart- after distributing amounts under paragraphs (4) program under section 119, the surface transpor- ment and shall be carried out only by employees and (5). tation program under section 133, the highway (and not contractors) of the Department.

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‘‘(B) PROHIBITION ON USE OF FUNDS TO HIRE striking ‘‘sections 104(b)(l) and 104(b)(3)’’ and ‘‘(iii) the construction or improvements are CONTRACTORS.—None of the funds made avail- inserting ‘‘section 104(b)(2)’’. more cost-effective, as determined by benefit- able under this title shall be used to hire con- SEC. 1106. NATIONAL HIGHWAY PERFORMANCE cost analysis, than an improvement to the fully tractors to calculate the apportionments of PROGRAM. access-controlled highway described in clause funds to States. (a) IN GENERAL.—Section 119 of title 23, (i). ‘‘(f) TRANSFER OF HIGHWAY AND TRANSIT United States Code, is amended to read as fol- ‘‘(H) Bicycle transportation and pedestrian FUNDS.— lows: walkways in accordance with section 217. ‘‘(1) TRANSFER OF HIGHWAY FUNDS FOR TRAN- ‘‘§ 119. National highway performance pro- ‘‘(I) Highway safety improvements for seg- SIT PROJECTS.— gram ments of the National Highway System. ‘‘(A) IN GENERAL.—Subject to subparagraph ‘‘(J) Capital and operating costs for traffic ‘‘(a) ESTABLISHMENT.—The Secretary shall es- (B), amounts made available for transit projects and traveler information monitoring, manage- tablish and implement a national highway per- or transportation planning under this title may ment, and control facilities and programs. formance program under this section. be transferred to and administered by the Sec- ‘‘(K) Development and implementation of a ‘‘(b) PURPOSES.—The purposes of the national retary in accordance with chapter 53 of title 49. State asset management plan for the National highway performance program shall be— Highway System in accordance with this sec- ‘‘(B) NON-FEDERAL SHARE.—The provisions of ‘‘(1) to provide support for the condition and tion, including data collection, maintenance, this title relating to the non-Federal share shall performance of the National Highway System; and integration and the cost associated with ob- apply to the amounts transferred under sub- ‘‘(2) to provide support for the construction of taining, updating, and licensing software and paragraph (A). new facilities on the National Highway System; equipment required for risk-based asset manage- ‘‘(2) TRANSFER OF TRANSIT FUNDS FOR HIGH- and WAY PROJECTS.— ‘‘(3) to ensure that investments of Federal-aid ment and performance-based management. ‘‘(L) Infrastructure-based intelligent transpor- ‘‘(A) IN GENERAL.—Subject to subparagraph funds in highway construction are directed to (B), amounts made available for highway tation systems capital improvements. support progress toward the achievement of per- ‘‘(M) Environmental restoration and pollution projects or transportation planning under chap- formance targets established in an asset man- ter 53 of title 49 may be transferred to and ad- abatement in accordance with section 328. agement plan of a State for the National High- ‘‘(N) Control of noxious weeds and aquatic ministered by the Secretary in accordance with way System. this title. noxious weeds and establishment of native spe- ‘‘(c) ELIGIBLE FACILITIES.—Except as provided cies in accordance with section 329. ‘‘(B) NON-FEDERAL SHARE.—The provisions of in subsection (d), to be eligible for funding ap- chapter 53 of title 49 relating to the non-Federal ‘‘(O) Environmental mitigation efforts related portioned under section 104(b)(1) to carry out to projects funded under this section, as de- share shall apply to amounts transferred under this section, a facility shall be located on the subparagraph (A). scribed in subsection (g). National Highway System, as defined in section ‘‘(P) Construction of publicly owned intracity ‘‘(3) TRANSFER OF FUNDS AMONG STATES OR TO 103. FEDERAL HIGHWAY ADMINISTRATION.— or intercity bus terminals servicing the National ‘‘(d) ELIGIBLE PROJECTS.—Funds apportioned Highway System. ‘‘(A) IN GENERAL.—Subject to subparagraph to a State to carry out the national highway (B), the Secretary may, at the request of a State, ‘‘(e) STATE PERFORMANCE MANAGEMENT.— performance program may be obligated only for ‘‘(1) IN GENERAL.—A State shall develop a transfer amounts apportioned or allocated a project on an eligible facility that is— risk-based asset management plan for the Na- under this title to the State to another State, or ‘‘(1)(A) a project or part of a program of tional Highway System to improve or preserve to the Federal Highway Administration, for the projects supporting progress toward the achieve- the condition of the assets and the performance purpose of funding 1 or more projects that are ment of national performance goals for improv- of the system. eligible for assistance with amounts so appor- ing infrastructure condition, safety, mobility, or ‘‘(2) PERFORMANCE DRIVEN PLAN.—A State tioned or allocated. freight movement on the National Highway Sys- asset management plan shall include strategies ‘‘(B) APPORTIONMENT.—The transfer shall tem; and leading to a program of projects that would have no effect on any apportionment of ‘‘(B) consistent with sections 134 and 135; and make progress toward achievement of the State amounts to a State under this section. ‘‘(2) for 1 or more of the following purposes: targets for asset condition and performance of ‘‘(C) FUNDS SUBALLOCATED TO URBANIZED ‘‘(A) Construction, reconstruction, resur- the National Highway System in accordance AREAS.—Amounts that are apportioned or allo- facing, restoration, rehabilitation, preservation, with section 150(d) and supporting the progress cated to a State under subsection (b)(3) (as in or operational improvement of segments of the toward the achievement of the national goals effect on the day before the date of enactment of National Highway System. identified in section 150(b). the MAP–21) or subsection (b)(2) and attributed ‘‘(B) Construction, replacement (including re- ‘‘(3) SCOPE.—In developing a risk-based asset to an urbanized area of a State with a popu- placement with fill material), rehabilitation, management plan, the Secretary shall encour- lation of more than 200,000 individuals under preservation, and protection (including scour age States to include all infrastructure assets section 133(d) may be transferred under this countermeasures, seismic retrofits, impact pro- within the right-of-way corridor in such plan. paragraph only if the metropolitan planning or- tection measures, security countermeasures, and ‘‘(4) PLAN CONTENTS.—A State asset manage- ganization designated for the area concurs, in protection against extreme events) of bridges on ment plan shall, at a minimum, be in a form writing, with the transfer request. the National Highway System. that the Secretary determines to be appropriate ‘‘(4) TRANSFER OF OBLIGATION AUTHORITY.— ‘‘(C) Construction, replacement (including re- and include— Obligation authority for amounts transferred placement with fill material), rehabilitation, ‘‘(A) a summary listing of the pavement and under this subsection shall be transferred in the preservation, and protection (including impact bridge assets on the National Highway System same manner and amount as the amounts for protection measures, security countermeasures, in the State, including a description of the con- the projects that are transferred under this sec- and protection against extreme events) of tun- dition of those assets; tion. nels on the National Highway System. ‘‘(B) asset management objectives and meas- ‘‘(g) REPORT TO CONGRESS.—For each fiscal ‘‘(D) Inspection and evaluation, as described ures; year, the Secretary shall make available to the in section 144, of bridges and tunnels on the Na- ‘‘(C) performance gap identification; public, in a user-friendly format via the Inter- tional Highway System, and inspection and ‘‘(D) lifecycle cost and risk management anal- net, a report that describes— evaluation of other highway infrastructure as- ysis; ‘‘(1) the amount obligated, by each State, for sets on the National Highway System, including ‘‘(E) a financial plan; and Federal-aid highways and highway safety con- signs and sign structures, earth retaining walls, ‘‘(F) investment strategies. struction programs during the preceding fiscal and drainage structures. ‘‘(5) REQUIREMENT FOR PLAN.—Notwith- year; ‘‘(E) Training of bridge and tunnel inspectors, standing section 120, with respect to the second ‘‘(2) the balance, as of the last day of the pre- as described in section 144. fiscal year beginning after the date of establish- ceding fiscal year, of the unobligated apportion- ‘‘(F) Construction, rehabilitation, or replacement of the process established in paragraph (8) ment of each State by fiscal year under this sec- ment of existing ferry boats and ferry boat fa- or any subsequent fiscal year, if the Secretary tion; cilities, including approaches, that connect road determines that a State has not developed and ‘‘(3) the balance of unobligated sums available segments of the National Highway System. implemented a State asset management plan for expenditure at the discretion of the Sec- ‘‘(G) Construction, reconstruction, resur- consistent with this section, the Federal share retary for such highways and programs for the facing, restoration, rehabilitation, and preserva- payable on account of any project or activity fiscal year; and tion of, and operational improvements for, a carried out by the State in that fiscal year ‘‘(4) the rates of obligation of funds appor- Federal-aid highway not on the National High- under this section shall be 65 percent. tioned or set aside under this section, according way System, and construction of a transit ‘‘(6) CERTIFICATION OF PLAN DEVELOPMENT to— project eligible for assistance under chapter 53 PROCESS.— ‘‘(A) program; of title 49, if— ‘‘(A) IN GENERAL.—Not later than 90 days ‘‘(B) funding category of subcategory; ‘‘(i) the highway project or transit project is after the date on which a State submits a re- ‘‘(C) type of improvement; in the same corridor as, and in proximity to, a quest for approval of the process used by the ‘‘(D) State; and fully access-controlled highway designated as a State to develop the State asset management ‘‘(E) sub-State geographical area, including part of the National Highway System; plan for the National Highway System, the Sec- urbanized and rural areas, on the basis of the ‘‘(ii) the construction or improvements will re- retary shall— population of each such area.’’. duce delays or produce travel time savings on ‘‘(i) review the process; and (b) CONFORMING AMENDMENT.—Section 146(a) the fully access-controlled highway described in ‘‘(ii)(I) certify that the process meets the re- of title 23, United States Code, is amended by clause (i) and improve regional traffic flow; and quirements established by the Secretary; or

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00282 Fmt 4634 Sfmt 6333 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE June 28, 2012 CONGRESSIONAL RECORD — HOUSE H4441 ‘‘(II) deny certification and specify actions under section 104(b)(1) only for eligible projects title, for projects that otherwise meet the re- necessary for the State to take to correct defi- on bridges on the National Highway System. quirements of that section. ciencies in the State process. ‘‘(B) RESTORATION.—The set-aside require- (2) EXTENSION.—The Secretary may extend the ‘‘(B) RECERTIFICATION.—Not less frequently ment for bridges on the National Highway Sys- transition period for a State under paragraph than once every 4 years, the Secretary shall re- tem in a State under subparagraph (A) for a fis- (1) if the Secretary determines that the State has view and recertify that the process used by a cal year shall remain in effect for each subse- made a good faith effort to establish an asset State to develop and maintain the State asset quent fiscal year until such time as less than 10 management plan and performance targets re- management plan for the National Highway percent of the total deck area of bridges in the ferred to in that paragraph. System meets the requirements for the process, State on the National Highway System is lo- (c) CONFORMING AMENDMENT.—The analysis as established by the Secretary. cated on bridges that have been classified as for chapter 1 of title 23, United States Code, is ‘‘(C) OPPORTUNITY TO CURE.—If the Secretary structurally deficient, as determined by the Sec- amended by striking the item relating to section denies certification under subparagraph (A), the retary. 119 and inserting the following: Secretary shall provide the State with— ‘‘(g) ENVIRONMENTAL MITIGATION.— ‘‘119. National highway performance program.’’. ‘‘(i) not less than 90 days to cure the defi- ‘‘(1) ELIGIBLE ACTIVITIES.—In accordance SEC. 1107. EMERGENCY RELIEF. ciencies of the plan, during which time period with all applicable Federal law (including regu- Section 125 of title 23, United States Code, is all penalties and other legal impacts of a denial lations), environmental mitigation efforts re- amended to read as follows: of certification shall be stayed; and ferred to in subsection (d)(2)(O) include partici- ‘‘(ii) a written statement of the specific ac- pation in natural habitat and wetlands mitiga- ‘‘§ 125. Emergency relief tions the Secretary determines to be necessary tion efforts relating to projects funded under ‘‘(a) IN GENERAL.—Subject to this section and for the State to cure the plan. this title, which may include— section 120, an emergency fund is authorized for ‘‘(7) PERFORMANCE ACHIEVEMENT.—A State ‘‘(A) participation in mitigation banking or expenditure by the Secretary for the repair or that does not achieve or make significant other third-party mitigation arrangements, such reconstruction of highways, roads, and trails, in progress toward achieving the targets of the as— any area of the United States, including Indian State for performance measures described in sec- ‘‘(i) the purchase of credits from commercial reservations, that the Secretary finds have suf- tion 150(d) for the National Highway System for mitigation banks; fered serious damage as a result of— 2 consecutive reports submitted under this para- ‘‘(ii) the establishment and management of ‘‘(1) a natural disaster over a wide area, such graph shall include in the next report submitted agency-sponsored mitigation banks; and as by a flood, hurricane, tidal wave, earth- a description of the actions the State will under- ‘‘(iii) the purchase of credits or establishment quake, severe storm, or landslide; or take to achieve the targets. of in-lieu fee mitigation programs; ‘‘(2) catastrophic failure from any external ‘‘(8) PROCESS.—Not later than 18 months after ‘‘(B) contributions to statewide and regional cause. the date of enactment of the MAP–21, the Sec- efforts to conserve, restore, enhance, and create ‘‘(b) RESTRICTION ON ELIGIBILITY.— retary shall, by regulation and in consultation natural habitats and wetlands; and ‘‘(1) DEFINITION OF CONSTRUCTION PHASE.—In with State departments of transportation, estab- ‘‘(C) the development of statewide and re- this subsection, the term ‘construction phase’ lish the process to develop the State asset man- gional environmental protection plans, includ- means the phase of physical construction of a agement plan described in paragraph (1). ing natural habitat and wetland conservation highway or bridge facility that is separate from ‘‘(f) INTERSTATE SYSTEM AND NHS BRIDGE and restoration plans. any other identified phases, such as planning, CONDITIONS.— ‘‘(2) INCLUSION OF OTHER ACTIVITIES.—The design, or right-of-way phases, in the State ‘‘(1) CONDITION OF INTERSTATE SYSTEM.— banks, efforts, and plans described in paragraph transportation improvement program. ‘‘(A) PENALTY.—If, during 2 consecutive re- (1) include any such banks, efforts, and plans ‘‘(2) RESTRICTION.—In no case shall funds be porting periods, the condition of the Interstate developed in accordance with applicable law used under this section for the repair or recon- System, excluding bridges on the Interstate Sys- (including regulations). struction of a bridge— tem, in a State falls below the minimum condi- ‘‘(3) TERMS AND CONDITIONS.—The following ‘‘(A) that has been permanently closed to all tion level established by the Secretary under terms and conditions apply to natural habitat vehicular traffic by the State or responsible section 150(c)(3), the State shall be required, and wetlands mitigation efforts under this sub- local official because of imminent danger of col- during the following fiscal year— section: lapse due to a structural deficiency or physical ‘‘(i) to obligate, from the amounts apportioned ‘‘(A) Contributions to the mitigation effort deterioration; or to the State under section 104(b)(1), an amount may— ‘‘(B) if a construction phase of a replacement that is not less than the amount of funds appor- ‘‘(i) take place concurrent with, or in advance structure is included in the approved Statewide tioned to the State for fiscal year 2009 under the of, commitment of funding under this title to a transportation improvement program at the time Interstate maintenance program for the pur- project or projects; and of an event described in subsection (a). poses described in this section (as in effect on ‘‘(ii) occur in advance of project construction ‘‘(c) FUNDING.— the day before the date of enactment of the only if the efforts are consistent with all appli- ‘‘(1) IN GENERAL.—Subject to the limitations MAP–21), except that for each year after fiscal cable requirements of Federal law (including described in paragraph (2), there are authorized year 2013, the amount required to be obligated regulations) and State transportation planning to be appropriated from the Highway Trust under this clause shall be increased by 2 percent processes. Fund (other than the Mass Transit Account) over the amount required to be obligated in the ‘‘(B) Credits from any agency-sponsored miti- such sums as are necessary to establish the fund previous fiscal year; and gation bank that are attributable to funding authorized by this section and to replenish that ‘‘(ii) to transfer, from the amounts appor- under this section may be used only for projects fund on an annual basis. tioned to the State under section 104(b)(2) (other funded under this title, unless the agency pays ‘‘(2) LIMITATIONS.—The limitations referred to than amounts suballocated to metropolitan to the Secretary an amount equal to the Federal in paragraph (1) are that— areas and other areas of the State under section funds attributable to the mitigation bank credits ‘‘(A) not more than $100,000,000 is authorized 133(d)) to the apportionment of the State under the agency uses for purposes other than mitiga- to be obligated in any 1 fiscal year commencing section 104(b)(1), an amount equal to 10 percent tion of a project funded under this title. after September 30, 1980, to carry out this sec- of the amount of funds apportioned to the State ‘‘(4) PREFERENCE.—At the discretion of the tion, except that, if for any fiscal year the total for fiscal year 2009 under the Interstate mainte- project sponsor, preference shall be given, to the of all obligations under this section is less than nance program for the purposes described in this maximum extent practicable, to mitigating an the amount authorized to be obligated for the section (as in effect on the day before the date environmental impact through the use of a miti- fiscal year, the unobligated balance of that of enactment of the MAP–21). gation bank, in-lieu fee, or other third-party amount shall— ‘‘(B) RESTORATION.—The obligation require- mitigation arrangement, if the use of credits ‘‘(i) remain available until expended; and ment for the Interstate System in a State re- from the mitigation bank or in-lieu fee, or the ‘‘(ii) be in addition to amounts otherwise quired by subparagraph (A) for a fiscal year other third-party mitigation arrangement for available to carry out this section for each year; shall remain in effect for each subsequent fiscal the project, is approved by the applicable Fed- and year until such time as the condition of the eral agency.’’. ‘‘(B)(i) pending such appropriation or replen- Interstate System in the State exceeds the min- (b) TRANSITION PERIOD.— ishment, the Secretary may obligate from any imum condition level established by the Sec- (1) IN GENERAL.—Except as provided in para- funds appropriated at any time for obligation in retary. graph (2), until such date as a State has in ef- accordance with this title, including existing ‘‘(2) CONDITION OF NHS BRIDGES.— fect an approved asset management plan and Federal-aid appropriations, such sums as are ‘‘(A) PENALTY.—If the Secretary determines has established performance targets as described necessary for the immediate prosecution of the that, for the 3-year-period preceding the date of in sections 119 and 150 of title 23, United States work herein authorized; and the determination, more than 10 percent of the Code, that will contribute to achieving the na- ‘‘(ii) funds obligated under this subparagraph total deck area of bridges in the State on the tional goals for the condition and performance shall be reimbursed from the appropriation or National Highway System is located on bridges of the National Highway System, but not later replenishment. that have been classified as structurally defi- than 18 months after the date on which the Sec- ‘‘(d) ELIGIBILITY.— cient, an amount equal to 50 percent of funds retary promulgates the final regulation required ‘‘(1) IN GENERAL.—The Secretary may expend apportioned to such State for fiscal year 2009 to under section 150(c) of that title, the Secretary funds from the emergency fund authorized by carry out section 144 (as in effect the day before shall approve obligations of funds apportioned this section only for the repair or reconstruction enactment of MAP–21) shall be set aside from to a State to carry out the national highway of highways on Federal-aid highways in accord- amounts apportioned to a State for a fiscal year performance program under section 119 of that ance with this chapter, except that—

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00283 Fmt 4634 Sfmt 6333 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H4442 CONGRESSIONAL RECORD — HOUSE June 28, 2012 ‘‘(A) no funds shall be so expended unless an ferred to the account from which the expendi- (7) in paragraph (11) (as so redesignated) by emergency has been declared by the Governor of ture was made, or to a similar account that re- striking ‘‘enhancement activities’’ and inserting the State with concurrence by the Secretary, mains available for obligation; and ‘‘alternatives’’; unless the President has declared the emergency ‘‘(ii) the budget authority associated with the (8) by striking paragraph (14) (as so redesig- to be a major disaster for the purposes of the expenditure shall be restored to the agency from nated) and inserting the following: Robert T. Stafford Disaster Relief and Emer- which the authority was derived and shall be ‘‘(14) Environmental mitigation efforts relat- gency Assistance Act (42 U.S.C. 5121 et seq.) for available for obligation until the end of the fis- ing to projects funded under this title in the which concurrence of the Secretary is not re- cal year following the year in which the trans- same manner and to the same extent as such acquired; and fer occurs. tivities are eligible under section 119(g).’’; and ‘‘(B) the Secretary has received an application ‘‘(f) TREATMENT OF TERRITORIES.—For pur- (9) by inserting after paragraph (18) (as so re- from the State transportation department that poses of this section, the Virgin Islands, Guam, designated) the following: includes a comprehensive list of all eligible American Samoa, and the Commonwealth of the ‘‘(19) Projects and strategies designed to sup- project sites and repair costs by not later than Northern Mariana Islands shall be considered to port congestion pricing, including electric toll 2 years after the natural disaster or catastrophic be States and parts of the United States, and collection and travel demand management strat- failure. the chief executive officer of each such territory egies and programs. ‘‘(2) COST LIMITATION.— shall be considered to be a Governor of a State. ‘‘(20) Recreational trails projects eligible for ‘‘(A) DEFINITION OF COMPARABLE FACILITY.— ‘‘(g) PROTECTING PUBLIC SAFETY AND MAIN- funding under section 206. In this paragraph, the term ‘comparable facility’ TAINING ROADWAYS.—The Secretary may use not ‘‘(21) Construction of ferry boats and ferry means a facility that meets the current geo- more than 5 percent of amounts from the emer- terminal facilities eligible for funding under sec- metric and construction standards required for gency fund authorized by this section to carry tion 129(c). the types and volume of traffic that the facility out projects that the Secretary determines are ‘‘(22) Border infrastructure projects eligible will carry over its design life. necessary to protect the public safety or to for funding under section 1303 of the ‘‘(B) LIMITATION.—The total cost of a project maintain or protect roadways that are included SAFETEA–LU (23 U.S.C. 101 note; Public Law funded under this section may not exceed the within the scope of an emergency declaration by 109–59). cost of repair or reconstruction of a comparable the Governor of the State or by the President, in ‘‘(23) Truck parking facilities eligible for facility. accordance with this section, and the Governor funding under section 1401 of the MAP–21. ‘‘(3) DEBRIS REMOVAL.—The costs of debris re- deems to be an ongoing concern in order to ‘‘(24) Development and implementation of a moval shall be an eligible expense under this maintain vehicular traffic on the roadway.’’. State asset management plan for the National section only for— SEC. 1108. SURFACE TRANSPORTATION PRO- Highway System in accordance with section 119, ‘‘(A) an event not declared a major disaster or GRAM. including data collection, maintenance, and in- emergency by the President under the Robert T. (a) ELIGIBLE PROJECTS.—Section 133(b) of title tegration and the costs associated with obtain- Stafford Disaster Relief and Emergency Assist- 23, United States Code, is amended— ing, updating, and licensing software and ance Act (42 U.S.C. 5121 et seq.); or (1) in the matter preceding paragraph (1) by equipment required for risk based asset manage- ‘‘(B) an event declared a major disaster or striking ‘‘section 104(b)(3)’’ and inserting ‘‘sec- ment and performance based management, and emergency by the President under that Act if tion 104(b)(2)’’; for similar activities related to the development the debris removal is not eligible for assistance (2) by striking paragraph (1); and implementation of a performance based under section 403, 407, or 502 of that Act (42 (3) by redesignating paragraphs (2) through management program for other public roads. U.S.C. 5170b, 5173, 5192). (15) as paragraphs (5) through (18), respectively; ‘‘(25) A project that, if located within the ‘‘(4) TERRITORIES.—The total obligations for (4) by inserting before paragraph (5) (as so re- boundaries of a port terminal, includes only projects under this section for any fiscal year in designated) the following: such surface transportation infrastructure the Virgin Islands, Guam, American Samoa, and ‘‘(1) Construction, reconstruction, rehabilita- modifications as are necessary to facilitate di- the Commonwealth of the Northern Mariana Is- tion, resurfacing, restoration, preservation, or rect intermodal interchange, transfer, and ac- lands shall not exceed $20,000,000. operational improvements for highways, includ- cess into and out of the port. ‘‘(5) SUBSTITUTE TRAFFIC.—Notwithstanding ing construction of designated routes of the Ap- ‘‘(26) Construction and operational improve- any other provision of this section, actual and palachian development highway system and ments for any minor collector if— necessary costs of maintenance and operation of local access roads under section 14501 of title 40. ‘‘(A) the minor collector, and the project to be ferryboats or additional transit service pro- ‘‘(2) Replacement (including replacement with carried out with respect to the minor collector, viding temporary substitute highway traffic fill material), rehabilitation, preservation, pro- are in the same corridor as, and in proximity to, service, less the amount of fares charged for tection (including painting, scour counter- a Federal-aid highway designated as part of the comparable service, may be expended from the measures, seismic retrofits, impact protection National Highway System; emergency fund authorized by this section for measures, security countermeasures, and protec- ‘‘(B) the construction or improvements will Federal-aid highways. tion against extreme events) and application of enhance the level of service on the Federal-aid ‘‘(e) TRIBAL TRANSPORTATION FACILITIES, calcium magnesium acetate, sodium acetate/for- highway described in subparagraph (A) and im- FEDERAL LANDS TRANSPORTATION FACILITIES, mate, or other environmentally acceptable, mini- prove regional traffic flow; and AND PUBLIC ROADS ON FEDERAL LANDS.— mally corrosive anti-icing and deicing composi- ‘‘(C) the construction or improvements are ‘‘(1) DEFINITION OF OPEN TO PUBLIC TRAVEL.— tions for bridges (and approaches to bridges and more cost-effective, as determined by a benefit- In this subsection, the term ‘open to public trav- other elevated structures) and tunnels on public cost analysis, than an improvement to the Fed- el’ means, with respect to a road, that, except roads of all functional classifications, including eral-aid highway described in subparagraph during scheduled periods, extreme weather con- any such construction or reconstruction nec- (A).’’. ditions, or emergencies, the road is open to the essary to accommodate other transportation (b) LOCATION OF PROJECTS.—Section 133 of general public for use with a standard pas- modes. title 23, United States Code, is amended by strik- senger vehicle, without restrictive gates or pro- ‘‘(3) Construction of a new bridge or tunnel at ing subsection (c) and inserting the following: hibitive signs or regulations, other than for gen- a new location on a Federal-aid highway. ‘‘(c) LOCATION OF PROJECTS.—Surface trans- eral traffic control or restrictions based on size, ‘‘(4) Inspection and evaluation of bridges and portation program projects may not be under- weight, or class of registration. tunnels and training of bridge and tunnel in- taken on roads functionally classified as local ‘‘(2) EXPENDITURE OF FUNDS.—Notwith- spectors (as defined in section 144), and inspec- or rural minor collectors unless the roads were standing subsection (d)(1), the Secretary may tion and evaluation of other highway assets (in- on a Federal-aid highway system on January 1, expend funds from the emergency fund author- cluding signs, retaining walls, and drainage 1991, except— ized by this section, independently or in co- structures).’’; ‘‘(1) as provided in subsection (g); operation with any other branch of the Federal (5) by striking paragraph (6) (as so redesig- ‘‘(2) for projects described in paragraphs (2), Government, a State agency, a tribal govern- nated) and inserting the following: (4), (6), (7), (11), (20), (25), and (26) of subsection ment, an organization, or a person, for the re- ‘‘(6) Carpool projects, fringe and corridor (b); and pair or reconstruction of tribal transportation parking facilities and programs, including elec- ‘‘(3) as approved by the Secretary.’’. facilities, Federal lands transportation facilities, tric vehicle and natural gas vehicle infrastruc- (c) ALLOCATION OF APPORTIONED FUNDS.— and other federally owned roads that are open ture in accordance with section 137, bicycle Section 133 of the title 23, United States Code, is to public travel, whether or not those facilities transportation and pedestrian walkways in ac- amended by striking subsection (d) and insert- are Federal-aid highways. cordance with section 217, and the modifications ing the following: ‘‘(3) REIMBURSEMENT.— of public sidewalks to comply with the Ameri- ‘‘(d) ALLOCATIONS OF APPORTIONED FUNDS TO ‘‘(A) IN GENERAL.—The Secretary may reim- cans with Disabilities Act of 1990 (42 U.S.C. AREAS BASED ON POPULATION.— burse Federal and State agencies (including po- 12101 et seq.).’’; ‘‘(1) CALCULATION.—Of the funds apportioned litical subdivisions) for expenditures made for (6) by striking paragraph (7) (as so redesig- to a State under section 104(b)(2)— projects determined eligible under this section, nated) and inserting the following: ‘‘(A) 50 percent for a fiscal year shall be obli- including expenditures for emergency repairs ‘‘(7) Highway and transit safety infrastruc- gated under this section, in proportion to their made before a determination of eligibility. ture improvements and programs, installation of relative shares of the population of the State— ‘‘(B) TRANSFERS.—With respect to reimburse- safety barriers and nets on bridges, hazard ‘‘(i) in urbanized areas of the State with an ments described in subparagraph (A)— eliminations, projects to mitigate hazards caused urbanized area population of over 200,000; ‘‘(i) those reimbursements to Federal agencies by wildlife, and railway-highway grade cross- ‘‘(ii) in areas of the State other than urban and Indian tribal governments shall be trans- ings.’’; areas with a population greater than 5,000; and

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00284 Fmt 4634 Sfmt 6333 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE June 28, 2012 CONGRESSIONAL RECORD — HOUSE H4443 ‘‘(iii) in other areas of the State; and penditures for off-system bridges under subpara- SEC. 1111. NATIONAL BRIDGE AND TUNNEL IN- ‘‘(B) 50 percent may be obligated in any area graph (A) with respect to the State if the Sec- VENTORY AND INSPECTION STAND- of the State. retary determines that the State has inadequate ARDS. ‘‘(2) METROPOLITAN AREAS.—Funds attributed needs to justify the expenditure. (a) IN GENERAL.—Section 144 of title 23, United States Code, is amended to read as fol- to an urbanized area under paragraph (1)(A)(i) ‘‘(3) CREDIT FOR BRIDGES NOT ON FEDERAL-AID lows: may be obligated in the metropolitan area estab- HIGHWAYS.—Notwithstanding any other provi- lished under section 134 that encompasses the sion of law, with respect to any project not on ‘‘§ 144. National bridge and tunnel inventory urbanized area. a Federal-aid highway for the replacement of a and inspection standards ‘‘(3) CONSULTATION WITH REGIONAL TRANSPOR- bridge or rehabilitation of a bridge that is whol- ‘‘(a) FINDINGS AND DECLARATIONS.— TATION PLANNING ORGANIZATIONS.—For purposes ly funded from State and local sources, is eligi- ‘‘(1) FINDINGS.—Congress finds that— of paragraph (1)(A)(ii), before obligating fund- ble for Federal funds under this section, is non- ‘‘(A) the condition of the bridges of the United ing attributed to an area with a population controversial, is certified by the State to have States has improved since the date of enactment greater than 5,000 and less than 200,000, a State been carried out in accordance with all stand- of the Transportation Equity Act for the 21st shall consult with the regional transportation ards applicable to such projects under this sec- Century (Public Law 105–178; 112 Stat. 107), yet planning organizations that represent the area, tion, and is determined by the Secretary upon continued improvement to bridge conditions is if any. completion to be no longer a deficient bridge— essential to protect the safety of the traveling ‘‘(4) DISTRIBUTION AMONG URBANIZED AREAS ‘‘(A) any amount expended after the date of public and allow for the efficient movement of OF OVER 200,000 POPULATION.— enactment of this subsection from State and people and goods on which the economy of the ‘‘(A) IN GENERAL.—Except as provided in sub- local sources for the project in excess of 20 per- United States relies; and paragraph (B), the amount of funds that a State cent of the cost of construction of the project ‘‘(B) the systematic preventative maintenance is required to obligate under paragraph (1)(A)(i) may be credited to the non-Federal share of the of bridges, and replacement and rehabilitation shall be obligated in urbanized areas described cost of other bridge projects in the State that are of deficient bridges, should be undertaken in paragraph (1)(A)(i) based on the relative pop- eligible for Federal funds under this section; through an overall asset management approach ulation of the areas. and to transportation investment. ‘‘(B) OTHER FACTORS.—The State may obligate ‘‘(2) DECLARATIONS.—Congress declares that it the funds described in subparagraph (A) based ‘‘(B) that crediting shall be conducted in ac- is in the vital interest of the United States— on other factors if the State and the relevant cordance with procedures established by the ‘‘(A) to inventory, inspect, and improve the metropolitan planning organizations jointly Secretary. condition of the highway bridges and tunnels of apply to the Secretary for the permission to base ‘‘(h) SPECIAL RULE FOR AREAS OF LESS THAN the United States; the obligation on other factors and the Sec- 5,000 POPULATION.— ‘‘(B) to use a data-driven, risk-based ap- retary grants the request. ‘‘(1) SPECIAL RULE.—Notwithstanding sub- proach and cost-effective strategy for systematic ‘‘(5) APPLICABILITY OF PLANNING REQUIRE- section (c), and except as provided in paragraph preventative maintenance, replacement, and re- MENTS.—Programming and expenditure of funds (2), up to 15 percent of the amounts required to habilitation of highway bridges and tunnels to for projects under this section shall be con- be obligated by a State under subsection ensure safety and extended service life; sistent with sections 134 and 135.’’. (d)(1)(A)(iii) for each of fiscal years 2013 ‘‘(C) to use performance-based bridge manage- (d) ADMINISTRATION.—Section 133 of title 23, through 2014 may be obligated on roads func- ment systems to assist States in making timely United States Code, is amended by striking sub- tionally classified as minor collectors. investments; section (e) and inserting the following: ‘‘(2) SUSPENSION.—The Secretary may suspend ‘‘(D) to ensure accountability and link per- ‘‘(e) ADMINISTRATION.— the application of paragraph (1) with respect to formance outcomes to investment decisions; and ‘‘(1) SUBMISSION OF PROJECT AGREEMENT.—For a State if the Secretary determines that the au- each fiscal year, each State shall submit a ‘‘(E) to ensure connectivity and access for thority provided under paragraph (1) is being residents of rural areas of the United States project agreement that— used excessively by the State.’’. ‘‘(A) certifies that the State will meet all the through strategic investments in National High- requirements of this section; and SEC. 1109. WORKFORCE DEVELOPMENT. way System bridges and bridges on all public ‘‘(B) notifies the Secretary of the amount of (a) ON-THE-JOB TRAINING.—Section 140(b) of roads. obligations needed to carry out the program title 23, United States Code, is amended— ‘‘(b) NATIONAL BRIDGE AND TUNNEL INVEN- under this section. (1) in the second sentence, by striking ‘‘When- TORIES.—The Secretary, in consultation with ‘‘(2) REQUEST FOR ADJUSTMENTS OF ever apportionments are made under section the States and Federal agencies with jurisdic- AMOUNTS.—Each State shall request from the 104(b)(3) of this title,’’ and inserting ‘‘From ad- tion over highway bridges and tunnels, shall— Secretary such adjustments to the amount of ob- ministrative funds made available under section ‘‘(1) inventory all highway bridges on public ligations referred to in paragraph (1)(B) as the 104(a),’’; and roads, on and off Federal-aid highways, including tribally owned and Federally owned bridges, State determines to be necessary. (2) in the fourth sentence, by striking ‘‘and that are bridges over waterways, other topo- ‘‘(3) EFFECT OF APPROVAL BY THE SEC- the bridge program under section 144’’. RETARY.—Approval by the Secretary of a project graphical barriers, other highways, and rail- (b) DISADVANTAGED BUSINESS ENTERPRISE.— agreement under paragraph (1) shall be deemed roads; Section 140(c) of title 23, United States Code, is ‘‘(2) inventory all tunnels on public roads, on a contractual obligation of the United States to amended in the second sentence by striking pay surface transportation program funds made and off Federal-aid highways, including tribally ‘‘Whenever apportionments are made under sec- owned and Federally owned tunnels; available under this title.’’. tion 104(b)(3),’’ and inserting ‘‘From administra- (e) OBLIGATION AUTHORITY.—Section 133(f)(1) ‘‘(3) classify the bridges according to service- tive funds made available under section of title 23, United States Code, is amended by ability, safety, and essentiality for public use, 104(a),’’. striking ‘‘2004 through 2006 and the period of including the potential impacts to emergency fiscal years 2007 through 2009’’ and inserting SEC. 1110. HIGHWAY USE TAX EVASION evacuation routes and to regional and national ‘‘2011 through 2014’’. PROJECTS. freight and passenger mobility if the service- (f) BRIDGES NOT ON FEDERAL-AID HIGH- Section 143 of title 23, United States Code, is ability of the bridge is restricted or diminished; WAYS.—Section 133 of the title 23, United States amended— ‘‘(4) based on that classification, assign each Code, is amended by adding at the end the fol- (1) in subsection (b)— a risk-based priority for systematic preventative lowing: (A) by striking paragraph (2) and inserting maintenance, replacement, or rehabilitation; ‘‘(g) BRIDGES NOT ON FEDERAL-AID HIGH- the following: and ‘‘(5) determine the cost of replacing each WAYS.— ‘‘(2) FUNDING.— ‘‘(1) DEFINITION OF OFF-SYSTEM BRIDGE.—In structurally deficient bridge identified under ‘‘(A) IN GENERAL.—From administrative funds this subsection, the term ‘off-system bridge’ this subsection with a comparable facility or the made available under section 104(a), the Sec- means a highway bridge located on a public cost of rehabilitating the bridge. retary shall deduct such sums as are necessary, road, other than a bridge on a Federal-aid high- ‘‘(c) GENERAL BRIDGE AUTHORITY.— not to exceed $10,000,000 for each of fiscal years way. ‘‘(1) IN GENERAL.—Except as provided in para- 2013 and 2014, to carry out this section. ‘‘(2) SPECIAL RULE.— graph (2) and notwithstanding any other provi- ‘‘(A) SET-ASIDE.—Of the amounts apportioned ‘‘(B) ALLOCATION OF FUNDS.—Funds made sion of law, the General Bridge Act of 1946 (33 to a State for fiscal year 2013 and each fiscal available to carry out this section may be allo- U.S.C. 525 et seq.) shall apply to bridges author- year thereafter under this section, the State cated to the Internal Revenue Service and the ized to be replaced, in whole or in part, by this shall obligate for activities described in sub- States at the discretion of the Secretary, except title. section (b)(2) for off-system bridges an amount that of funds so made available for each fiscal ‘‘(2) EXCEPTION.—Section 502(b) of the Gen- that is not less than 15 percent of the amount of year, $2,000,000 shall be available only to carry eral Bridge Act of 1946 (33 U.S.C. 525(b)) and funds apportioned to the State for the highway out intergovernmental enforcement efforts, in- section 9 of the Act of March 3, 1899 (33 U.S.C. bridge program for fiscal year 2009, except that cluding research and training.’’; and 401), shall not apply to any bridge constructed, amounts allocated under subsection (d) shall (B) in paragraph (8) by striking ‘‘section reconstructed, rehabilitated, or replaced with not be obligated to carry out this subsection. 104(b)(3)’’ and inserting ‘‘section 104(b)(2)’’; and assistance under this title, if the bridge is over ‘‘(B) REDUCTION OF EXPENDITURES.—The Sec- (2) in subsection (c)(3) by striking ‘‘for each of waters that— retary, after consultation with State and local fiscal years 2005 through 2009,’’ and inserting ‘‘(A) are not used and are not susceptible to officials, may reduce the requirement for ex- ‘‘for each fiscal year,’’. use in the natural condition of the bridge or by

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reasonable improvement as a means to transport bridge that is listed on, or eligible for listing on, ‘‘(3) STATE COMPLIANCE WITH INSPECTION interstate or foreign commerce; and the National Register of Historic Places. STANDARDS.—The Secretary shall, at a min- ‘‘(B) are— ‘‘(2) COORDINATION.—The Secretary shall, in imum— ‘‘(i) not tidal; or cooperation with the States, encourage the re- ‘‘(A) establish, in consultation with the ‘‘(ii) if tidal, used only by recreational boat- tention, rehabilitation, adaptive reuse, and fu- States, Federal agencies, and interested and ing, fishing, and other small vessels that are less ture study of historic bridges. knowledgeable private organizations and indi- than 21 feet in length. ‘‘(3) STATE INVENTORY.—The Secretary shall viduals, procedures to conduct reviews of State ‘‘(d) INVENTORY UPDATES AND REPORTS.— require each State to complete an inventory of compliance with— ‘‘(1) IN GENERAL.—The Secretary shall— all bridges on and off Federal-aid highways to ‘‘(i) the standards established under this sub- ‘‘(A) annually revise the inventories author- determine the historic significance of the section; and ized by subsection (b); and bridges. ‘‘(ii) the calculation or reevaluation of bridge ‘‘(B) submit to the Committee on Transpor- ‘‘(4) ELIGIBILITY.— load ratings; and tation and Infrastructure of the House of Rep- ‘‘(A) IN GENERAL.—Subject to subparagraph ‘‘(B) establish, in consultation with the resentatives and the Committee on Environment (B), reasonable costs associated with actions to States, Federal agencies, and interested and and Public Works of the Senate a report on the preserve, or reduce the impact of a project under knowledgeable private organizations and indi- inventories. this chapter on, the historic integrity of a his- viduals, procedures for States to follow in re- ‘‘(2) INSPECTION REPORT.—Not later than 2 toric bridge shall be eligible as reimbursable porting to the Secretary— years after the date of enactment of the MAP– project costs under section 133 if the load capac- ‘‘(i) critical findings relating to structural or 21, each State and appropriate Federal agency ity and safety features of the historic bridge are safety-related deficiencies of highway bridges shall report element level data to the Secretary, adequate to serve the intended use for the life of and tunnels; and as each bridge is inspected pursuant to this sec- the historic bridge. ‘‘(ii) monitoring activities and corrective action, for all highway bridges on the National ‘‘(B) BRIDGES NOT USED FOR VEHICLE TRAF- tions taken in response to a critical finding de- Highway System. FIC.—In the case of a historic bridge that is no scribed in clause (i). longer used for motorized vehicular traffic, the ‘‘(3) GUIDANCE.—The Secretary shall provide ‘‘(4) REVIEWS OF STATE COMPLIANCE.— ‘‘(A) IN GENERAL.—The Secretary shall annu- guidance to States and Federal agencies for im- costs eligible as reimbursable project costs pur- ally review State compliance with the standards plementation of this subsection, while respecting suant to this chapter shall not exceed the esti- established under this section. the existing inspection schedule of each State. mated cost of demolition of the historic bridge. ‘‘(5) PRESERVATION.—Any State that proposes ‘‘(B) NONCOMPLIANCE.—If an annual review ‘‘(4) BRIDGES NOT ON NATIONAL HIGHWAY SYS- to demolish a historic bridge for a replacement in accordance with subparagraph (A) identifies TEM.—The Secretary shall— project with funds made available to carry out noncompliance by a State, the Secretary shall— ‘‘(A) conduct a study on the benefits, cost-ef- this section shall first make the historic bridge ‘‘(i) issue a report detailing the issues of the fectiveness, and feasibility of requiring element- available for donation to a State, locality, or re- noncompliance by December 31 of the calendar level data collection for bridges not on the Na- sponsible private entity if the State, locality, or year in which the review was made; and tional Highway System; and responsible entity enters into an agreement— ‘‘(ii) provide the State an opportunity to ad- ‘‘(B) submit to the Committee on Transpor- ‘‘(A) to maintain the bridge and the features dress the noncompliance by— tation and Infrastructure of the House of Rep- that give the historic bridge its historic signifi- ‘‘(I) developing a corrective action plan to resentatives and the Committee on Environment cance; and remedy the noncompliance; or and Public Works of the Senate a report on the ‘‘(B) to assume all future legal and financial ‘‘(II) resolving the issues of noncompliance results of the study. responsibility for the historic bridge, which may not later than 45 days after the date of notifica- ‘‘(e) BRIDGES WITHOUT TAXING POWERS.— include an agreement to hold the State trans- tion. ‘‘(1) IN GENERAL.—Notwithstanding any other portation department harmless in any liability ‘‘(5) PENALTY FOR NONCOMPLIANCE.— provision of law, any bridge that is owned and action. ‘‘(A) IN GENERAL.—If a State fails to satisfy operated by an agency that does not have tax- ‘‘(6) COSTS INCURRED.— the requirements of paragraph (4)(B) by August ing powers and whose functions include oper- ‘‘(A) IN GENERAL.—Costs incurred by the State 1 of the calendar year following the year of a ating a federally assisted public transit system to preserve a historic bridge (including funds finding of noncompliance, the Secretary shall, subsidized by toll revenues shall be eligible for made available to the State, locality, or private on October 1 of that year, and each year there- assistance under this title, but the amount of entity to enable it to accept the bridge) shall be after as may be necessary, require the State to such assistance shall in no event exceed the cu- eligible as reimbursable project costs under this dedicate funds apportioned to the State under mulative amount which such agency has ex- chapter in an amount not to exceed the cost of sections 119 and 133 after the date of enactment pended for capital and operating costs to sub- demolition. of the MAP–21 to correct the noncompliance sidize such transit system. ‘‘(B) ADDITIONAL FUNDING.—Any bridge pre- with the minimum inspection standards estab- ‘‘(2) INSUFFICIENT ASSETS.—Before authorizing served pursuant to this paragraph shall not be lished under this subsection. an expenditure of funds under this subsection, eligible for any other funds authorized pursuant ‘‘(B) AMOUNT.—The amount of the funds to be the Secretary shall determine that the applicant to this title. directed to correcting noncompliance in accord- agency has insufficient reserves, surpluses, and ‘‘(h) NATIONAL BRIDGE AND TUNNEL INSPEC- ance with subparagraph (A) shall— projected revenues (over and above those re- TION STANDARDS.— ‘‘(i) be determined by the State based on an quired for bridge and transit capital and oper- ‘‘(1) REQUIREMENT.— analysis of the actions needed to address the ating costs) to fund the bridge project or activity ‘‘(A) IN GENERAL.—The Secretary shall estab- noncompliance; and eligible for assistance under this title. lish and maintain inspection standards for the ‘‘(ii) require approval by the Secretary. ‘‘(3) CREDITING OF NON-FEDERAL FUNDS.—Any proper inspection and evaluation of all highway ‘‘(6) UPDATE OF STANDARDS.—Not later than 3 non-Federal funds expended for the seismic ret- bridges and tunnels for safety and service- years after the date of enactment of the MAP– rofit of the bridge may be credited toward the ability. 21, the Secretary shall update inspection stand- non-Federal share required as a condition of re- ‘‘(B) UNIFORMITY.—The standards under this ards to cover— ceipt of any Federal funds for seismic retrofit of subsection shall be designed to ensure uni- ‘‘(A) the methodology, training, and qualifica- the bridge made available after the date of the formity of the inspections and evaluations. tions for inspectors; and ‘‘(2) MINIMUM REQUIREMENTS OF INSPECTION ‘‘(B) the frequency of inspection. expenditure. STANDARDS.—The standards established under ‘‘(7) RISK-BASED APPROACH.—In carrying out ‘‘(f) REPLACEMENT OF DESTROYED BRIDGES paragraph (1) shall, at a minimum— the revisions required by paragraph (6), the Sec- AND FERRY BOAT SERVICE.— ‘‘(A) specify, in detail, the method by which retary shall consider a risk-based approach to ‘‘(1) IN GENERAL.—Notwithstanding any other the inspections shall be carried out by the determining the frequency of bridge inspections. provision of law, a State may use the funds ap- States, Federal agencies, and tribal govern- ‘‘(i) TRAINING PROGRAM FOR BRIDGE AND TUN- portioned under section 104(b)(2) to construct ments; NEL INSPECTORS.— any bridge that replaces— ‘‘(B) establish the maximum time period be- ‘‘(1) IN GENERAL.—The Secretary, in coopera- ‘‘(A) any low water crossing (regardless of the tween inspections; tion with the State transportation departments, length of the low water crossing); ‘‘(C) establish the qualifications for those shall maintain a program designed to train ap- ‘‘(B) any bridge that was destroyed prior to charged with carrying out the inspections; propriate personnel to carry out highway bridge January 1, 1965; ‘‘(D) require each State, Federal agency, and and tunnel inspections. ‘‘(C) any ferry that was in existence on Janu- tribal government to maintain and make avail- ‘‘(2) REVISIONS.—The training program shall ary 1, 1984; or able to the Secretary on request— be revised from time to time to take into account ‘‘(D) any road bridge that is rendered obsolete ‘‘(i) written reports on the results of highway new and improved techniques. as a result of a Corps of Engineers flood control bridge and tunnel inspections and notations of ‘‘(j) AVAILABILITY OF FUNDS.—In carrying out or channelization project and is not rebuilt with any action taken pursuant to the findings of the this section— funds from the Corps of Engineers. inspections; and ‘‘(1) the Secretary may use funds made avail- ‘‘(2) FEDERAL SHARE.—The Federal share pay- ‘‘(ii) current inventory data for all highway able to the Secretary under sections 104(a) and able on any bridge construction carried out bridges and tunnels reflecting the findings of 503; under paragraph (1) shall be 80 percent of the the most recent highway bridge and tunnel in- ‘‘(2) a State may use amounts apportioned to cost of the construction. spections conducted; and the State under section 104(b)(1) and 104(b)(3); ‘‘(g) HISTORIC BRIDGES.— ‘‘(E) establish a procedure for national certifi- ‘‘(3) an Indian tribe may use funds made ‘‘(1) DEFINITION OF HISTORIC BRIDGE.—In this cation of highway bridge inspectors and tunnel available to the Indian tribe under section 202; subsection, the term ‘historic bridge’ means any inspectors. and

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00286 Fmt 4634 Sfmt 6333 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE June 28, 2012 CONGRESSIONAL RECORD — HOUSE H4445 ‘‘(4) a Federal agency may use funds made zones and traffic lanes for the safety of road ‘‘(ii) regional transportation planning organi- available to the agency under section 503.’’. users and workers), and crash attenuators. zations and metropolitan planning organiza- (b) CONFORMING AMENDMENT.—The analysis ‘‘(xvii) The addition or retrofitting of structions, if any; for chapter 1 of title 23, United States Code, is tures or other measures to eliminate or reduce ‘‘(iii) representatives of major modes of trans- amended by striking the item relating to section crashes involving vehicles and wildlife. portation; 144 and inserting the following: ‘‘(xviii) Installation of yellow-green signs and ‘‘(iv) State and local traffic enforcement offi- ‘‘144. National bridge and tunnel inventory and signals at pedestrian and bicycle crossings and cials; inspection standards.’’. in school zones. ‘‘(v) a highway-rail grade crossing safety rep- ‘‘(xix) Construction and operational improve- resentative of the Governor of the State; SEC. 1112. HIGHWAY SAFETY IMPROVEMENT PRO- ‘‘(vi) representatives conducting a motor car- GRAM. ments on high risk rural roads. rier safety program under section 31102, 31106, (a) IN GENERAL.—Section 148 of title 23, ‘‘(xx) Geometric improvements to a road for safety purposes that improve safety. or 31309 of title 49; United States Code, is amended to read as fol- ‘‘(vii) motor vehicle administration agencies; lows: ‘‘(xxi) A road safety audit. ‘‘(xxii) Roadway safety infrastructure im- ‘‘(viii) county transportation officials; ‘‘(ix) State representatives of nonmotorized ‘‘§ 148. Highway safety improvement program provements consistent with the recommenda- ‘‘(a) DEFINITIONS.—In this section, the fol- users; and tions included in the publication of the Federal ‘‘(x) other major Federal, State, tribal, and lowing definitions apply: Highway Administration entitled ‘Highway De- ‘‘(1) HIGH RISK RURAL ROAD.—The term ‘high local safety stakeholders; sign Handbook for Older Drivers and Pedes- ‘‘(B) analyzes and makes effective use of risk rural road’ means any roadway function- trians’ (FHWA–RD–01–103), dated May 2001 or ally classified as a rural major or minor col- State, regional, local, or tribal safety data; as subsequently revised and updated. ‘‘(C) addresses engineering, management, op- lector or a rural local road with significant safe- ‘‘(xxiii) Truck parking facilities eligible for ty risks, as defined by a State in accordance eration, education, enforcement, and emergency funding under section 1401 of the MAP–21. services elements (including integrated, inter- with an updated State strategic highway safety ‘‘(xxiv) Systemic safety improvements. plan. operable emergency communications) of high- ‘‘(5) MODEL INVENTORY OF ROADWAY ELE- way safety as key factors in evaluating high- ‘‘(2) HIGHWAY BASEMAP.—The term ‘highway MENTS.—The term ‘model inventory of roadway basemap’ means a representation of all public way projects; elements’ means the listing and standardized ‘‘(D) considers safety needs of, and high-fa- roads that can be used to geolocate attribute coding by the Federal Highway Administration tality segments of, all public roads, including data on a roadway. of roadway and traffic data elements critical to non-State-owned public roads and roads on trib- ‘‘(3) HIGHWAY SAFETY IMPROVEMENT PRO- safety management, analysis, and decisional land; GRAM.—The term ‘highway safety improvement making. ‘‘(E) considers the results of State, regional, or program’ means projects, activities, plans, and ‘‘(6) PROJECT TO MAINTAIN MINIMUM LEVELS local transportation and highway safety plan- reports carried out under this section. OF RETROREFLECTIVITY.—The term ‘project to ning processes; ‘‘(4) HIGHWAY SAFETY IMPROVEMENT maintain minimum levels of retroreflectivity’ ‘‘(F) describes a program of strategies to re- PROJECT.— means a project that is designed to maintain a duce or eliminate safety hazards; ‘‘(A) IN GENERAL.—The term ‘highway safety highway sign or pavement marking ‘‘(G) is approved by the Governor of the State improvement project’ means strategies, activi- retroreflectivity at or above the minimum levels or a responsible State agency; ties, and projects on a public road that are con- prescribed in Federal or State regulations. ‘‘(H) is consistent with section 135(g); and sistent with a State strategic highway safety ‘‘(7) ROAD SAFETY AUDIT.—The term ‘road ‘‘(I) is updated and submitted to the Secretary plan and— safety audit’ means a formal safety performance for approval as required under subsection (d)(2). ‘‘(i) correct or improve a hazardous road loca- examination of an existing or future road or ‘‘(13) SYSTEMIC SAFETY IMPROVEMENT.—The tion or feature; or intersection by an independent multidisci- term ‘systemic safety improvement’ means an ‘‘(ii) address a highway safety problem. plinary audit team. improvement that is widely implemented based ‘‘(B) INCLUSIONS.—The term ‘highway safety ‘‘(8) ROAD USERS.—The term ‘road user’ means on high-risk roadway features that are cor- improvement project’ includes, but is not limited a motorist, passenger, public transportation op- related with particular crash types, rather than to, a project for 1 or more of the following: crash frequency. ‘‘(i) An intersection safety improvement. erator or user, truck driver, bicyclist, motorcyclist, or pedestrian, including a person with dis- ‘‘(b) PROGRAM.— ‘‘(ii) Pavement and shoulder widening (in- ‘‘(1) IN GENERAL.—The Secretary shall carry cluding addition of a passing lane to remedy an abilities. ‘‘(9) SAFETY DATA.— out a highway safety improvement program. unsafe condition). ‘‘(2) PURPOSE.—The purpose of the highway ‘‘(iii) Installation of rumble strips or another ‘‘(A) IN GENERAL.—The term ‘safety data’ means crash, roadway, and traffic data on a safety improvement program shall be to achieve warning device, if the rumble strips or other a significant reduction in traffic fatalities and warning devices do not adversely affect the public road. ‘‘(B) INCLUSION.—The term ‘safety data’ in- serious injuries on all public roads, including safety or mobility of bicyclists and pedestrians, non-State-owned public roads and roads on trib- including persons with disabilities. cludes, in the case of a railway-highway grade crossing, the characteristics of highway and al land. ‘‘(iv) Installation of a skid-resistant surface at ‘‘(c) ELIGIBILITY.— train traffic, licensing, and vehicle data. an intersection or other location with a high ‘‘(1) IN GENERAL.—To obligate funds appor- ‘‘(10) SAFETY PROJECT UNDER ANY OTHER SEC- frequency of crashes. tioned under section 104(b)(3) to carry out this TION.— ‘‘(v) An improvement for pedestrian or bicy- section, a State shall have in effect a State ‘‘(A) IN GENERAL.—The term ‘safety project clist safety or safety of persons with disabilities. highway safety improvement program under under any other section’ means a project carried ‘‘(vi) Construction and improvement of a rail- which the State— way-highway grade crossing safety feature, in- out for the purpose of safety under any other ‘‘(A) develops, implements, and updates a cluding installation of protective devices. section of this title. State strategic highway safety plan that identi- ‘‘(B) INCLUSION.—The term ‘safety project ‘‘(vii) The conduct of a model traffic enforce- fies and analyzes highway safety problems and under any other section’ includes— ment activity at a railway-highway crossing. opportunities as provided in subsections (a)(12) ‘‘(i) a project consistent with the State stra- ‘‘(viii) Construction of a traffic calming fea- and (d); ture. tegic highway safety plan that promotes the ‘‘(B) produces a program of projects or strate- ‘‘(ix) Elimination of a roadside hazard. awareness of the public and educates the public gies to reduce identified safety problems; and ‘‘(x) Installation, replacement, and other im- concerning highway safety matters (including ‘‘(C) evaluates the strategic highway safety provement of highway signage and pavement motorcycle safety); plan on a regularly recurring basis in accord- markings, or a project to maintain minimum lev- ‘‘(ii) a project to enforce highway safety laws; ance with subsection (d)(1) to ensure the accu- els of retroreflectivity, that addresses a highway and racy of the data and priority of proposed strate- safety problem consistent with a State strategic ‘‘(iii) a project to provide infrastructure and gies. highway safety plan. infrastructure-related equipment to support ‘‘(2) IDENTIFICATION AND ANALYSIS OF HIGH- ‘‘(xi) Installation of a priority control system emergency services. WAY SAFETY PROBLEMS AND OPPORTUNITIES.—As for emergency vehicles at signalized intersec- ‘‘(11) STATE HIGHWAY SAFETY IMPROVEMENT part of the State highway safety improvement tions. PROGRAM.—The term ‘State highway safety im- program, a State shall— ‘‘(xii) Installation of a traffic control or other provement program’ means a program of high- ‘‘(A) have in place a safety data system with warning device at a location with high crash way safety improvement projects, activities, the ability to perform safety problem identifica- potential. plans and reports carried out as part of the tion and countermeasure analysis— ‘‘(xiii) Transportation safety planning. Statewide transportation improvement program ‘‘(i) to improve the timeliness, accuracy, com- ‘‘(xiv) Collection, analysis, and improvement under section 135(g). pleteness, uniformity, integration, and accessi- of safety data. ‘‘(12) STATE STRATEGIC HIGHWAY SAFETY bility of the safety data on all public roads, in- ‘‘(xv) Planning integrated interoperable emer- PLAN.—The term ‘State strategic highway safety cluding non-State-owned public roads and roads gency communications equipment, operational plan’ means a comprehensive plan, based on on tribal land in the State; activities, or traffic enforcement activities (in- safety data, developed by a State transportation ‘‘(ii) to evaluate the effectiveness of data im- cluding police assistance) relating to work zone department that— provement efforts; safety. ‘‘(A) is developed after consultation with— ‘‘(iii) to link State data systems, including ‘‘(xvi) Installation of guardrails, barriers (in- ‘‘(i) a highway safety representative of the traffic records, with other data systems within cluding barriers between construction work Governor of the State; the State;

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‘‘(iv) to improve the compatibility and inter- ‘‘(1) ESTABLISHMENT OF REQUIREMENTS.— ‘‘(A) IN GENERAL.—The term ‘data improve- operability of safety data with other State ‘‘(A) IN GENERAL.—Not later than 1 year after ment activities’ means a project or activity to transportation-related data systems and the the date of enactment of the MAP–21, the Sec- further the capacity of a State to make more in- compatibility and interoperability of State safe- retary shall establish requirements for regularly formed and effective safety infrastructure in- ty data systems with data systems of other recurring State updates of strategic highway vestment decisions. States and national data systems; safety plans. ‘‘(B) INCLUSIONS.—The term ‘data improve- ‘‘(v) to enhance the ability of the Secretary to ‘‘(B) CONTENTS OF UPDATED STRATEGIC HIGH- ment activities’ includes a project or activity— observe and analyze national trends in crash WAY SAFETY PLANS.—In establishing require- ‘‘(i) to create, update, or enhance a highway occurrences, rates, outcomes, and cir- ments under this subsection, the Secretary shall basemap of all public roads in a State; cumstances; and ensure that States take into consideration, with ‘‘(ii) to collect safety data, including data ‘‘(vi) to improve the collection of data on non- respect to updated strategic highway safety identified as part of the model inventory for motorized crashes; plans— roadway elements, for creation of or use on a ‘‘(B) based on the analysis required by sub- ‘‘(i) the findings of road safety audits; highway basemap of all public roads in a State; paragraph (A)— ‘‘(ii) the locations of fatalities and serious in- ‘‘(iii) to store and maintain safety data in an ‘‘(i) identify hazardous locations, sections, juries; electronic manner; and elements (including roadside obstacles, rail- ‘‘(iii) the locations that do not have an empir- ‘‘(iv) to develop analytical processes for safety way-highway crossing needs, and unmarked or ical history of fatalities and serious injuries, but data elements; poorly marked roads) that constitute a danger possess risk factors for potential crashes; ‘‘(v) to acquire and implement roadway safety to motorists (including motorcyclists), bicyclists, ‘‘(iv) rural roads, including all public roads, analysis tools; and pedestrians, and other highway users; commensurate with fatality data; ‘‘(vi) to support the collection, maintenance, ‘‘(ii) using such criteria as the State deter- ‘‘(v) motor vehicle crashes that include fatali- and sharing of safety data on all public roads mines to be appropriate, establish the relative ties or serious injuries to pedestrians and and related systems associated with the analyt- severity of those locations, in terms of crashes bicyclists; ical usage of that data. (including crash rates), fatalities, serious inju- ‘‘(vi) the cost-effectiveness of improvements; ‘‘(2) MODEL INVENTORY OF ROADWAY ELE- ries, traffic volume levels, and other relevant ‘‘(vii) improvements to rail-highway grade MENTS.—The Secretary shall— data; crossings; and ‘‘(A) establish a subset of the model inventory ‘‘(iii) identify the number of fatalities and se- ‘‘(viii) safety on all public roads, including of roadway elements that are useful for the in- rious injuries on all public roads by location in non-State-owned public roads and roads on trib- ventory of roadway safety; and the State; al land. ‘‘(B) ensure that States adopt and use the ‘‘(iv) identify highway safety improvement ‘‘(2) APPROVAL OF UPDATED STRATEGIC HIGH- subset to improve data collection. projects on the basis of crash experience, crash WAY SAFETY PLANS.— ‘‘(g) SPECIAL RULES.— ‘‘(A) IN GENERAL.—Each State shall— potential, crash rate, or other data-supported ‘‘(1) HIGH-RISK RURAL ROAD SAFETY.—If the ‘‘(i) update the strategic highway safety plans means; and fatality rate on rural roads in a State increases of the State in accordance with the requirements ‘‘(v) consider which projects maximize oppor- over the most recent 2-year period for which established by the Secretary under this sub- tunities to advance safety; data are available, that State shall be required section; and ‘‘(C) adopt strategic and performance-based to obligate in the next fiscal year for projects on ‘‘(ii) submit the updated plans to the Sec- goals that— high risk rural roads an amount equal to at retary, along with a detailed description of the ‘‘(i) address traffic safety, including behav- least 200 percent of the amount of funds the process used to update the plan. ioral and infrastructure problems and opportu- State received for fiscal year 2009 for high risk ‘‘(B) REQUIREMENTS FOR APPROVAL.—The Sec- rural roads under subsection (f) of this section, nities on all public roads; retary shall not approve the process for an up- ‘‘(ii) focus resources on areas of greatest need; as in effect on the day before the date of enact- dated strategic highway safety plan unless— and ‘‘(i) the updated strategic highway safety ment of the MAP–21. ‘‘(iii) are coordinated with other State high- ‘‘(2) OLDER DRIVERS.—If traffic fatalities and plan is consistent with the requirements of this way safety programs; serious injuries per capita for drivers and pedes- subsection and subsection (a)(12); and ‘‘(D) advance the capabilities of the State for ‘‘(ii) the process used is consistent with the re- trians over the age of 65 in a State increases safety data collection, analysis, and integration quirements of this subsection. during the most recent 2-year period for which in a manner that— ‘‘(3) PENALTY FOR FAILURE TO HAVE AN AP- data are available, that State shall be required ‘‘(i) complements the State highway safety PROVED UPDATED STRATEGIC HIGHWAY SAFETY to include, in the subsequent Strategic Highway program under chapter 4 and the commercial ve- PLAN.—If a State does not have an updated Safety Plan of the State, strategies to address hicle safety plan under section 31102 of title 49; strategic highway safety plan with a process ap- the increases in those rates, taking into account ‘‘(ii) includes all public roads, including pub- proved by the Secretary by August 1 of the fiscal the recommendations included in the publica- lic non-State-owned roads and roads on tribal year beginning after the date of establishment of tion of the Federal Highway Administration en- land; the requirements under paragraph (1), the State titled ‘Highway Design Handbook for Older ‘‘(iii) identifies hazardous locations, sections, shall not be eligible to receive any additional Drivers and Pedestrians’ (FHWA–RD–01–103), and elements on all public roads that constitute limitation pursuant to the redistribution of the and dated May 2001, or as subsequently revised a danger to motorists (including motorcyclists), limitation on obligations for Federal-aid high- and updated. bicyclists, pedestrians, persons with disabilities, way and highway safety construction programs ‘‘(h) REPORTS.— and other highway users; that occurs after August 1 for each succeeding ‘‘(1) IN GENERAL.—A State shall submit to the ‘‘(iv) includes a means of identifying the rel- fiscal year until the fiscal year during which Secretary a report that— ative severity of hazardous locations described the plan is approved. ‘‘(A) describes progress being made to imple- in clause (iii) in terms of crashes (including ‘‘(e) ELIGIBLE PROJECTS.— ment highway safety improvement projects crash rate), serious injuries, fatalities, and traf- ‘‘(1) IN GENERAL.—Funds apportioned to the under this section; fic volume levels; and State under section 104(b)(3) may be obligated to ‘‘(B) assesses the effectiveness of those im- ‘‘(v) improves the ability of the State to iden- carry out— provements; and tify the number of fatalities and serious injuries ‘‘(A) any highway safety improvement project ‘‘(C) describes the extent to which the im- on all public roads in the State with a break- on any public road or publicly owned bicycle or provements funded under this section have con- down by functional classification and owner- pedestrian pathway or trail; tributed to reducing— ship in the State; ‘‘(B) as provided in subsection (g); or ‘‘(i) the number and rate of fatalities on all ‘‘(E)(i) determine priorities for the correction ‘‘(C) any project to maintain minimum levels public roads with, to the maximum extent prac- of hazardous road locations, sections, and ele- of retroreflectivity with respect to a public road, ticable, a breakdown by functional classifica- ments (including railway-highway crossing im- without regard to whether the project is in- tion and ownership in the State; provements), as identified through safety data cluded in an applicable State strategic highway ‘‘(ii) the number and rate of serious injuries analysis; safety plan. on all public roads with, to the maximum extent ‘‘(ii) identify opportunities for preventing the ‘‘(2) USE OF OTHER FUNDING FOR SAFETY.— practicable, a breakdown by functional classi- development of such hazardous conditions; and ‘‘(A) EFFECT OF SECTION.—Nothing in this sec- fication and ownership in the State; and ‘‘(iii) establish and implement a schedule of tion prohibits the use of funds made available ‘‘(iii) the occurrences of fatalities and serious highway safety improvement projects for hazard under other provisions of this title for highway injuries at railway-highway crossings. correction and hazard prevention; and safety improvement projects. ‘‘(2) CONTENTS; SCHEDULE.—The Secretary ‘‘(F)(i) establish an evaluation process to ana- ‘‘(B) USE OF OTHER FUNDS.—States are en- shall establish the content and schedule for the lyze and assess results achieved by highway couraged to address the full scope of the safety submission of the report under paragraph (1). safety improvement projects carried out in ac- needs and opportunities of the States by using ‘‘(3) TRANSPARENCY.—The Secretary shall cordance with procedures and criteria estab- funds made available under other provisions of make strategic highway safety plans submitted lished by this section; and this title (except a provision that specifically under subsection (d) and reports submitted ‘‘(ii) use the information obtained under prohibits that use). under this subsection available to the public clause (i) in setting priorities for highway safety ‘‘(f) DATA IMPROVEMENT.— through— improvement projects. ‘‘(1) DEFINITION OF DATA IMPROVEMENT AC- ‘‘(A) the website of the Department; and ‘‘(d) UPDATES TO STRATEGIC HIGHWAY SAFETY TIVITIES.—In this subsection, the following defi- ‘‘(B) such other means as the Secretary deter- PLANS.— nitions apply: mines to be appropriate.

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‘‘(4) DISCOVERY AND ADMISSION INTO EVIDENCE serious bodily injury crashes from the implemen- funds apportioned under section 104(b)(4) for a OF CERTAIN REPORTS, SURVEYS, AND INFORMA- tation of cost-effective roadway safety infra- project or program to establish electric vehicle TION.—Notwithstanding any other provision of structure improvements; and charging stations or natural gas vehicle refuel- law, reports, surveys, schedules, lists, or data (iii) recommendations for State and local gov- ing stations for the use of battery powered or compiled or collected for any purpose relating to ernments on best practice methods to install natural gas fueled trucks or other motor vehicles this section, shall not be subject to discovery or cost-effective roadway safety infrastructure on at any location in the State except that such admitted into evidence in a Federal or State high-risk rural roads. stations may not be established or supported court proceeding or considered for other pur- (3) MANUAL.— where commercial establishments serving motor poses in any action for damages arising from (A) DEVELOPMENT.—Based on the results of vehicle users are prohibited by section 111 of any occurrence at a location identified or ad- the study under paragraph (2), the Secretary, in title 23, United States Code. dressed in the reports, surveys, schedules, lists, consultation with the individuals and entities ‘‘(3) HOV FACILITIES.—No funds may be pro- or other data. described in paragraph (1)(C), shall develop a vided under this section for a project which will ‘‘(i) STATE PERFORMANCE TARGETS.—If the best practices manual to support Federal, State, result in the construction of new capacity avail- Secretary determines that a State has not met or and local efforts to reduce fatalities and serious able to single occupant vehicles unless the made significant progress toward meeting the bodily injury crashes on high-risk rural roads project consists of a high occupancy vehicle fa- performance targets of the State established through the use of cost-effective roadway safety cility available to single occupant vehicles only under section 150(d) by the date that is 2 years infrastructure improvements. at other than peak travel times.’’; after the date of the establishment of the per- (B) AVAILABILITY.—The manual shall be made (3) by striking subsection (d) (as redesignated formance targets, the State shall— available to State and local governments not by paragraph (1)) and inserting the following: ‘‘(1) use obligation authority equal to the ap- later than 180 days after the date of submission ‘‘(d) STATES FLEXIBILITY.— portionment of the State for the prior year of the report under paragraph (2). ‘‘(1) STATES WITHOUT A NONATTAINMENT under section 104(b)(3) only for highway safety (C) CONTENTS.—The manual shall include, at AREA.—If a State does not have, and never has improvement projects under this section until a minimum, a list of cost-effective roadway safe- had, a nonattainment area designated under the Secretary determines that the State has met ty infrastructure improvements and best prac- the Clean Air Act (42 U.S.C. 7401 et seq.), the or made significant progress toward meeting the tices on the installation of cost-effective road- State may use funds apportioned to the State performance targets of the State; and way safety infrastructure improvements on under section 104(b)(4) for any project in the ‘‘(2) submit annually to the Secretary, until high-risk rural roads. State that— the Secretary determines that the State has met (D) USE OF MANUAL.—Use of the manual shall ‘‘(A) would otherwise be eligible under sub- or made significant progress toward meeting the be voluntary and the manual shall not establish section (b) as if the project were carried out in performance targets of the State, an implemen- any binding standards or legal duties on State a nonattainment or maintenance area; or tation plan that— or local governments, or any other person. ‘‘(B) is eligible under the surface transpor- ‘‘(A) identifies roadway features that con- SEC. 1113. CONGESTION MITIGATION AND AIR tation program under section 133. stitute a hazard to road users; QUALITY IMPROVEMENT PROGRAM. ‘‘(2) STATES WITH A NONATTAINMENT AREA.— ‘‘(B) identifies highway safety improvement (a) ELIGIBLE PROJECTS.—Section 149(b) of title ‘‘(A) IN GENERAL.—If a State has a nonattain- projects on the basis of crash experience, crash 23, United States Code, is amended— ment area or maintenance area and received potential, or other data-supported means; (1) in the matter preceding paragraph (1)— funds in fiscal year 2009 under section ‘‘(C) describes how highway safety improve- (A) by striking ‘‘in subsection (c)’’ and insert- 104(b)(2)(D), as in effect on the day before the ment program funds will be allocated, including ing ‘‘in subsection (d)’’; and date of enactment of the MAP–21, above the projects, activities, and strategies to be imple- (B) by striking ‘‘section 104(b)(2)’’ and insert- amount of funds that the State would have re- mented; ing ‘‘section 104(b)(4)’’; ceived based on the nonattainment and mainte- ‘‘(D) describes how the proposed projects, ac- (2) in paragraph (5)— nance area population of the State under sub- tivities, and strategies funded under the State (A) by inserting ‘‘add turning lanes,’’ after paragraphs (B) and (C) of section 104(b)(2), as highway safety improvement program will allow ‘‘improve intersections,’’; and in effect on the day before the date of enactment the State to make progress toward achieving the (B) by striking ‘‘paragraph;’’ and inserting of the MAP–21, the State may use for any safety performance targets of the State; and ‘‘paragraph, including programs or projects to project that is eligible under the surface trans- ‘‘(E) describes the actions the State will un- improve incident and emergency response or importation program under section 133 an amount dertake to meet the performance targets of the prove mobility, such as through real-time traf- of funds apportioned to such State under sec- State. fic, transit, and multimodal traveler information 104(b)(4) that is equal to the product ob- ‘‘(j) FEDERAL SHARE OF HIGHWAY SAFETY IM- tion;’’; tained by multiplying— PROVEMENT PROJECTS.—Except as provided in (3) in paragraph (6) by striking ‘‘or’’ at the ‘‘(i) the amount apportioned to such State sections 120 and 130, the Federal share of the end; under section 104(b)(4) (excluding the amount of cost of a highway safety improvement project (4) in paragraph (7)(A)(ii) by striking ‘‘pub- funds reserved under paragraph (l)); by carried out with funds apportioned to a State lished in the list under subsection (f)(2)’’ and ‘‘(ii) the ratio calculated under subparagraph under section 104(b)(3) shall be 90 percent.’’. inserting ‘‘verified technologies (as defined in (B). (b) STUDY OF HIGH-RISK RURAL ROADS BEST section 791 of the Energy Policy Act of 2005 (42 ‘‘(B) RATIO.—For purposes of this paragraph, PRACTICES.— U.S.C. 16131))’’; the ratio shall be calculated as the proportion (1) STUDY.— (5) by striking the matter following paragraph that— (A) IN GENERAL.—The Secretary shall conduct (7); ‘‘(i) the amount for fiscal year 2009 such State a study of the best practices for implementing (6) by redesignating paragraph (7) as para- was permitted by section 149(c)(2), as in effect cost-effective roadway safety infrastructure im- graph (8); and on the day before the date of enactment of the provements on high-risk rural roads. (7) by inserting after paragraph (6) the fol- MAP–21, to obligate in any area of the State for (B) METHODOLOGY.—In carrying out the lowing: projects eligible under section 133, as in effect on study, the Secretary shall— ‘‘(7) if the project or program shifts traffic de- the day before the date of enactment of the (i) conduct a thorough literature review; mand to nonpeak hours or other transportation MAP–21t; bears to (ii) survey current practices of State depart- modes, increases vehicle occupancy rates, or ‘‘(ii) the total apportionment to such State for ments of transportation; and otherwise reduces demand for roads through fiscal year 2009 under section 104(b)(2), as in ef- (iii) survey current practices of local units of such means as telecommuting, ridesharing, fect on the day before the date of enactment of government, as appropriate. carsharing, alternative work hours, and pricing; the MAP–21. (C) CONSULTATION.—In carrying out the ‘‘(3) CHANGES IN DESIGNATION.—If a new non- study, the Secretary shall consult with— or’’. (i) State departments of transportation; (b) SPECIAL RULES.—Section 149 of title 23, attainment area is designated or a previously (ii) county engineers and public works profes- United States Code, is amended— designated nonattainment area is redesignated sionals; (1) by redesignating subsections (c) through as an attainment area in a State under the (iii) appropriate local officials; and (h) as subsections (d) through (i) respectively; Clean Air Act (42 U.S.C. 7401 et seq.), the Sec- (iv) appropriate private sector experts in the (2) by inserting after subsection (b) the fol- retary shall modify the amount such State is field of roadway safety infrastructure. lowing: permitted to obligate in any area of the State for (2) REPORT.— ‘‘(c) SPECIAL RULES.— projects eligible under section 133.’’; (A) IN GENERAL.—Not later than 1 year after ‘‘(1) PROJECTS FOR PM–10 NONATTAINMENT (4) in subsection (f)(3) (as redesignated by the date of enactment of this Act, the Secretary AREAS.—A State may obligate funds apportioned paragraph (1)) by striking ‘‘104(b)(2)’’ and in- shall submit to the Committee on Environment to the State under section 104(b)(4) for a project serting ‘‘104(b)(4)’’; and Public Works of the Senate and the Com- or program for an area that is nonattainment (5) in subsection (g) (as redesignated by para- mittee on Transportation and Infrastructure of for ozone or carbon monoxide, or both, and for graph (1)) by striking paragraph (3) and insert- the House of Representatives a report on the re- PM–10 resulting from transportation activities, ing the following: sults of the study. without regard to any limitation of the Depart- ‘‘(3) PRIORITY CONSIDERATION.—States and (B) CONTENTS.—The report shall include— ment of Transportation relating to the type of metropolitan planning organizations shall give (i) a summary of cost-effective roadway safety ambient air quality standard such project or priority in areas designated as nonattainment or infrastructure improvements; program addresses. maintenance for PM2.5 under the Clean Air Act (ii) a summary of the latest research on the fi- ‘‘(2) ELECTRIC VEHICLE AND NATURAL GAS VE- (42 U.S.C. 7401 et seq.) in distributing funds re- nancial savings and reduction in fatalities and HICLE INFRASTRUCTURE.—A State may obligate ceived for congestion mitigation and air quality

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projects and programs from apportionments ‘‘(A) includes an area baseline level for traffic (5) FUNDING.—Of the amounts made available under section 104(b)(4) to projects that are prov- congestion and on-road mobile source emissions to carry out section 104(a) for fiscal year 2013, en to reduce PM2.5, including diesel retrofits.’’; for which the area is in nonattainment or main- the Secretary shall make available to carry out (6) by striking subsection (i) (as redesignated tenance; this subsection not more than $1,000,000. by paragraph (1)) and inserting the following: ‘‘(B) describes progress made in achieving the SEC. 1114. TERRITORIAL AND PUERTO RICO ‘‘(i) EVALUATION AND ASSESSMENT OF performance targets described in section 150(d); HIGHWAY PROGRAM. PROJECTS.— and (a) IN GENERAL.—Section 165 of title 23, ‘‘(1) DATABASE.— ‘‘(C) includes a description of projects identi- United States Code, is amended to read as fol- ‘‘(A) IN GENERAL.—Using appropriate assess- fied for funding under this section and how lows: ments of projects funded under the congestion such projects will contribute to achieving emis- ‘‘§ 165. Territorial and Puerto Rico highway mitigation and air quality program and results sion and traffic congestion reduction targets. program from other research, the Secretary shall main- ‘‘(2) UPDATED PLANS.—Performance plans tain and disseminate a cumulative database de- shall be updated biennially and include a sepa- ‘‘(a) DIVISION OF FUNDS.—Of funds made scribing the impacts of the projects, including rate report that assesses the progress of the pro- available in a fiscal year for the territorial and specific information about each project, such as gram of projects under the previous plan in Puerto Rico highway program— the project name, location, sponsor, cost, and, to achieving the air quality and traffic congestion ‘‘(1) $150,000,000 shall be for the Puerto Rico the extent already measured by the project targets of the previous plan. highway program under subsection (b); and sponsor, cost-effectiveness, based on reductions ‘‘(m) OPERATING ASSISTANCE.—A State may ‘‘(2) $40,000,000 shall be for the territorial in congestion and emissions. obligate funds apportioned under section highway program under subsection (c). ‘‘(B) AVAILABILITY.—The database shall be 104(b)(2) in an area of such State that is other- ‘‘(b) PUERTO RICO HIGHWAY PROGRAM.— published or otherwise made readily available wise eligible for obligations of such funds for op- ‘‘(1) IN GENERAL.—The Secretary shall allo- by the Secretary in electronically accessible for- erating costs under chapter 53 of title 49 or on cate funds made available to carry out this sub- mat and means, such as the Internet, for public a system that was previously eligible under this section to the Commonwealth of Puerto Rico to review. section.’’. carry out a highway program in the Common- ‘‘(2) COST EFFECTIVENESS.— (c) AIR QUALITY AND CONGESTION MITIGATION wealth. ‘‘(A) IN GENERAL.—The Secretary, in consulta- MEASURE OUTCOMES ASSESSMENT STUDY.— ‘‘(2) TREATMENT OF FUNDS.—Amounts made tion with the Administrator of the Environ- (1) IN GENERAL.—The Secretary, in consulta- available to carry out this subsection for a fiscal mental Protection Agency, shall evaluate tion with the Administrator of the Environ- year shall be administered as follows: projects on a periodic basis and develop a table mental Protection Agency, shall examine the ‘‘(A) APPORTIONMENT.— or other similar medium that illustrates the cost- outcomes of actions funded under the conges- ‘‘(i) IN GENERAL.—For the purpose of imposing effectiveness of a range of project types eligible tion mitigation and air quality improvement any penalty under this title or title 49, the for funding under this section as to how the program since the date of enactment of the amounts shall be treated as being apportioned to projects mitigate congestion and improve air SAFETEA–LU (Public Law 109–59). Puerto Rico under sections 104(b) and 144 (as in quality. (2) GOALS.—The goals of the program shall in- effect for fiscal year 1997) for each program ‘‘(B) CONTENTS.—The table described in sub- clude— funded under those sections in an amount deter- paragraph (A) shall show measures of cost-ef- (A) the assessment and documentation, mined by multiplying— fectiveness, such as dollars per ton of emissions through outcomes research conducted on a rep- ‘‘(I) the aggregate of the amounts for the fis- reduced, and assess those measures over a vari- resentative sample of cases, of— cal year; by ety of timeframes to capture impacts on the (i) the emission reductions achieved by feder- ‘‘(II) the proportion that— planning timeframes outlined in section 134. ally supported surface transportation actions ‘‘(aa) the amount of funds apportioned to ‘‘(C) USE OF TABLE.—States and metropolitan intended to reduce emissions or lessen traffic Puerto Rico for each such program for fiscal planning organizations shall consider the infor- congestion; and year 1997; bears to mation in the table when selecting projects or (ii) the air quality and human health impacts ‘‘(bb) the total amount of funds apportioned developing performance plans under subsection of those actions, including potential unrecog- to Puerto Rico for all such programs for fiscal (l). nized or indirect consequences, attributable to year 1997. ‘‘(j) OPTIONAL PROGRAMMATIC ELIGIBILITY.— those actions; ‘‘(ii) EXCEPTION.—Funds identified under ‘‘(1) IN GENERAL.—At the discretion of a met- (B) an expanded base of empirical evidence on clause (i) as having been apportioned for the ropolitan planning organization, a technical as- the air quality and human health impacts of ac- national highway system, the surface transpor- sessment of a selected program of projects may tions described in paragraph (1); and tation program, and the Interstate maintenance be conducted through modeling or other means (C) an increase in knowledge of— program shall be deemed to have been appor- to demonstrate the emissions reduction projec- (i) the factors determining the air quality and tioned 50 percent for the national highway per- tion required under this section. human health changes associated with trans- formance program and 50 percent for the surface ‘‘(2) APPLICABILITY.—If an assessment de- portation emission reduction actions; and transportation program for purposes of imposing scribed in paragraph (1) successfully dem- (ii) other information to more accurately un- such penalties. onstrates an emissions reduction, all projects in- derstand the validity of current estimation and ‘‘(B) PENALTY.—The amounts treated as being cluded in such assessment shall be eligible for modeling routines and ways to improve those apportioned to Puerto Rico under each section obligation under this section without further routines. referred to in subparagraph (A) shall be deemed demonstration of emissions reduction of indi- (3) ADMINISTRATIVE ELEMENTS.—To carry out to be required to be apportioned to Puerto Rico vidual projects included in such assessment. this subsection, the Secretary shall— under that section for purposes of the imposition ‘‘(k) PRIORITY FOR USE OF FUNDS IN PM2.5 (A) make a grant for the coordination, selec- of any penalty under this title or title 49. AREAS.— tion, management, and reporting of component ‘‘(C) ELIGIBLE USES OF FUNDS.—Of amounts ‘‘(1) IN GENERAL.—For any State that has a studies to an independent scientific research or- allocated to Puerto Rico for the Puerto Rico nonattainment or maintenance area for fine ganization with the necessary experience in suc- Highway Program for a fiscal year— particulate matter, an amount equal to 25 per- cessfully conducting accountability and other ‘‘(i) at least 50 percent shall be available only cent of the funds apportioned to each State studies on mobile source air pollutants and asso- for purposes eligible under section 119; under section 104(b)(4) for a nonattainment or ciated health effects; ‘‘(ii) at least 25 percent shall be available only maintenance area that are based all or in part (B) ensure that case studies are identified and for purposes eligible under section 148; and on the weighted population of such area in fine conducted by teams selected through a competi- ‘‘(iii) any remaining funds may be obligated particulate matter nonattainment shall be obli- tive solicitation overseen by an independent for activities eligible under chapter 1. gated to projects that reduce such fine particu- committee of unbiased experts; and ‘‘(3) EFFECT ON APPORTIONMENTS.—Except as late matter emissions in such area, including (C) ensure that all findings and reports are otherwise specifically provided, Puerto Rico diesel retrofits. peer-reviewed and published in a form that pre- shall not be eligible to receive funds apportioned ‘‘(2) CONSTRUCTION EQUIPMENT AND VEHI- sents the findings together with reviewer com- to States under this title. CLES.—In order to meet the requirements of ments. ‘‘(c) TERRITORIAL HIGHWAY PROGRAM.— paragraph (1), a State or metropolitan planning (4) REPORT.—The Secretary shall submit to ‘‘(1) TERRITORY DEFINED.—In this subsection, organization may elect to obligate funds to in- the Committee on Environment and Public the term ‘territory’ means any of the following stall diesel emission control technology on Works of the Senate and the Committee on territories of the United States: nonroad diesel equipment or on-road diesel Transportation and Infrastructure of the House ‘‘(A) American Samoa. equipment that is operated on a highway con- of Representatives— ‘‘(B) The Commonwealth of the Northern struction project within a PM2.5 nonattainment (A) not later than 1 year after the date of en- Mariana Islands. or maintenance area. actment of the MAP–21, and for the following ‘‘(C) Guam. ‘‘(l) PERFORMANCE PLAN.— year, a report providing an initial scoping and ‘‘(D) The United States Virgin Islands. ‘‘(1) IN GENERAL.—Each metropolitan plan- plan, and status updates, respectively, for the ‘‘(2) PROGRAM.— ning organization serving a transportation man- program under this subsection; and ‘‘(A) IN GENERAL.—Recognizing the mutual agement area (as defined in section 134) with a (B) not later than 2 years after the date of en- benefits that will accrue to the territories and population over 1,000,000 people representing a actment of the MAP–21, a final report that de- the United States from the improvement of high- nonattainment or maintenance area shall describes the findings of, and recommendations re- ways in the territories, the Secretary may carry velop a performance plan that— sulting from, the program under this subsection. out a program to assist each government of a

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00290 Fmt 4634 Sfmt 6333 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE June 28, 2012 CONGRESSIONAL RECORD — HOUSE H4449 territory in the construction and improvement of ‘‘(i) the agreement shall continue in force ‘‘(4) to use advanced technology to improve a system of arterial and collector highways, and until replaced by an agreement entered into in the safety and efficiency of the national freight necessary inter-island connectors, that is— accordance with subparagraph (A); and network; ‘‘(i) designated by the Governor or chief exec- ‘‘(ii) amounts made available under this sub- ‘‘(5) to incorporate concepts of performance, utive officer of each territory; and section under the existing agreement shall be innovation, competition, and accountability into ‘‘(ii) approved by the Secretary. available for obligation or expenditure so long the operation and maintenance of the national ‘‘(B) FEDERAL SHARE.—The Federal share of as the agreement, or the existing agreement en- freight network; and Federal financial assistance provided to terri- tered into under subparagraph (A), is in effect. ‘‘(6) to improve the economic efficiency of the tories under this subsection shall be in accord- ‘‘(6) ELIGIBLE USES OF FUNDS.— national freight network. ance with section 120(g). ‘‘(A) IN GENERAL.—Funds made available ‘‘(7) to reduce the environmental impacts of ‘‘(3) TECHNICAL ASSISTANCE.— under this subsection may be used only for the freight movement on the national freight net- ‘‘(A) IN GENERAL.—To continue a long-range following projects and activities carried out in a work; highway development program, the Secretary territory: ‘‘(c) ESTABLISHMENT OF A NATIONAL FREIGHT may provide technical assistance to the govern- ‘‘(i) Eligible surface transportation program NETWORK.— ments of the territories to enable the territories, projects described in section 133(b). ‘‘(1) IN GENERAL.—The Secretary shall estab- on a continuing basis— ‘‘(ii) Cost-effective, preventive maintenance lish a national freight network in accordance ‘‘(i) to engage in highway planning; consistent with section 116(e). with this section to assist States in strategically ‘‘(ii) to conduct environmental evaluations; ‘‘(iii) Ferry boats, terminal facilities, and ap- directing resources toward improved system per- ‘‘(iii) to administer right-of-way acquisition proaches, in accordance with subsections (b) formance for efficient movement of freight on and relocation assistance programs; and and (c) of section 129. highways, including national highway system, ‘‘(iv) to design, construct, operate, and main- ‘‘(iv) Engineering and economic surveys and freight intermodal connectors and aerotropolis tain a system of arterial and collector highways, investigations for the planning, and the financ- transportation systems. including necessary inter-island connectors. ing, of future highway programs. ‘‘(2) NETWORK COMPONENTS.—The national ‘‘(B) FORM AND TERMS OF ASSISTANCE.—Tech- ‘‘(v) Studies of the economy, safety, and con- freight network shall consist of— nical assistance provided under subparagraph venience of highway use. ‘‘(A) the primary freight network, as des- (A), and the terms for the sharing of informa- ‘‘(vi) The regulation and equitable taxation of ignated by the Secretary under subsection (d) tion among territories receiving the technical as- highway use. (referred to in this section as the ‘primary sistance, shall be included in the agreement re- ‘‘(vii) Such research and development as are freight network’) as most critical to the move- quired by paragraph (5). necessary in connection with the planning, de- ment of freight; ‘‘(4) NONAPPLICABILITY OF CERTAIN PROVI- sign, and maintenance of the highway system. ‘‘(B) the portions of the Interstate System not SIONS.— ‘‘(B) PROHIBITION ON USE OF FUNDS FOR ROU- designated as part of the primary freight net- ‘‘(A) IN GENERAL.—Except to the extent that TINE MAINTENANCE.—None of the funds made work; and provisions of this chapter are determined by the available under this subsection shall be obli- ‘‘(C) critical rural freight corridors established Secretary to be inconsistent with the needs of gated or expended for routine maintenance. under subsection (e). ‘‘(7) LOCATION OF PROJECTS.—Territorial high- the territories and the intent of this subsection, ‘‘(d) DESIGNATION OF PRIMARY FREIGHT NET- way program projects (other than those de- this chapter (other than provisions of this chap- WORK.— ter relating to the apportionment and allocation scribed in paragraphs (2), (4), (7), (8), (14), and ‘‘(1) INITIAL DESIGNATION OF PRIMARY FREIGHT of funds) shall apply to funds made available (19) of section 133(b)) may not be undertaken on NETWORK.— under this subsection. roads functionally classified as local.’’. ‘‘(A) DESIGNATION.—Not later than 1 year (b) CONFORMING AMENDMENTS.— ‘‘(B) APPLICABLE PROVISIONS.—The agreement after the date of enactment of this section, the (1) TECHNICAL AND CONFORMING AMEND- required by paragraph (5) for each territory Secretary shall designate a primary freight net- MENT.—The analysis for chapter 1 of title 23, shall identify the sections of this chapter that work— United States Code, is amended by striking the are applicable to that territory and the extent of ‘‘(i) based on an inventory of national freight item relating to section 165 and inserting the fol- the applicability of those sections. volume conducted by the Administrator of the lowing: ‘‘(5) AGREEMENT.— Federal Highway Administration, in consulta- ‘‘(A) IN GENERAL.—Except as provided in sub- ‘‘165. Territorial and Puerto Rico highway pro- tion with stakeholders, including system users, paragraph (D), none of the funds made avail- gram.’’. transport providers, and States; and able under this subsection shall be available for (2) TERRITORIAL HIGHWAY PROGRAM.— ‘‘(ii) that shall be comprised of not more than obligation or expenditure with respect to any (A) REPEAL.—Section 215 of title 23, United 27,000 centerline miles of existing roadways that territory until the chief executive officer of the States Code, is repealed. are most critical to the movement of freight. (B) TECHNICAL AND CONFORMING AMEND- territory has entered into an agreement (includ- ‘‘(B) FACTORS FOR DESIGNATION.—In desig- ing an agreement entered into under section 215 MENT.—The analysis for chapter 2 of title 23, nating the primary freight network, the Sec- as in effect on the day before the enactment of United States Code, is amended by striking the retary shall consider— this section) with the Secretary providing that item relating to section 215. ‘‘(i) the origins and destinations of freight (C) DUNCAN HUNTER NATIONAL DEFENSE AU- the government of the territory shall— movement in the United States; THORIZATION ACT FOR FISCAL YEAR 2009.—Section ‘‘(i) implement the program in accordance ‘‘(ii) the total freight tonnage and value of 3512(e) of the Duncan Hunter National Defense with applicable provisions of this chapter and freight moved by highways; Authorization Act for Fiscal Year 2009 (48 paragraph (4); ‘‘(iii) the percentage of annual average daily U.S.C. 1421r(e)) is amended by striking ‘‘section ‘‘(ii) design and construct a system of arterial truck traffic in the annual average daily traffic 215’’ and inserting ‘‘section 165’’. and collector highways, including necessary on principal arterials; inter-island connectors, in accordance with SEC. 1115. NATIONAL FREIGHT POLICY. ‘‘(iv) the annual average daily truck traffic standards that are— (a) IN GENERAL.—Chapter 1 of title 23, United on principal arterials; ‘‘(I) appropriate for each territory; and States Code, is amended by adding at the end ‘‘(v) land and maritime ports of entry; ‘‘(II) approved by the Secretary; the following: ‘‘(vi) access to energy exploration, develop- ‘‘(iii) provide for the maintenance of facilities ‘‘§ 167. National freight policy ment, installation, or production areas; constructed or operated under this subsection in ‘‘(a) IN GENERAL.—It is the policy of the ‘‘(vii) population centers; and a condition to adequately serve the needs of United States to improve the condition and per- ‘‘(viii) network connectivity. present and future traffic; and formance of the national freight network to en- ‘‘(2) ADDITIONAL MILES ON PRIMARY FREIGHT ‘‘(iv) implement standards for traffic oper- sure that the national freight network provides NETWORK.—In addition to the miles initially des- ations and uniform traffic control devices that the foundation for the United States to compete ignated under paragraph (1), the Secretary may are approved by the Secretary. in the global economy and achieve each goal de- increase the number of miles designated as part ‘‘(B) TECHNICAL ASSISTANCE.—The agreement scribed in subsection (b). of the primary freight network by not more than required by subparagraph (A) shall— ‘‘(b) GOALS.—The goals of the national freight 3,000 additional centerline miles of roadways ‘‘(i) specify the kind of technical assistance to policy are— (which may include existing or planned roads) be provided under the program; ‘‘(1) to invest in infrastructure improvements critical to future efficient movement of goods on ‘‘(ii) include appropriate provisions regarding and to implement operational improvements the primary freight network. information sharing among the territories; and that— ‘‘(3) REDESIGNATION OF PRIMARY FREIGHT NET- ‘‘(iii) delineate the oversight role and respon- ‘‘(A) strengthen the contribution of the na- WORK.—Effective beginning 10 years after the sibilities of the territories and the Secretary. tional freight network to the economic competi- designation of the primary freight network and ‘‘(C) REVIEW AND REVISION OF AGREEMENT.— tiveness of the United States; every 10 years thereafter, using the designation The agreement entered into under subparagraph ‘‘(B) reduce congestion; and factors described in paragraph (1), the Secretary (A) shall be reevaluated and, as necessary, re- ‘‘(C) increase productivity, particularly for shall redesignate the primary freight network vised, at least every 2 years. domestic industries and businesses that create (including additional mileage described in para- ‘‘(D) EXISTING AGREEMENTS.—With respect to high-value jobs; graph (2)). an agreement under this subsection or an agree- ‘‘(2) to improve the safety, security, and resil- ‘‘(e) CRITICAL RURAL FREIGHT CORRIDORS.—A ment entered into under section 215 of this title ience of freight transportation; State may designate a road within the borders as in effect on the day before the date of enact- ‘‘(3) to improve the state of good repair of the of the State as a critical rural freight corridor if ment of this subsection— national freight network; the road—

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00291 Fmt 4634 Sfmt 6333 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H4450 CONGRESSIONAL RECORD — HOUSE June 28, 2012 ‘‘(1) is a rural principal arterial roadway and tools to support an outcome-oriented, perform- committee consisting of a representative cross- has a minimum of 25 percent of the annual aver- ance-based approach to evaluate proposed section of public and private sector freight age daily traffic of the road measured in pas- freight-related and other transportation stakeholders, including representatives of ports, senger vehicle equivalent units from trucks projects, including— shippers, carriers, freight-related associations, (FHWA vehicle class 8 to 13); ‘‘(i) methodologies for systematic analysis of the freight industry workforce, the transpor- ‘‘(2) provides access to energy exploration, de- benefits and costs; tation department of the State, and local gov- velopment, installation, or production areas; ‘‘(ii) tools for ensuring that the evaluation of ernments. ‘‘(3) connects the primary freight network, a freight-related and other transportation projects (b) ROLE OF COMMITTEE.—A freight advisory roadway described in paragraph (1) or (2), or could consider safety, economic competitiveness, committee of a State described in subsection (a) Interstate System to facilities that handle more environmental sustainability, and system condi- shall— than— tion in the project selection process; and (1) advise the State on freight-related prior- ‘‘(A) 50,000 20-foot equivalent units per year; ‘‘(iii) other elements to assist in effective ities, issues, projects, and funding needs; or transportation planning; (2) serve as a forum for discussion for State ‘‘(B) 500,000 tons per year of bulk commod- ‘‘(B) identify transportation-related model transportation decisions affecting freight mobil- ities. data elements to support a broad range of eval- ity; ‘‘(f) NATIONAL FREIGHT STRATEGIC PLAN.— uation methods and techniques to assist in mak- (3) communicate and coordinate regional pri- ‘‘(1) INITIAL DEVELOPMENT OF NATIONAL ing transportation investment decisions; and orities with other organizations; FREIGHT STRATEGIC PLAN.—Not later than 3 ‘‘(C) at a minimum, in consultation with other (4) promote the sharing of information be- years after the date of enactment of this section, relevant Federal agencies, consider any im- tween the private and public sectors on freight the Secretary shall, in consultation with State provements to existing freight flow data collec- issues; and departments of transportation and other appro- tion efforts that could reduce identified freight (5) participate in the development of the priate public and private transportation stake- data gaps and deficiencies and help improve freight plan of the State described in section holders, develop and post on the Department of forecasts of freight transportation demand. 1118. Transportation public website a national freight ‘‘(2) CONSULTATION.—The Secretary shall con- SEC. 1118. STATE FREIGHT PLANS. strategic plan that shall include— sult with Federal, State, and other stakeholders (a) IN GENERAL.—The Secretary shall encour- ‘‘(A) an assessment of the condition and per- to develop, improve, and implement the tools age each State to develop a freight plan that formance of the national freight network; and collect the data in paragraph (1). provides a comprehensive plan for the immediate ‘‘(B) an identification of highway bottlenecks ‘‘(i) DEFINITION OF AEROTROPOLIS TRANSPOR- and long-range planning activities and invest- on the national freight network that create sig- TATION SYSTEM.—In this section, the term ments of the State with respect to freight. nificant freight congestion problems, based on a ‘aerotropolis transportation system’ means a (b) PLAN CONTENTS.—A freight plan described quantitative methodology developed by the Sec- planned and coordinated multimodal freight in subsection (a) shall include, at a minimum— retary, which shall, at a minimum, include— and passenger transportation network that, as (1) an identification of significant freight sys- ‘‘(i) information from the Freight Analysis determined by the Secretary, provides efficient, tem trends, needs, and issues with respect to the Network of the Federal Highway Administra- cost-effective, sustainable, and intermodal State; tion; and connectivity to a defined region of economic sig- (2) a description of the freight policies, strate- ‘‘(ii) to the maximum extent practicable, an nificance centered around a major airport.’’. gies, and performance measures that will guide estimate of the cost of addressing each bottle- (b) CONFORMING AMENDMENT.—The analysis the freight-related transportation investment de- neck and any operational improvements that for chapter 1 of title 23, United States Code, is cisions of the State; could be implemented; amended by adding at the end the following: (3) a description of how the plan will improve the ability of the State to meet the national ‘‘(C) forecasts of freight volumes for the 20- ‘‘167. National freight program.’’. year period beginning in the year during which freight goals established under section 167 of SEC. 1116. PRIORITIZATION OF PROJECTS TO IM- title 23, United States Code; the plan is issued; PROVE FREIGHT MOVEMENT. (4) evidence of consideration of innovative ‘‘(D) an identification of major trade gate- (a) IN GENERAL.—Notwithstanding section 120 technologies and operational strategies, includ- ways and national freight corridors that con- of title 23, United States Code, the Secretary ing intelligent transportation systems, that im- nect major population centers, trade gateways, may increase the Federal share payable for any prove the safety and efficiency of freight move- and other major freight generators for current project to 95 percent for projects on the Inter- ment; and forecasted traffic and freight volumes, the state System and 90 percent for any other identification of which shall be revised, as ap- (5) in the case of routes on which travel by project if the Secretary certifies that the project heavy vehicles (including mining, agricultural, propriate, in subsequent plans; meets the requirements of this section. ‘‘(E) an assessment of statutory, regulatory, energy cargo or equipment, and timber vehicles) (b) INCREASED FUNDING.—To be eligible for the is projected to substantially deteriorate the con- technological, institutional, financial, and other increased Federal funding share under this sec- barriers to improved freight transportation per- dition of roadways, a description of improve- tion, a project shall— ments that may be required to reduce or impede formance (including opportunities for over- (1) demonstrate the improvement made by the the deterioration; and coming the barriers); project to the efficient movement of freight, in- ‘‘(F) an identification of routes providing ac- (6) an inventory of facilities with freight mo- cluding making progress towards meeting per- bility issues, such as truck bottlenecks, within cess to energy exploration, development, instal- formance targets for freight movement estab- lation, or production areas; the State, and a description of the strategies the lished under section 150(d) of title 23, United State is employing to address those freight mo- ‘‘(G) best practices for improving the perform- States Code; and ance of the national freight network; bility issues. (2) be identified in a State freight plan devel- (c) RELATIONSHIP TO LONG-RANGE PLAN.—A ‘‘(H) best practices to mitigate the impacts of oped pursuant to section 1118. freight movement on communities; freight plan described in subsection (a) may be (c) ELIGIBLE PROJECTS.—Eligible projects to developed separate from or incorporated into the ‘‘(I) a process for addressing multistate improve the movement of freight under this sec- projects and encouraging jurisdictions to col- statewide strategic long-range transportation tion may include, but are not limited to— plan required by section 135 of title 23, United laborate; and (1) construction, reconstruction, rehabilita- States Code. ‘‘(J) strategies to improve freight intermodal tion, and operational improvements directly re- connectivity. lating to improving freight movement; SEC. 1119. FEDERAL LANDS AND TRIBAL TRANS- PORTATION PROGRAMS. ‘‘(2) UPDATES TO NATIONAL FREIGHT STRATEGIC (2) intelligent transportation systems and (a) IN GENERAL.—Chapter 2 of title 23, United PLAN.—Not later than 5 years after the date of other technology to improve the flow of freight; States Code, is amended by striking sections 201 completion of the first national freight strategic (3) efforts to reduce the environmental impacts through 204 and inserting the following: plan under paragraph (1), and every 5 years of freight movement on the primary freight net- thereafter, the Secretary shall update and work; ‘‘§ 201. Federal lands and tribal transpor- repost on the Department of Transportation (4) railway-highway grade separation; tation programs public website a revised national freight stra- (5) geometric improvements to interchanges ‘‘(a) PURPOSE.—Recognizing the need for all tegic plan. and ramps. public Federal and tribal transportation facili- ‘‘(g) FREIGHT TRANSPORTATION CONDITIONS (6) truck-only lanes; ties to be treated under uniform policies similar AND PERFORMANCE REPORTS.—Not later than 2 (7) climbing and runaway truck lanes; to the policies that apply to Federal-aid high- years after the date of enactment of this section, (8) truck parking facilities eligible for funding ways and other public transportation facilities, and biennially thereafter, the Secretary shall under section 1401; the Secretary of Transportation, in collabora- prepare a report that contains a description of (9) real-time traffic, truck parking, roadway tion with the Secretaries of the appropriate Fed- the conditions and performance of the national condition, and multimodal transportation infor- eral land management agencies, shall coordi- freight network in the United States. mation systems; nate a uniform policy for all public Federal and ‘‘(h) TRANSPORTATION INVESTMENT DATA AND (10) improvements to freight intermodal con- tribal transportation facilities that shall apply PLANNING TOOLS.— nectors; and to Federal lands transportation facilities, tribal ‘‘(1) IN GENERAL.—Not later than 1 year after (11) improvements to truck bottlenecks. transportation facilities, and Federal lands ac- the date of enactment of this section, the Sec- SEC. 1117. STATE FREIGHT ADVISORY COMMIT- cess transportation facilities. retary shall— TEES. ‘‘(b) AVAILABILITY OF FUNDS.— ‘‘(A) begin development of new tools and im- (a) IN GENERAL.—The Secretary shall encour- ‘‘(1) AVAILABILITY.—Funds authorized for the provement of existing tools or improve existing age each State to establish a freight advisory tribal transportation program, the Federal lands

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00292 Fmt 4634 Sfmt 6333 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE June 28, 2012 CONGRESSIONAL RECORD — HOUSE H4451 transportation program, and the Federal lands Federal lands transportation program, and Fed- ‘‘(A)(i) transportation planning, research, access program shall be available for contract eral lands access program project shall be— maintenance, engineering, rehabilitation, res- upon apportionment, or on October 1 of the fis- ‘‘(A) developed in cooperation with State and toration, construction, and reconstruction of cal year for which the funds were authorized if metropolitan planning organizations; and tribal transportation facilities; no apportionment is required. ‘‘(B) included in appropriate tribal transpor- ‘‘(ii) adjacent vehicular parking areas; ‘‘(2) AMOUNT REMAINING.—Any amount re- tation program plans, Federal lands transpor- ‘‘(iii) interpretive signage; maining unexpended for a period of 3 years tation program plans, Federal lands access pro- ‘‘(iv) acquisition of necessary scenic easements after the close of the fiscal year for which the gram plans, State and metropolitan plans, and and scenic or historic sites; funds were authorized shall lapse. transportation improvement programs. ‘‘(v) provisions for pedestrians and bicycles; ‘‘(3) OBLIGATIONS.—The Secretary of the de- ‘‘(4) INCLUSION IN STATE PROGRAMS.—The ap- ‘‘(vi) environmental mitigation in or adjacent partment responsible for the administration of proved tribal transportation program, Federal to tribal land— funds under this subsection may incur obliga- lands transportation program, and Federal ‘‘(I) to improve public safety and reduce vehi- tions, approve projects, and enter into contracts lands access program transportation improve- cle-caused wildlife mortality while maintaining under such authorizations, which shall be con- ment programs shall be included in appropriate habitat connectivity; and sidered to be contractual obligations of the State and metropolitan planning organization ‘‘(II) to mitigate the damage to wildlife, United States for the payment of the cost there- plans and programs without further action on aquatic organism passage, habitat, and eco- of, the funds of which shall be considered to the transportation improvement program. system connectivity, including the costs of con- have been expended when obligated. ‘‘(5) ASSET MANAGEMENT.—The Secretary and structing, maintaining, replacing, or removing ‘‘(4) EXPENDITURE.— the Secretary of each appropriate Federal land culverts and bridges, as appropriate; ‘‘(A) IN GENERAL.—Any funds authorized for management agency shall, to the extent appro- ‘‘(vii) construction and reconstruction of any fiscal year after the date of enactment of priate, implement safety, bridge, pavement, and roadside rest areas, including sanitary and this section under the Federal lands transpor- congestion management systems for facilities water facilities; and tation program, the Federal lands access pro- funded under the tribal transportation program ‘‘(viii) other appropriate public road facilities gram, and the tribal transportation program and the Federal lands transportation program as determined by the Secretary; shall be considered to have been expended if a in support of asset management. ‘‘(B) operation and maintenance of transit sum equal to the total of the sums authorized ‘‘(6) DATA COLLECTION.— programs and facilities that are located on, or for the fiscal year and previous fiscal years ‘‘(A) DATA COLLECTION.—The Secretaries of provide access to, tribal land, or are adminis- have been obligated. the appropriate Federal land management agen- tered by a tribal government; and ‘‘(B) CREDITED FUNDS.—Any funds described cies shall collect and report data necessary to ‘‘(C) any transportation project eligible for as- in subparagraph (A) that are released by pay- implement the Federal lands transportation pro- sistance under this title that is located within, ment of final voucher or modification of project gram, the Federal lands access program, and the or that provides access to, tribal land, or is asso- authorizations shall be— tribal transportation program in accordance ciated with a tribal government. ‘‘(i) credited to the balance of unobligated au- with the Indian Self-Determination and Edu- ‘‘(2) CONTRACT.—In connection with an activ- thorizations; and cation Assistance Act (25 U.S.C. 450 et seq.), in- ity described in paragraph (1), the Secretary ‘‘(ii) immediately available for expenditure. cluding— and the Secretary of the Interior may enter into ‘‘(5) APPLICABILITY.—This section shall not ‘‘(i) inventory and condition information on a contract or other appropriate agreement with apply to funds authorized before the date of en- Federal lands transportation facilities and tribal respect to the activity with— actment of this paragraph. transportation facilities; and ‘‘(A) a State (including a political subdivision ‘‘(6) CONTRACTUAL OBLIGATION.— ‘‘(ii) bridge inspection and inventory informa- of a State); or ‘‘(A) IN GENERAL.—Notwithstanding any other tion on any Federal bridge open to the public. ‘‘(B) an Indian tribe. ‘‘(3) INDIAN LABOR.—Indian labor may be em- provision of law (including regulations), the au- ‘‘(B) STANDARDS.—The Secretary, in coordina- thorization by the Secretary, or the Secretary of tion with the Secretaries of the appropriate Fed- ployed, in accordance with such rules and regu- the appropriate Federal land management agen- eral land management agencies, shall define the lations as may be promulgated by the Secretary cy if the agency is the contracting office, of en- collection and reporting data standards. of the Interior, to carry out any construction or gineering and related work for the development, ‘‘(7) ADMINISTRATIVE EXPENSES.—To imple- other activity described in paragraph (1). design, and acquisition associated with a con- ment the activities described in this subsection, ‘‘(4) FEDERAL EMPLOYMENT.—No maximum struction project, whether performed by contract including direct support of transportation plan- limitation on Federal employment shall be appli- or agreement authorized by law, or the approval ning activities among Federal land management cable to the construction or improvement of trib- by the Secretary of plans, specifications, and es- agencies, the Secretary may use not more than al transportation facilities. timates for construction of a project, shall be 5 percent for each fiscal year of the funds au- ‘‘(5) FUNDS FOR CONSTRUCTION AND IMPROVE- considered to constitute a contractual obligation thorized for programs under sections 203 and MENT.—All funds made available for the con- of the Federal Government to pay the total eligi- 204. struction and improvement of tribal transportation facilities shall be administered in con- ble cost of— ‘‘(d) REIMBURSABLE AGREEMENTS.—In car- ‘‘(i) any project funded under this title; and rying out work under reimbursable agreements formity with regulations and agreements jointly ‘‘(ii) any project funded pursuant to agree- with any State, local, or tribal government approved by the Secretary and the Secretary of ments authorized by this title or any other title. under this title, the Secretary— the Interior. ‘‘(B) EFFECT.—Nothing in this paragraph— ‘‘(1) may, without regard to any other provi- ‘‘(6) ADMINISTRATIVE EXPENSES.—Of the funds ‘‘(i) affects the application of the Federal sion of law (including regulations), record obli- authorized to be appropriated for the tribal share associated with the project being under- gations against accounts receivable from the en- transportation program, not more than 6 percent taken under this section; or tity; and may be used by the Secretary or the Secretary of ‘‘(ii) modifies the point of obligation associ- ‘‘(2) shall credit amounts received from the en- the Interior for program management and over- ated with Federal salaries and expenses. tity to the appropriate account, which shall sight and project-related administrative ex- ‘‘(7) FEDERAL SHARE.— occur not later than 90 days after the date of penses. ‘‘(A) TRIBAL AND FEDERAL LANDS TRANSPOR- ‘‘(7) TRIBAL TECHNICAL ASSISTANCE CENTERS.— the original request by the Secretary for pay- TATION PROGRAM.—The Federal share of the The Secretary of the Interior may reserve ment. cost of a project carried out under the Federal amounts from administrative funds of the Bu- ‘‘(e) TRANSFERS.— lands transportation program or the tribal reau of Indian Affairs that are associated with ‘‘(1) IN GENERAL.—To enable the efficient use transportation program shall be 100 percent. of funds made available for the Federal lands the tribal transportation program to fund tribal ‘‘(B) FEDERAL LANDS ACCESS PROGRAM.—The transportation program and the Federal lands technical assistance centers under section Federal share of the cost of a project carried out access program, the funds may be transferred by 504(b). under the Federal lands access program shall be AINTENANCE.— the Secretary within and between each program ‘‘(8) M determined in accordance with section 120. ‘‘(A) USE OF FUNDS.—Notwithstanding any with the concurrence of, as appropriate— ‘‘(c) TRANSPORTATION PLANNING.— other provision of this title, of the amount of ‘‘(A) the Secretary; ‘‘(1) TRANSPORTATION PLANNING PROCE- funds allocated to an Indian tribe from the trib- ‘‘(B) the affected Secretaries of the respective DURES.—In consultation with the Secretary of al transportation program, for the purpose of Federal land management agencies; each appropriate Federal land management ‘‘(C) State departments of transportation; and maintenance (excluding road sealing, which agency, the Secretary shall implement transpor- ‘‘(D) local government agencies. shall not be subject to any limitation), the Sec- tation planning procedures for Federal lands retary shall not use an amount more than the ‘‘(2) CREDIT.—The funds described in para- and tribal transportation facilities that are con- graph (1) shall be credited back to the loaning greater of— sistent with the planning processes required entity with funds that are currently available ‘‘(i) an amount equal to 25 percent; or under sections 134 and 135. ‘‘(ii) $500,000. for obligation at the time of the credit. ‘‘(2) APPROVAL OF TRANSPORTATION IMPROVE- ‘‘(B) RESPONSIBILITY OF BUREAU OF INDIAN MENT PROGRAM.—The transportation improve- ‘‘§ 202. Tribal transportation program AFFAIRS AND SECRETARY OF THE INTERIOR.— ment program developed as a part of the trans- ‘‘(a) USE OF FUNDS.— ‘‘(i) BUREAU OF INDIAN AFFAIRS.—The Bureau portation planning process under this section ‘‘(1) IN GENERAL.—Funds made available of Indian Affairs shall retain primary responsi- shall be approved by the Secretary. under the tribal transportation program shall be bility, including annual funding request respon- ‘‘(3) INCLUSION IN OTHER PLANS.—Each region- used by the Secretary of Transportation and the sibility, for Bureau of Indian Affairs road main- ally significant tribal transportation program, Secretary of the Interior to pay the costs of— tenance programs on Indian reservations.

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‘‘(ii) SECRETARY OF THE INTERIOR.—The Sec- to fee title alienation without the approval of cent data on American Indian and Alaska Na- retary of the Interior shall ensure that funding the Federal Government, or Indian or Alaska tive population within each Indian tribe’s Amer- made available under this subsection for mainte- Native villages, groups, or communities in which ican Indian/Alaska Native Reservation or Statis- nance of tribal transportation facilities for each Indians and Alaska Natives reside, whom the tical Area, as computed under the Native Amer- fiscal year is supplementary to, and not in lieu Secretary of the Interior has determined are eli- ican Housing Assistance and Self-Determination of, any obligation of funds by the Bureau of In- gible for services generally available to Indians Act of 1996 (25 U.S.C. 4101 et seq.), in the fol- dian Affairs for road maintenance programs on under Federal laws specifically applicable to In- lowing manner: Indian reservations. dians; or ‘‘(i) 27 percent in the ratio that the total eligi- ‘‘(C) TRIBAL-STATE ROAD MAINTENANCE AGREE- ‘‘(vii) are primary access routes proposed by ble road mileage in each tribe bears to the total MENTS.— tribal governments, including roads between vil- eligible road mileage of all American Indians ‘‘(i) IN GENERAL.—An Indian tribe and a State lages, roads to landfills, roads to drinking water and Alaskan Natives. For the purposes of this may enter into a road maintenance agreement sources, roads to natural resources identified for calculation, eligible road mileage shall be com- under which an Indian tribe shall assume the economic development, and roads that provide puted based on the inventory described in para- responsibility of the State for— access to intermodal terminals, such as airports, graph (1), using only facilities included in the ‘‘(I) tribal transportation facilities; and harbors, or boat landings. inventory described in clause (i), (ii), or (iii) of ‘‘(II) roads providing access to tribal transpor- ‘‘(C) LIMITATION ON PRIMARY ACCESS paragraph (1)(B). tation facilities. ROUTES.—For purposes of this paragraph, a pro- ‘‘(ii) 39 percent in the ratio that the total pop- ‘‘(ii) REQUIREMENTS.—Agreements entered posed primary access route is the shortest prac- ulation in each tribe bears to the total popu- into under clause (i) shall— ticable route connecting 2 points of the proposed lation of all American Indians and Alaskan Na- ‘‘(I) be negotiated between the State and the route. tives. Indian tribe; and ‘‘(D) ADDITIONAL FACILITIES.—Nothing in this ‘‘(iii) 34 percent shall be divided equally ‘‘(II) not require the approval of the Sec- paragraph precludes the Secretary from includ- among each Bureau of Indian Affairs region. retary. ing additional transportation facilities that are Within each region, such share of funds shall be ‘‘(9) COOPERATION.— eligible for funding under the tribal transpor- distributed to each Indian tribe in the ratio that ‘‘(A) IN GENERAL.—The cooperation of States, tation program in the inventory used for the na- the average total relative need distribution fac- counties, or other local subdivisions may be ac- tional funding allocation if such additional fa- tors and population adjustment factors from fis- cepted in construction and improvement. cilities are included in the inventory in a uni- cal years 2005 through 2011 for a tribe bears to ‘‘(B) FUNDS RECEIVED.—Any funds received form and consistent manner nationally. the average total of relative need distribution from a State, county, or local subdivision shall ‘‘(E) BRIDGES.—All bridges in the inventory factors and population adjustment factors for be credited to appropriations available for the shall be recorded in the national bridge inven- fiscal years 2005 through 2011 in that region. tribal transportation program. tory administered by the Secretary under section ‘‘(C) TRIBAL SUPPLEMENTAL FUNDING.— ‘‘(10) COMPETITIVE BIDDING.— 144. ‘‘(i) TRIBAL SUPPLEMENTAL FUNDING ‘‘(A) CONSTRUCTION.— ‘‘(2) REGULATIONS.—Notwithstanding sections AMOUNT.—Of funds made available for each fis- ‘‘(i) IN GENERAL.—Subject to clause (ii) and 563(a) and 565(a) of title 5, the Secretary of the subparagraph (B), construction of each project cal year for the tribal transportation program, Interior shall maintain any regulations gov- the Secretary shall set aside the following shall be performed by contract awarded by com- erning the tribal transportation program. petitive bidding. amount for a tribal supplemental program: ‘‘(3) BASIS FOR FUNDING FORMULA.— ‘‘(I) If the amount made available for the trib- ‘‘(ii) EXCEPTION.—Clause (i) shall not apply if ‘‘(A) BASIS.— the Secretary or the Secretary of the Interior af- al transportation program is less than or equal ‘‘(i) IN GENERAL.—After making the set asides to $275,000,000, 30 percent of such amount. firmatively finds that, under the circumstances authorized under subparagraph (C) and sub- ‘‘(II) If the amount made available for the relating to the project, a different method is in sections (c), (d), and (e) on October 1 of each tribal transportation program exceeds the public interest. fiscal year, the Secretary shall distribute the re- $275,000,000— ‘‘(B) APPLICABILITY.—Notwithstanding sub- mainder authorized to be appropriated for the ‘‘(aa) $82,500,000; plus paragraph (A), section 23 of the Act of June 25, tribal transportation program under this section ‘‘(bb) 12.5 percent of the amount made avail- 1910 (25 U.S.C. 47) and section 7(b) of the Indian among Indian tribes as follows: able for the tribal transportation program in ex- Self-Determination and Education Assistance ‘‘(I) For fiscal year 2013— cess of $275,000,000. Act (25 U.S.C. 450e(b)) shall apply to all funds ‘‘(aa) for each Indian tribe, 80 percent of the ‘‘(ii) TRIBAL SUPPLEMENTAL ALLOCATION.— administered by the Secretary of the Interior total relative need distribution factor and popu- The Secretary shall distribute tribal supple- that are appropriated for the construction and lation adjustment factor for the fiscal year 2011 mental funds as follows: improvement of tribal transportation facilities. funding amount made available to that Indian ‘‘(I) DISTRIBUTION AMONG REGIONS.—Of the ‘‘(b) FUNDS DISTRIBUTION.— tribe; and ‘‘(1) NATIONAL TRIBAL TRANSPORTATION FACIL- ‘‘(bb) the remainder using tribal shares as de- amounts set aside under clause (i), the Secretary ITY INVENTORY.— scribed in subparagraphs (B) and (C). shall distribute to each region of the Bureau of ‘‘(A) IN GENERAL.—The Secretary of the Inte- ‘‘(II) For fiscal year 2014— Indian Affairs a share of tribal supplemental rior, in cooperation with the Secretary, shall ‘‘(aa) for each Indian tribe, 60 percent of the funds in proportion to the regional total of trib- maintain a comprehensive national inventory of total relative need distribution factor and popu- al shares based on the cumulative tribal shares tribal transportation facilities that are eligible lation adjustment factor for the fiscal year 2011 of all Indian tribes within such region under for assistance under the tribal transportation funding amount made available to that Indian subparagraph (B). program. tribe; and ‘‘(II) DISTRIBUTION WITHIN A REGION.—Of the ‘‘(B) TRANSPORTATION FACILITIES INCLUDED IN ‘‘(bb) the remainder using tribal shares as de- amount that a region receives under subclause THE INVENTORY.—For purposes of identifying scribed in subparagraphs (B) and (C). (I), the Secretary shall distribute tribal supple- the tribal transportation system and deter- ‘‘(III) For fiscal year 2015— mental funding among Indian tribes within such mining the relative transportation needs among ‘‘(aa) for each Indian tribe, 40 percent of the region as follows: Indian tribes, the Secretary shall include, at a total relative need distribution factor and popu- ‘‘(aa) TRIBAL SUPPLEMENTAL AMOUNTS.—The minimum, transportation facilities that are eligi- lation adjustment factor for the fiscal year 2011 Secretary shall determine— ble for assistance under the tribal transpor- funding amount made available to that Indian ‘‘(AA) which such Indian tribes would be enti- tation program that an Indian tribe has re- tribe; and tled under subparagraph (A) to receive in a fis- quested, including facilities that— ‘‘(bb) the remainder using tribal shares as decal year less funding than they would receive in ‘‘(i) were included in the Bureau of Indian scribed in subparagraphs (B) and (C). fiscal year 2011 pursuant to the relative need Affairs system inventory prior to October 1, ‘‘(IV) For fiscal year 2016 and thereafter— distribution factor and population adjustment 2004; ‘‘(aa) for each Indian tribe, 20 percent of the factor, as described in subpart C of part 170 of ‘‘(ii) are owned by an Indian tribal govern- total relative need distribution factor and popu- title 25, Code of Federal Regulations (as in ef- ment; lation adjustment factor for the fiscal year 2011 fect on the date of enactment of the MAP–21); ‘‘(iii) are owned by the Bureau of Indian Af- funding amount made available to that Indian and fairs; tribe; and ‘‘(BB) the combined amount that such Indian ‘‘(iv) were constructed or reconstructed with ‘‘(bb) the remainder using tribal shares as de- tribes would be entitled to receive in fiscal year funds from the Highway Trust Fund under the scribed in subparagraphs (B) and (C). 2011 pursuant to such relative need distribution Indian reservation roads program since 1983; ‘‘(ii) TRIBAL HIGH PRIORITY PROJECTS.—The factor and population adjustment factor in ex- ‘‘(v) are public roads or bridges within the ex- High Priority Projects program as included in cess of the amount that they would be entitled terior boundary of Indian reservations, Alaska the Tribal Transportation Allocation Method- to receive in the fiscal year under subparagraph Native villages, and other recognized Indian ology of part 170 of title 25, Code of Federal (B). communities (including communities in former Regulations (as in effect on the date of enact- ‘‘(bb) COMBINED AMOUNT.—Subject to sub- Indian reservations in the State of Oklahoma) ment of the MAP–21), shall not continue in ef- clause (III), the Secretary shall distribute to in which the majority of residents are American fect. each Indian tribe that meets the criteria de- Indians or Alaska Natives; ‘‘(B) TRIBAL SHARES.—Tribal shares under scribed in item (aa)(AA) a share of funding ‘‘(vi) are public roads within or providing ac- this program shall be determined using the na- under this subparagraph in proportion to the cess to an Indian reservation or Indian trust tional tribal transportation facility inventory as share of the combined amount determined under land or restricted Indian land that is not subject calculated for fiscal year 2012, and the most re- item (aa)(BB) attributable to such Indian tribe.

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‘‘(III) CEILING.—An Indian tribe may not re- Department of the Interior has previously car- transferred under the Indian Self-Determination ceive under subclause (II) and based on its trib- ried out such programs, functions, services, or and Education Assistance Act (25 U.S.C. 450 et al share under subparagraph (A) a combined activities. seq.). amount that exceeds the amount that such In- ‘‘(7) CONTRACTS AND AGREEMENTS WITH INDIAN ‘‘(H) POWERS.—An Indian tribal government dian tribe would be entitled to receive in fiscal TRIBES.— receiving funding under subparagraph (A) for a year 2011 pursuant to the relative need distribu- ‘‘(A) IN GENERAL.—Notwithstanding any other program or project shall have all powers that tion factor and population adjustment factor, as provision of law or any interagency agreement, the Secretary of the Interior would have exer- described in subpart C of part 170 of title 25, program guideline, manual, or policy directive, cised in administering the funds transferred to Code of Federal Regulations (as in effect on the all funds made available to an Indian tribal the Indian tribal government for such program date of enactment of the MAP–21). government under this chapter for a tribal or project under this section if the funds had ‘‘(IV) OTHER AMOUNTS.—If the amount made transportation facility program or project shall not been transferred, except to the extent that available for a region under subclause (I) ex- be made available, on the request of the Indian such powers are powers that inherently cannot ceeds the amount distributed among Indian tribal government, to the Indian tribal govern- be legally transferred under the Indian Self-De- tribes within that region under subclause (II), ment for use in carrying out, in accordance with termination and Education Assistance Act (25 the Secretary shall distribute the remainder of the Indian Self-Determination and Education U.S.C. 450 et seq.). such region’s funding under such subclause Assistance Act (25 U.S.C. 450 et seq.), contracts ‘‘(I) DISPUTE RESOLUTION.—In the event of a among all Indian tribes in that region in propor- and agreements for the planning, research, de- disagreement between the Secretary or the Sec- tion to the combined amount that each such In- sign, engineering, construction, and mainte- retary of the Interior and an Indian tribe over dian tribe received under subparagraph (A) and nance relating to the program or project. whether a particular function, duty, or power subclauses (I), (II), and (III).] ‘‘(B) EXCLUSION OF AGENCY PARTICIPATION.— may be lawfully transferred to the Indian tribe ‘‘(4) TRANSFERRED FUNDS.— In accordance with subparagraph (A), all under the Indian Self-Determination and Edu- ‘‘(A) IN GENERAL.—Not later than 30 days funds, including contract support costs, for a cation Assistance Act (25 U.S.C. 450 et seq.), the after the date on which funds are made avail- program or project to which subparagraph (A) Indian tribe shall have the right to pursue all able to the Secretary of the Interior under this applies shall be paid to the Indian tribal govern- alternative dispute resolution and appeal proce- paragraph, the funds shall be distributed to, ment without regard to the organizational level dures authorized by that Act, including regula- and made available for immediate use by, eligi- at which the Department of the Interior has tions issued to carry out the Act. ble Indian tribes, in accordance with the for- previously carried out, or the Department of ‘‘(J) TERMINATION OF CONTRACT OR AGREE- mula for distribution of funds under the tribal Transportation has previously carried out under MENT.—On the date of the termination of a con- transportation program. the tribal transportation program, the programs, tract or agreement under this section by an In- ‘‘(B) USE OF FUNDS.—Notwithstanding any functions, services, or activities involved. dian tribal government, the Secretary shall other provision of this section, funds made ‘‘(C) CONSORTIA.—Two or more Indian tribes transfer all funds that would have been allo- available to Indian tribes for tribal transpor- that are otherwise eligible to participate in a cated to the Indian tribal government under the tation facilities shall be expended on projects program or project to which this chapter applies contract or agreement to the Secretary of the In- identified in a transportation improvement pro- may form a consortium to be considered as a terior to provide continued transportation serv- gram approved by the Secretary. single Indian tribe for the purpose of partici- ices in accordance with applicable law. ‘‘(5) HEALTH AND SAFETY ASSURANCES.—Not- pating in the project under this section. ‘‘(c) PLANNING.— withstanding any other provision of law, an In- ‘‘(D) SECRETARY AS SIGNATORY.—Notwith- ‘‘(1) IN GENERAL.—For each fiscal year, not dian tribal government may approve plans, standing any other provision of law, the Sec- more than 2 percent of the funds made available specifications, and estimates and commence retary is authorized to enter into a funding for the tribal transportation program shall be road and bridge construction with funds made agreement with an Indian tribal government to allocated among Indian tribal governments that available from the tribal transportation program carry out a tribal transportation facility pro- apply for transportation planning pursuant to through a contract or agreement under Indian gram or project under subparagraph (A) that is the Indian Self-Determination and Education Self-Determination and Education Assistance located on an Indian reservation or provides ac- Assistance Act (25 U.S.C. 450 et seq.). Act (25 U.S.C. 450 et seq.), if the Indian tribal cess to the reservation or a community of the In- ‘‘(2) REQUIREMENT.—An Indian tribal govern- government— dian tribe. ment, in cooperation with the Secretary of the ‘‘(A) provides assurances in the contract or ‘‘(E) FUNDING.—The amount an Indian tribal Interior and, as appropriate, with a State, local agreement that the construction will meet or ex- government receives for a program or project government, or metropolitan planning organiza- ceed applicable health and safety standards; under subparagraph (A) shall equal the sum of tion, shall carry out a transportation planning ‘‘(B) obtains the advance review of the plans the funding that the Indian tribal government process in accordance with section 201(c). and specifications from a State-licensed civil en- would otherwise receive for the program or ‘‘(3) SELECTION AND APPROVAL OF PROJECTS.— gineer that has certified that the plans and project in accordance with the funding formula A project funded under this section shall be— specifications meet or exceed the applicable established under this subsection and such addi- ‘‘(A) selected by the Indian tribal government health and safety standards; and tional amounts as the Secretary determines from the transportation improvement program; ‘‘(C) provides a copy of the certification under equal the amounts that would have been with- and subparagraph (A) to the Deputy Assistant Sec- held for the costs of the Bureau of Indian Af- ‘‘(B) subject to the approval of the Secretary retary for Tribal Government Affairs, Depart- fairs for administration of the program or of the Interior and the Secretary. ment of Transportation, or the Assistant Sec- project. ‘‘(d) TRIBAL TRANSPORTATION FACILITY retary for Indian Affairs, Department of the In- ‘‘(F) ELIGIBILITY.— BRIDGES.— terior, as appropriate. ‘‘(i) IN GENERAL.—Subject to clause (ii) and ‘‘(1) NATIONWIDE PRIORITY PROGRAM.—The ‘‘(6) CONTRACTS AND AGREEMENTS WITH INDIAN the approval of the Secretary, funds may be Secretary shall maintain a nationwide priority TRIBES.— made available under subparagraph (A) to an program for improving deficient bridges eligible ‘‘(A) IN GENERAL.—Notwithstanding any other Indian tribal government for a program or for the tribal transportation program. provision of law or any interagency agreement, project in a fiscal year only if the Indian tribal ‘‘(2) FUNDING.—Before making any distribu- program guideline, manual, or policy directive, government requesting such funds demonstrates tion under subsection (b), the Secretary shall set all funds made available through the Secretary to the satisfaction of the Secretary financial sta- aside not more than 2 percent of the funds made of the Interior under this chapter and section bility and financial management capability dur- available under the tribal transportation pro- 125(e) for tribal transportation facilities to pay ing the 3 fiscal years immediately preceding the gram for each fiscal year to be allocated— for the costs of programs, services, functions, fiscal year for which the request is being made. ‘‘(A) to carry out any planning, design, engi- and activities, or portions of programs, services, ‘‘(ii) CONSIDERATIONS.—An Indian tribal gov- neering, preconstruction, construction, and in- functions, or activities, that are specifically or ernment that had no uncorrected significant spection of a project to replace, rehabilitate, functionally related to the cost of planning, re- and material audit exceptions in the required seismically retrofit, paint, apply calcium magne- search, engineering, and construction of any annual audit of the contracts or self-governance sium acetate, sodium acetate/formate, or other tribal transportation facility shall be made funding agreements made by the Indian tribe environmentally acceptable, minimally corrosive available, upon request of the Indian tribal gov- with any Federal agency under the Indian Self- anti-icing and deicing composition; or ernment, to the Indian tribal government for Determination and Education Assistance Act (25 ‘‘(B) to implement any countermeasure for de- contracts and agreements for such planning, re- U.S.C. 450 et seq.) during the 3-fiscal year pe- ficient tribal transportation facility bridges, in- search, engineering, and construction in accord- riod referred in clause (i) shall be conclusive evi- cluding multiple-pipe culverts. ance with Indian Self-Determination and Edu- dence of the financial stability and financial ‘‘(3) ELIGIBLE BRIDGES.—To be eligible to re- cation Assistance Act (25 U.S.C. 450 et seq.). management capability of the Indian tribe for ceive funding under this subsection, a bridge de- ‘‘(B) EXCLUSION OF AGENCY PARTICIPATION.— purposes of clause (i). scribed in paragraph (1) shall— All funds, including contract support costs, for ‘‘(G) ASSUMPTION OF FUNCTIONS AND DUTIES.— ‘‘(A) have an opening of not less than 20 feet; programs, functions, services, or activities, or An Indian tribal government receiving funding ‘‘(B) be classified as a tribal transportation portions of programs, services, functions, or ac- under subparagraph (A) for a program or facility; and tivities, including supportive administrative project shall assume all functions and duties ‘‘(C) be structurally deficient or functionally functions that are otherwise contractible to that the Secretary of the Interior would have obsolete. which subparagraph (A) applies, shall be paid performed with respect to a program or project ‘‘(4) APPROVAL REQUIREMENT.—The Secretary in accordance with subparagraph (A), without under this chapter, other than those functions may make funds available under this subsection regard to the organizational level at which the and duties that inherently cannot be legally for preliminary engineering, construction, and

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00295 Fmt 4634 Sfmt 6333 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H4454 CONGRESSIONAL RECORD — HOUSE June 28, 2012 construction engineering activities after ap- tered in conformity with regulations and agree- ‘‘(B) are owned by 1 of the following agencies: proval of required documentation and ments jointly approved by the Secretary and the ‘‘(i) The National Park Service. verification of eligibility in accordance with this Secretary of the appropriate Federal land man- ‘‘(ii) The Forest Service. title. aging agency. ‘‘(iii) The United States Fish and Wildlife ‘‘(e) SAFETY.— ‘‘(4) COOPERATION.— Service. ‘‘(1) FUNDING.—Before making any distribu- ‘‘(A) IN GENERAL.—The cooperation of States, ‘‘(iv) The Bureau of Land Management. tion under subsection (b), the Secretary shall set counties, or other local subdivisions may be ac- ‘‘(v) The Corps of Engineers. aside not more than 2 percent of the funds made cepted in construction and improvement. ‘‘(3) AVAILABILITY.—The inventories shall be made available to the Secretary. available under the tribal transportation pro- ‘‘(B) FUNDS RECEIVED.—Any funds received ‘‘(4) UPDATES.—The Secretaries of the appro- gram for each fiscal year to be allocated based from a State, county, or local subdivision shall priate Federal land management agencies shall on an identification and analysis of highway be credited to appropriations available for the update the inventories of the appropriate Fed- safety issues and opportunities on tribal land, class of Federal lands transportation facilities to eral land management agencies, as determined as determined by the Secretary, on application which the funds were contributed. by the Secretary after collaborative discussions of the Indian tribal governments for eligible ‘‘(5) COMPETITIVE BIDDING.— with the Secretaries of the appropriate Federal projects described in section 148(a)(4). ‘‘(A) IN GENERAL.—Subject to subparagraph land management agencies. ‘‘(2) PROJECT SELECTION.—An Indian tribal (B), construction of each project shall be per- ‘‘(5) REVIEW.—A decision to add or remove a government, in cooperation with the Secretary formed by contract awarded by competitive bid- facility from the inventory shall not be consid- of the Interior and, as appropriate, with a ding. ered a Federal action for purposes of review State, local government, or metropolitan plan- ‘‘(B) EXCEPTION.—Subparagraph (A) shall not under the National Environmental Policy Act of ning organization, shall select projects from the apply if the Secretary or the Secretary of the appropriate Federal land management agency 1969 (42 U.S.C. 4321 et seq.). transportation improvement program, subject to ‘‘(d) BICYCLE SAFETY.—The Secretary of the affirmatively finds that, under the cir- the approval of the Secretary and the Secretary appropriate Federal land management agency cumstances relating to the project, a different of the Interior. shall prohibit the use of bicycles on each feder- method is in the public interest. ‘‘(f) FEDERAL-AID ELIGIBLE PROJECTS.—Before ally owned road that has a speed limit of 30 ‘‘(b) AGENCY PROGRAM DISTRIBUTIONS.— approving as a project on a tribal transpor- miles per hour or greater and an adjacent paved ‘‘(1) IN GENERAL.—On October 1, 2011, and on tation facility any project eligible for funds ap- path for use by bicycles within 100 yards of the October 1 of each fiscal year thereafter, the Sec- portioned under section 104 in a State, the Sec- road unless the Secretary determines that the bi- retary shall allocate the sums authorized to be retary shall, for projects on tribal transpor- cycle level of service on that roadway is rated B appropriated for the fiscal year for the Federal tation facilities, determine that the obligation of or higher. funds for the project is supplementary to and lands transportation program on the basis of not in lieu of the obligation of a fair and equi- applications of need, as determined by the Sec- ‘‘§ 204. Federal lands access program table share of funds apportioned to the State retary— ‘‘(a) USE OF FUNDS.— under section 104. ‘‘(A) in consultation with the Secretaries of ‘‘(1) IN GENERAL.—Funds made available the applicable Federal land management agen- under the Federal lands access program shall be ‘‘§ 203. Federal lands transportation program cies; and used by the Secretary of Transportation and the ‘‘(a) USE OF FUNDS.— ‘‘(B) in coordination with the transportation Secretary of the appropriate Federal land man- ‘‘(1) IN GENERAL.—Funds made available plans required under section 201 of the respec- agement agency to pay the cost of— under the Federal lands transportation program tive transportation systems of— ‘‘(A) transportation planning, research, engi- shall be used by the Secretary of Transportation ‘‘(i) the National Park Service; neering, preventive maintenance, rehabilitation, and the Secretary of the appropriate Federal ‘‘(ii) the Forest Service; restoration, construction, and reconstruction of land management agency to pay the costs of— ‘‘(iii) the United States Fish and Wildlife Federal lands access transportation facilities lo- ‘‘(A) program administration, transportation Service; cated on or adjacent to, or that provide access planning, research, preventive maintenance, en- ‘‘(iv) the Corps of Engineers; and to, Federal land, and— gineering, rehabilitation, restoration, construc- ‘‘(v) the Bureau of Land Management. ‘‘(i) adjacent vehicular parking areas; tion, and reconstruction of Federal lands trans- ‘‘(2) APPLICATIONS.— ‘‘(ii) acquisition of necessary scenic easements portation facilities, and— ‘‘(A) REQUIREMENTS.—Each application sub- and scenic or historic sites; ‘‘(i) adjacent vehicular parking areas; mitted by a Federal land management agency ‘‘(iii) provisions for pedestrians and bicycles; ‘‘(ii) acquisition of necessary scenic easements shall include proposed programs at various po- ‘‘(iv) environmental mitigation in or adjacent and scenic or historic sites; tential funding levels, as defined by the Sec- to Federal land to improve public safety and re- ‘‘(iii) provision for pedestrians and bicycles; retary following collaborative discussions with duce vehicle-caused wildlife mortality while ‘‘(iv) environmental mitigation in or adjacent applicable Federal land management agencies. maintaining habitat connectivity; to Federal land open to the public— ‘‘(B) CONSIDERATION BY SECRETARY.—In eval- ‘‘(v) construction and reconstruction of road- ‘‘(I) to improve public safety and reduce vehi- uating an application submitted under subpara- side rest areas, including sanitary and water fa- cle-caused wildlife mortality while maintaining graph (A), the Secretary shall consider the ex- cilities; and ‘‘(vi) other appropriate public road facilities, habitat connectivity; and tent to which the programs support— ‘‘(II) to mitigate the damage to wildlife, ‘‘(i) the transportation goals of— as determined by the Secretary; ‘‘(B) operation and maintenance of transit fa- aquatic organism passage, habitat, and eco- ‘‘(I) a state of good repair of transportation cilities; and system connectivity, including the costs of con- facilities; ‘‘(C) any transportation project eligible for as- structing, maintaining, replacing, or removing ‘‘(II) a reduction of bridge deficiencies, and sistance under this title that is within or adja- culverts and bridges, as appropriate; ‘‘(III) an improvement of safety; cent to, or that provides access to, Federal land. ‘‘(v) construction and reconstruction of road- ‘‘(ii) high-use Federal recreational sites or ‘‘(2) CONTRACT.—In connection with an activ- side rest areas, including sanitary and water fa- Federal economic generators; and ity described in paragraph (1), the Secretary cilities; ‘‘(iii) the resource and asset management and the Secretary of the appropriate Federal ‘‘(vi) congestion mitigation; and goals of the Secretary of the respective Federal land management agency may enter into a con- ‘‘(vii) other appropriate public road facilities, land management agency. tract or other appropriate agreement with re- as determined by the Secretary; ‘‘(C) PERMISSIVE CONTENTS.—Applications ‘‘(B) operation and maintenance of transit fa- spect to the activity with— may include proposed programs the duration of ‘‘(A) a State (including a political subdivision cilities; which extend over a multiple-year period to sup- of a State); or ‘‘(C) any transportation project eligible for as- port long-term transportation planning and re- ‘‘(B) an Indian tribe. sistance under this title that is on a public road source management initiatives. ‘‘(3) ADMINISTRATION.—All appropriations for within or adjacent to, or that provides access to, ‘‘(c) NATIONAL FEDERAL LANDS TRANSPOR- the construction and improvement of Federal Federal lands open to the public; and TATION FACILITY INVENTORY.— lands access transportation facilities shall be ‘‘(D) not more $10,000,000 of the amounts made ‘‘(1) IN GENERAL.—The Secretaries of the ap- administered in conformity with regulations and available per fiscal year to carry out this section propriate Federal land management agencies, in agreements approved by the Secretary. for activities eligible under subparagraph cooperation with the Secretary, shall maintain a ‘‘(4) COOPERATION.— (A)(iv). comprehensive national inventory of public Fed- ‘‘(A) IN GENERAL.—The cooperation of States, ‘‘(2) CONTRACT.—In connection with an activ- eral lands transportation facilities. counties, or other local subdivisions may be ac- ity described in paragraph (1), the Secretary ‘‘(2) TRANSPORTATION FACILITIES INCLUDED IN cepted in construction and improvement. and the Secretary of the appropriate Federal THE INVENTORIES.—To identify the Federal ‘‘(B) FUNDS RECEIVED.—Any funds received land management agency may enter into a con- lands transportation system and determine the from a State, county, or local subdivision for a tract or other appropriate agreement with re- relative transportation needs among Federal Federal lands access transportation facility spect to the activity with— land management agencies, the inventories shall project shall be credited to appropriations avail- ‘‘(A) a State (including a political subdivision include, at a minimum, facilities that— able under the Federal lands access program. of a State); or ‘‘(A) provide access to high-use Federal recre- ‘‘(5) COMPETITIVE BIDDING.— ‘‘(B) an Indian tribe. ation sites or Federal economic generators, as ‘‘(A) IN GENERAL.—Subject to subparagraph ‘‘(3) ADMINISTRATION.—All appropriations for determined by the Secretary in coordination (B), construction of each project shall be per- the construction and improvement of Federal with the respective Secretaries of the appro- formed by contract awarded by competitive bid- lands transportation facilities shall be adminis- priate Federal land management agencies; and ding.

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‘‘(B) EXCEPTION.—Subparagraph (A) shall not provide access to, are adjacent to, or are located ‘‘(l) REPORT.— apply if the Secretary or the Secretary of the within high-use Federal recreation sites or Fed- ‘‘(1) IN GENERAL.—Not later than 2 years after appropriate Federal land management agency eral economic generators, as identified by the the date of enactment of the MAP–21, the Sec- affirmatively finds that, under the cir- Secretaries of the appropriate Federal land retary shall submit a report to the Committee on cumstances relating to the project, a different management agencies.’’. Transportation and Infrastructure of the House method is in the public interest. (b) PUBLIC LANDS DEVELOPMENT ROADS AND of Representatives and the Committee on Envi- ‘‘(b) PROGRAM DISTRIBUTIONS.— TRAILS.—Section 214 of title 23, United States ronment and Public Works of the Senate regard- ‘‘(1) IN GENERAL.—Funding made available to Code, is repealed. ing projects of national and regional signifi- carry out the Federal lands access program (c) CONFORMING AMENDMENTS.— cance. shall be allocated among those States that have (1) CHAPTER 2 ANALYSIS.—The analysis for ‘‘(2) PURPOSE.—The purpose of the report Federal land, in accordance with the following chapter 2 of title 23, United States Code, is issued under this subsection shall be to identify formula: amended— projects of national and regional significance ‘‘(A) 80 percent of the available funding for (A) by striking the items relating to sections that— use in those States that contain at least 11⁄2 per- 201 through 204 and inserting the following: ‘‘(A) will significantly improve the perform- cent of the total public land in the United States ‘‘201. Federal lands and tribal transportation ance of the Federal-aid highway system, nation- managed by the agencies described in paragraph programs. ally or regionally; (2), to be distributed as follows: ‘‘202. Tribal transportation program. ‘‘(B) is able to— ‘‘(i) 30 percent in the ratio that— ‘‘203. Federal lands transportation program. ‘‘(i) generate national economic benefits that ‘‘(I) recreational visitation within each such ‘‘204. Federal lands access program.’’; and reasonably exceed the costs of the projects, in- State; bears to (B) by striking the item relating to section 214. cluding increased access to jobs, labor, and ‘‘(II) the recreational visitation within all (2) DEFINITION.—Section 138(a) of title 23, other critical economic inputs; such States. United States Code, is amended in the third sen- ‘‘(ii) reduce long-term congestion, including ‘‘(ii) 5 percent in the ratio that— tence by striking ‘‘park road or parkway under impacts in the State, region, and the United ‘‘(I) the Federal land area within each such section 204 of this title’’ and inserting ‘‘Federal States, and increase speed, reliability, and ac- State; bears to lands transportation facility’’. cessibility of the movement of people or freight; ‘‘(II) the Federal land area in all such States. (3) RULES, REGULATIONS, AND RECOMMENDA- and ‘‘(iii) 55 percent in the ratio that— TIONS.—Section 315 of title 23, United States ‘‘(iii) improve transportation safety, including ‘‘(I) the Federal public road miles within each Code, is amended by striking ‘‘204(f)’’ and in- reducing transportation accidents, and serious such State; bears to serting ‘‘202(a)(5), 203(a)(3),’’. ‘‘(II) the Federal public road miles in all such injuries and fatalities; and SEC. 1120. PROJECTS OF NATIONAL AND RE- ‘‘(C) can be supported by an acceptable degree States. GIONAL SIGNIFICANCE. of non-Federal financial commitments. ‘‘(iv) 10 percent in the ratio that— Section 1301 of the SAFETEA–LU (23 U.S.C. ‘‘(3) CONTENTS.—The report issued under this ‘‘(I) the number of Federal public bridges 101 note; 119 Stat. 1198) is amended— subsection shall include— within each such State; bears to (1) in subsection (b), by striking ‘‘States’’ and ‘‘(A) a comprehensive list of each project of ‘‘(II) the number of Federal public bridges in inserting ‘‘eligible applicants’’; all such States. (2) in subsection (c), by striking paragraph (3) national and regional significance that— ‘‘(B) 20 percent of the available funding for and inserting the following: ‘‘(i) has been complied through a survey of use in those States that do not contain at least ‘‘(3) ELIGIBLE APPLICANT.—The term ‘eligible State departments of transportation; and 11⁄2 percent of the total public land in the United applicant’ means— ‘‘(ii) has been classified by the Secretary as a States managed by the agencies described in ‘‘(A) a State department of transportation or project of regional or national significance in paragraph (2), to be distributed as follows: a group of State departments of transportation; accordance with this section; ‘‘(i) 30 percent in the ratio that— ‘‘(B) a tribal government or consortium of ‘‘(B) an analysis of the information collected ‘‘(I) recreational visitation within each such tribal governments; under paragraph (1), including a discussion of State; bears to ‘‘(C) a transit agency; or the factors supporting each classification of a ‘‘(II) the recreational visitation within all ‘‘(D) a multi-State or multi-jurisdictional project as a project of regional or national sig- such States. group of the agencies described in subpara- nificance; and ‘‘(ii) 5 percent in the ratio that— graphs (A) through (C).’’; ‘‘(C) recommendations on financing for eligi- ‘‘(I) the Federal land area within each such (3) in subsection (d)(2), by striking ‘‘75’’ and ble project costs. State; bears to inserting ‘‘50’’; ‘‘(m) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(II) the Federal land area in all such States. (4) in subsection (e), by striking ‘‘State’’ and There is authorized to be appropriated to carry ‘‘(iii) 55 percent in the ratio that— inserting ‘‘eligible applicant’’; out this section $500,000,000 for fiscal year 2013, ‘‘(I) the Federal public road miles within each (5) in subsection (f)(3) by striking subpara- to remain available until expended.’’. such State; bears to graph (B) and inserting the following: SEC. 1121. CONSTRUCTION OF FERRY BOATS AND ‘‘(II) the Federal public road miles in all such ‘‘(B) improves roadways vital to national en- FERRY TERMINAL FACILITIES. States. ergy security; and’’; (a) CONSTRUCTION OF FERRY BOATS AND ‘‘(iv) 10 percent in the ratio that— (6) in subsection (g)(1) by adding at the end FERRY TERMINAL FACILITIES.—Section 147 of ‘‘(I) the number of Federal public bridges the following: title 23, United States Code, is amended— ONGRESSIONAL APPROVAL.—The Sec- within each such State; bears to ‘‘(E) C (1) by striking subsections (c) and (d); ‘‘(II) the number of Federal public bridges in retary may not issue a letter of intent, enter into (2) by redesignating subsections (e) and (f) as all such States. a full funding grant agreement under para- subsections (f) and (g), respectively; and ‘‘(2) DATA SOURCE.—Data necessary to dis- graph (2), or make any other obligation or com- (3) by inserting after subsection (b) the fol- tribute funding under paragraph (1) shall be mitment to fund a project under this section if lowing: provided by the following Federal land manage- a joint resolution of disapproval is enacted dis- ‘‘(c) DISTRIBUTION OF FUNDS.—Of the ment agencies: approving funding for the project before the last amounts made available to ferry systems and ‘‘(A) The National Park Service. day of the 60-day period described in subpara- public entities responsible for developing ferries ‘‘(B) The Forest Service. graph (B).’’; ‘‘(C) The United States Fish and Wildlife (7) in subsection (k), by adding at the end the under this section for a fiscal year, 100 percent Service. following: shall be allocated in accordance with the formula set forth in subsection (d). ‘‘(D) The Bureau of Land Management. ‘‘(3) PROJECT SELECTION JUSTIFICATIONS.— ‘‘(E) The Corps of Engineers. ‘‘(A) IN GENERAL.—Not later than 30 days ‘‘(d) FORMULA.—Of the amounts allocated ‘‘(c) PROGRAMMING DECISIONS COMMITTEE.— after the date on which the Secretary selects a pursuant to subsection (c)— ‘‘(1) IN GENERAL.—Programming decisions project for funding under this section, the Sec- ‘‘(1) 20 percent shall be allocated among eligi- shall be made within each State by a committee retary shall submit to the Committee on Trans- ble entities in the proportion that— comprised of— portation and Infrastructure of the House of ‘‘(A) the number of ferry passengers carried ‘‘(A) a representative of the Federal Highway Representatives and the Committee on Environ- by each ferry system in the most recent fiscal Administration; ment and Public Works of the Senate a report year; bears to ‘‘(B) a representative of the State Department that describes the reasons for selecting the ‘‘(B) the number of ferry passengers carried of Transportation; and project, based on the criteria described in sub- by all ferry systems in the most recent fiscal ‘‘(C) a representative of any appropriate polit- section (f). year; ical subdivision of the State. ‘‘(B) INCLUSIONS.—The report submitted under ‘‘(2) 45 percent shall be allocated among eligi- ‘‘(2) CONSULTATION REQUIREMENT.—The com- subparagraph (A) shall specify each criteria de- ble entities in the proportion that— mittee described in paragraph (1) shall cooper- scribed in subsection (f) that the project meets. ‘‘(A) the number of vehicles carried by each ate with each applicable Federal agency in each ‘‘(C) AVAILABILITY.—The Secretary shall ferry system in the most recent fiscal year; bears State before any joint discussion or final pro- make available on the website of the Depart- to gramming decision. ment the report submitted under subparagraph ‘‘(B) the number of vehicles carried by all ‘‘(3) PROJECT PREFERENCE.—In making a pro- (A).’’; and ferry systems in the most recent fiscal year; and gramming decision under paragraph (1), the (8) by striking subsections (l) and (m) and in- ‘‘(3) 35 percent shall be allocated among eligi- committee shall give preference to projects that serting the following: ble entities in the proportion that—

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‘‘(A) the total route miles serviced by each ‘‘(2) METROPOLITAN AREAS.—Funds attributed section (f) if the Governor of the State notifies ferry system; bears to to an urbanized area under paragraph (1)(A)(i) the Secretary not later than 30 days prior to ap- ‘‘(B) the total route miles serviced by all ferry may be obligated in the metropolitan area estab- portionments being made for any fiscal year.’’. systems. lished under section 134 that encompasses the (b) CONFORMING AMENDMENT.—The analysis ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— urbanized area. for chapter 2 of title 23, United States Code, is There is authorized to be appropriated out of ‘‘(3) DISTRIBUTION AMONG URBANIZED AREAS amended by striking the item relating to section the Highway Trust Fund (other than the Mass OF OVER 200,000 POPULATION.— 213 and inserting the following: Transit Account) to carry out this section ‘‘(A) IN GENERAL.—Except as provided in ‘‘213. Transportation alternatives’’. $67,000,000 for each of fiscal years 2013 and paragraph (1)(B), the amount of funds that a SEC. 1123. TRIBAL HIGH PRIORITY PROJECTS 2014.’’. State is required to obligate under paragraph PROGRAM. (b) NATIONAL FERRY DATABASE.—Section (1)(A)(i) shall be obligated in urbanized areas (a) DEFINITIONS.—In this section: 1801(e) of the SAFETEA–LU (23 U.S.C. 129 note; described in paragraph (1)(A)(i) based on the (1) EMERGENCY OR DISASTER.—The term Public Law 109–59) is amended— relative population of the areas. ‘‘emergency or disaster’’ means damage to a (1) in paragraph (2), by inserting ‘‘, including ‘‘(B) OTHER FACTORS.—A State may obligate tribal transportation facility that— any Federal, State, and local government fund- the funds described in subparagraph (A) based (A) renders the tribal transportation facility ing sources,’’ after ‘‘sources’’; and on other factors if the State and the relevant impassable or unusable; (2) in paragraph (4)— metropolitan planning organizations jointly (B) is caused by— (A) in subparagraph (B), by striking ‘‘and’’ at apply to the Secretary for the permission to base (i) a natural disaster over a widespread area; the end; the obligation on other factors and the Sec- or (B) by redesignating subparagraph (C) as sub- retary grants the request. (ii) a catastrophic failure from an external paragraph (D); ‘‘(4) ACCESS TO FUNDS.— cause; and (C) by inserting after subparagraph (B), the ‘‘(A) IN GENERAL.—Each State or metropolitan (C) would be eligible under the emergency re- following: planning organization required to obligate lief program under section 125 of title 23, United ‘‘(C) ensure that the database is consistent funds in accordance with paragraph (1) shall States Code, but does not meet the funding with the national transit database maintained develop a competitive process to allow eligible thresholds required by that section. by the Federal Transit Administration; and’’; entities to submit projects for funding that (2) LIST.—The term ‘‘list’’ means the funding and achieve the objectives of this subsection. priority list developed under subsection (c)(5). (D) in subparagraph (D) (as redesignated by ‘‘(B) DEFINITION OF ELIGIBLE ENTITY.—In this (3) PROGRAM.—The term ‘‘program’’ means subparagraph (B)), by striking ‘‘2009’’ and in- paragraph, the term ‘eligible entity’ means— the Tribal High Priority Projects program estab- serting ‘‘2014’’. ‘‘(i) a local government; lished under subsection (b)(1). SEC. 1122. TRANSPORTATION ALTERNATIVES. ‘‘(ii) a regional transportation authority; (4) PROJECT.—The term ‘‘project’’ means a (a) IN GENERAL.—Section 213 of title 23, ‘‘(iii) a transit agency; project provided funds under the program. United States Code, is amended to read as fol- ‘‘(iv) a natural resource or public land agen- (b) PROGRAM.— lows: cy; (1) IN GENERAL.—The Secretary shall use ‘‘(v) a school district, local education agency, amounts made available under subsection (h) to ‘‘§ 213. Transportation alternatives or school; carry out a Tribal High Priority Projects pro- ‘‘(a) RESERVATION OF FUNDS.— ‘‘(vi) a tribal government; and gram under which funds shall be provided to eli- ‘‘(1) IN GENERAL.—On October 1 of each of fis- ‘‘(vii) any other local or regional govern- gible applicants in accordance with this section. cal years 2013 and 2014, the Secretary shall pro- mental entity with responsibility for or oversight (2) ELIGIBLE APPLICANTS.—Applicants eligible portionally reserve from the funds apportioned of transportation or recreational trails (other for program funds under this section include— to a State under section 104(b) to carry out the than a metropolitan planning organization or a (A) an Indian tribe whose annual allocation requirements of this section an amount equal to State agency) that the State determines to be eli- of funding under section 202 of title 23, United the amount obtained by multiplying the amount gible, consistent with the goals of this sub- States Code, is insufficient to complete the high- determined under paragraph (2) by the ratio section. est priority project of the Indian tribe; that— ‘‘(5) SELECTION OF PROJECTS.—For funds re- (B) a governmental subdivision of an Indian ‘‘(A) the amount apportioned to the State for served in a State under this section and suballo- tribe— the transportation enhancements program for cated to a metropolitan planning area under (i) that is authorized to administer the fund- fiscal year 2009 under section 133(d)(2), as in ef- paragraph (1)(A)(i), each such metropolitan ing of the Indian tribe under section 202 of title fect on the day before the date of enactment of planning organization shall select projects car- 23, United States Code; and the MAP-21; bears to ried out within the boundaries of the applicable (ii) for which the annual allocation under ‘‘(B) the total amount of funds apportioned to metropolitan planning area, in consultation that section is insufficient to complete the high- all States for that fiscal year for the transpor- with the relevant State. est priority project of the Indian tribe; or tation enhancements program for fiscal year ‘‘(d) FLEXIBILITY OF EXCESS RESERVED FUND- (C) any Indian tribe that has an emergency or 2009. ING.—Beginning in the second fiscal year after disaster with respect to a transportation facility ‘‘(2) CALCULATION OF NATIONAL AMOUNT.— the date of enactment of the MAP-21, if on Au- included on the national inventory of tribal The Secretary shall determine an amount for gust 1 of that fiscal year the unobligated bal- transportation facilities under section 202(b)(1) each fiscal year that is equal to 2 percent of the ance of available funds reserved by a State of title 23, United States Code. amounts authorized to be appropriated for such under this section exceeds 100 percent of such (c) PROJECT APPLICATIONS; FUNDING.— fiscal year from the Highway Trust Fund (other reserved amount in such fiscal year, the State (1) IN GENERAL.—To apply for funds under than the Mass Transit Account) to carry out may thereafter obligate the amount of excess this section, an eligible applicant shall submit to chapters 1, 2, 5, and 6 of this title. funds for any activity— the Department of the Interior or the Depart- ‘‘(b) ELIGIBLE PROJECTS.—A State may obli- ‘‘(1) that is eligible to receive funding under ment an application that includes— gate the funds reserved under this section for this section; or (A) project scope of work, including any of the following projects or activities: ‘‘(2) for which the Secretary has approved the deliverables, budget, and timeline; ‘‘(1) Transportation alternatives, as defined in obligation of funds for any State under section (B) the amount of funds requested; section 101. 149. (C) project information addressing— ‘‘(2) The recreational trails program under ‘‘(e) TREATMENT OF PROJECTS.—Notwith- (i) the ranking criteria identified in para- section 206. standing any other provision of law, projects graph (3); or ‘‘(3) The safe routes to school program under funded under this section (excluding those car- (ii) the nature of the emergency or disaster; section 1404 of the SAFETEA–LU (23 U.S.C. 402 ried out under subsection (f)) shall be treated as (D) documentation that the project meets the note; Public Law 109–59). projects on a Federal-aid highway under this definition of a tribal transportation facility and ‘‘(4) Planning, designing, or constructing bou- chapter. is included in the national inventory of tribal levards and other roadways largely in the right- ‘‘(f) CONTINUATION OF CERTAIN RECREATIONAL transportation facilities under section 202(b)(1) of-way of former Interstate System routes or TRAILS PROJECTS.—Each State shall— of title 23, United States Code; other divided highways. ‘‘(1) obligate an amount of funds reserved (E) documentation of official tribal action re- ‘‘(c) ALLOCATIONS OF FUNDS.— under this section equal to the amount of the questing the project; ‘‘(1) CALCULATION.—Of the funds reserved in funds apportioned to the State for fiscal year (F) documentation from the Indian tribe pro- a State under this section— 2009 under section 104(h)(2) for projects relating viding authority for the Secretary of the Interior ‘‘(A) 50 percent for a fiscal year shall be obli- to recreational trails under section 206; to place the project on a transportation improve- gated under this section to any eligible entity in ‘‘(2) return 1 percent of those funds to the ment program if the project is selected and ap- proportion to their relative shares of the popu- Secretary for the administration of that pro- proved; and lation of the State— gram; and (G) any other information the Secretary of the ‘‘(i) in urbanized areas of the State with an ‘‘(3) comply with the provisions of the admin- Interior or Secretary considers appropriate to urbanized area population of over 200,000; istration of the recreational trails program make a determination. ‘‘(ii) in areas of the State other than urban under section 206, including the use of appor- (2) LIMITATION ON APPLICATIONS.—An appli- areas with a population greater than 5,000; and tioned funds described under subsection cant for funds under the program may only ‘‘(iii) in other areas of the State; and (d)(3)(A) of that section. have 1 application for assistance under this sec- ‘‘(B) 50 percent shall be obligated in any area ‘‘(g) STATE FLEXIBILITY.—A State may opt out tion pending at any 1 time, including any emer- of the State. of the recreational trails program under sub- gency or disaster application.

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(3) APPLICATION RANKING.— (C) EFFECT ON OTHER PROJECTS.—If the Sec- ‘‘(1) METROPOLITAN PLANNING AREA.—The (A) IN GENERAL.—The Secretary of the Inte- retary of the Interior uses funding previously term ‘metropolitan planning area’ means the ge- rior and the Secretary shall determine the eligi- designated for a project on the list to fund an ographic area determined by agreement between bility of, and fund, program applications, sub- emergency or disaster project under this sub- the metropolitan planning organization for the ject to the availability of funds. section, the project on the list that did not re- area and the Governor under subsection (e). (B) RANKING CRITERIA.—The project ranking ceive funding as a result of the redesignation of ‘‘(2) METROPOLITAN PLANNING ORGANIZA- criteria for applications under this section shall funds shall move to the top of the list the fol- TION.—The term ‘metropolitan planning organi- include— lowing year. zation’ means the policy board of an organiza- (i) the existence of safety hazards with docu- (4) EMERGENCY OR DISASTER PROJECT COST.— tion established as a result of the designation mented fatality and injury accidents; The cost of a project submitted as an emergency process under subsection (d). (ii) the number of years since the Indian tribe or disaster under this subsection shall be at ‘‘(3) NONMETROPOLITAN AREA.—The term last completed a construction project funded by least 10 percent of the distribution of funds of ‘nonmetropolitan area’ means a geographic area section 202 of title 23, United States Code; the Indian tribe under section 202(b) of title 23, outside designated metropolitan planning areas. (iii) the readiness of the Indian tribe to pro- United States Code. ‘‘(4) NONMETROPOLITAN LOCAL OFFICIAL.—The ceed to construction or bridge design need; (e) LIMITATION ON USE OF FUNDS.—Program term ‘nonmetropolitan local official’ means (iv) the percentage of project costs matched by funds shall not be used for— elected and appointed officials of general pur- funds that are not provided under section 202 of (1) transportation planning; pose local government in a nonmetropolitan title 23, United States Code, with projects with (2) research; area with responsibility for transportation. a greater percentage of other sources of match- (3) routine maintenance activities; ‘‘(5) REGIONAL TRANSPORTATION PLANNING OR- ing funds ranked ahead of lesser matches); (4) structures and erosion protection unrelated GANIZATION.—The term ‘regional transportation (v) the amount of funds requested, with re- to transportation and roadways; planning organization’ means a policy board of quests for lesser amounts given greater priority; (5) general reservation planning not involving an organization established as the result of a (vi) the challenges caused by geographic isola- transportation; designation under section 135(m). tion; and (6) landscaping and irrigation systems not in- ‘‘(6) TIP.—The term ‘TIP’ means a transpor- (vii) all weather access for employment, com- volving transportation programs and projects; tation improvement program developed by a met- (7) work performed on projects that are not in- merce, health, safety, educational resources, or ropolitan planning organization under sub- cluded on a transportation improvement pro- housing. section (j). (4) PROJECT SCORING MATRIX.—The project gram approved by the Federal Highway Admin- ‘‘(7) URBANIZED AREA.—The term ‘urbanized scoring matrix established in the appendix to istration, unless otherwise authorized by the area’ means a geographic area with a popu- part 170 of title 25, Code of Regulations (as in Secretary of the Interior and the Secretary; lation of 50,000 or more, as determined by the (8) the purchase of equipment unless other- effect on the date of enactment of this Act) shall Bureau of the Census. be used to rank all applications accepted under wise authorized by Federal law; or ‘‘(c) GENERAL REQUIREMENTS.— (9) the condemnation of land for recreational this section. ‘‘(1) DEVELOPMENT OF LONG-RANGE PLANS AND (5) FUNDING PRIORITY LIST.— trails. TIPS.—To accomplish the objectives in sub- (A) IN GENERAL.—The Secretary of the Inte- (f) LIMITATION ON PROJECT AMOUNTS.— section (a), metropolitan planning organizations rior and the Secretary shall jointly produce a Project funding shall be limited to a maximum designated under subsection (d), in cooperation funding priority list that ranks the projects ap- of $1,000,000 per application, except that fund- with the State and public transportation opera- proved for funding under the program. ing for disaster or emergency projects shall also tors, shall develop long-range transportation (B) LIMITATION.—The number of projects on be limited to the estimated cost of repairing plans and transportation improvement programs the list shall be limited by the amount of fund- damage to the tribal transportation facility. through a performance-driven, outcome-based ing made available. (g) COST ESTIMATE CERTIFICATION.—All cost approach to planning for metropolitan areas of (6) TIMELINE.—The Secretary of the Interior estimates prepared for a project shall be re- and the Secretary shall— quired to be submitted by the applicant to the the State. ONTENTS.—The plans and TIPs for each (A) require applications for funding no sooner Secretary of the Interior and the Secretary for ‘‘(2) C metropolitan area shall provide for the develop- than 60 days after funding is made available certification and approval. pursuant to subsection (a); (h) AUTHORIZATION OF APPROPRIATIONS.— ment and integrated management and operation (B) notify all applicants and Regions in writ- (1) IN GENERAL.—There is authorized to be ap- of transportation systems and facilities (including of acceptance of applications; propriated $30,000,000 out of the general fund of ing accessible pedestrian walkways and bicycle (C) rank all accepted applications in accord- the Treasury to carry out the program for each transportation facilities) that will function as ance with the project scoring matrix, develop of fiscal years 2013 and 2014. an intermodal transportation system for the the funding priority list, and return unaccepted (2) ADMINISTRATION.—The funds made avail- metropolitan planning area and as an integral applications to the applicant with an expla- able under paragraph (1) shall be administered part of an intermodal transportation system for nation of deficiencies; in the same manner as funds made available for the State and the United States. (D) notify all accepted applicants of the the tribal transportation program under section ‘‘(3) PROCESS OF DEVELOPMENT.—The process projects included on the funding priority list no 202 of title 23, United States Code, except that— for developing the plans and TIPs shall provide later than 180 days after the application dead- (A) the funds made available for the program for consideration of all modes of transportation line has passed pursuant to subparagraph (A); shall remain available until September 30 of the and shall be continuing, cooperative, and com- and third fiscal year after the year appropriated; prehensive to the degree appropriate, based on (E) distribute funds to successful applicants. and the complexity of the transportation problems to (d) EMERGENCY OR DISASTER PROJECT APPLI- (B) the Federal share of the cost of a project be addressed. CATIONS.— shall be 100 percent. ‘‘(d) DESIGNATION OF METROPOLITAN PLAN- (1) IN GENERAL.—Notwithstanding subsection Subtitle B—Performance Management NING ORGANIZATIONS.— (c)(6), an eligible applicant may submit an emer- ‘‘(1) IN GENERAL.—To carry out the transpor- gency or disaster project application at any time SEC. 1201. METROPOLITAN TRANSPORTATION tation planning process required by this section, PLANNING. during the fiscal year. a metropolitan planning organization shall be (a) IN GENERAL.—Section 134 of title 23, (2) CONSIDERATION AS PRIORITY.—The Sec- designated for each urbanized area with a pop- United States Code, is amended to read as fol- retary shall— ulation of more than 50,000 individuals— (A) consider project applications submitted lows: ‘‘(A) by agreement between the Governor and under paragraph (1) to be a priority; and ‘‘§ 134. Metropolitan transportation planning units of general purpose local government that (B) fund the project applications in accord- ‘‘(a) POLICY.—It is in the national interest— together represent at least 75 percent of the af- ance with paragraph (3). ‘‘(1) to encourage and promote the safe and fected population (including the largest incor- (3) FUNDING.— efficient management, operation, and develop- porated city (based on population) as deter- (A) IN GENERAL.—If an eligible applicant sub- ment of surface transportation systems that will mined by the Bureau of the Census); or mits an application for a project under this sub- serve the mobility needs of people and freight ‘‘(B) in accordance with procedures estab- section before the issuance of the list under sub- and foster economic growth and development lished by applicable State or local law. section (c)(5) and the project is determined to be within and between States and urbanized areas, ‘‘(2) STRUCTURE.—Not later than 2 years after eligible for program funds, the Secretary of the while minimizing transportation-related fuel the date of enactment of MAP-21, each metro- Interior shall provide funding for the project be- consumption and air pollution through metropolitan planning organization that serves an fore providing funding for other approved politan and statewide transportation planning area designated as a transportation manage- projects on the list. processes identified in this chapter; and ment area shall consist of— (B) SUBMISSION AFTER ISSUANCE OF LIST.—If ‘‘(2) to encourage the continued improvement ‘‘(A) local elected officials; an eligible applicant submits an application and evolution of the metropolitan and statewide ‘‘(B) officials of public agencies that admin- under this subsection after the issuance of the transportation planning processes by metropoli- ister or operate major modes of transportation in list under subsection (c)(5) and the distribution tan planning organizations, State departments the metropolitan area, including representation of program funds in accordance with the list, of transportation, and public transit operators by providers of public transportation; and the Secretary of the Interior shall provide fund- as guided by the planning factors identified in ‘‘(C) appropriate State officials. ing for the project on the date on which unobli- subsection (h) and section 135(d). ‘‘(3) LIMITATION ON STATUTORY CONSTRUC- gated funds provided to projects on the list are ‘‘(b) DEFINITIONS.—In this section and section TION.—Nothing in this subsection shall be con- returned to the Department of the Interior. 135, the following definitions apply: strued to interfere with the authority, under

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COORDINATION.— ‘‘(I) IN GENERAL.—Each metropolitan plan- ‘‘(6) DESIGNATION OF MORE THAN 1 METROPOLI- ‘‘(1) NONATTAINMENT AREAS.—If more than 1 ning organization shall establish performance TAN PLANNING ORGANIZATION.—More than 1 met- metropolitan planning organization has author- targets that address the performance measures ropolitan planning organization may be des- ity within a metropolitan area or an area which described in section 150(c), where applicable, to ignated within an existing metropolitan plan- is designated as a nonattainment area for ozone use in tracking progress towards attainment of ning area only if the Governor and the existing or carbon monoxide under the Clean Air Act (42 critical outcomes for the region of the metropoli- metropolitan planning organization determine U.S.C. 7401 et seq.), each metropolitan planning tan planning organization. that the size and complexity of the existing met- organization shall consult with the other metro- ‘‘(II) COORDINATION.—Selection of perform- ropolitan planning area make designation of politan planning organizations designated for ance targets by a metropolitan planning organi- more than 1 metropolitan planning organization such area and the State in the coordination of zation shall be coordinated with the relevant for the area appropriate. plans and TIPs required by this section. State to ensure consistency, to the maximum ex- ‘‘(e) METROPOLITAN PLANNING AREA BOUND- ‘‘(2) TRANSPORTATION IMPROVEMENTS LOCATED tent practicable. ARIES.— IN MULTIPLE MPOS.—If a transportation im- ‘‘(ii) PUBLIC TRANSPORTATION PERFORMANCE ‘‘(1) IN GENERAL.—For the purposes of this provement, funded from the Highway Trust TARGETS.—Selection of performance targets by a section, the boundaries of a metropolitan plan- Fund or authorized under chapter 53 of title 49, metropolitan planning organization shall be co- ning area shall be determined by agreement be- is located within the boundaries of more than 1 ordinated, to the maximum extent practicable, tween the metropolitan planning organization metropolitan planning area, the metropolitan with providers of public transportation to en- and the Governor. planning organizations shall coordinate plans sure consistency with sections 5326(c) and ‘‘(2) INCLUDED AREA.—Each metropolitan and TIPs regarding the transportation improve- 5329(d) of title 49. planning area— ‘‘(C) TIMING.—Each metropolitan planning or- ‘‘(A) shall encompass at least the existing ur- ment. ‘‘(3) RELATIONSHIP WITH OTHER PLANNING OF- ganization shall establish the performance tar- banized area and the contiguous area expected gets under subparagraph (B) not later than 180 to become urbanized within a 20-year forecast FICIALS.— ‘‘(A) IN GENERAL.—The Secretary shall en- days after the date on which the relevant State period for the transportation plan; and or provider of public transportation establishes ‘‘(B) may encompass the entire metropolitan courage each metropolitan planning organization to consult with officials responsible for the performance targets. statistical area or consolidated metropolitan sta- ‘‘(D) INTEGRATION OF OTHER PERFORMANCE- other types of planning activities that are af- tistical area, as defined by the Bureau of the BASED PLANS.—A metropolitan planning organi- fected by transportation in the area (including Census. zation shall integrate in the metropolitan trans- State and local planned growth, economic devel- ‘‘(3) IDENTIFICATION OF NEW URBANIZED AREAS portation planning process, directly or by ref- opment, environmental protection, airport oper- WITHIN EXISTING PLANNING AREA BOUNDARIES.— erence, the goals, objectives, performance meas- ations, and freight movements) or to coordinate The designation by the Bureau of the Census of ures, and targets described in other State trans- its planning process, to the maximum extent new urbanized areas within an existing metro- portation plans and transportation processes, as practicable, with such planning activities. politan planning area shall not require the re- well as any plans developed under chapter 53 of ‘‘(B) REQUIREMENTS.—Under the metropolitan designation of the existing metropolitan plan- title 49 by providers of public transportation, re- planning process, transportation plans and ning organization. quired as part of a performance-based program. ‘‘(4) EXISTING METROPOLITAN PLANNING AREAS TIPs shall be developed with due consideration ‘‘(3) FAILURE TO CONSIDER FACTORS.—The IN NONATTAINMENT.— of other related planning activities within the failure to consider any factor specified in para- ‘‘(A) IN GENERAL.—Notwithstanding para- metropolitan area, and the process shall provide graphs (1) and (2) shall not be reviewable by graph (2), except as provided in subparagraph for the design and delivery of transportation any court under this title or chapter 53 of title (B), in the case of an urbanized area designated services within the metropolitan area that are 49, subchapter II of chapter 5 of title 5, or chap- as a nonattainment area for ozone or carbon provided by— ter 7 of title 5 in any matter affecting a trans- monoxide under the Clean Air Act (42 U.S.C. ‘‘(i) recipients of assistance under chapter 53 portation plan, a TIP, a project or strategy, or 7401 et seq.) as of the date of enactment of the of title 49; the certification of a planning process. SAFETEA-LU, the boundaries of the metropoli- ‘‘(ii) governmental agencies and nonprofit or- ‘‘(i) DEVELOPMENT OF TRANSPORTATION tan planning area in existence as of such date ganizations (including representatives of the PLAN.— of enactment shall be retained. agencies and organizations) that receive Federal ‘‘(1) REQUIREMENTS.— ‘‘(B) EXCEPTION.—The boundaries described assistance from a source other than the Depart- ‘‘(A) IN GENERAL.—Each metropolitan plan- in subparagraph (A) may be adjusted by agreement of Transportation to provide non- ning organization shall prepare and update a ment of the Governor and affected metropolitan emergency transportation services; and transportation plan for its metropolitan plan- planning organizations in the manner described ‘‘(iii) recipients of assistance under section ning area in accordance with the requirements in subsection (d)(5). 204. of this subsection. ‘‘(5) NEW METROPOLITAN PLANNING AREAS IN ‘‘(h) SCOPE OF PLANNING PROCESS.— ‘‘(B) FREQUENCY.— NONATTAINMENT.—In the case of an urbanized ‘‘(1) IN GENERAL.—The metropolitan planning ‘‘(i) IN GENERAL.—The metropolitan planning area designated after the date of enactment of process for a metropolitan planning area under organization shall prepare and update such the SAFETEA-LU, as a nonattainment area for this section shall provide for consideration of plan every 4 years (or more frequently, if the ozone or carbon monoxide, the boundaries of the projects and strategies that will— metropolitan planning organization elects to up- metropolitan planning area— ‘‘(A) support the economic vitality of the met- date more frequently) in the case of each of the ‘‘(A) shall be established in the manner de- ropolitan area, especially by enabling global following: scribed in subsection (d)(1); competitiveness, productivity, and efficiency; ‘‘(I) Any area designated as nonattainment, ‘‘(B) shall encompass the areas described in ‘‘(B) increase the safety of the transportation as defined in section 107(d) of the Clean Air Act paragraph (2)(A); system for motorized and nonmotorized users; (42 U.S.C. 7407(d)).

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‘‘(II) Any area that was nonattainment and ‘‘(F) OPERATIONAL AND MANAGEMENT STRATE- ‘‘(i) shall be developed in consultation with subsequently designated to attainment in ac- GIES.—Operational and management strategies all interested parties; and cordance with section 107(d)(3) of that Act (42 to improve the performance of existing transpor- ‘‘(ii) shall provide that all interested parties U.S.C. 7407(d)(3)) and that is subject to a main- tation facilities to relieve vehicular congestion have reasonable opportunities to comment on tenance plan under section 175A of that Act (42 and maximize the safety and mobility of people the contents of the transportation plan. U.S.C. 7505a). and goods. ‘‘(C) METHODS.—In carrying out subpara- ‘‘(ii) OTHER AREAS.—In the case of any other ‘‘(G) CAPITAL INVESTMENT AND OTHER STRATE- graph (A), the metropolitan planning organiza- area required to have a transportation plan in GIES.—Capital investment and other strategies tion shall, to the maximum extent practicable— accordance with the requirements of this sub- to preserve the existing and projected future ‘‘(i) hold any public meetings at convenient section, the metropolitan planning organization metropolitan transportation infrastructure and and accessible locations and times; shall prepare and update such plan every 5 provide for multimodal capacity increases based ‘‘(ii) employ visualization techniques to de- years unless the metropolitan planning organi- on regional priorities and needs. scribe plans; and zation elects to update more frequently. ‘‘(H) TRANSPORTATION AND TRANSIT ENHANCE- ‘‘(iii) make public information available in ‘‘(2) TRANSPORTATION PLAN.—A transpor- MENT ACTIVITIES.—Proposed transportation and electronically accessible format and means, such tation plan under this section shall be in a form transit enhancement activities. as the World Wide Web, as appropriate to afford that the Secretary determines to be appropriate ‘‘(3) COORDINATION WITH CLEAN AIR ACT AGEN- reasonable opportunity for consideration of and shall contain, at a minimum, the following: CIES.—In metropolitan areas that are in non- public information under subparagraph (A). ‘‘(A) IDENTIFICATION OF TRANSPORTATION FA- attainment for ozone or carbon monoxide under ‘‘(7) PUBLICATION.—A transportation plan in- CILITIES.— the Clean Air Act (42 U.S.C. 7401 et seq.), the volving Federal participation shall be published ‘‘(i) IN GENERAL.—An identification of trans- metropolitan planning organization shall co- or otherwise made readily available by the met- portation facilities (including major roadways, ordinate the development of a transportation ropolitan planning organization for public re- transit, multimodal and intermodal facilities, plan with the process for development of the view, including (to the maximum extent prac- nonmotorized transportation facilities, and transportation control measures of the State im- ticable) in electronically accessible formats and intermodal connectors) that should function as plementation plan required by that Act. means, such as the World Wide Web, approved an integrated metropolitan transportation sys- ‘‘(4) OPTIONAL SCENARIO DEVELOPMENT.— by the metropolitan planning organization and tem, giving emphasis to those facilities that ‘‘(A) IN GENERAL.—A metropolitan planning submitted for information purposes to the Gov- serve important national and regional transpor- organization may, while fitting the needs and ernor at such times and in such manner as the tation functions. complexity of its community, voluntarily elect to Secretary shall establish. ‘‘(ii) FACTORS.—In formulating the transpor- develop multiple scenarios for consideration as ‘‘(8) SELECTION OF PROJECTS FROM ILLUS- tation plan, the metropolitan planning organi- part of the development of the metropolitan TRATIVE LIST.—Notwithstanding paragraph zation shall consider factors described in sub- transportation plan, in accordance with sub- (2)(C), a State or metropolitan planning organi- section (h) as the factors relate to a 20-year paragraph (B). zation shall not be required to select any project forecast period. ‘‘(B) RECOMMENDED COMPONENTS.—A metro- from the illustrative list of additional projects ‘‘(B) PERFORMANCE MEASURES AND TARGETS.— politan planning organization that chooses to included in the financial plan under paragraph A description of the performance measures and develop multiple scenarios under subparagraph (2)(C). performance targets used in assessing the per- (A) shall be encouraged to consider— ‘‘(j) METROPOLITAN TIP.— formance of the transportation system in ac- ‘‘(i) potential regional investment strategies ‘‘(1) DEVELOPMENT.— cordance with subsection (h)(2). for the planning horizon; ‘‘(A) IN GENERAL.—In cooperation with the ‘‘(C) SYSTEM PERFORMANCE REPORT.—A sys- ‘‘(ii) assumed distribution of population and State and any affected public transportation op- tem performance report and subsequent updates employment; erator, the metropolitan planning organization evaluating the condition and performance of the ‘‘(iii) a scenario that, to the maximum extent designated for a metropolitan area shall develop transportation system with respect to the per- practicable, maintains baseline conditions for a TIP for the metropolitan planning area that— formance targets described in subsection (h)(2), the performance measures identified in sub- ‘‘(i) contains projects consistent with the cur- including— section (h)(2); rent metropolitan transportation plan; ‘‘(i) progress achieved by the metropolitan ‘‘(iv) a scenario that improves the baseline ‘‘(ii) reflects the investment priorities estab- planning organization in meeting the perform- conditions for as many of the performance meas- lished in the current metropolitan transpor- ance targets in comparison with system perform- ures identified in subsection (h)(2) as possible; tation plan; and ance recorded in previous reports; and ‘‘(v) revenue constrained scenarios based on ‘‘(iii) once implemented, is designed to make ‘‘(ii) for metropolitan planning organizations the total revenues expected to be available over progress toward achieving the performance tar- that voluntarily elect to develop multiple sce- the forecast period of the plan; and gets established under subsection (h)(2). narios, an analysis of how the preferred sce- ‘‘(vi) estimated costs and potential revenues ‘‘(B) OPPORTUNITY FOR COMMENT.—In devel- nario has improved the conditions and perform- available to support each scenario. oping the TIP, the metropolitan planning orga- ance of the transportation system and how ‘‘(C) METRICS.—In addition to the perform- nization, in cooperation with the State and any changes in local policies and investments have ance measures identified in section 150(c), met- affected public transportation operator, shall impacted the costs necessary to achieve the ropolitan planning organizations may evaluate provide an opportunity for participation by in- identified performance targets. scenarios developed under this paragraph using terested parties in the development of the pro- ‘‘(D) MITIGATION ACTIVITIES.— locally-developed measures. gram, in accordance with subsection (i)(5). ‘‘(i) IN GENERAL.—A long-range transpor- ‘‘(5) CONSULTATION.— ‘‘(C) FUNDING ESTIMATES.—For the purpose of tation plan shall include a discussion of types of ‘‘(A) IN GENERAL.—In each metropolitan area, developing the TIP, the metropolitan planning potential environmental mitigation activities the metropolitan planning organization shall organization, public transportation agency, and and potential areas to carry out these activities, consult, as appropriate, with State and local State shall cooperatively develop estimates of including activities that may have the greatest agencies responsible for land use management, funds that are reasonably expected to be avail- potential to restore and maintain the environ- natural resources, environmental protection, able to support program implementation. mental functions affected by the plan. conservation, and historic preservation con- ‘‘(D) UPDATING AND APPROVAL.—The TIP ‘‘(ii) CONSULTATION.—The discussion shall be cerning the development of a long-range trans- shall be— developed in consultation with Federal, State, portation plan. ‘‘(i) updated at least once every 4 years; and and tribal wildlife, land management, and regu- ‘‘(B) ISSUES.—The consultation shall involve, ‘‘(ii) approved by the metropolitan planning latory agencies. as appropriate— organization and the Governor. ‘‘(E) FINANCIAL PLAN.— ‘‘(i) comparison of transportation plans with ‘‘(2) CONTENTS.— ‘‘(i) IN GENERAL.—A financial plan that— State conservation plans or maps, if available; ‘‘(A) PRIORITY LIST.—The TIP shall include a ‘‘(I) demonstrates how the adopted transpor- or priority list of proposed Federally supported tation plan can be implemented; ‘‘(ii) comparison of transportation plans to in- projects and strategies to be carried out within ‘‘(II) indicates resources from public and pri- ventories of natural or historic resources, if each 4-year period after the initial adoption of vate sources that are reasonably expected to be available. the TIP. made available to carry out the plan; and ‘‘(6) PARTICIPATION BY INTERESTED PARTIES.— ‘‘(B) FINANCIAL PLAN.—The TIP shall include ‘‘(III) recommends any additional financing ‘‘(A) IN GENERAL.—Each metropolitan plan- a financial plan that— strategies for needed projects and programs. ning organization shall provide citizens, af- ‘‘(i) demonstrates how the TIP can be imple- ‘‘(ii) INCLUSIONS.—The financial plan may infected public agencies, representatives of public mented; clude, for illustrative purposes, additional transportation employees, freight shippers, pro- ‘‘(ii) indicates resources from public and pri- projects that would be included in the adopted viders of freight transportation services, private vate sources that are reasonably expected to be transportation plan if reasonable additional re- providers of transportation, representatives of available to carry out the program; sources beyond those identified in the financial users of public transportation, representatives of ‘‘(iii) identifies innovative financing tech- plan were available. users of pedestrian walkways and bicycle trans- niques to finance projects, programs, and strate- ‘‘(iii) COOPERATIVE DEVELOPMENT.—For the portation facilities, representatives of the dis- gies; and purpose of developing the transportation plan, abled, and other interested parties with a rea- ‘‘(iv) may include, for illustrative purposes, the metropolitan planning organization, transit sonable opportunity to comment on the trans- additional projects that would be included in operator, and State shall cooperatively develop portation plan. the approved TIP if reasonable additional reestimates of funds that will be available to sup- ‘‘(B) CONTENTS OF PARTICIPATION PLAN.—A sources beyond those identified in the financial port plan implementation. participation plan— plan were available.

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‘‘(C) DESCRIPTIONS.—Each project in the TIP ‘‘(B) PUBLICATION OF ANNUAL LISTINGS OF politan planning organization and the Gov- shall include sufficient descriptive material PROJECTS.— ernor. (such as type of work, termini, length, and ‘‘(i) IN GENERAL.—An annual listing of ‘‘(C) EFFECT OF FAILURE TO CERTIFY.— other similar factors) to identify the project or projects, including investments in pedestrian ‘‘(i) WITHHOLDING OF PROJECT FUNDS.—If a phase of the project. walkways and bicycle transportation facilities, metropolitan planning process of a metropolitan ‘‘(D) PERFORMANCE TARGET ACHIEVEMENT.— for which Federal funds have been obligated in planning organization serving a transportation The transportation improvement program shall the preceding year shall be published or other- management area is not certified, the Secretary include, to the maximum extent practicable, a wise made available by the cooperative effort of may withhold up to 20 percent of the funds at- description of the anticipated effect of the trans- the State, transit operator, and metropolitan tributable to the metropolitan planning area of portation improvement program toward achiev- planning organization for public review. the metropolitan planning organization for ing the performance targets established in the ‘‘(ii) REQUIREMENT.—The listing shall be con- projects funded under this title and chapter 53 metropolitan transportation plan, linking in- sistent with the categories identified in the TIP. of title 49. vestment priorities to those performance targets. ‘‘(k) TRANSPORTATION MANAGEMENT AREAS.— ‘‘(ii) RESTORATION OF WITHHELD FUNDS.—The ‘‘(3) INCLUDED PROJECTS.— ‘‘(1) IDENTIFICATION AND DESIGNATION.— withheld funds shall be restored to the metro- ‘‘(A) PROJECTS UNDER THIS TITLE AND CHAPTER ‘‘(A) REQUIRED IDENTIFICATION.—The Sec- politan planning area at such time as the metro- 53 OF TITLE 49.—A TIP developed under this sub- retary shall identify as a transportation man- politan planning process is certified by the Sec- section for a metropolitan area shall include the agement area each urbanized area (as defined retary. projects within the area that are proposed for by the Bureau of the Census) with a population ‘‘(D) REVIEW OF CERTIFICATION.—In making funding under chapter 1 of this title and chap- of over 200,000 individuals. certification determinations under this para- ter 53 of title 49. ‘‘(B) DESIGNATIONS ON REQUEST.—The Sec- graph, the Secretary shall provide for public in- ‘‘(B) PROJECTS UNDER CHAPTER 2.— retary shall designate any additional area as a volvement appropriate to the metropolitan area ‘‘(i) REGIONALLY SIGNIFICANT PROJECTS.—Re- transportation management area on the request under review. gionally significant projects proposed for fund- of the Governor and the metropolitan planning ‘‘(l) REPORT ON PERFORMANCE-BASED PLAN- ing under chapter 2 shall be identified individ- organization designated for the area. NING PROCESSES.— ually in the transportation improvement pro- ‘‘(2) TRANSPORTATION PLANS.—In a transpor- ‘‘(1) IN GENERAL.—The Secretary shall submit gram. tation management area, transportation plans to Congress a report on the effectiveness of the ‘‘(ii) OTHER PROJECTS.—Projects proposed for shall be based on a continuing and comprehen- performance-based planning processes of metro- funding under chapter 2 that are not deter- sive transportation planning process carried out politan planning organizations under this sec- mined to be regionally significant shall be by the metropolitan planning organization in tion, taking into consideration the requirements grouped in 1 line item or identified individually cooperation with the State and public transpor- of this subsection in the transportation improvement program. tation operators. ‘‘(2) REPORT.—Not later than 5 years after the ‘‘(C) CONSISTENCY WITH LONG-RANGE TRANS- ‘‘(3) CONGESTION MANAGEMENT PROCESS.— date of enactment of the MAP–21, the Secretary PORTATION PLAN.—Each project shall be con- ‘‘(A) IN GENERAL.—Within a metropolitan shall submit to Congress a report evaluating— sistent with the long-range transportation plan planning area serving a transportation manage- ‘‘(A) the overall effectiveness of performance- developed under subsection (i) for the area. ment area, the transportation planning process based planning as a tool for guiding transpor- ‘‘(D) REQUIREMENT OF ANTICIPATED FULL under this section shall address congestion man- tation investments; FUNDING.—The program shall include a project, agement through a process that provides for ef- ‘‘(B) the effectiveness of the performance- or an identified phase of a project, only if full fective management and operation, based on a based planning process of each metropolitan funding can reasonably be anticipated to be cooperatively developed and implemented metro- planning organization under this section; available for the project or the identified phase politan-wide strategy, of new and existing ‘‘(C) the extent to which metropolitan plan- within the time period contemplated for comple- transportation facilities eligible for funding ning organizations have achieved, or are cur- tion of the project or the identified phase. under this title and chapter 53 of title 49 rently making substantial progress toward ‘‘(4) NOTICE AND COMMENT.—Before approving through the use of travel demand reduction and achieving, the performance targets specified a TIP, a metropolitan planning organization, in operational management strategies. under this section and whether metropolitan cooperation with the State and any affected ‘‘(B) SCHEDULE.—The Secretary shall estab- planning organizations are developing meaning- public transportation operator, shall provide an lish an appropriate phase-in schedule for com- ful performance targets; and opportunity for participation by interested par- pliance with the requirements of this section but ‘‘(D) the technical capacity of metropolitan ties in the development of the program, in ac- no sooner than 1 year after the identification of planning organizations that operate within a cordance with subsection (i)(5). a transportation management area. metropolitan planning area of less than 200,000 ‘‘(5) SELECTION OF PROJECTS.— ‘‘(4) SELECTION OF PROJECTS.— and their ability to carry out the requirements ‘‘(A) IN GENERAL.—Except as otherwise pro- ‘‘(A) IN GENERAL.—All Federally funded of this section. vided in subsection (k)(4) and in addition to the projects carried out within the boundaries of a ‘‘(3) PUBLICATION.—The report under para- TIP development required under paragraph (1), metropolitan planning area serving a transpor- graph (2) shall be published or otherwise made the selection of Federally funded projects in tation management area under this title (exclud- available in electronically accessible formats metropolitan areas shall be carried out, from the ing projects carried out on the National High- and means, including on the Internet. approved TIP— way System) or under chapter 53 of title 49 shall ‘‘(m) ABBREVIATED PLANS FOR CERTAIN ‘‘(i) by— be selected for implementation from the ap- AREAS.— ‘‘(I) in the case of projects under this title, the proved TIP by the metropolitan planning orga- ‘‘(1) IN GENERAL.—Subject to paragraph (2), in State; and nization designated for the area in consultation the case of a metropolitan area not designated ‘‘(II) in the case of projects under chapter 53 with the State and any affected public transpor- as a transportation management area under this of title 49, the designated recipients of public tation operator. section, the Secretary may provide for the devel- transportation funding; and ‘‘(B) NATIONAL HIGHWAY SYSTEM PROJECTS.— opment of an abbreviated transportation plan ‘‘(ii) in cooperation with the metropolitan Projects carried out within the boundaries of a and TIP for the metropolitan planning area planning organization. metropolitan planning area serving a transpor- that the Secretary determines is appropriate to ‘‘(B) MODIFICATIONS TO PROJECT PRIORITY.— tation management area on the National High- achieve the purposes of this section, taking into Notwithstanding any other provision of law, ac- way System shall be selected for implementation account the complexity of transportation prob- tion by the Secretary shall not be required to from the approved TIP by the State in coopera- lems in the area. advance a project included in the approved TIP tion with the metropolitan planning organiza- ‘‘(2) NONATTAINMENT AREAS.—The Secretary in place of another project in the program. tion designated for the area. may not permit abbreviated plans or TIPs for a ‘‘(6) SELECTION OF PROJECTS FROM ILLUS- ‘‘(5) CERTIFICATION.— metropolitan area that is in nonattainment for TRATIVE LIST.— ‘‘(A) IN GENERAL.—The Secretary shall— ozone or carbon monoxide under the Clean Air ‘‘(A) NO REQUIRED SELECTION.—Notwith- ‘‘(i) ensure that the metropolitan planning Act (42 U.S.C. 7401 et seq.). standing paragraph (2)(B)(iv), a State or metro- process of a metropolitan planning organization ‘‘(n) ADDITIONAL REQUIREMENTS FOR CERTAIN politan planning organization shall not be reserving a transportation management area is NONATTAINMENT AREAS.— quired to select any project from the illustrative being carried out in accordance with applicable ‘‘(1) IN GENERAL.—Notwithstanding any other list of additional projects included in the finan- provisions of Federal law; and provisions of this title or chapter 53 of title, for cial plan under paragraph (2)(B)(iv). ‘‘(ii) subject to subparagraph (B), certify, not transportation management areas classified as ‘‘(B) REQUIRED ACTION BY THE SECRETARY.— less often than once every 4 years, that the re- nonattainment for ozone or carbon monoxide Action by the Secretary shall be required for a quirements of this paragraph are met with re- pursuant to the Clean Air Act (42 U.S.C. 7401 et State or metropolitan planning organization to spect to the metropolitan planning process. seq.), Federal funds may not be advanced in select any project from the illustrative list of ad- ‘‘(B) REQUIREMENTS FOR CERTIFICATION.—The such area for any highway project that will re- ditional projects included in the financial plan Secretary may make the certification under sub- sult in a significant increase in the carrying ca- under paragraph (2)(B)(iv) for inclusion in an paragraph (A) if— pacity for single-occupant vehicles unless the approved TIP. ‘‘(i) the transportation planning process com- project is addressed through a congestion man- ‘‘(7) PUBLICATION.— plies with the requirements of this section and agement process. ‘‘(A) PUBLICATION OF TIPS.—A TIP involving other applicable requirements of Federal law; ‘‘(2) APPLICABILITY.—This subsection applies Federal participation shall be published or oth- and to a nonattainment area within the metropoli- erwise made readily available by the metropoli- ‘‘(ii) there is a TIP for the metropolitan plan- tan planning area boundaries determined under tan planning organization for public review. ning area that has been approved by the metro- subsection (e).

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‘‘(o) LIMITATION ON STATUTORY CONSTRUC- flict with any law of the United States, for co- programs, and investment priorities reflected in TION.—Nothing in this section shall be con- operative efforts and mutual assistance in sup- the statewide transportation plan and statewide strued to confer on a metropolitan planning or- port of activities authorized under this section transportation improvement program. ganization the authority to impose legal require- related to interstate areas and localities in the ‘‘(3) FAILURE TO CONSIDER FACTORS.—The ments on any transportation facility, provider, States and establishing authorities the States failure to take into consideration the factors or project not eligible under this title or chapter consider desirable for making the agreements specified in paragraphs (1) and (2) shall not be 53 of title 49. and compacts effective. subject to review by any court under this title, ‘‘(p) FUNDING.—Funds set aside under section ‘‘(2) RESERVATION OF RIGHTS.—The right to chapter 53 of title 49, subchapter II of chapter 5 104(f) of this title or section 5305(g) of title 49 alter, amend, or repeal interstate compacts en- of title 5, or chapter 7 of title 5 in any matter af- shall be available to carry out this section. tered into under this subsection is expressly re- fecting a statewide transportation plan, a state- ‘‘(q) CONTINUATION OF CURRENT REVIEW served. wide transportation improvement program, a PRACTICE.—Since plans and TIPs described in ‘‘(d) SCOPE OF PLANNING PROCESS.— project or strategy, or the certification of a this section are subject to a reasonable oppor- ‘‘(1) IN GENERAL.—Each State shall carry out planning process. tunity for public comment, since individual a statewide transportation planning process ‘‘(e) ADDITIONAL REQUIREMENTS.—In carrying projects included in plans and TIPs are subject that provides for consideration and implementa- out planning under this section, each State to review under the National Environmental tion of projects, strategies, and services that shall, at a minimum— Policy Act of 1969 (42 U.S.C. 4321 et seq.), and will— ‘‘(1) with respect to nonmetropolitan areas, since decisions by the Secretary concerning ‘‘(A) support the economic vitality of the cooperate with affected local officials with re- plans and TIPs described in this section have United States, the States, nonmetropolitan sponsibility for transportation or, if applicable, not been reviewed under that Act as of January areas, and metropolitan areas, especially by en- through regional transportation planning orga- 1, 1997, any decision by the Secretary con- abling global competitiveness, productivity, and nizations described in subsection (m); cerning a plan or TIP described in this section efficiency; ‘‘(2) consider the concerns of Indian tribal shall not be considered to be a Federal action ‘‘(B) increase the safety of the transportation governments and Federal land management subject to review under that Act.’’. system for motorized and nonmotorized users; agencies that have jurisdiction over land within (b) STUDY ON METROPOLITAN PLANNING SCE- ‘‘(C) increase the security of the transpor- the boundaries of the State; and NARIO DEVELOPMENT.— tation system for motorized and nonmotorized ‘‘(3) consider coordination of transportation (1) IN GENERAL.—The Secretary shall evaluate users; plans, the transportation improvement program, the costs and benefits associated with metropoli- ‘‘(D) increase the accessibility and mobility of and planning activities with related planning tan planning organizations developing multiple people and freight; activities being carried out outside of metropoli- scenarios for consideration as a part of the de- ‘‘(E) protect and enhance the environment, tan planning areas and between States. velopment of their metropolitan transportation promote energy conservation, improve the qual- ‘‘(f) LONG-RANGE STATEWIDE TRANSPORTATION plan. ity of life, and promote consistency between PLAN.— (2) INCLUSIONS.—The evaluation shall include transportation improvements and State and ‘‘(1) DEVELOPMENT.—Each State shall develop an analysis of the technical and financial ca- local planned growth and economic development a long-range statewide transportation plan, pacity of the metropolitan planning organiza- patterns; with a minimum 20-year forecast period for all tion needed to develop scenarios described in ‘‘(F) enhance the integration and connectivity areas of the State, that provides for the develop- paragraph (1). of the transportation system, across and be- ment and implementation of the intermodal SEC. 1202. STATEWIDE AND NONMETROPOLITAN tween modes throughout the State, for people transportation system of the State. TRANSPORTATION PLANNING. and freight; ‘‘(2) CONSULTATION WITH GOVERNMENTS.— (a) IN GENERAL.—Section 135 of title 23, ‘‘(G) promote efficient system management ‘‘(A) METROPOLITAN AREAS.—The statewide United States Code, is amended to read as fol- and operation; and transportation plan shall be developed for each lows: ‘‘(H) emphasize the preservation of the exist- metropolitan area in the State in cooperation ing transportation system. with the metropolitan planning organization ‘‘§ 135. Statewide and nonmetropolitan trans- ‘‘(2) PERFORMANCE-BASED APPROACH.— designated for the metropolitan area under sec- portation planning ‘‘(A) IN GENERAL.—The statewide transpor- tion 134. ‘‘(a) GENERAL REQUIREMENTS.— tation planning process shall provide for the es- ‘‘(B) NONMETROPOLITAN AREAS.— ‘‘(1) DEVELOPMENT OF PLANS AND PRO- tablishment and use of a performance-based ap- ‘‘(i) IN GENERAL.—With respect to nonmetro- GRAMS.—Subject to section 134, to accomplish proach to transportation decisionmaking to sup- politan areas, the statewide transportation plan the objectives stated in section 134(a), each State port the national goals described in section shall be developed in cooperation with affected shall develop a statewide transportation plan 150(b) of this title and in section 5301(c) of title nonmetropolitan officials with responsibility for and a statewide transportation improvement 49. transportation or, if applicable, through reprogram for all areas of the State. ‘‘(B) PERFORMANCE TARGETS.— gional transportation planning organizations ‘‘(2) CONTENTS.—The statewide transportation ‘‘(i) SURFACE TRANSPORTATION PERFORMANCE described in subsection (m). plan and the transportation improvement pro- TARGETS.— ‘‘(ii) ROLE OF SECRETARY.—The Secretary gram developed for each State shall provide for ‘‘(I) IN GENERAL.—Each State shall establish shall not review or approve the consultation the development and integrated management performance targets that address the perform- process in each State. and operation of transportation systems and fa- ance measures described in section 150(c), where ‘‘(C) INDIAN TRIBAL AREAS.—With respect to cilities (including accessible pedestrian walk- applicable, to use in tracking progress towards each area of the State under the jurisdiction of ways and bicycle transportation facilities) that attainment of critical outcomes for the State. an Indian tribal government, the statewide will function as an intermodal transportation ‘‘(II) COORDINATION.—Selection of perform- transportation plan shall be developed in con- system for the State and an integral part of an ance targets by a State shall be coordinated sultation with the tribal government and the intermodal transportation system for the United with the relevant metropolitan planning organi- Secretary of the Interior. States. zations to ensure consistency, to the maximum ‘‘(D) CONSULTATION, COMPARISON, AND CON- ‘‘(3) PROCESS OF DEVELOPMENT.—The process extent practicable. SIDERATION.— for developing the statewide plan and the trans- ‘‘(ii) PUBLIC TRANSPORTATION PERFORMANCE ‘‘(i) IN GENERAL.—The long-range transpor- portation improvement program shall provide TARGETS.—In urbanized areas not represented tation plan shall be developed, as appropriate, for consideration of all modes of transportation by a metropolitan planning organization, selec- in consultation with State, tribal, and local and the policies stated in section 134(a) and tion of performance targets by a State shall be agencies responsible for land use management, shall be continuing, cooperative, and com- coordinated, to the maximum extent practicable, natural resources, environmental protection, prehensive to the degree appropriate, based on with providers of public transportation to en- conservation, and historic preservation. the complexity of the transportation problems to sure consistency with sections 5326(c) and ‘‘(ii) COMPARISON AND CONSIDERATION.—Con- be addressed. 5329(d) of title 49. sultation under clause (i) shall involve compari- ‘‘(b) COORDINATION WITH METROPOLITAN ‘‘(C) INTEGRATION OF OTHER PERFORMANCE- son of transportation plans to State and tribal PLANNING; STATE IMPLEMENTATION PLAN.—A BASED PLANS.—A State shall integrate into the conservation plans or maps, if available, and State shall— statewide transportation planning process, di- comparison of transportation plans to inven- ‘‘(1) coordinate planning carried out under rectly or by reference, the goals, objectives, per- tories of natural or historic resources, if avail- this section with the transportation planning formance measures, and targets described in this able. activities carried out under section 134 for met- paragraph, in other State transportation plans ‘‘(3) PARTICIPATION BY INTERESTED PARTIES.— ropolitan areas of the State and with statewide and transportation processes, as well as any ‘‘(A) IN GENERAL.—In developing the state- trade and economic development planning ac- plans developed pursuant to chapter 53 of title wide transportation plan, the State shall pro- tivities and related multistate planning efforts; 49 by providers of public transportation in ur- vide to— and banized areas not represented by a metropolitan ‘‘(i) nonmetropolitan local elected officials or, ‘‘(2) develop the transportation portion of the planning organization required as part of a per- if applicable, through regional transportation State implementation plan as required by the formance-based program. planning organizations described in subsection Clean Air Act (42 U.S.C. 7401 et seq.). ‘‘(D) USE OF PERFORMANCE MEASURES AND (m), an opportunity to participate in accordance ‘‘(c) INTERSTATE AGREEMENTS.— TARGETS.—The performance measures and tar- with subparagraph (B)(i); and ‘‘(1) IN GENERAL.—Two or more States may gets established under this paragraph shall be ‘‘(ii) citizens, affected public agencies, rep- enter into agreements or compacts, not in con- considered by a State when developing policies, resentatives of public transportation employees,

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freight shippers, private providers of transpor- ‘‘(B) DURATION AND UPDATING OF PROGRAM.— under the Clean Air Act (42 U.S.C. 7401 et seq.), tation, representatives of users of public trans- Each program developed under subparagraph if the project is carried out in an area des- portation, representatives of users of pedestrian (A) shall cover a period of 4 years and shall be ignated as a nonattainment area for ozone, par- walkways and bicycle transportation facilities, updated every 4 years or more frequently if the ticulate matter, or carbon monoxide under part representatives of the disabled, providers of Governor of the State elects to update more fre- D of title I of that Act (42 U.S.C. 7501 et seq.). freight transportation services, and other inter- quently. ‘‘(E) REQUIREMENT OF ANTICIPATED FULL ested parties a reasonable opportunity to com- ‘‘(2) CONSULTATION WITH GOVERNMENTS.— FUNDING.—The transportation improvement pro- ment on the proposed plan. ‘‘(A) METROPOLITAN AREAS.—With respect to gram shall include a project, or an identified ‘‘(B) METHODS.—In carrying out subpara- each metropolitan area in the State, the pro- phase of a project, only if full funding can rea- graph (A), the State shall, to the maximum ex- gram shall be developed in cooperation with the sonably be anticipated to be available for the tent practicable— metropolitan planning organization designated project within the time period contemplated for ‘‘(i) develop and document a consultative for the metropolitan area under section 134. completion of the project. process to carry out subparagraph (A)(i) that is ‘‘(B) NONMETROPOLITAN AREAS.— ‘‘(F) FINANCIAL PLAN.— separate and discrete from the public involve- ‘‘(i) IN GENERAL.—With respect to each non- ‘‘(i) IN GENERAL.—The transportation im- ment process developed under clause (ii); metropolitan area in the State, the program provement program may include a financial ‘‘(ii) hold any public meetings at convenient shall be developed in consultation with affected plan that demonstrates how the approved trans- and accessible locations and times; nonmetropolitan local officials with responsi- portation improvement program can be imple- ‘‘(iii) employ visualization techniques to de- bility for transportation or, if applicable, mented, indicates resources from public and pri- scribe plans; and through regional transportation planning orga- vate sources that are reasonably expected to be ‘‘(iv) make public information available in nizations described in subsection (m). made available to carry out the transportation electronically accessible format and means, such ‘‘(ii) ROLE OF SECRETARY.—The Secretary improvement program, and recommends any ad- as the World Wide Web, as appropriate to afford shall not review or approve the specific conditional financing strategies for needed projects reasonable opportunity for consideration of sultation process in the State. and programs. public information under subparagraph (A). ‘‘(ii) ADDITIONAL PROJECTS.—The financial ‘‘(C) INDIAN TRIBAL AREAS.—With respect to ‘‘(4) MITIGATION ACTIVITIES.— each area of the State under the jurisdiction of plan may include, for illustrative purposes, ad- ‘‘(A) IN GENERAL.—A long-range transpor- ditional projects that would be included in the an Indian tribal government, the program shall tation plan shall include a discussion of poten- adopted transportation plan if reasonable addi- be developed in consultation with the tribal gov- tial environmental mitigation activities and po- tional resources beyond those identified in the ernment and the Secretary of the Interior. tential areas to carry out these activities, in- financial plan were available. ‘‘(3) PARTICIPATION BY INTERESTED PARTIES.— cluding activities that may have the greatest po- ‘‘(G) SELECTION OF PROJECTS FROM ILLUS- In developing the program, the State shall pro- tential to restore and maintain the environ- TRATIVE LIST.— mental functions affected by the plan. vide citizens, affected public agencies, represent- ‘‘(i) NO REQUIRED SELECTION.—Notwith- ‘‘(B) CONSULTATION.—The discussion shall be atives of public transportation employees, standing subparagraph (F), a State shall not be developed in consultation with Federal, State, freight shippers, private providers of transpor- required to select any project from the illus- and tribal wildlife, land management, and regu- tation, providers of freight transportation serv- trative list of additional projects included in the latory agencies. ices, representatives of users of public transpor- financial plan under subparagraph (F). ‘‘(5) FINANCIAL PLAN.—The statewide trans- tation, representatives of users of pedestrian ‘‘(ii) REQUIRED ACTION BY THE SECRETARY.— portation plan may include— walkways and bicycle transportation facilities, Action by the Secretary shall be required for a ‘‘(A) a financial plan that— representatives of the disabled, and other inter- State to select any project from the illustrative ‘‘(i) demonstrates how the adopted statewide ested parties with a reasonable opportunity to list of additional projects included in the finan- transportation plan can be implemented; comment on the proposed program. cial plan under subparagraph (F) for inclusion ‘‘(ii) indicates resources from public and pri- ‘‘(4) PERFORMANCE TARGET ACHIEVEMENT.—A in an approved transportation improvement pro- vate sources that are reasonably expected to be statewide transportation improvement program gram. made available to carry out the plan; and shall include, to the maximum extent prac- ‘‘(H) PRIORITIES.—The transportation im- ‘‘(iii) recommends any additional financing ticable, a discussion of the anticipated effect of provement program shall reflect the priorities for strategies for needed projects and programs; and the statewide transportation improvement pro- ‘‘(B) for illustrative purposes, additional programming and expenditures of funds, includ- gram toward achieving the performance targets projects that would be included in the adopted ing transportation enhancement activities, re- established in the statewide transportation plan, statewide transportation plan if reasonable ad- quired by this title and chapter 53 of title 49. linking investment priorities to those perform- ditional resources beyond those identified in the ‘‘(6) PROJECT SELECTION FOR AREAS OF LESS ance targets. financial plan were available. THAN 50,000 POPULATION.— ‘‘(5) INCLUDED PROJECTS.— ‘‘(A) IN GENERAL.—Projects carried out in ‘‘(6) SELECTION OF PROJECTS FROM ILLUS- ‘‘(A) IN GENERAL.—A transportation improve- areas with populations of less than 50,000 indi- TRATIVE LIST.—A State shall not be required to select any project from the illustrative list of ad- ment program developed under this subsection viduals shall be selected, from the approved ditional projects included in the financial plan for a State shall include Federally supported transportation improvement program (excluding described in paragraph (5). surface transportation expenditures within the projects carried out on the National Highway ‘‘(7) PERFORMANCE-BASED APPROACH.—The boundaries of the State. System and projects carried out under the bridge statewide transportation plan should include— ‘‘(B) LISTING OF PROJECTS.— program or the Interstate maintenance program ‘‘(A) a description of the performance meas- ‘‘(i) IN GENERAL.—An annual listing of under this title or under sections 5310 and 5311 ures and performance targets used in assessing projects for which funds have been obligated for of title 49), by the State in cooperation with the the performance of the transportation system in the preceding year in each metropolitan plan- affected nonmetropolitan local officials with re- accordance with subsection (d)(2); and ning area shall be published or otherwise made sponsibility for transportation or, if applicable, ‘‘(B) a system performance report and subse- available by the cooperative effort of the State, through regional transportation planning orga- quent updates evaluating the condition and per- transit operator, and the metropolitan planning nizations described in subsection (m). formance of the transportation system with reorganization for public review. ‘‘(B) OTHER PROJECTS.—Projects carried out spect to the performance targets described in ‘‘(ii) FUNDING CATEGORIES.—The listing de- in areas with populations of less than 50,000 in- subsection (d)(2), including progress achieved by scribed in clause (i) shall be consistent with the dividuals on the National Highway System or the metropolitan planning organization in meet- funding categories identified in each metropoli- under the bridge program or the Interstate ing the performance targets in comparison with tan transportation improvement program. maintenance program under this title or under system performance recorded in previous re- ‘‘(C) PROJECTS UNDER CHAPTER 2.— sections 5310, 5311, 5316, and 5317 of title 49 ports; ‘‘(i) REGIONALLY SIGNIFICANT PROJECTS.—Re- shall be selected, from the approved statewide ‘‘(8) EXISTING SYSTEM.—The statewide trans- gionally significant projects proposed for fund- transportation improvement program, by the portation plan should include capital, oper- ing under chapter 2 shall be identified individ- State in consultation with the affected non- ations and management strategies, investments, ually in the transportation improvement pro- metropolitan local officials with responsibility procedures, and other measures to ensure the gram. for transportation. preservation and most efficient use of the exist- ‘‘(ii) OTHER PROJECTS.—Projects proposed for ‘‘(7) TRANSPORTATION IMPROVEMENT PROGRAM ing transportation system. funding under chapter 2 that are not deter- APPROVAL.—Every 4 years, a transportation im- ‘‘(9) PUBLICATION OF LONG-RANGE TRANSPOR- mined to be regionally significant shall be provement program developed under this sub- TATION PLANS.—Each long-range transportation grouped in 1 line item or identified individually section shall be reviewed and approved by the plan prepared by a State shall be published or in the transportation improvement program. Secretary if based on a current planning find- otherwise made available, including (to the ‘‘(D) CONSISTENCY WITH STATEWIDE TRANSPOR- ing. maximum extent practicable) in electronically TATION PLAN.—Each project shall be— ‘‘(8) PLANNING FINDING.—A finding shall be accessible formats and means, such as the World ‘‘(i) consistent with the statewide transpor- made by the Secretary at least every 4 years Wide Web. tation plan developed under this section for the that the transportation planning process ‘‘(g) STATEWIDE TRANSPORTATION IMPROVE- State; through which statewide transportation plans MENT PROGRAM.— ‘‘(ii) identical to the project or phase of the and programs are developed is consistent with ‘‘(1) DEVELOPMENT.— project as described in an approved metropolitan this section and section 134. ‘‘(A) IN GENERAL.—Each State shall develop a transportation plan; and ‘‘(9) MODIFICATIONS TO PROJECT PRIORITY.— statewide transportation improvement program ‘‘(iii) in conformance with the applicable Notwithstanding any other provision of law, ac- for all areas of the State. State air quality implementation plan developed tion by the Secretary shall not be required to

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and teer for such organization. ficiency of the surface transportation system. ‘‘(ii) provides reports allowing the public to ‘‘(3) REQUIREMENTS.—A regional transpor- ‘‘(5) FREIGHT MOVEMENT AND ECONOMIC VI- access the information being collected in a for- tation planning organization shall establish, at TALITY.—To improve the national freight net- mat that allows the public to meaningfully as- a minimum— work, strengthen the ability of rural commu- sess the performance of the State. ‘‘(A) a policy committee, the majority of which nities to access national and international trade ‘‘(2) REPORT.— shall consist of nonmetropolitan local officials, markets, and support regional economic devel- ‘‘(A) IN GENERAL.—Not later than 5 years or their designees, and, as appropriate, addi- opment. after the date of enactment of the MAP–21, the tional representatives from the State, private ‘‘(6) ENVIRONMENTAL SUSTAINABILITY.—To en- Secretary shall submit to Congress a report eval- business, transportation service providers, eco- hance the performance of the transportation uating— nomic development practitioners, and the public system while protecting and enhancing the nat- ‘‘(i) the overall effectiveness of performance- in the region; and ural environment. based planning as a tool for guiding transpor- ‘‘(B) a fiscal and administrative agent, such ‘‘(7) REDUCED PROJECT DELIVERY DELAYS.—To tation investments; and as an existing regional planning and develop- reduce project costs, promote jobs and the econ- ‘‘(ii) the effectiveness of the performance- ment organization, to provide professional plan- omy, and expedite the movement of people and based planning process of each State. ning, management, and administrative support. goods by accelerating project completion ‘‘(B) PUBLICATION.—The report under sub- ‘‘(4) DUTIES.—The duties of a regional trans- through eliminating delays in the project devel- paragraph (A) shall be published or otherwise portation planning organization shall include— opment and delivery process, including reducing made available in electronically accessible for- ‘‘(A) developing and maintaining, in coopera- regulatory burdens and improving agencies’ mats and means, including on the Internet. tion with the State, regional long-range work practices. ‘‘(i) FUNDING.—Funds apportioned under sec- multimodal transportation plans; ‘‘(c) ESTABLISHMENT OF PERFORMANCE MEAS- tion 104(b)(5) of this title and set aside under ‘‘(B) developing a regional transportation im- URES.— section 5305(g) of title 49 shall be available to provement program for consideration by the ‘‘(1) IN GENERAL.—Not later than 18 months carry out this section. State; after the date of enactment of the MAP–21, the ‘‘(j) TREATMENT OF CERTAIN STATE LAWS AS ‘‘(C) fostering the coordination of local plan- Secretary, in consultation with State depart- CONGESTION MANAGEMENT PROCESSES.—For ning, land use, and economic development plans ments of transportation, metropolitan planning purposes of this section and section 134, and with State, regional, and local transportation organizations, and other stakeholders, shall sections 5303 and 5304 of title 49, State laws, plans and programs; promulgate a rulemaking that establishes per- rules, or regulations pertaining to congestion ‘‘(D) providing technical assistance to local formance measures and standards. management systems or programs may constitute officials; ‘‘(2) ADMINISTRATION.—In carrying out para- the congestion management process under this ‘‘(E) participating in national, multistate, and graph (1), the Secretary shall— section and section 134, and sections 5303 and State policy and planning development proc- ‘‘(A) provide States, metropolitan planning or- 5304 of title 49, if the Secretary finds that the esses to ensure the regional and local input of ganizations, and other stakeholders not less State laws, rules, or regulations are consistent nonmetropolitan areas; than 90 days to comment on any regulation pro- with, and fulfill the intent of, the purposes of ‘‘(F) providing a forum for public participa- posed by the Secretary under that paragraph; this section and section 134 and sections 5303 tion in the statewide and regional transpor- ‘‘(B) take into consideration any comments re- and 5304 of title 49, as appropriate. tation planning processes; lating to a proposed regulation received during ‘‘(k) CONTINUATION OF CURRENT REVIEW ‘‘(G) considering and sharing plans and pro- that comment period; and PRACTICE.—Since the statewide transportation grams with neighboring regional transportation ‘‘(C) limit performance measures only to those plan and the transportation improvement pro- planning organizations, metropolitan planning described in this subsection. gram described in this section are subject to a organizations, and, where appropriate, tribal ‘‘(3) NATIONAL HIGHWAY PERFORMANCE PRO- reasonable opportunity for public comment, organizations; and GRAM.— since individual projects included in the state- ‘‘(H) conducting other duties, as necessary, to ‘‘(A) IN GENERAL.—Subject to subparagraph wide transportation plans and the transpor- support and enhance the statewide planning (B), for the purpose of carrying out section 119, tation improvement program are subject to re- process under subsection (d). the Secretary shall establish — view under the National Environmental Policy ‘‘(5) STATES WITHOUT REGIONAL TRANSPOR- ‘‘(i) minimum standards for States to use in Act of 1969 (42 U.S.C. 4321 et seq.), and since de- TATION PLANNING ORGANIZATIONS.—If a State developing and operating bridge and pavement cisions by the Secretary concerning statewide chooses not to establish or designate a regional management systems; transportation plans or the transportation im- transportation planning organization, the State ‘‘(ii) measures for States to use to assess— provement program described in this section shall consult with affected nonmetropolitan ‘‘(I) the condition of pavements on the Inter- have not been reviewed under that Act as of local officials to determine projects that may be state system; January 1, 1997, any decision by the Secretary of regional significance.’’. ‘‘(II) the condition of pavements on the Na- concerning a metropolitan or statewide trans- (b) CONFORMING AMENDMENT.—The analysis tional Highway System (excluding the Inter- portation plan or the transportation improve- for chapter 1 of title 23, United States Code, is state); ment program described in this section shall not amended by striking the item relating to section ‘‘(III) the condition of bridges on the National be considered to be a Federal action subject to 135 and inserting the following: Highway System; review under the National Environmental Policy ‘‘135. Statewide and nonmetropolitan transpor- ‘‘(IV) the performance of the Interstate Sys- Act of 1969 (42 U.S.C. 4321 et seq.). tation planning.’’. tem; and ‘‘(l) SCHEDULE FOR IMPLEMENTATION.—The ‘‘(V) the performance of the National High- Secretary shall issue guidance on a schedule for SEC. 1203. NATIONAL GOALS AND PERFORMANCE way System (excluding the Interstate System); MANAGEMENT MEASURES. implementation of the changes made by this sec- ‘‘(iii) minimum levels for the condition of (a) IN GENERAL.—Section 150 of title 23, tion, taking into consideration the established pavement on the Interstate System, only for the United States Code, is amended to read as fol- planning update cycle for States. The Secretary purposes of carrying out section 119(f)(1); and lows: shall not require a State to deviate from its es- ‘‘(iv) the data elements that are necessary to tablished planning update cycle to implement ‘‘§ 150. National goals and performance man- collect and maintain standardized data to carry changes made by this section. States shall re- agement measures out a performance-based approach. flect changes made to their transportation plan ‘‘(a) DECLARATION OF POLICY.—Performance ‘‘(B) REGIONS.—In establishing minimum con- or transportation improvement program updates management will transform the Federal-aid dition levels under subparagraph (A)(iii), if the

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Secretary determines that various geographic re- (b) PROJECT DELIVERY INITIATIVE.— health, the environment, and public participa- gions of the United States experience disparate (1) IN GENERAL.—To advance the policy de- tion.’’. factors contributing to the condition of pave- scribed in subsection (a), the Secretary shall SEC. 1302. ADVANCE ACQUISITION OF REAL PROP- ment on the Interstate System in those regions, carry out a project delivery initiative under this ERTY INTERESTS. the Secretary may establish different minimum section. (a) REAL PROPERTY INTERESTS.—Section 108 levels for each region; (2) PURPOSES.—The purposes of the project of title 23, United States Code, is amended— ‘‘(4) HIGHWAY SAFETY IMPROVEMENT PRO- delivery initiative shall be— (1) by striking ‘‘real property’’ each place it GRAM.—For the purpose of carrying out section (A) to develop and advance the use of best appears and inserting ‘‘real property interests’’; 148, the Secretary shall establish measures for practices to accelerate project delivery and re- (2) by striking ‘‘right-of-way’’ each place it States to use to assess— duce costs across all modes of transportation appears and inserting ‘‘real property interest’’; ‘‘(A) serious injuries and fatalities per vehicle and expedite the deployment of technology and and mile traveled; and innovation; (3) by striking ‘‘rights-of-way’’ each place it ‘‘(B) the number of serious injuries and fatali- (B) to implement provisions of law designed to appears and inserting ‘‘real property interests’’. ties. accelerate project delivery; and (b) STATE-FUNDED EARLY ACQUISITION OF ‘‘(5) CONGESTION MITIGATION AND AIR QUALITY (C) to select eligible projects for applying ex- REAL PROPERTY INTERESTS.—Section 108(c) of PROGRAM.—For the purpose of carrying out sec- perimental features to test innovative project de- title 23, United States Code, is amended— tion 149, the Secretary shall establish measures livery techniques. (1) in the subsection heading, by striking for States to use to assess— (3) ADVANCING THE USE OF BEST PRACTICES.— ‘‘EARLY ACQUISITION OF RIGHTS-OF-WAY’’ and ‘‘(A) traffic congestion; and (A) IN GENERAL.—In carrying out the initia- inserting ‘‘STATE-FUNDED EARLY ACQUISITION ‘‘(B) on-road mobile source emissions. tive under this section, the Secretary shall iden- OF REAL PROPERTY INTERESTS’’; ‘‘(6) NATIONAL FREIGHT MOVEMENT.—The Sec- tify and advance best practices to reduce deliv- (2) by redesignating paragraphs (1) and (2) as retary shall establish measures for States to use ery time and project costs, from planning paragraphs (2) and (3), respectively; to assess freight movement on the Interstate Sys- through construction, for transportation (3) in paragraph (2) (as so redesignated)— tem. projects and programs of projects regardless of (A) in the heading, by striking ‘‘GENERAL ‘‘(d) ESTABLISHMENT OF PERFORMANCE TAR- mode and project size. RULE’’ and inserting ‘‘ELIGIBILITY FOR REIM- GETS.— (B) ADMINISTRATION.—To advance the use of BURSEMENT’’; and ‘‘(1) IN GENERAL.—Not later than 1 year after best practices, the Secretary shall— (B) by striking ‘‘Subject to paragraph (2)’’ the Secretary has promulgated the final rule- (i) engage interested parties, affected commu- and inserting ‘‘Subject to paragraph (3)’’; making under subsection (c), each State shall nities, resource agencies, and other stakeholders (4) by inserting before paragraph (2) (as so re- set performance targets that reflect the measures to gather information regarding opportunities designated) the following: identified in paragraphs (3), (4), (5), and (6) of for accelerating project delivery and reducing ‘‘(1) IN GENERAL.—A State may carry out, at subsection (c). costs; the expense of the State, acquisitions of interests ‘‘(2) DIFFERENT APPROACHES FOR URBAN AND (ii) establish a clearinghouse for the collec- in real property for a project before completion RURAL AREAS.—In the development and imple- tion, documentation, and advancement of exist- of the review process required for the project mentation of any performance target, a State ing and new innovative approaches and best under the National Environmental Policy Act of may, as appropriate, provide for different per- practices; 1969 (42 U.S.C. 4321 et seq.) without affecting formance targets for urbanized and rural areas. (iii) disseminate information through a variety subsequent approvals required for the project by ‘‘(e) REPORTING ON PERFORMANCE TARGETS.— of means to transportation stakeholders on new the State or any Federal agency.’’; and Not later than 4 years after the date of enact- innovative approaches and best practices; and (5) in paragraph (3) (as so redesignated)— ment of the MAP–21 and biennially thereafter, a (iv) provide technical assistance to assist (A) in the matter preceding subparagraph (A), State shall submit to the Secretary a report that transportation stakeholders in the use of flexi- by striking ‘‘in paragraph (1)’’ and inserting describes— bility authority to resolve project delays and ac- ‘‘in paragraph (2)’’; and (B) in subparagraph (G), by striking ‘‘both ‘‘(1) the condition and performance of the Na- celerate project delivery if feasible. the Secretary and the Administrator of the En- tional Highway System in the State; (4) IMPLEMENTATION OF ACCELERATED PROJECT vironmental Protection Agency have concurred’’ ‘‘(2) the effectiveness of the investment strat- DELIVERY.—The Secretary shall ensure that the egy document in the State asset management provisions of this subtitle designed to accelerate and inserting ‘‘the Secretary has determined’’. (c) FEDERALLY FUNDED ACQUISITION OF REAL plan for the National Highway System; project delivery are fully implemented, includ- PROPERTY INTERESTS.—Section 108 of title 23, ‘‘(3) progress in achieving performance targets ing— United States Code, is amended by adding at the identified under subsection (d); and (A) expanding eligibility of early acquisition ‘‘(4) the ways in which the State is addressing end the following: of property prior to completion of environmental congestion at freight bottlenecks, including ‘‘(d) FEDERALLY FUNDED EARLY ACQUISITION review under the National Environmental Policy those identified in the National Freight Stra- OF REAL PROPERTY INTERESTS.— Act of 1969 (42 U.S.C. 4321 et seq.); ‘‘(1) DEFINITION OF ACQUISITION OF A REAL tegic Plan, within the State.’’. (B) allowing the use of the construction man- (b) CONFORMING AMENDMENT.—The analysis PROPERTY INTEREST.—In this subsection, the ager or general contractor method of contracting for chapter 1 of title 23, United States Code, is term ‘acquisition of a real property interest’ in- in the Federal-aid highway system; and amended by striking the item relating to section cludes the acquisition of— (C) establishing a demonstration program to 150 and inserting the following: ‘‘(A) any interest in land; streamline the relocation process by permitting a ‘‘(B) a contractual right to acquire any inter- ‘‘150. National goals and performance manage- lump-sum payment for acquisition and reloca- ment measures.’’. est in land; or tion if elected by the displaced occupant. ‘‘(C) any other similar action to acquire or Subtitle C—Acceleration of Project Delivery (c) EXPEDITED PROJECT DELIVERY.—Section preserve rights-of-way for a transportation fa- SEC. 1301. DECLARATION OF POLICY AND 101(b) of title 23, United States Code, is amended cility. PROJECT DELIVERY INITIATIVE. by adding at the end the following: ‘‘(2) AUTHORIZATION.—The Secretary may au- (a) IN GENERAL.—It is the policy of the United ‘‘(4) EXPEDITED PROJECT DELIVERY.— thorize the use of funds apportioned to a State States that— ‘‘(A) IN GENERAL.—Congress declares that it is under this title for the acquisition of a real (1) it is in the national interest for the Depart- in the national interest to expedite the delivery property interest by a State. ment, State departments of transportation, tran- of surface transportation projects by substan- ‘‘(3) STATE CERTIFICATION.—A State request- sit agencies, and all other recipients of Federal tially reducing the average length of the envi- ing Federal funding for an acquisition of a real transportation funds— ronmental review process. property interest shall certify in writing, with (A) to accelerate project delivery and reduce ‘‘(B) POLICY OF THE UNITED STATES.—Accord- concurrence by the Secretary, that— costs; and ingly, it is the policy of the United States that— ‘‘(A) the State has authority to acquire the (B) to ensure that the planning, design, engi- ‘‘(i) the Secretary shall have the lead role real property interest under State law; and neering, construction, and financing of trans- among Federal agencies in carrying out the en- ‘‘(B) the acquisition of the real property inter- portation projects is done in an efficient and ef- vironmental review process for surface transpor- est— fective manner, promoting accountability for tation projects; ‘‘(i) is for a transportation purpose; public investments and encouraging greater pri- ‘‘(ii) each Federal agency shall cooperate with ‘‘(ii) will not cause any significant adverse en- vate sector involvement in project financing and the Secretary to expedite the environmental re- vironmental impact; delivery while enhancing safety and protecting view process for surface transportation projects; ‘‘(iii) will not limit the choice of reasonable al- the environment; ‘‘(iii) project sponsors shall not be prohibited ternatives for the project or otherwise influence (2) delay in the delivery of transportation from carrying out preconstruction project devel- the decision of the Secretary on any approval projects increases project costs, harms the econ- opment activities concurrently with the environ- required for the project; omy of the United States, and impedes the travel mental review process; ‘‘(iv) does not prevent the lead agency from of the people of the United States and the ship- ‘‘(iv) programmatic approaches shall be used making an impartial decision as to whether to ment of goods for the conduct of commerce; and to reduce the need for project-by-project reviews accept an alternative that is being considered in (3) the Secretary shall identify and promote and decisions by Federal agencies; and the environmental review process; the deployment of innovation aimed at reducing ‘‘(v) the Secretary shall identify opportunities ‘‘(v) is consistent with the State transpor- the time and money required to deliver transpor- for project sponsors to assume responsibilities of tation planning process under section 135; tation projects while enhancing safety and pro- the Secretary where such responsibilities can be ‘‘(vi) complies with other applicable Federal tecting the environment. assumed in a manner that protects public laws (including regulations);

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‘‘(vii) will be acquired through negotiation, project or portion of the project at the nego- (b) FEDERAL SHARE.—Section 120(c) of title 23, without the threat of condemnation; and tiated price and in compliance with the other United States Code, is amended by adding at the ‘‘(viii) will not result in a reduction or elimi- factors specified in the agreement. end the following: nation of benefits or assistance to a displaced ‘‘(B) SELECTION.—A contract shall be awarded ‘‘(3) INNOVATIVE PROJECT DELIVERY.— person required by the Uniform Relocation As- to a contractor under this paragraph using a ‘‘(A) IN GENERAL.—Except as provided in sub- sistance and Real Property Acquisition Policies competitive selection process based on qualifica- paragraph (C), the Federal share payable on ac- Act of 1970 (42 U.S.C. 4601 et seq.) and title VI tions, experience, best value, or any other com- count of a project, program, or activity carried of the Civil Rights Act of 1964 (42 U.S.C. 2000d bination of factors considered appropriate by out with funds apportioned under paragraph et seq.). the contracting agency. (1), (2), or (5) of section 104(b) may, at the dis- ‘‘(4) ENVIRONMENTAL COMPLIANCE.— ‘‘(C) TIMING.— cretion of the State, be up to 100 percent for any ‘‘(A) IN GENERAL.—Before authorizing Federal ‘‘(i) RELATIONSHIP TO NEPA PROCESS.—Prior to such project, program, or activity that the Sec- funding for an acquisition of a real property in- the completion of the environmental review retary determines— terest, the Secretary shall complete the review process required under section 102 of the Na- ‘‘(i) contains innovative project delivery meth- process under the National Environmental Pol- tional Environmental Policy Act of 1969 (42 ods that improve work zone safety for motorists icy Act of 1969 (42 U.S.C. 4321 et seq.) with re- U.S.C. 4332), a contracting agency may— or workers and the quality of the facility; spect to the acquisition of the real property in- ‘‘(I) issue requests for proposals; ‘‘(ii) contains innovative technologies, manu- terest. ‘‘(II) proceed with the award of a contract for facturing processes, financing, or contracting ‘‘(B) INDEPENDENT UTILITY.—The acquisition preconstruction services under subparagraph methods that improve the quality of, extend the of a real property interest— (A)(ii); and service life of, or decrease the long-term costs of ‘‘(i) shall be treated as having independent ‘‘(III) issue notices to proceed with a prelimi- maintaining highways and bridges; utility for purposes of the review process under nary design and any work related to prelimi- ‘‘(iii) accelerates project delivery while com- the National Environmental Policy Act of 1969 nary design, to the extent that those actions do plying with other applicable Federal laws (in- (42 U.S.C. 4321 et seq.); and not limit any reasonable range of alternatives. cluding regulations) and not causing any sig- ‘‘(ii) shall not limit consideration of alter- ‘‘(ii) CONSTRUCTION SERVICES PHASE.—A con- nificant adverse environmental impact; or natives for future transportation improvements tracting agency shall not proceed with the ‘‘(iv) reduces congestion related to highway with respect to the real property interest. award of the construction services phase of a construction. ‘‘(5) PROGRAMMING.— contract under subparagraph (A)(iv) and shall ‘‘(B) EXAMPLES.—Projects, programs, and ac- ‘‘(A) IN GENERAL.—The acquisition of a real not proceed, or permit any consultant or con- tivities described in subparagraph (A) may in- property interest for which Federal funding is tractor to proceed, with final design or construc- clude the use of— requested shall be included as a project in an tion until completion of the environmental re- ‘‘(i) prefabricated bridge elements and systems applicable transportation improvement program view process required under section 102 of the and other technologies to reduce bridge con- under sections 134 and 135 and sections 5303 and National Environmental Policy Act of 1969 (42 struction time; 5304 of title 49. U.S.C. 4332). ‘‘(ii) innovative construction equipment, mate- ‘‘(iii) APPROVAL REQUIREMENT.—Prior to au- ‘‘(B) ACQUISITION PROJECT.—The acquisition rials, or techniques, including the use of in- project may consist of the acquisition of a spe- thorizing construction activities, the Secretary place recycling technology and digital 3-dimen- cific parcel, a portion of a transportation cor- shall approve— sional modeling technologies; ‘‘(I) the price estimate of the contracting ridor, or an entire transportation corridor. ‘‘(iii) innovative contracting methods, includ- agency for the entire project; and ‘‘(6) DEVELOPMENT.—Real property interests ing the design-build and the construction man- ‘‘(II) any price agreement with the general acquired under this subsection may not be de- ager-general contractor contracting methods; contractor for the project or a portion of the veloped in anticipation of a project until all re- ‘‘(iv) intelligent compaction equipment; or project. ‘‘(v) contractual provisions that offer a con- quired environmental reviews for the project ‘‘(iv) DESIGN ACTIVITIES.— tractor an incentive payment for early comple- have been completed. ‘‘(I) IN GENERAL.—A contracting agency may tion of the project, program, or activity, subject ‘‘(7) REIMBURSEMENT.—If Federal-aid reim- proceed, at the expense of the contracting agen- to the condition that the incentives are ac- bursement is made for real property interests ac- cy, with design activities at any level of detail counted for in the financial plan of the project, quired early under this section and the real for a project before completion of the review when applicable. property interests are not subsequently incor- process required for the project under the Na- ‘‘(C) LIMITATIONS.— porated into a project eligible for surface trans- tional Environmental Policy Act of 1969 (42 ‘‘(i) IN GENERAL.—In each fiscal year, a State portation funds within the time allowed by sub- U.S.C. 4321 et seq.) without affecting subsequent may use the authority under subparagraph (A) section (a)(2), the Secretary shall offset the approvals required for the project. for up to 10 percent of the combined apportion- amount reimbursed against funds apportioned ‘‘(II) REIMBURSEMENT.—Design activities car- ments of the State under paragraphs (1), (2), to the State. ried out under subclause (I) shall be eligible for and (5) of section 104(b). ‘‘(8) OTHER REQUIREMENTS AND CONDITIONS.— Federal reimbursement as a project expense in ‘‘(ii) FEDERAL SHARE INCREASE.—The Federal ‘‘(A) APPLICABLE LAW.—The acquisition of a accordance with the requirements under section share payable on account of a project, program, real property interest shall be carried out in 109(r). or activity described in subparagraph (A) may compliance with all requirements applicable to ‘‘(v) TERMINATION PROVISION.—The Secretary be increased by up to 5 percent of the total the acquisition of real property interests for fed- shall require a contract to include an appro- project cost.’’. erally funded transportation projects. priate termination provision in the event that a SEC. 1305. EFFICIENT ENVIRONMENTAL REVIEWS ‘‘(B) ADDITIONAL CONDITIONS.—The Secretary no-build alternative is selected.’’. FOR PROJECT DECISIONMAKING. may establish such other conditions or restric- (b) REGULATIONS.—The Secretary shall pro- (a) FLEXIBILITY.—Section 139(b) of title 23, tions on acquisitions under this subsection as mulgate such regulations as are necessary to United States Code, is amended— the Secretary determines to be appropriate.’’. carry out the amendment made by subsection (1) in paragraph (2) by inserting ‘‘, and any SEC. 1303. LETTING OF CONTRACTS. (a). requirements established under this section may (a) EFFICIENCIES IN CONTRACTING.—Section (c) EFFECT ON EXPERIMENTAL PROGRAM.— be satisfied,’’ after ‘‘exercised’’; and 112(b) of title 23, United States Code, is amended Nothing in this section or the amendment made (2) by adding at the end the following: by adding at the end the following: by this section affects the authority to carry ‘‘(3) PROGRAMMATIC COMPLIANCE.— ‘‘(4) METHOD OF CONTRACTING.— out, or any project carried out under, any ex- ‘‘(A) IN GENERAL.—The Secretary shall ini- ‘‘(A) IN GENERAL.— perimental program concerning construction tiate a rulemaking to allow for the use of pro- ‘‘(i) 2-PHASE CONTRACT.—A contracting agen- manager risk that is being carried out by the grammatic approaches to conduct environmental cy may award a 2-phase contract to a construc- Secretary as of the date of enactment of this reviews that— tion manager or general contractor for Act. ‘‘(i) eliminate repetitive discussions of the preconstruction and construction services. SEC. 1304. INNOVATIVE PROJECT DELIVERY same issues; ‘‘(ii) PRECONSTRUCTION SERVICES PHASE.—In METHODS. ‘‘(ii) focus on the actual issues ripe for anal- the preconstruction services phase of a contract (a) DECLARATION OF POLICY.— yses at each level of review; and under this paragraph, the contractor shall pro- (1) IN GENERAL.—Congress declares that it is ‘‘(iii) are consistent with— vide the contracting agency with advice for in the national interest to promote the use of in- ‘‘(I) the National Environmental Policy Act of scheduling, work sequencing, cost engineering, novative technologies and practices that in- 1969 (42 U.S.C. 4321 et seq.); and constructability, cost estimating, and risk iden- crease the efficiency of construction of, improve ‘‘(II) other applicable laws. tification. the safety of, and extend the service life of high- ‘‘(B) REQUIREMENTS.—In carrying out sub- ‘‘(iii) AGREEMENT.—Prior to the start of the ways and bridges. paragraph (A), the Secretary shall— construction services phase, the contracting (2) INCLUSIONS.—The innovative technologies ‘‘(i) before initiating the rulemaking under agency and the contractor may agree to a price and practices described in paragraph (1) include that subparagraph, consult with relevant Fed- and other factors specified in regulation for the state-of-the-art intelligent transportation system eral agencies and State resource agencies, State construction of the project or a portion of the technologies, elevated performance standards, departments of transportation, Indian tribes, project. and new highway construction business prac- and the public on the appropriate use and scope ‘‘(iv) CONSTRUCTION PHASE.—If an agreement tices that improve highway safety and quality, of the programmatic approaches; is reached under clause (iii), the contractor accelerate project delivery, and reduce conges- ‘‘(ii) emphasize the importance of collabora- shall be responsible for the construction of the tion related to highway construction. tion among relevant Federal agencies, State

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agencies, and Indian tribes in undertaking pro- (e) COORDINATION AND SCHEDULING.—Section ing and convene the meeting not later than 30 grammatic reviews, especially with respect to in- 139(g)(1)(B)(i) of title 23, United States Code, is days after the date of issuance of the notice. cluding reviews with a broad geographic scope; amended by inserting ‘‘and the concurrence of’’ ‘‘(C) REFERRAL OF ISSUE RESOLUTION.— ‘‘(iii) ensure that the programmatic reviews— after ‘‘consultation with’’. ‘‘(i) REFERRAL TO COUNCIL ON ENVIRONMENTAL ‘‘(I) promote transparency, including of the SEC. 1306. ACCELERATED DECISIONMAKING. QUALITY.— ‘‘(I) IN GENERAL.—If resolution is not achieved analyses and data used in the environmental re- Section 139(h) of title 23, United States Code, by not later than 30 days after the date of an views, the treatment of any deferred issues is amended by striking paragraph (4) and insert- issue resolution meeting under subparagraph raised by agencies or the public, and the tem- ing the following: (B), the Secretary shall refer the matter to the poral and special scales to be used to analyze ‘‘(4) INTERIM DECISION ON ACHIEVING ACCELER- Council on Environmental Quality. such issues; ATED DECISIONMAKING.— ‘‘(II) use accurate and timely information in ‘‘(II) MEETING.—Not later than 30 days after ‘‘(A) IN GENERAL.—Not later than 30 days the date of receipt of a referral from the Sec- reviews, including— after the close of the public comment period on ‘‘(aa) criteria for determining the general du- retary under subclause (I), the Council on Envi- a draft environmental impact statement, the ration of the usefulness of the review; and ronmental Quality shall hold an issue resolution Secretary may convene a meeting with the ‘‘(bb) the timeline for updating any out-of- meeting with the lead agency, the heads of rel- project sponsor, lead agency, resource agencies, date review; evant participating agencies, and the project ‘‘(III) describe— and any relevant State agencies to ensure that sponsor (including the Governor only if an ini- ‘‘(aa) the relationship between programmatic all parties are on schedule to meet deadlines for tial request for an issue resolution meeting came analysis and future tiered analysis; and decisions to be made regarding the project. from the Governor). ‘‘(bb) the role of the public in the creation of ‘‘(B) DEADLINES.—The deadlines referred to in ‘‘(ii) REFERRAL TO THE PRESIDENT.—If a reso- future tiered analysis; and subparagraph (A) shall be those established lution is not achieved by not later than 30 days ‘‘(IV) are available to other relevant Federal under subsection (g), or any other deadlines es- after the date of the meeting convened by the and State agencies, Indian tribes, and the pub- tablished by the lead agency, in consultation Council on Environmental Quality under clause lic; with the project sponsor and other relevant (i)(II), the Secretary shall refer the matter di- ‘‘(iv) allow not fewer than 60 days of public agencies. rectly to the President. notice and comment on any proposed rule; and ‘‘(C) FAILURE TO ASSURE.—If the relevant ‘‘(6) FINANCIAL PENALTY PROVISIONS.— ‘‘(v) address any comments received under agencies cannot provide reasonable assurances ‘‘(A) IN GENERAL.—A Federal agency of juris- clause (iv).’’. that the deadlines described in subparagraph diction over an approval required for a project (b) FEDERAL LEAD AGENCY.—Section 139(c) of (B) will be met, the Secretary may initiate the under applicable laws shall complete any re- title 23, United States Code, is amended— issue resolution and referral process described quired approval on an expeditious basis using (1) in paragraph (1)— under paragraph (5) and before the completion the shortest existing applicable process. (A) by striking ‘‘The Department of Transpor- of the record of decision. ‘‘(B) FAILURE TO DECIDE.— tation’’ and inserting the following: ‘‘(5) ACCELERATED ISSUE RESOLUTION AND RE- ‘‘(i) IN GENERAL.—If an agency described in ‘‘(A) IN GENERAL.—The Department of Trans- FERRAL.— subparagraph (A) fails to render a decision portation’’; and ‘‘(A) AGENCY ISSUE RESOLUTION MEETING.— under any Federal law relating to a project that (B) by adding at the end the following: ‘‘(i) IN GENERAL.—A Federal agency of juris- requires the preparation of an environmental ‘‘(B) MODAL ADMINISTRATION.—If the project diction, project sponsor, or the Governor of a impact statement or environmental assessment, requires approval from more than 1 modal ad- State in which a project is located may request including the issuance or denial of a permit, li- ministration within the Department, the Sec- an issue resolution meeting to be conducted by cense, or other approval by the date described in retary may designate a single modal administra- the lead agency. clause (ii), an amount of funding equal to the tion to serve as the Federal lead agency for the ‘‘(ii) ACTION BY LEAD AGENCY.—The lead amounts specified in subclause (I) or (II) shall Department in the environmental review process agency shall convene an issue resolution meet- be rescinded from the applicable office of the for the project.’’. ing under clause (i) with the relevant partici- head of the agency, or equivalent office to (c) PARTICIPATING AGENCIES.—Section 139(d) pating agencies and the project sponsor, includ- which the authority for rendering the decision of title 23, United States Code, is amended— ing the Governor only if the meeting was re- has been delegated by law by not later than 1 (1) by striking paragraph (4) and inserting the quested by the Governor, to resolve issues that day after the applicable date under clause (ii), following: could— and once each week thereafter until a final de- ‘‘(4) EFFECT OF DESIGNATION.— ‘‘(I) delay completion of the environmental re- cision is rendered, subject to subparagraph (C)— ‘‘(A) REQUIREMENT.—A participating agency view process; or ‘‘(I) $20,000 for any project for which an an- shall comply with the requirements of this sec- ‘‘(II) result in denial of any approvals re- nual financial plan under section 106(i) is re- tion. quired for the project under applicable laws. quired; or ‘‘(B) IMPLICATION.—Designation as a partici- ‘‘(iii) DATE.—A meeting requested under this ‘‘(II) $10,000 for any other project requiring pating agency under this subsection shall not subparagraph shall be held by not later than 21 preparation of an environmental assessment or imply that the participating agency— days after the date of receipt of the request for environmental impact statement. ‘‘(i) supports a proposed project; or the meeting, unless the lead agency determines ‘‘(ii) DESCRIPTION OF DATE.—The date referred ‘‘(ii) has any jurisdiction over, or special ex- that there is good cause to extend the time for to in clause (i) is the later of— pertise with respect to evaluation of, the the meeting. ‘‘(I) the date that is 180 days after the date on project.’’; and which an application for the permit, license, or (2) by striking paragraph (7) and inserting the ‘‘(iv) NOTIFICATION.—On receipt of a request for a meeting under this subparagraph, the lead approval is complete; and following: ‘‘(II) the date that is 180 days after the date agency shall notify all relevant participating ‘‘(7) CONCURRENT REVIEWS.—Each partici- on which the Federal lead agency issues a deci- agencies of the request, including the issue to be pating agency and cooperating agency shall— sion on the project under the National Environ- resolved, and the date for the meeting. ‘‘(A) carry out the obligations of that agency mental Policy Act of 1969 (42 U.S.C. 4321 et ‘‘(v) DISPUTES.—If a relevant participating under other applicable law concurrently, and in seq.). agency with jurisdiction over an approval re- conjunction, with the review required under the ‘‘(C) LIMITATIONS.— National Environmental Policy Act of 1969 (42 quired for a project under applicable law deter- ‘‘(i) IN GENERAL.—No rescission of funds U.S.C. 4321 et seq.), unless doing so would im- mines that the relevant information necessary to under subparagraph (B) relating to an indi- pair the ability of the Federal agency to conduct resolve the issue has not been obtained and vidual project shall exceed, in any fiscal year, needed analysis or otherwise carry out those ob- could not have been obtained within a reason- an amount equal to 2.5 percent of the funds ligations; and able time, but the lead agency disagrees, the res- made available for the applicable agency office. ‘‘(B) formulate and implement administrative, olution of the dispute shall be forwarded to the ‘‘(ii) FAILURE TO DECIDE.—The total amount policy, and procedural mechanisms to enable the heads of the relevant agencies for resolution. rescinded in a fiscal year as a result of a failure agency to ensure completion of the environ- ‘‘(vi) CONVENTION BY LEAD AGENCY.—A lead by an agency to make a decision by an applica- mental review process in a timely, coordinated, agency may convene an issue resolution meeting ble deadline shall not exceed an amount equal and environmentally responsible manner.’’. under this subsection at any time without the to 7 percent of the funds made available for the (d) PROJECT INITIATION.—Section 139(e) of request of the Federal agency of jurisdiction, applicable agency office for that fiscal year. title 23, United States Code, is amended— project sponsor, or the Governor of a State. ‘‘(D) NO FAULT OF AGENCY.—A rescission of (1) by striking ‘‘The project sponsor’’ and in- ‘‘(B) ELEVATION OF ISSUE RESOLUTION.— funds under this paragraph shall not be made if serting the following: ‘‘(i) IN GENERAL.—If issue resolution is not the lead agency for the project certifies that— ‘‘(1) IN GENERAL.—The project sponsor’’; and achieved by not later than 30 days after the ‘‘(i) the agency has not received necessary in- (2) by adding at the end the following: date of a relevant meeting under subparagraph formation or approvals from another entity, ‘‘(2) SUBMISSION OF DOCUMENTS.—The project (A), the Secretary shall notify the lead agency, such as the project sponsor, in a manner that sponsor may satisfy the requirement under the heads of the relevant participating agencies, affects the ability of the agency to meet any re- paragraph (1) by submitting to the Secretary and the project sponsor (including the Governor quirements under State, local, or Federal law; or any relevant documents containing the informa- only if the initial issue resolution meeting re- ‘‘(ii) significant new information or cir- tion described in that paragraph, including a quest came from the Governor) that an issue res- cumstances, including a major modification to draft notice for publication in the Federal Reg- olution meeting will be convened. an aspect of the project, requires additional ister announcing the preparation of an environ- ‘‘(ii) REQUIREMENTS.—The Secretary shall analysis for the agency to make a decision on mental review for the project.’’. identify the issues to be addressed at the meet- the project application.

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‘‘(E) LIMITATION.—The Federal agency with ‘‘(2) TECHNICAL ASSISTANCE.—At the request of ‘‘(C) has been approved by the State, all local jurisdiction for the decision from which funds a project sponsor or the Governor of a State in and tribal governments where the project is lo- are rescinded pursuant to this paragraph shall which a project is located, the Secretary shall cated, and by any relevant metropolitan plan- not reprogram funds to the office of the head of provide additional technical assistance to re- ning organization. the agency, or equivalent office, to reimburse solve for a covered project any outstanding ‘‘(3) PROJECT.—The term ‘project’ has the that office for the loss of the funds. issues and project delay, including by— meaning given the term in section 139(a). ‘‘(F) AUDITS.—In any fiscal year in which ‘‘(A) providing additional staff, training, and ‘‘(4) PROJECT SPONSOR.—The term ‘project any funds are rescinded from a Federal agency expertise; sponsor’ has the meaning given the term in sec- pursuant to this paragraph, the Inspector Gen- ‘‘(B) facilitating interagency coordination; tion 139(a). eral of that agency shall— ‘‘(C) promoting more efficient collaboration; ‘‘(b) ADOPTION OF PLANNING PRODUCTS FOR ‘‘(i) conduct an audit to assess compliance and USE IN NEPA PROCEEDINGS.— with the requirements of this paragraph; and ‘‘(D) supplying specialized onsite assistance. ‘‘(1) IN GENERAL.—Subject to the conditions ‘‘(ii) not later than 120 days after the end of ‘‘(3) SCOPE OF WORK.— set forth in subsection (d), the Federal lead the fiscal year during which the rescission oc- ‘‘(A) IN GENERAL.—In providing technical as- agency for a project may adopt and use a plan- curred, submit to the Committee on Environment sistance for a covered project under this sub- ning product in proceedings relating to any and Public Works of the Senate and the Com- section, the Secretary shall establish a scope of class of action in the environmental review mittee on Transportation and Infrastructure of work that describes the actions that the Sec- process of the project. the House of Representatives a report describing retary will take to resolve the outstanding issues ‘‘(2) IDENTIFICATION.—When the Federal lead the reasons why the transfers were levied, in- and project delays, including establishing a agency makes a determination to adopt and use cluding allocations of resources. schedule under subparagraph (B). a planning product, the Federal lead agency ‘‘(G) EFFECT OF PARAGRAPH.—Nothing in this ‘‘(B) SCHEDULE.— shall identify those agencies that participated in paragraph affects or limits the application of, or ‘‘(i) IN GENERAL.—The Secretary shall estab- the development of the planning products. obligation to comply with, any Federal, State, lish and meet a schedule for the completion of ‘‘(3) PARTIAL ADOPTION OF PLANNING PROD- local, or tribal law. any permit, approval, review, or study, required UCTS.—The Federal lead agency may adopt a ‘‘(7) EXPEDIENT DECISIONS AND REVIEWS.—To for the covered project by the date that is not planning product under paragraph (1) in its en- ensure that Federal environmental decisions later than 4 years after the date on which a no- tirety or may select portions for adoption. and reviews are expeditiously made— tice of intent for the covered project is issued. ‘‘(4) TIMING.—A determination under para- ‘‘(A) adequate resources made available under ‘‘(ii) INCLUSIONS.—The schedule under clause graph (1) with respect to the adoption of a plan- this title shall be devoted to ensuring that appli- (i) shall— ning product may be made at the time the lead cable environmental reviews under the National ‘‘(I) comply with all applicable laws; agencies decide the appropriate scope of envi- Environmental Policy Act of 1969 (42 U.S.C. 4321 ‘‘(II) require the concurrence of the Council ronmental review for the project but may also et seq.) are completed on an expeditious basis on Environmental Quality and each partici- occur later in the environmental review process, and that the shortest existing applicable process pating agency for the project with the State in as appropriate. under that Act is implemented; and which the project is located or the project spon- ‘‘(c) APPLICABILITY.— ‘‘(B) the President shall submit to the Com- sor, as applicable; and ‘‘(1) PLANNING DECISIONS.—Planning decisions mittee on Transportation and Infrastructure of ‘‘(III) reflect any new information that be- that may be adopted pursuant to this section in- the House of Representatives and the Committee comes available and any changes in cir- clude— on Environment and Public Works of the Sen- cumstances that may result in new significant ‘‘(A) whether tolling, private financial assist- ate, not less frequently than once every 120 days impacts that could affect the timeline for com- ance, or other special financial measures are after the date of enactment of the MAP–21, a re- pletion of any permit, approval, review, or study necessary to implement the project; port on the status and progress of the following required for the covered project. ‘‘(B) a decision with respect to modal choice, projects and activities funded under this title ‘‘(4) CONSULTATION.—In providing technical including a decision to implement corridor or with respect to compliance with applicable re- assistance for a covered project under this sub- subarea study recommendations to advance dif- quirements under the National Environmental section, the Secretary shall consult, if appro- ferent modal solutions as separate projects with Policy Act of 1969 (42 U.S.C. 4321 et seq.): priate, with resource and participating agencies independent utility; ‘‘(i) Projects and activities required to prepare on all methods available to resolve the out- ‘‘(C) a basic description of the environmental an annual financial plan under section 106(i). standing issues and project delays for a covered setting; ‘‘(ii) A sample of not less than 5 percent of the project as expeditiously as possible. ‘‘(D) a decision with respect to methodologies projects requiring preparation of an environ- ‘‘(5) ENFORCEMENT.— for analysis; and mental impact statement or environmental as- ‘‘(A) IN GENERAL.—All provisions of this sec- ‘‘(E) an identification of programmatic level sessment in each State.’’. tion shall apply to this subsection, including the mitigation for potential impacts that the Federal lead agency, in consultation with Federal, SEC. 1307. ASSISTANCE TO AFFECTED FEDERAL financial penalty provisions under subsection AND STATE AGENCIES. (h)(6). State, local, and tribal resource agencies, deter- Section 139(j) of title 23, United States Code, is ‘‘(B) RESTRICTION.—If the Secretary enforces mines are most effectively addressed at a re- amended by adding at the end the following: this subsection under subsection (h)(6), the Sec- gional or national program level, including— ‘‘(i) system-level measures to avoid, minimize, ‘‘(6) MEMORANDUM OF UNDERSTANDING.—Prior retary may use a date included in a schedule or mitigate impacts of proposed transportation to providing funds approved by the Secretary under paragraph (3)(B) that is created pursuant investments on environmental resources, includ- for dedicated staffing at an affected Federal to and is in compliance with this subsection in ing regional ecosystem and water resources; and agency under paragraphs (1) and (2), the af- lieu of the dates under subsection (h)(6)(B)(ii).’’. ‘‘(ii) potential mitigation activities, locations, fected Federal agency and the State agency SEC. 1310. INTEGRATION OF PLANNING AND EN- and investments. shall enter into a memorandum of under- VIRONMENTAL REVIEW. ‘‘(2) PLANNING ANALYSES.—Planning analyses standing that establishes the projects and prior- (a) IN GENERAL.—Chapter 1 of title 23, United that may be adopted pursuant to this section in- ities to be addressed by the use of the funds.’’. States Code (as amended by section 1115(a)), is amended by adding at the end the following: clude studies with respect to— SEC. 1308. LIMITATIONS ON CLAIMS. ‘‘(A) travel demands; Section 139(l) of title 23, United States Code, is ‘‘§ 168. Integration of planning and environ- ‘‘(B) regional development and growth; amended— mental review ‘‘(C) local land use, growth management, and (1) in paragraph (1) by striking ‘‘180 days’’ ‘‘(a) DEFINITIONS.—In this section, the fol- development; and inserting ‘‘150 days’’; and lowing definitions apply: ‘‘(D) population and employment; (2) in paragraph (2) by striking ‘‘180 days’’ ‘‘(1) ENVIRONMENTAL REVIEW PROCESS.—The ‘‘(E) natural and built environmental condi- and inserting ‘‘150 days’’. term ‘environmental review process’ means the tions; SEC. 1309. ACCELERATING COMPLETION OF COM- process for preparing for a project an environ- ‘‘(F) environmental resources and environ- PLEX PROJECTS WITHIN 4 YEARS. mental impact statement, environmental assess- mentally sensitive areas; Section 139 of title 23, United States Code, is ment, categorical exclusion, or other document ‘‘(G) potential environmental effects, includ- amended by adding at the end the following: prepared under the National Environmental ing the identification of resources of concern ‘‘(m) ENHANCED TECHNICAL ASSISTANCE AND Policy Act of 1969 (42 U.S.C. 4321 et seq.). and potential cumulative effects on those re- ACCELERATED PROJECT COMPLETION.— ‘‘(2) PLANNING PRODUCT.—The term ‘planning sources, identified as a result of a statewide or ‘‘(1) DEFINITION OF COVERED PROJECT.—In product’ means a detailed and timely decision, regional cumulative effects assessment; and this subsection, the term ‘covered project’ means analysis, study, or other documented informa- ‘‘(H) mitigation needs for a proposed action, a project— tion that— or for programmatic level mitigation, for poten- ‘‘(A) that has an ongoing environmental im- ‘‘(A) is the result of an evaluation or decision- tial effects that the Federal lead agency deter- pact statement under the National Environ- making process carried out during transpor- mines are most effectively addressed at a re- mental Policy Act of 1969 (42 U.S.C. 4321 et tation planning, including a detailed corridor gional or national program level. seq.); and plan or a transportation plan developed under ‘‘(d) CONDITIONS.—Adoption and use of a ‘‘(B) for which at least 2 years, beginning on section 134 that fully analyzes impacts on mobil- planning product under this section is subject to the date on which a notice of intent is issued, ity, adjacent communities, and the environment; a determination by the Federal lead agency, have elapsed without the issuance of a record of ‘‘(B) is intended to be carried into the trans- with the concurrence of other participating decision. portation project development process; and agencies with relevant expertise and project

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00309 Fmt 4634 Sfmt 6333 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H4468 CONGRESSIONAL RECORD — HOUSE June 28, 2012 sponsors as appropriate, and with an oppor- ‘‘Sec. 168. Integration of planning and environ- tional Environmental Policy Act of 1969 (42 tunity for public notice and comment and con- mental review.’’. U.S.C. 4321 et seq.). sideration of those comments by the Federal SEC. 1311. DEVELOPMENT OF PROGRAMMATIC ‘‘(g) PRESERVATION OF EXISTING AUTHORI- lead agency, that the following conditions have MITIGATION PLANS. TIES.—Nothing in this section limits the use of been met: (a) IN GENERAL.—Chapter 1 of title 23, United programmatic approaches to reviews under the ‘‘(1) The planning product was developed States Code (as amended by section 1310(a)), is National Environmental Policy Act of 1969 (42 through a planning process conducted pursuant amended by adding at the end the following: U.S.C. 4321 et seq.).’’. (b) TECHNICAL AND CONFORMING AMEND- to applicable Federal law. ‘‘§ 169. Development of programmatic mitiga- ‘‘(2) The planning product was developed by MENT.—The analysis for chapter 1 of title 23, tion plans engaging in active consultation with appro- United States Code (as amended by section priate Federal and State resource agencies and ‘‘(a) IN GENERAL.—As part of the statewide or 1309(b)), is amended by adding at the end the Indian tribes. metropolitan transportation planning process, a following: State or metropolitan planning organization ‘‘(3) The planning process included broad ‘‘Sec. 169. Development of programmatic mitiga- may develop 1 or more programmatic mitigation multidisciplinary consideration of systems-level tion plans.’’. or corridor-wide transportation needs and po- plans to address the potential environmental impacts of future transportation projects. SEC. 1312. STATE ASSUMPTION OF RESPONSI- tential effects, including effects on the human BILITY FOR CATEGORICAL EXCLU- and natural environment. ‘‘(b) SCOPE.— SIONS. ‘‘(4) During the planning process, notice was ‘‘(1) SCALE.—A programmatic mitigation plan Section 326 of title 23, United States Code, is provided through publication or other means to may be developed on a regional, ecosystem, wa- amended— Federal, State, local, and tribal governments tershed, or statewide scale. (1) in subsection (a) by adding at the end the that might have an interest in the proposed ‘‘(2) RESOURCES.—The plan may encompass following: project, and to members of the general public, of multiple environmental resources within a de- ‘‘(4) PRESERVATION OF FLEXIBILITY.—The Sec- the planning products that the planning process fined geographic area or may focus on a specific retary shall not require a State, as a condition might produce and that might be relied on dur- resource, such as aquatic resources, parkland, of assuming responsibility under this section, to ing any subsequent environmental review proc- or wildlife habitat. forego project delivery methods that are other- ess, and such entities have been provided an ap- ‘‘(3) PROJECT IMPACTS.—The plan may ad- wise permissible for highway projects.’’; propriate opportunity to participate in the plan- dress impacts from all projects in a defined geo- (2) by striking subsection (d) and inserting the ning process leading to such planning product. graphic area or may focus on a specific type of following: ‘‘(5) After initiation of the environmental re- project. ‘‘(d) TERMINATION.— view process, but prior to determining whether ‘‘(4) CONSULTATION.—The scope of the plan ‘‘(1) TERMINATION BY THE SECRETARY.—The to rely on and use the planning product, the shall be determined by the State or metropolitan Secretary may terminate any assumption of re- lead Federal agency has made documentation planning organization, as appropriate, in con- sponsibility under a memorandum of under- relating to the planning product available to sultation with the agency or agencies with juris- standing on a determination that the State is Federal, State, local, and tribal governments diction over the resources being addressed in the not adequately carrying out the responsibilities that may have an interest in the proposed ac- mitigation plan. assigned to the State. tion, and to members of the general public, and ‘‘(c) CONTENTS.—A programmatic mitigation ‘‘(2) TERMINATION BY THE STATE.—The State has considered any resulting comments. plan may include— may terminate the participation of the State in ‘‘(6) There is no significant new information ‘‘(1) an assessment of the condition of envi- the program at any time by providing to the Sec- or new circumstance that has a reasonable like- ronmental resources in the geographic area cov- retary a notice not later than the date that is 90 lihood of affecting the continued validity or ap- ered by the plan, including an assessment of re- days before the date of termination, and subject propriateness of the planning product. cent trends and any potential threats to those to such terms and conditions as the Secretary ‘‘(7) The planning product has a rational resources; may provide.’’; and basis and is based on reliable and reasonably ‘‘(2) an assessment of potential opportunities (3) by adding at the end the following: current data and reasonable and scientifically to improve the overall quality of environmental ‘‘(f) LEGAL FEES.—A State assuming the re- acceptable methodologies. resources in the geographic area covered by the sponsibilities of the Secretary under this section ‘‘(8) The planning product is documented in plan, through strategic mitigation for impacts of for a specific project may use funds apportioned sufficient detail to support the decision or the transportation projects; to the State under section 104(b)(2) for attor- results of the analysis and to meet requirements ‘‘(3) standard measures for mitigating certain ney’s fees directly attributable to eligible activi- for use of the information in the environmental types of impacts; ties associated with the project.’’. review process. ‘‘(4) parameters for determining appropriate SEC. 1313. SURFACE TRANSPORTATION PROJECT ‘‘(9) The planning product is appropriate for mitigation for certain types of impacts, such as DELIVERY PROGRAM. adoption and use in the environmental review mitigation ratios or criteria for determining ap- (a) PROGRAM NAME.—Section 327 of title 23, process for the project. propriate mitigation sites; United States Code, is amended— ‘‘(10) The planning product was approved not ‘‘(5) adaptive management procedures, such (1) in the section heading by striking ‘‘pilot’’; later than 5 years prior to date on which the in- as protocols that involve monitoring predicted and formation is adopted pursuant to this section. impacts over time and adjusting mitigation (2) in subsection (a)(1) by striking ‘‘pilot’’. (b) ASSUMPTION OF RESPONSIBILITY.—Section ‘‘(e) EFFECT OF ADOPTION.—Any planning measures in response to information gathered 327(a)(2) of title 23, United States Code, is product adopted by the Federal lead agency in through the monitoring; and amended— accordance with this section may be incor- ‘‘(6) acknowledgment of specific statutory or regulatory requirements that must be satisfied (1) in subparagraph (B)— porated directly into an environmental review (A) in clause (i) by striking ‘‘but’’; and process document or other environmental docu- when determining appropriate mitigation for (B) by striking clause (ii) and inserting the ment and may be relied upon and used by other certain types of resources. following: Federal agencies in carrying out reviews of the ‘‘(d) PROCESS.—Before adopting a pro- ‘‘(ii) at the request of the State, the Secretary project. grammatic mitigation plan, a State or metropoli- may also assign to the State, and the State may ‘‘(f) RULES OF CONSTRUCTION.— tan planning organization shall— assume, the responsibilities of the Secretary ‘‘(1) IN GENERAL.—This section shall not be ‘‘(1) consult with each agency with jurisdic- with respect to 1 or more railroad, public trans- construed to make the environmental review tion over the environmental resources consid- portation, or multimodal projects within the process applicable to the transportation plan- ered in the programmatic mitigation plan; State under the National Environmental Policy ning process conducted under this title and ‘‘(2) make a draft of the plan available for re- Act of 1969 (42 U.S.C. 4321 et seq.); chapter 53 of title 49. view and comment by applicable environmental ‘‘(iii) in a State that has assumed the respon- ‘‘(2) TRANSPORTATION PLANNING ACTIVITIES.— resource agencies and the public; sibilities of the Secretary under clause (ii), a re- Initiation of the environmental review process ‘‘(3) consider any comments received from cipient of assistance under chapter 53 of title 49 as a part of, or concurrently with, transpor- such agencies and the public on the draft plan; may request that the Secretary maintain the re- tation planning activities does not subject trans- and sponsibilities of the Secretary with respect to 1 portation plans and programs to the environ- ‘‘(4) address such comments in the final plan. or more public transportation projects within mental review process. ‘‘(e) INTEGRATION WITH OTHER PLANS.—A the State under the National Environmental ‘‘(3) PLANNING PRODUCTS.—This section shall programmatic mitigation plan may be integrated Policy Act of 1969 (42 U.S.C. 13 4321 et seq.); but not be construed to affect the use of planning with other plans, including watershed plans, ‘‘(iv) the Secretary may not assign— products in the environmental review process ecosystem plans, species recovery plans, growth ‘‘(I) any responsibility imposed on the Sec- pursuant to other authorities under any other management plans, and land use plans. retary by section 134 or 135 or section 5303 or provision of law or to restrict the initiation of ‘‘(f) CONSIDERATION IN PROJECT DEVELOPMENT 5304 of title 49; or the environmental review process during plan- AND PERMITTING.—If a programmatic mitigation ‘‘(II) responsibility for any conformity deter- ning.’’. plan has been developed pursuant to this sec- mination required under section 176 of the Clean (b) TECHNICAL AND CONFORMING AMEND- tion, any Federal agency responsible for envi- Air Act (42 U.S.C. 7506).’’; and MENT.—The analysis for chapter 1 of title 23, ronmental reviews, permits, or approvals for a (2) by adding at the end the following: United States Code (as amended by section transportation project may use the recommenda- ‘‘(F) PRESERVATION OF FLEXIBILITY.—The 1115(b)), is amended by adding at end the fol- tions in a programmatic mitigation plan when Secretary may not require a State, as a condi- lowing: carrying out the responsibilities under the Na- tion of participation in the program, to forego

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00310 Fmt 4634 Sfmt 6333 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE June 28, 2012 CONGRESSIONAL RECORD — HOUSE H4469 project delivery methods that are otherwise per- ‘‘§ 304. Application of categorical exclusions United States Code, is amended to read as fol- missible for projects. for multimodal projects lows: ‘‘(G) LEGAL FEES.—A State assuming the re- ‘‘(a) DEFINITIONS.—In this section, the fol- ‘‘304. Application of categorical exclusions for sponsibilities of the Secretary under this section lowing definitions apply: multimodal projects’’. for a specific project may use funds apportioned ‘‘(1) COOPERATING AUTHORITY.—The term ‘co- SEC. 1315. CATEGORICAL EXCLUSIONS IN EMER- to the State under section 104(b)(2) for attor- operating authority’ means a Department of GENCIES. neys’ fees directly attributable to eligible activi- Transportation operating authority that is not (a) IN GENERAL.—Not later than 30 days after ties associated with the project.’’. the lead authority with respect to a project. the date of enactment of this Act, for the repair (c) STATE PARTICIPATION.—Section 327(b) of ‘‘(2) LEAD AUTHORITY.—The term ‘lead au- or reconstruction of any road, highway, or title 23, United States Code, is amended— thority’ means a Department of Transportation (1) by striking paragraph (1) and inserting the bridge that is in operation or under construction operating administration or secretarial office when damaged by an emergency declared by the following: that— ‘‘(1) PARTICIPATING STATES.—All States are el- Governor of the State and concurred in by the ‘‘(A) is the lead authority over a proposed igible to participate in the program.’’; and Secretary, or for a disaster or emergency de- multimodal project; and (2) in paragraph (2) by striking ‘‘date of en- clared by the President pursuant to the Robert ‘‘(B) has determined that the components of actment of this section, the Secretary shall pro- T. Stafford Disaster Relief and Emergency As- the project that fall under the modal expertise of mulgate’’ and inserting ‘‘date on which amend- sistance Act (42 U.S.C. 5121 et seq.), the Sec- the lead authority— ments to this section by the MAP-21 take effect, retary shall publish a notice of proposed rule- ‘‘(i) satisfy the conditions for a categorical ex- the Secretary shall amend, as appropriate,’’. making to treat any such repair or reconstruc- clusion under implementing regulations or pro- (d) WRITTEN AGREEMENT.—Section 327(c) of tion activity as a class of action categorically cedures of the lead authority under the Na- title 23, United States Code, is amended— excluded from the requirements relating to envi- (1) in paragraph (3)(D) by striking the period tional Environmental Policy Act of 1969 (42 ronmental assessments or environmental impact at the end and inserting a semicolon; and U.S.C. 4321 et seq.); and statements under section 1508.4 of title 40, Code ‘‘(ii) do not require the preparation of an en- (2) by adding at the end the following: of Federal Regulations, and section 771.117 of vironmental assessment or environmental impact ‘‘(4) require the State to provide to the Sec- title 23, Code of Federal Regulations (as in ef- statement under that Act. retary any information the Secretary considers fect on the date of enactment of this Act) if such ‘‘(3) MULTIMODAL PROJECT.—The term necessary to ensure that the State is adequately repair or reconstruction activity is— ‘multimodal project’ has the meaning given the carrying out the responsibilities assigned to the (1) in the same location with the same capac- term in section 139(a) of title 23. State; ity, dimensions, and design as the original road, ‘‘(b) EXERCISE OF AUTHORITIES.—The authori- ‘‘(5) have a term of not more than 5 years; and highway, or bridge as before the declaration de- ties granted in this section may be exercised for ‘‘(6) be renewable.’’. scribed in this section; and (e) CONFORMING AMENDMENT.—Section 327(e) a multimodal project, class of projects, or pro- (2) commenced within a 2-year period begin- of title 23, United States Code, is amended by gram of projects that are carried out under this ning on the date of a declaration described in striking ‘‘subsection (i)’’ and inserting ‘‘subtitle. this section. section (j)’’. ‘‘(c) APPLICATION OF CATEGORICAL EXCLU- (b) RULEMAKING.— (f) AUDITS.—Section 327(g)(1)(B) of title 23, SIONS FOR MULTIMODAL PROJECTS.—In consid- (1) IN GENERAL.—The Secretary shall ensure United States Code, is amended by striking ering the environmental impacts of a proposed that the rulemaking helps to conserve Federal ‘‘subsequent year’’ and inserting ‘‘of the third multimodal project, a lead authority may apply resources and protects public safety and health and fourth years’’. a categorical exclusion designated under the im- by providing for periodic evaluations to deter- (g) MONITORING.—Section 327 of title 23, plementing regulations or procedures of a co- mine if reasonable alternatives exist to roads, United States Code, is amended— operating authority for other components of the highways, or bridges that repeatedly require re- (1) by redesignating subsections (h) and (i) as project, subject to the conditions that— subsections (i) and (j), respectively; and ‘‘(1) the multimodal project is funded under 1 pair and reconstruction activities. (2) by inserting after subsection (g) the fol- grant agreement administered by the lead au- (2) REASONABLE ALTERNATIVES.—The reason- lowing: thority; able alternatives described in paragraph (1) in- ‘‘(h) MONITORING.—After the fourth year of ‘‘(2) the multimodal project has components clude actions that could reduce the need for the participation of a State in the program, the that require the expertise of a cooperating au- Federal funds to be expended on such repair Secretary shall monitor compliance by the State thority to assess the environmental impacts of and reconstruction activities, better protect pub- with the written agreement, including the provi- the components; lic safety and health and the environment, and sion by the State of financial resources to carry ‘‘(3) the component of the project to be cov- meet transportation needs as described in rel- out the written agreement.’’. ered by the categorical exclusion of the cooper- evant and applicable Federal, State, local and (h) TERMINATION.—Section 327(j) of title 23, ating authority has independent utility; tribal plans. United States Code (as so redesignated), is ‘‘(4) the cooperating authority, in consulta- SEC. 1316. CATEGORICAL EXCLUSIONS FOR amended to read as follows: tion with the lead authority— PROJECTS WITHIN THE RIGHT-OF- ‘‘(j) TERMINATION.— ‘‘(A) follows implementing regulations or pro- WAY. ‘‘(1) TERMINATION BY THE SECRETARY.—The cedures under the National Environmental Pol- (a) IN GENERAL.—The Secretary shall— Secretary may terminate the participation of icy Act of 1969 (42 U.S.C. 4321 et seq.); and (1) not later than 180 days after the date of any State in the program if— ‘‘(B) determines that a categorical exclusion enactment of this Act, designate any project (as ‘‘(A) the Secretary determines that the State is defined in section 101(a) of title 23, United not adequately carrying out the responsibilities under that Act applies to the components; and ‘‘(5) the lead authority has determined that— States Code) within an existing operational assigned to the State; right-of-way as an action categorically excluded ‘‘(B) the Secretary provides to the State— ‘‘(A) the project, using the categorical exclu- from the requirements relating to environmental ‘‘(i) notification of the determination of non- sions of the lead authority and each applicable assessments or environmental impact statements compliance; and cooperating authority, does not individually or ‘‘(ii) a period of at least 30 days during which cumulatively have a significant impact on the under section 1508.4 of title 40, Code of Federal to take such corrective action as the Secretary environment; and Regulations, and section 771.117(c) of title 23, determines is necessary to comply with the ap- ‘‘(B) extraordinary circumstances do not exist Code of Federal Regulations; and plicable agreement; and that merit additional analysis and documenta- (2) not later than 150 days after the date of ‘‘(C) the State, after the notification and pe- tion in an environmental impact statement or enactment of this Act, promulgate regulations to riod provided under subparagraph (B), fails to environmental assessment required under the carry out paragraph (1). take satisfactory corrective action, as deter- National Environmental Policy Act of 1969 (42 (b) DEFINITION OF AN OPERATIONAL RIGHT-OF- mined by the Secretary. U.S.C. 4321 et seq.). WAY.—In this section, the term ‘‘operational ‘‘(2) TERMINATION BY THE STATE.—The State ‘‘(d) MODAL COOPERATION.— right-of-way’’ means all real property interests may terminate the participation of the State in ‘‘(1) IN GENERAL.—A cooperating authority acquired for the construction, operation, or miti- the program at any time by providing to the Sec- shall provide modal expertise to the lead author- gation of a project (as defined in section 101(a) retary a notice by not later than the date that ity on such aspects of the multimodal project in of title 23, United States Code), including the lo- is 90 days before the date of termination, and which the cooperating authority has expertise. cations of the roadway, bridges, interchanges, subject to such terms and conditions as the Sec- ‘‘(2) USE OF CATEGORICAL EXCLUSION.—In a culverts, drainage, clear zone, traffic control retary may provide.’’. case described in paragraph (1), the 1 or more signage, landscaping, and any rest areas with (i) CLERICAL AMENDMENT.—The item relating categorical exclusions of a cooperating author- direct access to a controlled access highway. to section 327 in the analysis of title 23, United ity may be applied by the lead authority once SEC. 1317. CATEGORICAL EXCLUSION FOR States Code, is amended to read as follows: the cooperating authority reviews the project on PROJECTS OF LIMITED FEDERAL AS- ‘‘327. Surface transportation project delivery behalf of the lead authority and determines the SISTANCE. program.’’. project satisfies the conditions for a categorical Not later than 180 days after the date of en- SEC. 1314. APPLICATION OF CATEGORICAL EX- exclusion under the implementing regulations or actment of this Act, the Secretary shall— CLUSIONS FOR MULTIMODAL procedures of the cooperating authority under (1) designate as an action categorically ex- PROJECTS. the National Environmental Policy Act of 1969 cluded from the requirements relating to envi- (a) IN GENERAL.—Section 304 of title 49, (42 U.S.C. 4321 et seq.) and this section.’’. ronmental assessments or environmental impact United States Code, is amended to read as fol- (b) CONFORMING AMENDMENT.—The item re- statements under section 1508.4 of title 40, Code lows: lating to section 304 in the analysis for title 49, of Federal Regulations, and section 771.117(c) of

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00311 Fmt 4634 Sfmt 6333 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H4470 CONGRESSIONAL RECORD — HOUSE June 28, 2012 title 23, Code of Federal Regulations, any SEC. 1319. ACCELERATED DECISIONMAKING IN as appropriate, other required analyses and project— ENVIRONMENTAL REVIEWS. studies concurrently with planning activities. (A) that receives less than $5,000,000 of Fed- (a) IN GENERAL.—In preparing a final envi- (5) The identification by agencies with juris- eral funds; or ronmental impact statement under the National diction over any permits related to the project of (B) with a total estimated cost of not more Environmental Policy Act of 1969 (42 U.S.C. 4321 any and all relevant information that will rea- than $30,000,000 and Federal funds comprising et seq.), if the lead agency modifies the state- sonably be required for the project. less than 15 percent of the total estimated ment in response to comments that are minor (6) The reduction of duplication between re- project cost; and and are confined to factual corrections or expla- quirements under the National Environmental (2) not later than 150 days after the date of nations of why the comments do not warrant Policy Act of 1969 (42 U.S.C. 4321 et seq.) and enactment of this Act, promulgate regulations to additional agency response, the lead agency State and local planning and environmental re- carry out paragraph (1). may write on errata sheets attached to the state- view requirements, unless the agencies are spe- SEC. 1318. PROGRAMMATIC AGREEMENTS AND ment instead of rewriting the draft statement, cifically barred from doing so by applicable law. ADDITIONAL CATEGORICAL EXCLU- subject to the condition that the errata sheets— (7) Timelines for the completion of agency ac- SIONS. (1) cite the sources, authorities, or reasons tions during the planning and environmental (a) IN GENERAL.—Not later than 60 days after that support the position of the agency; and review processes. the date of enactment of this Act, the Secretary (2) if appropriate, indicate the circumstances (8) Other appropriate factors. shall— that would trigger agency reappraisal or further SEC. 1321. ENVIRONMENTAL PROCEDURES INI- (1) survey the use by the Department of cat- response. TIATIVE. egorical exclusions in transportation projects (b) INCORPORATION.—To the maximum extent (a) ESTABLISHMENT.—For grant programs since 2005; practicable, the lead agency shall expeditiously under which funds are distributed by formula (2) publish a review of the survey that in- develop a single document that consists of a by the Department, the Secretary shall establish cludes a description of— final environmental impact statement and a an initiative to review and develop consistent (A) the types of actions categorically ex- record of decision, unless— procedures for environmental permitting and cluded; and (1) the final environmental impact statement procurement requirements that apply to a (B) any requests previously received by the makes substantial changes to the proposed ac- project carried out under title 23, United States Secretary for new categorical exclusions; and tion that are relevant to environmental or safety Code, or chapter 53 of title 49, United States (3) solicit requests from State departments of concerns; or Code. transportation, transit authorities, metropolitan (2) there are significant new circumstances or (b) REPORT.—The Secretary shall publish the planning organizations, or other government information relevant to environmental concerns results of the initiative described in subsection agencies for new categorical exclusions. and that bear on the proposed action or the im- (a) in an electronically accessible format. (b) NEW CATEGORICAL EXCLUSIONS.—Not later pacts of the proposed action. SEC. 1322. REVIEW OF STATE ENVIRONMENTAL than 120 days after the date of enactment of this SEC. 1320. MEMORANDA OF AGENCY AGREE- REVIEWS AND APPROVALS FOR THE Act, the Secretary shall publish a notice of pro- MENTS FOR EARLY COORDINATION. PURPOSE OF ELIMINATING DUPLICA- posed rulemaking to propose new categorical ex- (a) IN GENERAL.—It is the sense of Congress TION OF ENVIRONMENTAL REVIEWS. clusions received by the Secretary under sub- that— For environmental reviews and approvals car- section (a), to the extent that the categorical ex- (1) the Secretary and other Federal agencies ried out on projects funded under title 23, clusions meet the criteria for a categorical exclu- with relevant jurisdiction in the environmental United States Code, the Comptroller General of sion under section 1508.4 of title 40, Code of Fed- review process should cooperate with each other the United States shall— eral Regulations, and section 771.117(a) of title and other agencies on environmental review and (1) review State laws and procedures for con- 23, Code of Federal Regulations (as those regu- project delivery activities at the earliest prac- ducting environmental reviews with regard to lations are in effect on the date of the notice). ticable time to avoid delays and duplication of such projects and identify the States that have (c) ADDITIONAL ACTIONS.—The Secretary shall effort later in the process, head off potential environmental laws that provide environmental issue a proposed rulemaking to move the fol- conflicts, and ensure that planning and project protections and opportunities for public involve- lowing types of actions from subsection (d) of development decisions reflect environmental val- ment that are equivalent to those provided by section 771.117 of title 23, Code of Federal Regu- ues; and Federal environmental laws; lations (as in effect on the date of enactment of (2) such cooperation should include the devel- (2) determine the frequency and cost of envi- this Act), to subsection (c) of that section, to the opment of policies and the designation of staff ronmental reviews carried out at the Federal extent that such movement complies with the that advise planning agencies or project spon- level that are duplicative of State reviews that criteria for a categorical exclusion under section sors of studies or other information foreseeably provide equivalent environmental protections 1508.4 of title 40, Code of Federal Regulations required for later Federal action and early con- and opportunities for public involvement; and (as in effect on the date of enactment of this sultation with appropriate State and local agen- (3) not later than 2 years after the date of en- Act): cies and Indian tribes. actment of this Act, submit to the Committee on (1) Modernization of a highway by resur- (b) TECHNICAL ASSISTANCE.—If requested at Transportation and Infrastructure of the House facing, restoration, rehabilitation, reconstruc- any time by a State or local planning agency, of Representatives and the Committee on Envi- tion, adding shoulders, or adding auxiliary the Secretary and other Federal agencies with ronment and Public Works of the Senate a re- lanes (including parking, weaving, turning, and relevant jurisdiction in the environmental report that describes the results of the review and climbing). view process, shall, to the extent practicable and determination made under this section. (2) Highway safety or traffic operations im- appropriate, as determined by the agencies, pro- SEC. 1323. REVIEW OF FEDERAL PROJECT AND provement projects, including the installation of vide technical assistance to the State or local PROGRAM DELIVERY. ramp metering control devices and lighting. planning agency on accomplishing the early co- (a) COMPLETION TIME ASSESSMENTS AND RE- (3) Bridge rehabilitation, reconstruction, or ordination activities described in subsection (d). PORTS.— replacement or the construction of grade separa- (c) MEMORANDUM OF AGENCY AGREEMENT.—If (1) IN GENERAL.—For projects funded under tion to replace existing at-grade railroad cross- requested at any time by a State or local plan- title 23, United States Code, the Secretary shall ings. ning agency, the lead agency, in consultation compare— (d) PROGRAMMATIC AGREEMENTS.— with other Federal agencies with relevant juris- (A)(i) the completion times of categorical ex- (1) IN GENERAL.—The Secretary shall seek op- diction in the environmental review process, clusions, environmental assessments, and envi- portunities to enter into programmatic agree- may establish memoranda of agreement with the ronmental impact statements initiated after cal- ments with the States that establish efficient ad- project sponsor, State, and local governments endar year 2005; to ministrative procedures for carrying out envi- and other appropriate entities to accomplish the (ii) the completion times of categorical exclu- ronmental and other required project reviews. early coordination activities described in sub- sions, environmental assessments, and environ- (2) INCLUSIONS.—Programmatic agreements section (d). mental impact statements initiated during a pe- authorized under paragraph (1) may include (d) EARLY COORDINATION ACTIVITIES.—Early riod prior to calendar year 2005; and agreements that allow a State to determine on coordination activities shall include, to the max- (B)(i) the completion times of categorical ex- behalf of the Federal Highway Administration imum extent practicable, the following: clusions, environmental assessments, and envi- whether a project is categorically excluded from (1) Technical assistance on identifying poten- ronmental impact statements initiated during the preparation of an environmental assessment tial impacts and mitigation issues in an inte- the period beginning on January 1, 2005, and or environmental impact statement under the grated fashion. ending on the date of enactment of this Act; to National Environmental Policy Act of 1969 (42 (2) The potential appropriateness of using (ii) the completion times of categorical exclu- U.S.C. 4321 et seq.). planning products and decisions in later envisions, environmental assessments, and environ- (3) DETERMINATIONS.—An agreement described ronmental reviews. mental impact statements initiated after the in paragraph (2) may include determinations by (3) The identification and elimination from date of enactment of this Act. the Secretary of the types of projects categori- detailed study in the environmental review proc- (2) REPORT.—The Secretary shall submit to cally excluded (consistent with section 1508.4 of ess of the issues that are not significant or that the Committee on Transportation and Infra- title 40, Code of Federal Regulations) in the have been covered by prior environmental restructure of the House of Representatives and State in addition to the types listed in sub- views. the Committee on Environment and Public sections (c) and (d) of section 771.117 of title 23, (4) The identification of other environmental Works of the Senate— Code of Federal Regulations (as in effect on the review and consultation requirements so that (A) not later than 1 year after the date of en- date of enactment of this Act). the lead and cooperating agencies may prepare, actment of this Act, a report that—

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(i) describes the results of the review con- (c) SURVEY AND COMPARATIVE ASSESSMENT.— ferred to the department of transportation of the ducted under paragraph (1)(A); and (1) IN GENERAL.—Not later than 18 months State, which shall be responsible for the admin- (ii) identifies any change in the timing for after the date of enactment of this Act, the Sec- istration of the funds.’’; and completions, including the reasons for any such retary, in consultation with relevant State (3) by striking paragraph (5) and inserting the change and the reasons for delays in excess of motor carrier safety personnel, shall conduct a following: 5 years; and survey of each State— ‘‘(5) DERIVATION OF AMOUNT TO BE TRANS- (B) not later than 5 years after the date of en- (A) to evaluate the capability of the State to FERRED.—The amount to be transferred under actment of this Act, a report that— provide adequate parking and rest facilities for paragraph (2) may be derived from the fol- (i) describes the results of the review con- commercial motor vehicles engaged in interstate lowing: ducted under paragraph (1)(B); and transportation; ‘‘(A) The apportionment of the State under (ii) identifies any change in the timing for (B) to assess the volume of commercial motor section 104(b)(l). completions, including the reasons for any such vehicle traffic in the State; and ‘‘(B) The apportionment of the State under change and the reasons for delays in excess of (C) to develop a system of metrics to measure section 104(b)(2).’’. 5 years. the adequacy of commercial motor vehicle park- SEC. 1403. MINIMUM PENALTIES FOR REPEAT OF- (b) ADDITIONAL REPORT.—Not later than 2 ing facilities in the State. FENDERS FOR DRIVING WHILE IN- years after the date of enactment of this Act, (2) RESULTS.—The results of the survey under TOXICATED OR DRIVING UNDER THE the Secretary shall submit to the Committee on paragraph (1) shall be made available to the INFLUENCE. Transportation and Infrastructure of the House public on the website of the Department of (a) DEFINITIONS.—Section 164(a) of title 23, of Representatives and the Committee on Envi- Transportation. United States Code, is amended— ronment and Public Works of the Senate a re- (3) PERIODIC UPDATES.—The Secretary shall (1) by striking paragraph (3); port on the types and justification for the addi- periodically update the survey under this sub- (2) by redesignating paragraphs (4) and (5) as tional categorical exclusions granted under the section. paragraphs (3) and (4), respectively; and authority provided under sections 1316 and 1317. (d) ELECTRIC VEHICLE AND NATURAL GAS VE- (3) in paragraph (4) (as so redesignated) by (c) GAO REPORT.—The Comptroller General of HICLE INFRASTRUCTURE.— striking subparagraph (A) and inserting the fol- the United States shall— (1) IN GENERAL.—Except as provided in para- lowing: (1) assess the reforms carried out under this graph (2), a State may establish electric vehicle ‘‘(A) receive— subtitle (including the amendments made by this charging stations or natural gas vehicle refuel- ‘‘(i) a suspension of all driving privileges for subtitle); and ing stations for the use of battery-powered or not less than 1 year; or (2) not later than 5 years after the date of en- natural gas-fueled trucks or other motor vehi- ‘‘(ii) a suspension of unlimited driving privi- actment of this Act, submit to the Committee on cles at any parking facility funded or author- leges for 1 year, allowing for the reinstatement Transportation and Infrastructure of the House ized under this Act or title 23, United States of limited driving privileges subject to restric- of Representatives and the Committee on Envi- Code. tions and limited exemptions as established by ronment and Public Works of the Senate a re- (2) EXCEPTION.—Electric vehicle battery State law, if an ignition interlock device is in- port that describes the results of the assessment. charging stations or natural gas vehicle refuel- stalled for not less than 1 year on each of the (d) INSPECTOR GENERAL REPORT.—The Inspec- ing stations may not be established or supported tor General of the Department of Transpor- motor vehicles owned or operated, or both, by under paragraph (1) if commercial establish- tation shall— the individual;’’. (1) assess the reforms carried out under this ments serving motor vehicle users are prohibited (b) TRANSFER OF FUNDS.—Section 164(b) of subtitle (including the amendments made by this by section 111 of title 23, United States Code. title 23, United States Code, is amended— subtitle); and (3) FUNDS.—Charging or refueling stations de- (1) by striking paragraph (2) and inserting the (2) submit to the Committee on Transportation scribed in paragraph (1) shall be eligible for the following: and Infrastructure of the House of Representa- same funds as are available for the parking fa- ‘‘(2) FISCAL YEAR 2012 AND THEREAFTER.— tives and the Committee on Environment and cilities in which the stations are located. ‘‘(A) RESERVATION OF FUNDS.—On October 1, Public Works of the Senate— (e) TREATMENT OF PROJECTS.—Notwith- 2011, and each October 1 thereafter, if a State (A) not later than 2 years after the date of en- standing any other provision of law, projects has not enacted or is not enforcing a repeat in- actment of this Act, an initial report of the find- funded through the authority provided under toxicated driver law, the Secretary shall reserve ings of the Inspector General; and this section shall be treated as projects on a an amount equal to 2.5 percent of the funds to (B) not later than 4 years after the date of en- Federal-aid highway under chapter 1 of title 23, be apportioned to the State on that date under actment of this Act, a final report of the find- United States Code. each of paragraphs (1) and (2) of section 104(b) ings. SEC. 1402. OPEN CONTAINER REQUIREMENTS. until the State certifies to the Secretary the Subtitle D—Highway Safety Section 154(c) of title 23, United States Code, means by which the States will use those re- is amended— served funds among the uses authorized under SEC. 1401. JASON’S LAW. (1) by striking paragraph (2) and inserting the subparagraphs (A) and (B) of paragraph (1), (a) IN GENERAL.—It is the sense of Congress following: and paragraph (3). that it is a national priority to address projects ‘‘(2) FISCAL YEAR 2012 AND THEREAFTER.— ‘‘(B) TRANSFER OF FUNDS.—As soon as prac- under this section for the shortage of long-term ‘‘(A) RESERVATION OF FUNDS.—On October 1, ticable after the date of receipt of a certification parking for commercial motor vehicles on the 2011, and each October 1 thereafter, if a State from a State under subparagraph (A), the Sec- National Highway System to improve the safety has not enacted or is not enforcing an open con- retary shall— of motorized and nonmotorized users and for tainer law described in subsection (b), the Sec- ‘‘(i) transfer the reserved funds identified by commercial motor vehicle operators. retary shall reserve an amount equal to 2.5 per- the State for use as described in subparagraphs (b) ELIGIBLE PROJECTS.—Eligible projects cent of the funds to be apportioned to the State (A) and (B) of paragraph (1) to the apportion- under this section are those that— ment of the State under section 402; and (1) serve the National Highway System; and on that date under each of paragraphs (1) and ‘‘(ii) release the reserved funds identified by (2) may include the following: (2) of section 104(b) until the State certifies to (A) Constructing safety rest areas (as defined the Secretary the means by which the State will the State as described in paragraph (3).’’; in section 120(c) of title 23, United States Code) use those reserved funds in accordance with (2) by striking paragraph (3) and inserting the that include parking for commercial motor vehi- subparagraphs (A) and (B) of paragraph (1) following: cles. and paragraph (3). ‘‘(3) USE FOR HIGHWAY SAFETY IMPROVEMENT (B) Constructing commercial motor vehicle ‘‘(B) TRANSFER OF FUNDS.—As soon as prac- PROGRAM.— parking facilities adjacent to commercial truck ticable after the date of receipt of a certification ‘‘(A) IN GENERAL.—A State may elect to use all stops and travel plazas. from a State under subparagraph (A), the Sec- or a portion of the funds transferred under (C) Opening existing facilities to commercial retary shall— paragraph (2) for activities eligible under sec- motor vehicle parking, including inspection and ‘‘(i) transfer the reserved funds identified by tion 148. weigh stations and park-and-ride facilities. the State for use as described in subparagraphs ‘‘(B) STATE DEPARTMENTS OF TRANSPOR- (D) Promoting the availability of publicly or (A) and (B) of paragraph (1) to the apportion- TATION.—If the State makes an election under privately provided commercial motor vehicle ment of the State under section 402; and subparagraph (A), the funds shall be trans- parking on the National Highway System using ‘‘(ii) release the reserved funds identified by ferred to the department of transportation of the intelligent transportation systems and other the State as described in paragraph (3).’’; State, which shall be responsible for the admin- means. (2) by striking paragraph (3) and inserting the istration of the funds.’’; and (E) Constructing turnouts along the National following: (3) by striking paragraph (5) and inserting the Highway System for commercial motor vehicles. ‘‘(3) USE FOR HIGHWAY SAFETY IMPROVEMENT following: (F) Making capital improvements to public PROGRAM.— ‘‘(5) DERIVATION OF AMOUNT TO BE TRANS- commercial motor vehicle parking facilities cur- ‘‘(A) IN GENERAL.—A State may elect to use all FERRED.—The amount to be transferred under rently closed on a seasonal basis to allow the fa- or a portion of the funds transferred under paragraph (2) may be derived from the fol- cilities to remain open year-round. paragraph (2) for activities eligible under sec- lowing: (G) Improving the geometric design of inter- tion 148. ‘‘(A) The apportionment of the State under changes on the National Highway System to im- ‘‘(B) STATE DEPARTMENTS OF TRANSPOR- section 104(b)(1). prove access to commercial motor vehicle park- TATION.—If the State makes an election under ‘‘(B) The apportionment of the State under ing facilities. subparagraph (A), the funds shall be trans- section 104(b)(2).’’.

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00313 Fmt 4634 Sfmt 6333 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H4472 CONGRESSIONAL RECORD — HOUSE June 28, 2012 SEC. 1404. ADJUSTMENTS TO PENALTY PROVI- percent of the amount required to be appor- work zones conducted under traffic in areas SIONS. tioned to any State under each of paragraphs that offer workers no means of escape (such as (a) VEHICLE WEIGHT LIMITATIONS.—Section (1) and (2) of section 104(b) on the first day of tunnels and bridges), unless an engineering 127(a)(1) of title 23, United States Code, is each fiscal year beginning after September 30, study determines otherwise; amended by striking ‘‘No funds shall be appor- 2011, if the State fails to meet the requirements (2) temporary longitudinal traffic barriers are tioned in any fiscal year under section 104(b)(1) of paragraph (3) on the first day of the fiscal used to protect workers on highway construc- of this title to any State which’’ and inserting year.’’; and tion projects in long-duration stationary work ‘‘The Secretary shall withhold 50 percent of the (2) by striking subsection (b) and inserting the zones when the project design speed is antici- apportionment of a State under section 104(b)(1) following: pated to be high and the nature of the work rein any fiscal year in which the State’’. ‘‘(b) EFFECT OF NONCOMPLIANCE.—No funds quires workers to be within 1 lane-width from (b) CONTROL OF JUNKYARDS.—Section 136 of withheld under this section from apportion- the edge of a live travel lane, unless— title 23, United States Code, is amended— ments to any State shall be available for appor- (A) an analysis by the project sponsor deter- (1) in subsection (b), in the first sentence— tionment to that State.’’. mines otherwise; or (A) by striking ‘‘10 per centum’’ and inserting (h) ZERO TOLERANCE BLOOD ALCOHOL CON- (B) the project is outside of an urbanized area ‘‘7 percent’’; and CENTRATION FOR MINORS.—Section 161(a) of title and the annual average daily traffic load of the (B) by striking ‘‘section 104 of this title’’ and 23, United States Code, is amended— applicable road is less than 100 vehicles per inserting ‘‘paragraphs (1) through (5) of section (1) by striking paragraph (1); hour; and 104(b)’’; and (2) by redesignating paragraph (2) as para- (3) when positive protective devices are nec- (2) by adding at the end the following: graph (1); essary for highway construction projects, those ‘‘(n) DEFINITIONS.—For purposes of this sec- (3) in paragraph (1) (as so redesignated)— devices are paid for on a unit-pay basis, unless tion, the terms ‘primary system’ and ‘Federal- (A) by striking the paragraph heading and in- doing so would create a conflict with innovative aid primary system’ mean any highway that is serting ‘‘PRIOR TO FISCAL YEAR 2012’’; and contracting approaches, such as design-build or on the National Highway System, which in- (B) by inserting ‘‘through fiscal year 2011’’ some performance-based contracts under which cludes the Interstate Highway System.’’. after ‘‘each fiscal year thereafter’’; and the contractor is paid to assume a certain risk (c) ENFORCEMENT OF VEHICLE SIZE AND (4) by inserting after paragraph (1) (as so reallocation and payment is generally made on a WEIGHT LAWS.—Section 141(b)(2) of title 23, designated) the following: lump-sum basis. United States Code, is amended— ‘‘(2) FISCAL YEAR 2012 AND THEREAFTER.—The Subtitle E—Miscellaneous (1) by striking ‘‘10 per centum’’ and inserting Secretary shall withhold an amount equal to 8 ‘‘7 percent’’; and SEC. 1501. REAL-TIME RIDESHARING. percent of the amount required to be appor- Paragraph (3) of section 101(a) of title 23, (2) by striking ‘‘section 104 of this title’’ and tioned to any State under each of paragraphs inserting ‘‘paragraphs (1) through (5) of section United States Code (as redesignated by section (1) and (2) of section 104(b) on October 1, 2011, 1103(a)(2)), is amended by striking ‘‘and desig- 104(b)’’. and on October 1 of each fiscal year thereafter, (d) PROOF OF PAYMENT OF THE HEAVY VEHI- nating existing facilities for use for preferential if the State does not meet the requirement of parking for carpools’’ and inserting ‘‘desig- CLE USE TAX.—Section 141(c) of title 23, United paragraph (3) on that date.’’. States Code, is amended— nating existing facilities for use for preferential (i) OPERATION OF MOTOR VEHICLES BY INTOXI- (1) by striking ‘‘section 104(b)(4)’’ each place parking for carpools, and real-time ridesharing CATED PERSONS.—Section 163(e) of title 23, projects, such as projects where drivers, using it appears and inserting ‘‘section 104(b)(1)’’; and United States Code, is amended by striking (2) in the first sentence by striking ‘‘25 per an electronic transfer of funds, recover costs di- paragraphs (1) and (2) and inserting the fol- centum’’ and inserting ‘‘8 percent’’. rectly associated with the trip provided through lowing: (e) USE OF SAFETY BELTS.—Section 153(h) of the use of location technology to quantify those ‘‘(1) FISCAL YEARS 2007 THROUGH 2011.—On Oc- title 23, United States Code, is amended— direct costs, subject to the condition that the tober 1, 2006, and October 1 of each fiscal year (1) by striking paragraph (1); cost recovered does not exceed the cost of the thereafter through fiscal year 2011, if a State (2) by redesignating paragraph (2) as para- trip provided’’. has not enacted or is not enforcing a law de- graph (1); SEC. 1502. PROGRAM EFFICIENCIES. scribed in subsection (a), the Secretary shall (3) in paragraph (1) (as so redesignated)— The first sentence of section 102(b) of title 23, withhold an amount equal to 8 percent of the (A) by striking the paragraph heading and in- United States Code, is amended by striking amounts to be apportioned to the State on that serting ‘‘PRIOR TO FISCAL YEAR 2012’’; and ‘‘made available for such engineering’’ and in- date under each of paragraphs (1), (3), and (4) (B) by inserting ‘‘and before October 1, 2011,’’ serting ‘‘reimbursed for the preliminary engi- of section 104(b). after ‘‘September 30, 1994,’’; and neering’’. ‘‘(2) FISCAL YEAR 2012 AND THEREAFTER.—On (4) by inserting after paragraph (1) (as so re- SEC. 1503. PROJECT APPROVAL AND OVERSIGHT. designated) the following: October 1, 2011, and October 1 of each fiscal year thereafter, if a State has not enacted or is (a) IN GENERAL.—Section 106 of title 23, ‘‘(2) FISCAL YEAR 2012 AND THEREAFTER.—If, at not enforcing a law described in subsection (a), United States Code, is amended— any time in a fiscal year beginning after Sep- (1) in subsection (a)(2) by inserting ‘‘recipi- tember 30, 2011, a State does not have in effect the Secretary shall withhold an amount equal to 6 percent of the amounts to be apportioned to ent’’ before ‘‘formalizing’’; a law described in subsection (a)(2), the Sec- (2) in subsection (c)— retary shall transfer an amount equal to 2 per- the State on that date under each of paragraphs (1) and (2) of section 104(b).’’. (A) in paragraph (1)— cent of the funds apportioned to the State for (i) in the heading, by striking ‘‘NON-INTER- (j) COMMERCIAL DRIVER’S LICENSE.—Section the succeeding fiscal year under each of para- STATE’’; 31314 of title 49, United States Code, is amend- graphs (1) through (3) of section 104(b) to the (ii) by striking ‘‘but not on the Interstate Sys- ed— apportionment of the State under section 402.’’. tem’’; and inserting ‘‘, including projects on the (1) by redesignating subsection (c) as sub- (f) NATIONAL MINIMUM DRINKING AGE.—Sec- Interstate System’’; and section (d); and tion 158(a)(1) of title 23, United States Code, is (iii) by striking ‘‘of projects’’ and all that fol- (2) by inserting after subsection (b) the fol- amended— lows through the period at the end and insert- lowing: (1) by striking ‘‘The Secretary’’ and inserting ing ‘‘with respect to the projects unless the Sec- ‘‘(c) PENALTIES IMPOSED IN FISCAL YEAR 2012 the following: retary determines that the assumption is not ap- AND THEREAFTER.—Effective beginning on Octo- ‘‘(A) FISCAL YEARS BEFORE 2012.—The Sec- propriate.’’; and ber 1, 2011— retary’’; and (B) by striking paragraph (4) and inserting ‘‘(1) the penalty for the first instance of non- (2) by adding at the end the following: the following: compliance by a State under this section shall be ‘‘(B) FISCAL YEAR 2012 AND THEREAFTER.—For ‘‘(4) LIMITATION ON INTERSTATE PROJECTS.— not more than an amount equal to 4 percent of fiscal year 2012 and each fiscal year thereafter, ‘‘(A) IN GENERAL.—The Secretary shall not as- the amount to be withheld under this section funds required to be apportioned to the non- sign any responsibilities to a State for projects shall be an amount equal to 8 percent of the compliant State under paragraphs (1) and (2) of the Secretary determines to be in a high risk amount apportioned to the noncompliant State, section 104(b) of title 23; and category, as defined under subparagraph (B). ‘‘(2) the penalty for subsequent instances of as described in subparagraph (A), under para- ‘‘(B) HIGH RISK CATEGORIES.—The Secretary graphs (1) and (2) of section 104(b).’’. noncompliance shall be not more than an may define the high risk categories under this (g) DRUG OFFENDERS.—Section 159 of title 23, amount equal to 8 percent of funds required to subparagraph on a national basis, a State-by- United States Code, is amended— be apportioned to the noncompliant State under State basis, or a national and State-by-State (1) in subsection (a)— paragraphs (1) and (2) of section 104(b) of title basis, as determined to be appropriate by the (A) by striking paragraph (1); 23.’’. Secretary.’’; (B) by redesignating paragraph (2) as para- SEC. 1405. HIGHWAY WORKER SAFETY. (3) in subsection (e)— graph (1); Not later than 60 days after the date of enact- (A) in paragraph (1)(A)— (C) in paragraph (1) (as so redesignated) by ment of this Act, the Secretary shall modify sec- (i) in the matter preceding clause (i)— striking ‘‘(including any amounts withheld tion 630.1108(a) of title 23, Code of Federal Reg- (I) by striking ‘‘concept’’ and inserting ‘‘plan- under paragraph (1))’’; and ulations (as in effect on the date of enactment ning’’; and (D) by inserting after paragraph (1) (as so re- of this Act), to ensure that— (II) by striking ‘‘multidisciplined’’ and insert- designated) the following: (1) at a minimum, positive protective measures ing ‘‘multidisciplinary’’; and ‘‘(2) FISCAL YEAR 2012 AND THEREAFTER.—The are used to separate workers on highway con- (ii) by striking clause (i) and inserting the fol- Secretary shall withhold an amount equal to 8 struction projects from motorized traffic in all lowing:

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00314 Fmt 4634 Sfmt 6333 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE June 28, 2012 CONGRESSIONAL RECORD — HOUSE H4473 ‘‘(i) providing the needed functions safely, re- vanced modeling technology’ means an avail- scribed in paragraph (1) for the 1-year period liably, and at the lowest overall lifecycle cost;’’; able or developing technology, including 3-di- ending on the date on which the report is sub- (B) in paragraph (2)— mensional digital modeling, that can— mitted. (i) in the matter preceding subparagraph (A) ‘‘(A) accelerate and improve the environ- SEC. 1504. STANDARDS. by striking ‘‘or other cost-reduction analysis’’; mental review process; Section 109 of title 23, United States Code, is (ii) in subparagraph (A)— ‘‘(B) increase effective public participation; amended by adding at the end the following: (I) by striking ‘‘Federal-aid system’’ and in- ‘‘(C) enhance the detail and accuracy of ‘‘(r) PAVEMENT MARKINGS.—The Secretary serting ‘‘National Highway System receiving project designs; shall not approve any pavement markings Federal assistance’’; and ‘‘(D) increase safety; project that includes the use of glass beads con- (II) by striking ‘‘$25,000,000’’ and inserting ‘‘(E) accelerate construction, and reduce containing more than 200 parts per million of ar- ‘‘$50,000,000’’; and struction costs; or senic or lead, as determined in accordance with (iii) in subparagraph (B)— ‘‘(F) otherwise expedite project delivery with (I) by inserting ‘‘on the National Highway Environmental Protection Agency testing meth- respect to transportation projects that receive ods 3052, 6010B, or 6010C.’’. System receiving Federal assistance’’ after ‘‘a Federal funding. SEC. 1505. JUSTIFICATION REPORTS FOR ACCESS bridge project’’; and ‘‘(2) PROGRAM.—With respect to transpor- (II) by striking ‘‘$20,000,000’’ and inserting POINTS ON THE INTERSTATE SYS- tation projects that receive Federal funding, the TEM. ‘‘$40,000,000’’; and Secretary shall encourage the use of advanced (C) by striking paragraph (4) and inserting Section 111 of title 23, United States Code, is modeling technologies during environmental, amended by adding at the end the following: the following: planning, financial management, design, sim- ‘‘(4) REQUIREMENTS.— ‘‘(e) JUSTIFICATION REPORTS.—If the Secretary ulation, and construction processes of the requests or requires a justification report for a ‘‘(A) VALUE ENGINEERING PROGRAM.—The projects. State shall develop and carry out a value engi- project that would add a point of access to, or ‘‘(3) ACTIVITIES.—In carrying out paragraph neering program that— exit from, the Interstate System, the Secretary (2), the Secretary shall— may permit a State transportation department to ‘‘(i) establishes and documents value engi- ‘‘(A) compile information relating to advanced approve the report.’’. neering program policies and procedures; modeling technologies, including industry best ‘‘(ii) ensures that the required value engineer- practices with respect to the use of the tech- SEC. 1506. CONSTRUCTION. ing analysis is conducted before completing the nologies; Section 114(b) of title 23, United States Code, final design of a project; ‘‘(B) disseminate to States information relat- is amended— ‘‘(iii) ensures that the value engineering anal- ing to advanced modeling technologies, includ- (1) in subsection (b)— ysis that is conducted, and the recommendations ing industry best practices with respect to the (A) by striking paragraph (1) and inserting developed and implemented for each project, are use of the technologies; and the following: documented in a final value engineering report; ‘‘(C) promote the use of advanced modeling ‘‘(1) LIMITATION ON CONVICT LABOR.—Convict and technologies. labor shall not be used in construction of Fed- ‘‘(iv) monitors, evaluates, and annually sub- ‘‘(4) COMPREHENSIVE PLAN.—The Secretary eral-aid highways or portions of Federal-aid mits to the Secretary a report that describes the shall develop and publish on the public website highways unless the labor is performed by con- results of the value analyses that are conducted of the Department of Transportation a detailed victs who are on parole, supervised release, or and the recommendations implemented for each and comprehensive plan for the implementation probation.’’; and of the projects described in paragraph (2) that of paragraph (2).’’. (B) in paragraph (3) by inserting ‘‘in existence are completed in the State. (b) REVIEW OF OVERSIGHT PROGRAM.— during that period’’ after ‘‘located on a Federal- ‘‘(B) BRIDGE PROJECTS.—The value engineer- (1) IN GENERAL.—The Secretary shall review aid system’’; and ing analysis for a bridge project under para- the oversight program established under section (2) by adding at the end the following: graph (2) shall— 106(g) of title 23, United States Code, to deter- ‘‘(d) VETERANS EMPLOYMENT.—– ‘‘(i) include bridge superstructure and sub- mine the efficacy of the program in monitoring ‘‘(1) IN GENERAL.—Subject to paragraph (2), a structure requirements based on construction the effective and efficient use of funds author- recipient of Federal financial assistance under material; and ized to carry out title 23, United States Code. this chapter shall, to the extent practicable, en- ‘‘(ii) be evaluated by the State— courage contractors working on a highway ‘‘(I) on engineering and economic bases, tak- (2) MINIMUM REQUIREMENTS FOR REVIEW.—At a minimum, the review under paragraph (1) project funded using the assistance to make a ing into consideration acceptable designs for best faith effort in the hiring or referral of la- bridges; and shall assess the capability of the program to— (A) identify projects funded under title 23, borers on any project for the construction of a ‘‘(II) using an analysis of lifecycle costs and highway to veterans (as defined in section 2108 duration of project construction. United States Code, for which there are cost or schedule overruns; and of title 5) who have the requisite skills and abili- ‘‘(5) DESIGN-BUILD PROJECTS.—A requirement ties to perform the construction work required to provide a value engineering analysis under (B) evaluate the extent of such overruns. (3) REPORT TO CONGRESS.—Not later than 2 under the contract. this subsection shall not apply to a project de- ‘‘(2) ADMINISTRATION.—This subsection shall livered using the design-build method of con- years after the date of enactment of this Act, the Secretary shall transmit to the Committee on not— struction.’’; ‘‘(A) apply to projects subject to section (4) in subsection (h)— Transportation and Infrastructure of the House of Representatives and the Committee on Envi- 140(d); or (A) in paragraph (1)(B) by inserting ‘‘, includ- ‘‘(B) be administered or enforced in any man- ing a phasing plan when applicable’’ after ‘‘fi- ronment and Public Works of the Senate a report on the results of the review conducted ner that would require an employer to give a nancial plan’’; and preference to any veteran over any equally (B) by striking paragraph (3) and inserting under paragraph (1), which shall include rec- qualified applicant who is a member of any ra- the following: ommendations for legislative changes to improve cial or ethnic minority, a female, or any equally ‘‘(3) FINANCIAL PLAN.—A financial plan— the oversight program established under section ‘‘(A) shall be based on detailed estimates of 106(g) of title 23, United States Code. qualified former employee.’’. the cost to complete the project; (c) TRANSPARENCY AND ACCOUNTABILITY.— SEC. 1507. MAINTENANCE. ‘‘(B) shall provide for the annual submission (1) DATA COLLECTION.—The Secretary shall Section 116 of title 23, United States Code, is of updates to the Secretary that are based on compile and make available on the public amended— reasonable assumptions, as determined by the website of the Department of Transportation the (1) by redesignating subsections (a) through Secretary, of future increases in the cost to com- annual expenditure data for funds made avail- (d) as subsections (b) through (e), respectively; plete the project; able under title 23 and chapter 53 of title 49, (2) by inserting before subsection (b) (as so re- ‘‘(C) may include a phasing plan that identi- United States Code. designated) the following: fies fundable incremental improvements or (2) REQUIREMENTS.—In carrying out para- ‘‘(a) DEFINITIONS.—In this section, the fol- phases that will address the purpose and the graph (1), the Secretary shall ensure that the lowing definitions apply: need of the project in the short term in the event data made available on the public website of the ‘‘(1) PREVENTIVE MAINTENANCE.—The term there are insufficient financial resources to com- Department of Transportation— ‘preventive maintenance’ includes pavement plete the entire project. If a phasing plan is (A) is organized by project and State; preservation programs and activities. adopted for a project pursuant to this section, (B) to the maximum extent practicable, is up- ‘‘(2) PAVEMENT PRESERVATION PROGRAMS AND the project shall be deemed to satisfy the fiscal dated regularly to reflect the current status of ACTIVITIES.—The term ‘pavement preservation constraint requirements in the statewide and obligations, expenditures, and Federal-aid programs and activities’ means programs and metropolitan planning requirements in sections projects; and activities employing a network level, long-term 134 and 135; and (C) can be searched and downloaded by users strategy that enhances pavement performance ‘‘(D) shall assess the appropriateness of a of the website. by using an integrated, cost-effective set of public-private partnership to deliver the (3) REPORT TO CONGRESS.—The Secretary shall practices that extend pavement life, improve project.’’; and annually submit to the Committee on Transpor- safety, and meet road user expectations.’’; (5) by adding at the end the following: tation and Infrastructure of the House of Rep- (3) in subsection (b) (as so redesignated)— ‘‘(j) USE OF ADVANCED MODELING TECH- resentatives and the Committee on Environment (A) in the first sentence, by inserting ‘‘or NOLOGIES.— and Public Works and the Committee on Bank- other direct recipient’’ before ‘‘to maintain’’; ‘‘(1) DEFINITION OF ADVANCED MODELING ing, Housing, and Urban Affairs of the Senate and TECHNOLOGY.—In this subsection, the term ‘ad- a report containing a summary of the data de- (B) by striking the second sentence;

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00315 Fmt 4634 Sfmt 6333 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H4474 CONGRESSIONAL RECORD — HOUSE June 28, 2012 (4) by striking subsection (c) (as so redesig- be appropriated to carry out the tribal transpor- way on the Interstate System) and conversion of nated) and inserting the following: tation program under section 202 and the Fed- that highway, bridge, or tunnel to a tolled facil- ‘‘(c) AGREEMENT.—In any State in which the eral lands transportation program under section ity, if the number of toll-free lanes, excluding State transportation department or other direct 203 may be used to pay the non-Federal share of auxiliary lanes, after the construction is not less recipient is without legal authority to maintain the cost of any project that is funded under this than the number of toll-free lanes, excluding a project described in subsection (b), the trans- title or chapter 53 of title 49 and that provides auxiliary lanes, before the construction; portation department or direct recipient shall access to or within Federal or tribal land.’’. ‘‘(C) initial construction of 1 or more lanes or enter into a formal agreement with the appro- SEC. 1509. TRANSFERABILITY OF FEDERAL-AID other improvements that increase the capacity priate officials of the county or municipality in HIGHWAY FUNDS. of a highway, bridge, or tunnel on the Inter- which the project is located to provide for the (a) IN GENERAL.—Section 126 of title 23, state System and conversion of that highway, maintenance of the project.’’; and United States Code, is amended to read as fol- bridge, or tunnel to a tolled facility, if the num- (5) in the first sentence of subsection (d) (as so lows: ber of toll-free non-HOV lanes, excluding auxil- redesignated) by inserting ‘‘or other direct re- ‘‘§ 126. Transferability of Federal-aid highway iary lanes, after such construction is not less cipient’’ after ‘‘State transportation depart- funds than the number of toll-free non-HOV lanes, ex- ment’’. cluding auxiliary lanes, before such construc- ‘‘(a) IN GENERAL.—Notwithstanding any other tion; SEC. 1508. FEDERAL SHARE PAYABLE. provision of law, subject to subsection (b), a Section 120 of title 23, United States Code, is ‘‘(D) reconstruction, resurfacing, restoration, State may transfer from an apportionment rehabilitation, or replacement of a toll highway, amended— under section 104(b) not to exceed 50 percent of (1) in the first sentence of subsection (c)(1)— bridge, or tunnel or approach to the highway, the amount apportioned for the fiscal year to bridge, or tunnel; (A) by inserting ‘‘maintaining minimum levels any other apportionment of the State under that of retroreflectivity of highway signs or pavement ‘‘(E) reconstruction or replacement of a toll- section. free bridge or tunnel and conversion of the markings,’’ after ‘‘traffic control signaliza- ‘‘(b) APPLICATION TO CERTAIN SET-ASIDES.— tion,’’; bridge or tunnel to a toll facility; ‘‘(1) IN GENERAL.—Funds that are subject to ‘‘(F) reconstruction of a toll-free Federal-aid (B) by inserting ‘‘shoulder and centerline sections 104(d) and 133(d) shall not be trans- rumble strips and stripes,’’ after ‘‘pavement highway (other than a highway on the Inter- ferred under this section. state System) and conversion of the highway to marking,’’; and ‘‘(2) FUNDS TRANSFERRED BY STATES.—Funds (C) by striking ‘‘Federal-aid systems’’ and in- a toll facility; transferred by a State under this section of the ‘‘(G) reconstruction, restoration, or rehabilita- serting ‘‘Federal-aid programs’’; funding reserved for the State under section 213 tion of a highway on the Interstate System if (2) by striking subsection (e) and inserting the for a fiscal year may only come from the portion the number of toll-free non-HOV lanes, exclud- following: of those funds that are available for obligation ing auxiliary lanes, after reconstruction, res- ‘‘(e) EMERGENCY RELIEF.—The Federal share in any area of the State under section toration, or rehabilitation is not less than the payable for any repair or reconstruction pro- 213(c)(1)(B).’’. number of toll-free non-HOV lanes, excluding vided for by funds made available under section (b) CONFORMING AMENDMENT.—The analysis auxiliary lanes, before reconstruction, restora- 125 for any project on a Federal-aid highway, for chapter 1 of title 23, United States Code, is tion, or rehabilitation; including the Interstate System, shall not exceed amended by striking the item relating to section ‘‘(H) conversion of a high occupancy vehicle the Federal share payable on a project on the 126 and inserting the following: lane on a highway, bridge, or tunnel to a toll system as provided in subsections (a) and (b), ‘‘126. Transferability of Federal-aid highway facility; and except that— funds.’’. ‘‘(I) preliminary studies to determine the fea- ‘‘(1) the Federal share payable for eligible sibility of a toll facility for which Federal par- emergency repairs to minimize damage, protect SEC. 1510. IDLE REDUCTION TECHNOLOGY. ticipation is authorized under this paragraph. facilities, or restore essential traffic accom- Section 127(a)(12) of title 23, United States Code, is amended— ‘‘(2) OWNERSHIP.—Each highway, bridge, tun- plished within 180 days after the actual occur- nel, or approach to the highway, bridge, or tun- rence of the natural disaster or catastrophic (1) in subparagraph (B), by striking ‘‘400’’ and inserting ‘‘550’’; and nel constructed under this subsection shall— failure may amount to 100 percent of the cost of ‘‘(A) be publicly owned; or the repairs; (2) in subparagraph (C)(ii), by striking ‘‘400- pound’’ and inserting ‘‘550-pound’’. ‘‘(B) be privately owned if the public author- ‘‘(2) the Federal share payable for any repair ity with jurisdiction over the highway, bridge, or reconstruction of Federal land transportation SEC. 1511. SPECIAL PERMITS DURING PERIODS tunnel, or approach has entered into a contract OF NATIONAL EMERGENCY. facilities, Federal land access transportation fa- with 1 or more private persons to design, fi- Section 127 of title 23, United States Code, is cilities, and tribal transportation facilities may nance, construct, and operate the facility and amended by inserting at the end the following: amount to 100 percent of the cost of the repair the public authority will be responsible for com- ‘‘(i) SPECIAL PERMITS DURING PERIODS OF NA- or reconstruction; plying with all applicable requirements of this TIONAL EMERGENCY.— ‘‘(3) the Secretary shall extend the time period title with respect to the facility. ‘‘(1) IN GENERAL.—Notwithstanding any other in paragraph (1) taking into consideration any ‘‘(3) LIMITATIONS ON USE OF REVENUES.— provision of this section, a State may issue spe- delay in the ability of the State to access dam- ‘‘(A) IN GENERAL.—A public authority with ju- cial permits during an emergency to overweight aged facilities to evaluate damage and the cost risdiction over a toll facility shall use all toll vehicles and loads that can easily be dismantled of repair; and revenues received from operation of the toll fa- or divided if— ‘‘(4) the Federal share payable for eligible per- cility only for— ‘‘(A) the President has declared the emergency manent repairs to restore damaged facilities to ‘‘(i) debt service with respect to the projects on to be a major disaster under the Robert T. Staf- predisaster condition may amount to 90 percent or for which the tolls are authorized, including ford Disaster Relief and Emergency Assistance of the cost of the repairs if the eligible expenses funding of reasonable reserves and debt service Act (42 U.S.C. 5121 et seq.); incurred by the State due to natural disasters or on refinancing; catastrophic failures in a Federal fiscal year ex- ‘‘(B) the permits are issued in accordance with ‘‘(ii) a reasonable return on investment of any ceeds the annual apportionment of the State State law; and private person financing the project, as deter- under section 104 for the fiscal year in which ‘‘(C) the permits are issued exclusively to vehi- mined by the State or interstate compact of the disasters or failures occurred.’’; cles and loads that are delivering relief supplies. States concerned; (3) by striking subsection (g) and redesig- ‘‘(2) EXPIRATION.—A permit issued under ‘‘(iii) any costs necessary for the improvement nating subsections (h) through (l) as subsections paragraph (1) shall expire not later than 120 and proper operation and maintenance of the (g) through (k), respectively; days after the date of the declaration of emer- toll facility, including reconstruction, resur- (4) in subsection (i)(1)(A) (as redesignated by gency under subparagraph (A) of that para- facing, restoration, and rehabilitation; paragraph (3)) by striking ‘‘and the Appa- graph.’’. ‘‘(iv) if the toll facility is subject to a public- lachian development highway system program SEC. 1512. TOLLING. private partnership agreement, payments that under section 14501 of title 40’’; and (a) AMENDMENT TO TOLLING PROVISION.—Sec- the party holding the right to toll revenues owes (5) by striking subsections (j) and (k) (as re- tion 129(a) of title 23, United States Code, is to the other party under the public-private part- designated by paragraph (3)) and inserting the amended to read as follows: nership agreement; and following: ‘‘(a) BASIC PROGRAM.— ‘‘(v) if the public authority certifies annually ‘‘(j) USE OF FEDERAL AGENCY FUNDS.—Not- ‘‘(1) AUTHORIZATION FOR FEDERAL PARTICIPA- that the tolled facility is being adequately main- withstanding any other provision of law, any TION.—Subject to the provisions of this section, tained, any other purpose for which Federal Federal funds other than those made available Federal participation shall be permitted on the funds may be obligated by a State under this under this title and title 49 may be used to pay same basis and in the same manner as construc- title. the non-Federal share of the cost of any trans- tion of toll-free highways is permitted under this ‘‘(B) ANNUAL AUDIT.— portation project that is within, adjacent to, or chapter in the— ‘‘(i) IN GENERAL.—A public authority with ju- provides access to Federal land, the Federal ‘‘(A) initial construction of a toll highway, risdiction over a toll facility shall conduct or share of which is funded under this title or bridge, or tunnel or approach to the highway, have an independent auditor conduct an an- chapter 53 of title 49. bridge, or tunnel; nual audit of toll facility records to verify ade- ‘‘(k) USE OF FEDERAL LAND AND TRIBAL ‘‘(B) initial construction of 1 or more lanes or quate maintenance and compliance with sub- TRANSPORTATION FUNDS.—Notwithstanding any other improvements that increase capacity of a paragraph (A), and report the results of the au- other provision of law, the funds authorized to highway, bridge, or tunnel (other than a high- dits to the Secretary.

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‘‘(ii) RECORDS.—On reasonable notice, the of the cost of the project if the project has a rev- (1) in subsection (f)(1)— public authority shall make all records of the enue source specifically dedicated to the project. (A) by striking ‘‘104(b)(4)’’ and inserting public authority pertaining to the toll facility ‘‘(ii) DEDICATED REVENUE SOURCES.—Dedi- ‘‘104(b)(1)’’; and available for audit by the Secretary. cated revenue sources for non-toll facilities in- (B) by inserting ‘‘including the addition of ‘‘(C) NONCOMPLIANCE.—If the Secretary conclude excise taxes, sales taxes, motor vehicle use electric vehicle charging stations or natural gas cludes that a public authority has not complied fees, tax on real property, tax increment financ- vehicle refueling stations,’’ after ‘‘new facili- with the limitations on the use of revenues de- ing, and such other dedicated revenue sources ties,’’; and scribed in subparagraph (A), the Secretary may as the Secretary determines appropriate. (2) by adding at the end the following: require the public authority to discontinue col- ‘‘(B) COMPLIANCE WITH FEDERAL LAWS.—As a ‘‘(g) FUNDING.—The addition of electric vehi- lecting tolls until an agreement with the Sec- condition of receiving a loan under this para- cle charging stations or natural gas vehicle re- retary is reached to achieve compliance with the graph, the public or private entity that receives fueling stations to new or previously funded limitation on the use of revenues described in the loan shall ensure that the project will be parking facilities shall be eligible for funding subparagraph (A). carried out in accordance with this title and under this section.’’. (b) PUBLIC TRANSPORTATION.—Section ‘‘(4) LIMITATIONS ON CONVERSION OF HIGH OC- any other applicable Federal law, including any 142(a)(1) of title 23, United States Code, is CUPANCY VEHICLE FACILITIES ON INTERSTATE SYS- applicable provision of a Federal environmental amended by inserting ‘‘, which may include TEM.— law. ‘‘(A) IN GENERAL.—A public authority with ju- ‘‘(C) SUBORDINATION OF DEBT.—The amount electric vehicle charging stations or natural gas risdiction over a high occupancy vehicle facility of any loan received for a project under this vehicle refueling stations,’’ after ‘‘parking fa- on the Interstate System may undertake recon- paragraph may be subordinated to any other cilities’’. (c) FOREST DEVELOPMENT ROADS AND struction, restoration, or rehabilitation under debt financing for the project. ‘‘(D) OBLIGATION OF FUNDS LOANED.—Funds TRAILS.—Section 205(d) of title 23, United States paragraph (1)(G) on the facility, and may levy loaned under this paragraph may only be obli- Code, is amended by inserting ‘‘, which may in- tolls on vehicles, excluding high occupancy ve- gated for projects under this paragraph. clude electric vehicle charging stations or nat- hicles, using the reconstructed, restored, or re- ‘‘(E) REPAYMENT.—The repayment of a loan ural gas vehicle refueling stations,’’ after habilitated facility, if the public authority— made under this paragraph shall commence not ‘‘(i) in the case of a high occupancy vehicle ‘‘parking areas’’. later than 5 years after date on which the facil- facility that affects a metropolitan area, submits SEC. 1514. HOV FACILITIES. ity that is the subject of the loan is open to traf- Section 166 of title 23, United States Code, is to the Secretary a written assurance that the fic. metropolitan planning organization designated amended— ‘‘(F) TERM OF LOAN.—The term of a loan (1) in subsection (b)(5)— under section 5203 of title 49 for the area has made under this paragraph shall not exceed 30 (A) in subparagraph (A) by striking ‘‘2009’’ been consulted concerning the placement and years from the date on which the loan funds are and inserting ‘‘2017’’; amount of tolls on the converted facility; obligated. (B) in subparagraph (B) by striking ‘‘2009’’ ‘‘(ii) develops, manages, and maintains a sys- ‘‘(G) INTEREST.—A loan made under this and inserting ‘‘2017’’; and tem that will automatically collect the toll; and paragraph shall bear interest at or below market (C) in subparagraph (C)— ‘‘(iii) establishes policies and procedures— interest rates, as determined by the State, to (i) by striking ‘‘subparagraph (B)’’ and insert- ‘‘(I) to manage the demand to use the facility make the project that is the subject of the loan ing ‘‘this paragraph’’; and by varying the toll amount that is charged; and feasible. (ii) by inserting ‘‘or equal to’’ after ‘‘less ‘‘(II) to enforce sanctions for violations of use ‘‘(H) REUSE OF FUNDS.—Amounts repaid to a than’’; of the facility. State from a loan made under this paragraph (2) in subsection (c) by striking paragraph (3) ‘‘(B) EXEMPTION FROM TOLLS.—In levying may be obligated— and inserting the following: tolls on a facility under subparagraph (A), a ‘‘(i) for any purpose for which the loan funds ‘‘(3) TOLL REVENUE.—Toll revenue collected public authority may designate classes of vehi- were available under this title; and under this section is subject to the requirements cles that are exempt from the tolls or charge dif- ‘‘(ii) for the purchase of insurance or for use of section 129(a)(3).’’; and ferent toll rates for different classes of vehicles. as a capital reserve for other forms of credit en- (3) in subsection (d)(1)— ‘‘(5) SPECIAL RULE FOR FUNDING.— hancement for project debt in order to improve (A) in the matter preceding subparagraph ‘‘(A) IN GENERAL.—In the case of a toll facility credit market access or to lower interest rates for (A)— under the jurisdiction of a public authority of a projects eligible for assistance under this title. (i) by striking ‘‘in a fiscal year shall certify’’ State (other than the State transportation de- ‘‘(I) GUIDELINES.—The Secretary shall estab- and inserting ‘‘shall submit to the Secretary a partment), on request of the State transpor- lish procedures and guidelines for making loans report demonstrating that the facility is not al- tation department and subject to such terms and under this paragraph. ready degraded, and that the presence of the ve- conditions as the department and public author- ‘‘(9) STATE LAW PERMITTING TOLLING.—If a hicles will not cause the facility to become de- ity may agree, the Secretary, working through State does not have a highway, bridge, or tun- graded, and certify’’; and the State department of transportation, shall re- nel toll facility as of the date of enactment of (ii) by striking ‘‘in the fiscal year’’; imburse the public authority for the Federal the MAP–21, before commencing any activity (B) in subparagraph (A) by inserting ‘‘and share of the costs of construction of the project authorized under this section, the State shall submitting to the Secretary annual reports of carried out on the toll facility under this sub- have in effect a law that permits tolling on a those impacts’’ after ‘‘adjacent highways’’; (C) in subparagraph (C) by striking ‘‘if the section in the same manner and to the same ex- highway, bridge, or tunnel. presence of the vehicles has degraded the oper- tent as the department would be reimbursed if ‘‘(10) DEFINITIONS.—In this subsection, the ation of the facility’’ and inserting ‘‘whenever the project was being carried out by the depart- following definitions apply: ‘‘(A) HIGH OCCUPANCY VEHICLE; HOV.—The the operation of the facility is degraded’’; and ment. term ‘high occupancy vehicle’ or ‘HOV’ means a (D) by adding at the end the following: ‘‘(B) SOURCE.—The reimbursement of funds ‘‘(D) MAINTENANCE OF OPERATING PERFORM- under this paragraph shall be from sums appor- vehicle with not fewer than 2 occupants. ‘‘(B) INITIAL CONSTRUCTION.— ANCE.—Not later than 180 days after the date on tioned to the State under this chapter and avail- ‘‘(i) IN GENERAL.—The term ‘initial construc- which a facility is degraded pursuant to the able for obligations on projects on the Federal- tion’ means the construction of a highway, standard specified in paragraph (2), the State aid system in the State on which the project is bridge, tunnel, or other facility at any time be- agency with jurisdiction over the facility shall being carried out. fore it is open to traffic. bring the facility into compliance with the min- ‘‘(6) LIMITATION ON FEDERAL SHARE.—The ‘‘(ii) EXCLUSIONS.—The term ‘initial construc- imum average operating speed performance Federal share payable for a project described in tion’ does not include any improvement to a standard through changes to operation of the paragraph (1) shall be a percentage determined highway, bridge, tunnel, or other facility after facility, including— by the State, but not to exceed 80 percent. it is open to traffic. ‘‘(i) increasing the occupancy requirement for ‘‘(7) MODIFICATIONS.—If a public authority ‘‘(C) PUBLIC AUTHORITY.—The term ‘public HOV lanes; (including a State transportation department) authority’ means a State, interstate compact of ‘‘(ii) varying the toll charged to vehicles al- with jurisdiction over a toll facility subject to an States, or public entity designated by a State. lowed under subsection (b) to reduce demand; agreement under this section or section 119(e), ‘‘(D) TOLL FACILITY.—The term ‘toll facility’ ‘‘(iii) discontinuing allowing non-HOV vehi- as in effect on the day before the effective date means a toll highway, bridge, or tunnel or ap- cles to use HOV lanes under subsection (b); or of title I of the Intermodal Surface Transpor- proach to the highway, bridge, or tunnel con- ‘‘(iv) increasing the available capacity of the tation Efficiency Act of 1991 (105 Stat. 1915), re- structed under this subsection.’’. HOV facility. quests modification of the agreement, the Sec- (b) ELECTRONIC TOLL COLLECTION INTEROPER- ‘‘(E) COMPLIANCE.—If the State fails to bring retary shall modify the agreement to allow the ABILITY REQUIREMENTS.—Not later than 4 years a facility into compliance under subparagraph continuation of tolls in accordance with para- after the date of enactment of this Act, all toll (D), the Secretary shall subject the State to ap- graph (3) without repayment of Federal funds. facilities on the Federal-aid highways shall im- propriate program sanctions under section 1.36 ‘‘(8) LOANS.— plement technologies or business practices that of title 23, Code of Federal Regulations (or suc- ‘‘(A) IN GENERAL.— provide for the interoperability of electronic toll cessor regulations), until the performance is no ‘‘(i) LOANS.—Using amounts made available collection programs. longer degraded.’’. under this title, a State may loan to a public or SEC. 1513. MISCELLANEOUS PARKING AMEND- SEC. 1515. FUNDING FLEXIBILITY FOR TRANSPOR- private entity constructing or proposing to con- MENTS. TATION EMERGENCIES. struct under this section a toll facility or non- (a) FRINGE AND CORRIDOR PARKING FACILI- (a) IN GENERAL.—Chapter 1 of title 23, United toll facility with a dedicated revenue source an TIES.—Section 137 of title 23, United States States Code (as amended by section 1311(a)), is amount equal to all or part of the Federal share Code, is amended— amended by adding at the end the following:

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00317 Fmt 4634 Sfmt 6333 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H4476 CONGRESSIONAL RECORD — HOUSE June 28, 2012 ‘‘§ 170. Funding flexibility for transportation SEC. 1519. CONSOLIDATION OF PROGRAMS; RE- process of section 105, a State’’ and inserting ‘‘A emergencies PEAL OF OBSOLETE PROVISIONS. State’’. (a) CONSOLIDATION OF PROGRAMS.—From ad- ‘‘(a) IN GENERAL.—Notwithstanding any other (8) SECTION 133.—Paragraph (13) of section provision of law, a State may use up to 100 per- ministrative funds made available under section 133(b) of title 23, United States Code (as amend- cent of any covered funds of the State to repair 104(a) of title 23, United States Code, not less ed by section 1108(a)(3)), is amended by striking or replace a transportation facility that has suf- than $3,000,000 for each of fiscal years 2013 and ‘‘under section 303.’’ fered serious damage as a result of a natural 2014 shall be made available— (9) SECTION 142.—Section 142 of title 23, United (1) to carry out safety-related activities, in- disaster or catastrophic failure from an external States Code, is amended— cluding— cause. (A) in subsection (a)— (A) to carry out the operation lifesaver pro- ‘‘(b) DECLARATION OF EMERGENCY.—Funds (i) in paragraph (1)— gram— may be used under this section only for a dis- (I) by striking ‘‘motor vehicles (other than (i) to provide public information and edu- aster or emergency declared by the President rail)’’ and inserting ‘‘buses’’; cation programs to help prevent and reduce pursuant to the Robert T. Stafford Disaster Re- (II) by striking ‘‘(hereafter in this section re- motor vehicle accidents, injuries, and fatalities; lief and Emergency Assistance Act (42 U.S.C. ferred to as ‘buses’)’’; and 5121 et seq.). (III) by striking ‘‘Federal-aid systems’’ and (ii) to improve driver performance at railway- ‘‘(c) REPAYMENT.—Funds used under sub- inserting ‘‘Federal-aid highways’’; and highway crossings; and (IV) by striking ‘‘Federal-aid system’’ and in- section (a) shall be repaid to the program from (B) to provide work zone safety grants in ac- which the funds were taken in the event that serting ‘‘Federal-aid highway’’; and cordance with subsections (a) and (b) of section (ii) in paragraph (2)— such repairs or replacement are subsequently 1409 of the SAFETEA–LU (23 U.S.C. 401 note; covered by a supplemental appropriation of (I) by striking ‘‘as a project on the the surface 119 Stat. 1232); and transportation program for’’; and funds. (2) to operate authorized safety-related clear- ‘‘(d) DEFINITIONS.—In this section, the fol- (II) by striking ‘‘section 104(b)(3)’’ and insert- inghouses, including— ing ‘‘section 104(b)(2)’’; lowing definitions apply: (A) the national work zone safety information ‘‘(1) COVERED FUNDS.—The term ‘covered (B) in subsection (b) by striking ‘‘104(b)(4)’’ clearinghouse authorized by section 358(b)(2) of and inserting ‘‘104(b)(1)’’; funds’ means any amounts apportioned to a the National Highway System Designation Act State under section 104(b), other than amounts (C) in subsection (c)— of 1995 (23 U.S.C. 401 note; 109 Stat. 625); and (i) by striking ‘‘system’’ in each place it ap- suballocated to metropolitan areas and other (B) a public road safety clearinghouse in ac- areas of the State under section 133(d), but in- pears and inserting ‘‘highway’’; and cordance with section 1411(a) of the SAFETEA– (ii) by striking ‘‘highway facilities’’ and including any such amounts required to be set LU (23 U.S.C. 402 note; 119 Stat. 1234). aside for a purpose other than the repair or re- serting ‘‘highways eligible under the program (b) REPEALS.— that is the source of the funds’’; placement of a transportation facility under this (1) TITLE 23.— section. (D) in subsection (e)(2) by striking ‘‘Notwith- (A) IN GENERAL.—Sections 105, 110, 117, 124, standing section 209(f)(1) of the Highway Rev- ‘‘(2) TRANSPORTATION FACILITY.—The term 151, 155, 157, 160, 212, 216, 303, and 309 of title ‘transportation facility’ means any facility eligi- enue Act of 1956, the Highway Trust Fund shall 23, United States Code, are repealed. be available for making expenditures to meet ob- ble for assistance under section 125.’’. (B) SET ASIDES.—Section 118 of title 23, United ligations resulting from projects authorized by (b) TECHNICAL AND CONFORMING AMEND- States Code, is amended— subsection (a)(2) of this section and such MENT.—The analysis for chapter 1 of title 23, (i) by striking subsection (c); and projects’’ and inserting ‘‘Projects authorized by United States Code (as amended by section (ii) by redesignating subsections (d) and (e) as subsection (a)(2)’’; and 1311(b)), is amended by adding at the end the subsections (c) and (d), respectively. (E) in subsection (f) by striking ‘‘exits’’ and following: (2) SAFETEA–LU.—Sections 1302, 1305, 1306, inserting ‘‘exists’’. 1803, 1804, 1907, and 1958 of SAFETEA–LU ‘‘170. Funding flexibility for transportation (10) SECTION 145.—Section 145(b) of title 23, (Public Law 109–59) are repealed. emergencies.’’. United States Code, is amended by striking ‘‘sec- (3) ADDITIONAL.—Section 1132 of the Energy SEC. 1516. DEFENSE ACCESS ROAD PROGRAM EN- tion 117 of this title,’’. Independence and Security Act of 2007 (Public HANCEMENTS TO ADDRESS TRANS- (11) SECTION 218.—Section 218 of title 23, Law 110–140; 121 Stat. 1763) is repealed. PORTATION INFRASTRUCTURE IN United States Code, is amended— THE VICINITY OF MILITARY INSTAL- (c) CONFORMING AMENDMENTS.— (A) in subsection (a)— LATIONS. (1) TITLE ANALYSIS.— (i) by striking the first two sentences; The second sentence of section 210(a)(2) of (A) CHAPTER 1.—The analysis for chapter 1 of (ii) in the third sentence— title 23, United States Code, is amended by in- title 23, United States Code, is amended by strik- (I) by striking ‘‘, in addition to such funds,’’; serting ‘‘, in consultation with the Secretary of ing the items relating to sections 105, 110, 117, and Transportation,’’ before ‘‘shall determine’’. 124, 151, 155, 157, and 160. (II) by striking ‘‘such highway or’’; SEC. 1517. MAPPING. (B) CHAPTER 2.—The analysis for chapter 2 of title 23, United States Code, is amended by strik- (iii) by striking the fourth sentence and fifth (a) IN GENERAL.—Section 306 of title 23, ing the items relating to sections 212 and 216. sentences; United States Code, is amended— (B) by striking subsection (b); and HAPTER 3.—The analysis for chapter 3 of (1) in subsection (a) by striking ‘‘may’’ and (C) C title 23, United States Code, is amended by strik- (C) by redesignating subsection (c) as sub- inserting ‘‘shall’’; ing the items relating to sections 303 and 309. section (b). (2) in subsection (b) in the second sentence by ECTION 610 (2) TABLE OF CONTENTS.—The table of con- (12) S .—Section 610(d)(1)(B) of title striking ‘‘State and’’ and inserting ‘‘State gov- tents contained in section 1(b) of SAFETEA–LU 23, United States Code, is amended by striking ernment and’’; and (Public Law 109–59; 119 Stat. 1144) is amended ‘‘under section 105’’. (3) by adding at the end the following: by striking the items relating to sections 1302, SEC. 1520. DENALI COMMISSION. ‘‘(c) IMPLEMENTATION.—The Secretary shall 1305, 1306, 1803, 1804, 1907, and 1958. The Denali Commission Act of 1998 (42 U.S.C. develop a process for the oversight and moni- (3) SECTION 104.—Section 104(e) of title 23, 3121 note) is amended— toring, on an annual basis, of the compliance of United States Code, is amended by striking ‘‘, (1) in section 305, by striking subsection (c) each State with the guidance issued under sub- 105,’’. and inserting the following: section (b).’’. (4) SECTION 109.—Section 109(q) of title 23, ‘‘(c) GIFTS.— (b) SURVEY.—Not later than 2 years after the United States Code, is amended by striking ‘‘in ‘‘(1) IN GENERAL.—Except as provided in para- date of enactment of this Act, the Secretary accordance with section 303 or’’. graph (2), the Commission, on behalf of the shall conduct a survey of all States to determine (5) SECTION 118.—Section 118(b) of title 23, United States, may accept use, and dispose of what percentage of projects carried out under United States Code, is amended— gifts or donations of services, property, or title 23, United States Code, in each State utilize (A) by striking paragraph (1) and all that fol- money for purposes of carrying out this Act. private sector sources for surveying and map- lows through the heading of paragraph (2); and ‘‘(2) CONDITIONAL.—With respect to condi- ping services. (B) by striking ‘‘(other than for Interstate tional gifts— SEC. 1518. BUY AMERICA PROVISIONS. construction)’’. ‘‘(A)(i) the Commission, on behalf of the Section 313 of title 23, United States Code, is (6) SECTION 130.—Section 130 of title 23, United United States, may accept conditional gifts for amended by adding at the end the following: States Code, is amended— purposes of carrying out this Act, if approved by ‘‘(g) APPLICATION TO HIGHWAY PROGRAMS.— (A) in subsection (e) by striking ‘‘section the Federal Cochairperson; and The requirements under this section shall apply 104(b)(5)’’ and inserting ‘‘section 104(b)(3)’’; ‘‘(ii) the principal of and income from any to all contracts eligible for assistance under this (B) in subsection (f)(1) by inserting ‘‘as in ef- such conditional gift shall be held, invested, re- chapter for a project carried out within the fect on the day before the date of enactment of invested, and used in accordance with the con- scope of the applicable finding, determination, the MAP–21’’ after ‘‘section 104(b)(3)(A)’’; and dition applicable to the gift; but or decision under the National Environmental (C) in subsection (l) by striking paragraphs (3) ‘‘(B) no gift shall be accepted that is condi- Policy Act of 1969 (42 U.S.C. 4321 et seq.), re- and (4). tioned on any expenditure not to be funded from gardless of the funding source of such contracts, (7) SECTION 131.—Section 131(m) of title 23, the gift or from the income generated by the gift if at least 1 contract for the project is funded United States Code, is amended by striking unless the expenditure has been approved by with amounts made available to carry out this ‘‘Subject to approval by the Secretary in accord- Act of Congress.’’; and title.’’. ance with the program of projects approval (2) by adding at the end the following:

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00318 Fmt 4634 Sfmt 6333 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE June 28, 2012 CONGRESSIONAL RECORD — HOUSE H4477 ‘‘SEC. 311. TRANSFER OF FUNDS FROM OTHER ‘‘SEC. 214. AGENCY COORDINATION. (A) in the matter preceding subparagraph (A) FEDERAL AGENCIES. ‘‘(a) AGENCY CAPACITY.—Each Federal agency by striking ‘‘, for the period beginning on Octo- ‘‘(a) IN GENERAL.—Subject to subsection (c), responsible for funding or carrying out reloca- ber 6, 1992, and ending on October 1, 2009,’’; for purposes of this Act, the Commission may tion and acquisition activities shall have ade- (B) in subparagraph (A) by striking ‘‘or’’ at accept transfers of funds from other Federal quately trained personnel and such other re- the end; agencies. sources as are necessary to manage and oversee (C) in subparagraph (B) by striking the period ‘‘(b) TRANSFERS.—Any Federal agency au- the relocation and acquisition program of the at the end and inserting ‘‘; or’’; and thorized to carry out an activity that is within Federal agency in accordance with this Act. (D) by adding at the end the following: the authority of the Commission may transfer to ‘‘(b) INTERAGENCY AGREEMENTS.—Not later ‘‘(C) any motor home (as defined in section the Commission any appropriated funds for the than 1 year after the date of enactment of this 571.3 of title 49, Code of Federal Regulations (or activity. section, each Federal agency responsible for successor regulation)).’’; and ‘‘(c) TREATMENT.—Any funds transferred to funding relocation and acquisition activities (3) in paragraph (2)(A) by striking ‘‘For the the Commission under this subsection— (other than the agency serving as the lead agen- period beginning on the date of enactment of ‘‘(1) shall remain available until expended; cy) shall enter into a memorandum of under- this subparagraph and ending on September 30, and standing with the lead agency that— 2009, a’’ and inserting ‘‘A’’. ‘‘(2) may, to the extent necessary to carry out ‘‘(1) provides for periodic training of the per- SEC. 1523. USE OF DEBRIS FROM DEMOLISHED this Act, be transferred to, and merged with, the sonnel of the Federal agency, which in the case BRIDGES AND OVERPASSES. amounts made available by appropriations Acts of a Federal agency that provides Federal fi- Section 1805(a) of the SAFETEA–LU (23 for the Commission by the Federal Cochair- nancial assistance, may include personnel of U.S.C. 144 note; 119 Stat. 1459) is amended by person.’’. any displacing agency that receives Federal fi- striking ‘‘highway bridge replacement and reha- SEC. 1521. UNIFORM RELOCATION ASSISTANCE nancial assistance; bilitation program under section 144’’ and in- AND REAL PROPERTY ACQUISITION ‘‘(2) addresses ways in which the lead agency serting ‘‘national highway performance program POLICIES ACT OF 1970 AMEND- may provide assistance and coordination to the under section 119’’. MENTS. Federal agency relating to compliance with the SEC. 1524. USE OF YOUTH SERVICE AND CON- OVING AND ELATED XPENSES (a) M R E .—Section Act on a program or project basis; and SERVATION CORPS. 202 of the Uniform Relocation Assistance and ‘‘(3) addresses the funding of the training, as- (a) IN GENERAL.—The Secretary shall encour- Real Property Acquisition Policies Act of 1970 sistance, and coordination activities provided by age the States and regional transportation plan- (42 U.S.C. 4622) is amended— the lead agency, in accordance with subsection ning agencies to enter into contracts and coop- (1) in subsection (a)(4) by striking ‘‘$10,000’’ (c). erative agreements with qualified youth service and inserting ‘‘$25,000, as adjusted by regula- ‘‘(c) INTERAGENCY PAYMENTS.— or conservation corps, as defined in sections tion, in accordance with section 213(d)’’; and ‘‘(1) IN GENERAL.—For the fiscal year that be- 122(a)(2) of Public Law 101–610 (42 U.S.C. (2) in the second sentence of subsection (c) by gins 1 year after the date of enactment of this 12572(a)(2)) and 106(c)(3) of Public Law 103–82 striking ‘‘$20,000’’ and inserting ‘‘$40,000, as ad- section, and each fiscal year thereafter, each (42 U.S.C. 12656(c)(3)) to perform appropriate justed by regulation, in accordance with section Federal agency responsible for funding reloca- projects eligible under sections 162, 206, 213, and 213(d)’’. tion and acquisition activities (other than the 217 of title 23, United States Code, and under (b) REPLACEMENT HOUSING FOR HOME- agency serving as the lead agency) shall trans- section 1404 of the SAFETEA–LU (119 Stat. OWNERS.—The first sentence of section 203(a)(1) fer to the lead agency for the fiscal year, such 1228). of the Uniform Relocation Assistance and Real funds as are necessary, but not less than (b) REQUIREMENTS.—Under any contract or Property Acquisition Policies Act of 1970 (42 $35,000, to support the training, assistance, and cooperative agreement entered into with a quali- U.S.C. 4623(a)(1)) is amended— coordination activities of the lead agency de- fied youth service or conservation corps under (1) by striking ‘‘$22,500’’ and inserting scribed in subsection (b). this section, the Secretary shall— ‘‘$31,000, as adjusted by regulation, in accord- ‘‘(2) INCLUDED COSTS.—The cost to a Federal (1) set the amount of a living allowance or ance with 213(d),’’; and agency of providing the funds described in para- rate of pay for each participant in such corps (2) by striking ‘‘one hundred and eighty days graph (1) shall be included as part of the cost of at— prior to’’ and inserting ‘‘90 days before’’. 1 or more programs or projects undertaken by (A) such amount or rate as required under (c) REPLACEMENT HOUSING FOR TENANTS AND the Federal agency or with Federal financial as- State law in a State with such requirements; or CERTAIN OTHERS.—Section 204 of the Uniform sistance that result in the displacement of per- (B) for corps in States not described in sub- Relocation Assistance and Real Property Acqui- sons or the acquisition of real property.’’. paragraph (A), at such amount or rate as deter- sition Policies Act of 1970 (42 U.S.C. 4624) is (f) COOPERATION WITH FEDERAL AGENCIES.— mined by the Secretary, not to exceed the max- amended— Section 308 of title 23, United States Code, is imum living allowance authorized by section 140 (1) in the second sentence of subsection (a) by amended by striking subsection (a) and insert- of Public Law 101–610 (42 U.S.C. 12594); and striking ‘‘$5,250’’ and inserting ‘‘$7,200, as ad- ing the following: (2) not subject such corps to the requirements justed by regulation, in accordance with section ‘‘(a) AUTHORIZED ACTIVITIES.— of section 112 of title 23, United States Code. 213(d)’’; and ‘‘(1) IN GENERAL.—The Secretary may perform, (2) in the second sentence of subsection (b) by SEC. 1525. STATE AUTONOMY FOR CULVERT PIPE by contract or otherwise, authorized engineering SELECTION. striking ‘‘, except’’ and all that follows through or other services in connection with the survey, the end of the subsection and inserting a period. Not later than 180 days after the date of en- construction, maintenance, or improvement of actment of this Act, the Secretary shall modify (d) DUTIES OF LEAD AGENCY.—Section 213 of highways for other Federal agencies, cooper- the Uniform Relocation Assistance and Real section 635.411 of title 23, Code of Federal Regu- ating foreign countries, and State cooperating lations (as in effect on the date of enactment of Property Acquisition Policies Act of 1970 (42 agencies. U.S.C. 4633) is amended— this Act), to ensure that States shall have the ‘‘(2) INCLUSIONS.—Services authorized under autonomy to determine culvert and storm sewer (1) in subsection (b)— paragraph (1) may include activities authorized (A) in paragraph (2) by striking ‘‘and’’ at the material types to be included in the construction under section 214 of the Uniform Relocation As- of a project on a Federal-aid highway. end; sistance and Real Property Acquisition Policies (B) in paragraph (3) by striking the period at Act of 1970. SEC. 1526. EVACUATION ROUTES. the end and inserting ‘‘; and’’; and ‘‘(3) REIMBURSEMENT.—Reimbursement for Each State shall give adequate consideration (C) by adding at the end the following: services carried out under this subsection (in- to the needs of evacuation routes in the State, ‘‘(4) that each Federal agency that has pro- cluding depreciation on engineering and road- including such routes serving or adjacent to fa- grams or projects requiring the acquisition of building equipment) shall be credited to the ap- cilities operated by the Armed Forces, when al- real property or causing a displacement from plicable appropriation.’’. locating funds apportioned to the State under real property subject to the provisions of this (g) EFFECTIVE DATES.— title 23, United States Code, for the construction Act shall provide to the lead agency an annual (1) IN GENERAL.—Except as provided in para- of Federal-aid highways. summary report the describes the activities con- graph (2), the amendments made by this section SEC. 1527. CONSOLIDATION OF GRANTS. ducted by the Federal agency.’’; and shall take effect on the date of enactment of this (a) DEFINITIONS.—In this section, the term (2) by adding at the end the following: Act. ‘‘recipient’’ means— ‘‘(d) ADJUSTMENT OF PAYMENTS.—The head of (2) EXCEPTION.—The amendments made by (1) a State, local, or tribal government, includ- the lead agency may adjust, by regulation, the subsections (a) through (c) shall take effect 2 ing— amounts of relocation payments provided under years after the date of enactment of this Act. (A) a territory of the United States; sections 202(a)(4), 202(c), 203(a), and 204(a) if SEC. 1522. EXTENSION OF PUBLIC TRANSIT VEHI- (B) a transit agency; the head of the lead agency determines that cost CLE EXEMPTION FROM AXLE (C) a port authority; of living, inflation, or other factors indicate that WEIGHT RESTRICTIONS. (D) a metropolitan planning organization; or the payments should be adjusted to meet the Section 1023(h) of the Intermodal Surface (E) any other political subdivision of a State policy objectives of this Act.’’. Transportation Efficiency Act of 1991 (23 U.S.C. or local government; (e) AGENCY COORDINATION.—Title II of the 127 note; Public Law 102–240) is amended— (2) a multistate or multijurisdictional group, if Uniform Relocation Assistance and Real Prop- (1) in the heading of paragraph (1) by striking each member of the group is an entity described erty Acquisition Policies Act of 1970 is amended ‘‘TEMPORARY EXEMPTION’’ and inserting ‘‘EX- in paragraph (1); and by inserting after section 213 (42 U.S.C. 4633) the EMPTION’’; (3) a public-private partnership, if both par- following: (2) in paragraph (1)— ties are engaged in building the project.

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(b) CONSOLIDATION.— (b) MODIFIED FEDERAL SHARE FOR PROJECTS Environment and Public Works of the Senate a (1) IN GENERAL.—A recipient that receives ON ADHS.—For fiscal years 2012 through 2021, budget justification for each agency of the De- multiple grant awards from the Department to the Federal share payable for the cost of con- partment concurrently with the annual budget support 1 multimodal project may request that structing highways and access roads on the Ap- submission of the President to Congress under the Secretary designate 1 modal administration palachian development highway system under section 1105(a) of title 31, United States Code. in the Department to be the lead administering section 14501 of title 40, United States Code, SEC. 1533. PROHIBITION ON USE OF FUNDS FOR authority for the overall project. with funds made available to a State for fiscal AUTOMATED TRAFFIC ENFORCE- (2) NEW STARTS.—Any project that includes year 2012 or a previous fiscal year for the Appa- MENT. funds awarded under section 5309 of title 49, lachian development highway system program, (a) DEFINITION OF AUTOMATED TRAFFIC EN- United States Code, shall be exempt from con- or with funds made available for fiscal year 2012 FORCEMENT SYSTEM.—In this section, the term solidation under this section unless the grant re- or a previous fiscal year for a specific project, ‘‘automated traffic enforcement system’’ means cipient requests the Federal Transit Administra- route, or corridor on that system, shall be 100 any camera that captures an image of a vehicle tion to be the lead administering authority. percent. for the purposes of traffic law enforcement. (3) REVIEW.— (c) FEDERAL SHARE FOR OTHER FUNDS USED (b) USE OF FUNDS.—Except as provided in (A) IN GENERAL.—Not later than 30 days after ON ADHS.—For fiscal years 2012 through 2021, subsection (c), for fiscal years 2013 and 2014, the date on which a request under paragraph the Federal share payable for the cost of con- funds apportioned to a State under section (1) is made, the Secretary shall review the re- structing highways and access roads on the Ap- 104(b)(3) of title 23, United States Code, may not quest and approve or deny the designation of a palachian development highway system under be used for any program to purchase, operate, single modal administration as the lead admin- section 14501 of title 40, United States Code, or maintain an automated traffic enforcement istering authority and point of contact for the with Federal funds apportioned to a State for a system. Department. program other than the Appalachian develop- (c) EXCEPTION.—Subsection (b) shall not (B) NOTIFICATION.— ment highway system program shall be 100 per- apply to automated traffic enforcement systems (i) IN GENERAL.—The Secretary shall notify cent. used to improve safety in school zones. the requestor of the decision of the Secretary (d) COMPLETION PLAN.— SEC. 1534. PUBLIC-PRIVATE PARTNERSHIPS. under subparagraph (A) in such form and at (1) IN GENERAL.—Subject to paragraph (2), not such time as the Secretary and the requestor (a) BEST PRACTICES.—The Secretary shall later than 1 year after the date of enactment of compile, and make available to the public on the agree. the MAP–21, each State represented on the Ap- (ii) DENIAL.—If a request is denied, the Sec- website of the Department, best practices on palachian Regional Commission shall establish how States, public transportation agencies, and retary shall provide the requestor with a de- a plan for the completion of the designated cor- tailed explanation of the reasoning of the Sec- other public officials can work with the private ridors of the Appalachian development highway sector in the development, financing, construc- retary with the notification under clause (i). system within the State, including annual per- (c) DUTIES.— tion, and operation of transportation facilities. formance targets, with a target completion date. (1) IN GENERAL.—A modal administration des- (b) CONTENTS.—The best practices compiled (2) SIGNIFICANT UNCOMPLETED MILES.—If the ignated as a lead administering authority under under subsection (a) shall include polices and percentage of remaining Appalachian develop- this section shall— techniques to ensure that the interests of the (A) be responsible for leading and coordi- ment highway system needs for a State, accord- traveling public and State and local govern- nating the integrated project management team, ing to the latest cost to complete estimate for the ments are protected in any agreement entered which shall consist of all of the other modal ad- Appalachian development highway system, is into with the private sector for the development, ministrations in the Department relating to the greater than 15 percent of the total cost to com- financing, construction, and operation of trans- multimodal project; and plete estimate for the entire Appalachian devel- portation facilities. (B) to the extent feasible during the first 30 opment highway system, the State shall not es- (c) TECHNICAL ASSISTANCE.—The Secretary, on days of carrying out the multimodal project, tablish a plan under paragraph (1) that would request, may provide technical assistance to identify overlapping or duplicative regulatory result in a reduction of obligated funds for the States, public transportation agencies, and requirements that exist for the project and pro- Appalachian development highway system with- other public officials regarding proposed public- pose a single, streamlined approach to meeting in the State for any subsequent fiscal year. private partnership agreements for the develop- all of the applicable regulatory requirements SEC. 1529. ENGINEERING JUDGMENT. ment, financing, construction, and operation of through the activities described in subsection Not later than 90 days after the date of enact- transportation facilities, including assistance in (d). ment of this Act, the Secretary shall issue guid- analyzing whether the use of a public-private (2) ADMINISTRATION.— ance to State transportation departments clari- partnership agreement would provide value (A) IN GENERAL.—The Secretary shall transfer fying that the standards, guidance, and options compared with traditional public delivery meth- all amounts that have been awarded for the for design and application of traffic control de- ods. multimodal project to the modal administration vices provided in the Manual on Uniform Traf- (d) STANDARD TRANSACTION CONTRACTS.— designated as the lead administering authority. fic Control Devices should not be considered a (1) DEVELOPMENT.—Not later than 18 months (B) OPTION.— substitute for engineering judgment. after the date of enactment of this Act, the Sec- (i) IN GENERAL.—Participation under this sec- SEC. 1530. TRANSPORTATION TRAINING AND EM- retary shall develop standard public-private tion shall be optional for recipients, and no re- PLOYMENT PROGRAMS. partnership transaction model contracts for the cipient shall be required to participate. To encourage the development of careers in most popular types of public-private partner- (ii) SECRETARIAL DUTIES.—The Secretary is the transportation field, the Secretary of Edu- ships for the development, financing, construc- not required to identify every recipient that may cation and the Secretary of Labor are encour- tion, and operation of transportation facilities. be eligible to participate under this section. aged to use funds for training and employment (2) USE.—The Secretary shall encourage (d) COOPERATION.— education programs— States, public transportation agencies, and (1) IN GENERAL.—The Secretary and modal ad- (1) to develop programs for transportation-re- other public officials to use the model contracts ministrations with relevant jurisdiction over a lated careers and trades; and as a base template when developing their own multimodal project should cooperate on project (2) to work with the Secretary to carry out public-private partnership agreements for the review and delivery activities at the earliest programs developed under paragraph (1). development, financing, construction, and oper- practicable time. SEC. 1531. NOTICE OF CERTAIN GRANT AWARDS. ation of transportation facilities. (2) PURPOSES.—The purposes of the coopera- (a) DEFINITION OF COVERED GRANT AWARD.— tion under paragraph (1) are— SEC. 1535. REPORT ON HIGHWAY TRUST FUND EX- (A) to avoid delays and duplication of effort In this section, the term ‘‘covered grant award’’ PENDITURES. later in the process; means a grant award— (a) INITIAL REPORT.—Not later than 150 days (B) to prevent potential conflicts; and (1) made— after the date of enactment of this Act, the (C) to ensure that planning and project devel- (A) by the Department; and Comptroller General of the United States shall opment decisions are made in a streamlined (B) with funds made available under this Act; submit to Congress a report describing the ac- manner and consistent with applicable law. and tivities funded from the Highway Trust Fund (e) APPLICABILITY.—Nothing in this section (2) in an amount equal to or greater than during each of fiscal years 2009 through 2011, shall— $500,000. including for purposes other than construction (1) supersede, amend, or modify the National (b) NOTICE.—Except to the extent otherwise and maintenance of highways and bridges. Environmental Policy Act of 1969 (42 U.S.C. 4321 expressly provided in another provision of law, (b) UPDATES.—Not later than 5 years after the et seq.) or any other Federal environmental law; at least 3 business days before a covered grant date on which the report is submitted under or award is announced, the Secretary shall provide subsection (a) and every 5 years thereafter, the (2) affect the responsibility of any Federal of- to the Committee on Transportation and Infra- Comptroller General of the United States shall ficer to comply with or enforce any law de- structure of the House of Representatives and submit to Congress a report that updates the in- scribed in paragraph (1). the Committee on Environment and Public formation provided in the report under that sub- SEC. 1528. APPALACHIAN DEVELOPMENT HIGH- Works of the Senate written notice of the cov- section for the applicable 5-year period. WAY SYSTEM. ered grant award. (c) INCLUSIONS.—A report submitted under (a) SENSE OF THE SENATE.—It is the Sense of SEC. 1532. BUDGET JUSTIFICATION. subsection (a) or (b) shall include information the Senate that the timely completion of the Ap- The Secretary shall submit to the Committee similar to the information included in the report palachian development highway system is a on Transportation and Infrastructure of the of the Government Accountability Office num- transportation priority in the national interest. House of Representatives and the Committee on bered ‘‘GAO–09–729R’’ and entitled ‘‘Highway

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Trust Fund Expenditures on Purposes Other (2) SECRETARY.—The term ‘‘Secretary’’ means ‘‘(B) items designed to promote tourism in the Than Construction and Maintenance of High- the Secretary of the Army, acting through the State, limited to books, DVDs, and other media; ways and Bridges During Fiscal Years 2004– Chief of Engineers. ‘‘(C) tickets for events or attractions in the 2008’’. (b) EXPEDITED STUDY AND REPORT.— State of a historical or tourism-related nature; SEC. 1536. SENSE OF CONGRESS ON HARBOR (1) IN GENERAL.—The Secretary shall— ‘‘(D) travel-related information, including MAINTENANCE. (A) expedite completion of the report for the maps, travel booklets, and hotel coupon book- (a) FINDINGS.—Congress finds that— study authorized by section 3061(d) of the Water lets; and (1) there are 926 coastal, Great Lakes, and in- Resources Development Act of 2007 (Public Law ‘‘(E) lottery machines, provided that the pri- land harbors maintained by the Corps of Engi- 110–114; 121 Stat. 1121); and ority afforded to blind vendors under subsection neers; (B) if the Secretary determines a project is jus- (c) applies to this subparagraph. (2) according to the Bureau of Transportation tified in the completed report, proceed directly ‘‘(3) PRIVATE OPERATORS.—A State may permit Statistics— to project preconstruction engineering and de- a private party to operate such commercial ac- (A) in 2009, the ports and waterways of the sign. tivities. United States handled more than 2,200,000,000 (2) FOCUS.—In expediting the completion of ‘‘(4) LIMITATION ON USE OF REVENUES.—A short tons of imports, exports, and domestic the study and report under paragraph (1), the State shall use any revenues received from the shipments; and Secretary shall focus on— commercial activities in a rest area under this (B) in 2010, United States ports were respon- (A) the prevention of the spread of aquatic section to cover the costs of acquiring, con- sible for more than $1,400,000,000,000 in water- nuisance species between the Great Lakes and structing, operating, and maintaining rest areas borne imports and exports; Mississippi River Basins, such as through the in the State.’’. (3) according to the Congressional Research permanent hydrological separation of the Great (b) CONTROL OF OUTDOOR ADVERTISING.—Sec- Service, full channel dimensions are, on aver- Lakes and Mississippi River Basins; and tion 131(i) of title 23, United States Code, is age, available approximately 1⁄3 of the time at (B) the watersheds of the following rivers and amended by adding at the end the following: the 59 harbors of the United States with the tributaries associated with the Chicago Area ‘‘A State may permit the installation of signs highest use rates; Waterway System: that acknowledge the sponsorship of rest areas (4) in 1986, Congress created the Harbor Main- (i) The Illinois River, at and in the vicinity of within such rest areas or along the main trav- tenance Trust Fund to provide funds for the op- Chicago, Illinois. eled way of the system, provided that such signs eration and maintenance of the navigation (ii) The Chicago River, Calumet River, North shall not affect the safe and efficient utilization channels of the United States; Shore Channel, Chicago Sanitary and Ship of the Interstate System and the primary system. (5) in fiscal year 2012, the Harbor Mainte- Canal, and Cal-Sag Channel in the State of Illi- The Secretary shall establish criteria for the in- nance Trust Fund is expected to grow from nois. stallation of such signs on the main traveled $6,280,000,000 to $7,011,000,000, an increase of (iii) The Grand Calumet River and Little Cal- way, including criteria pertaining to the place- approximately 13 percent; umet River in the States of Illinois and Indiana. ment of rest area sponsorship acknowledgment (6) despite growth of the Harbor Maintenance (3) EFFICIENT USE OF FUNDS.—The Secretary signs in relation to the placement of advance Trust Fund, expenditures from the Harbor shall ensure the efficient use of funds to maxi- guide signs for rest areas.’’. Maintenance Trust Fund have not been suffi- mize the timely completion of the study and re- Subtitle F—Gulf Coast Restoration ciently spent; and port under paragraph (1). (7) inadequate investment in dredging needs is SEC. 1601. SHORT TITLE. (4) DEADLINE.—The Secretary shall complete restricting access to the ports of the United This subtitle may be cited as the ‘‘Resources the report under paragraph (1) by not later than States for domestic shipping, imports, and ex- and Ecosystems Sustainability, Tourist Oppor- 18 months after the date of enactment of this ports and therefore threatening the economic tunities, and Revived Economies of the Gulf Act. competitiveness of the United States. Coast States Act of 2012’’. (5) INTERIM REPORT.—Not later than 90 days (b) SENSE OF CONGRESS.—It is the sense of after the date of enactment of this Act, the Sec- SEC. 1602. GULF COAST RESTORATION TRUST Congress that— FUND. retary shall submit to the Committees on Appro- (1) the Administration should request full use (a) ESTABLISHMENT.—There is established in priations of the House of Representatives and of the Harbor Maintenance Trust Fund for op- the Treasury of the United States a trust fund Senate, the Committee on Environment and erating and maintaining the navigation chan- to be known as the ‘‘Gulf Coast Restoration Public Works of the Senate, and the Committee nels of the United States; Trust Fund’’ (referred to in this section as the on Transportation and Infrastructure of the (2) the amounts in the Harbor Maintenance ‘‘Trust Fund’’), consisting of such amounts as House of Representatives a report describing— Trust Fund should be fully expended to operate are deposited in the Trust Fund under this Act (A) interim milestones that will be met prior to and maintain the navigation channels of the or any other provision of law. final completion of the study and report under United States; and (b) TRANSFERS.—The Secretary of the Treas- (3) Congress should ensure that other pro- paragraph (1); and ury shall deposit in the Trust Fund an amount grams, projects, and activities of the Civil Works (B) funding necessary for completion of the equal to 80 percent of all administrative and Program of the Corps of Engineers, especially study and report under paragraph (1), including civil penalties paid by responsible parties after those programs, projects, and activities relating funding necessary for completion of each in- the date of enactment of this Act in connection to inland navigation and flood control, are not terim milestone identified under subparagraph with the explosion on, and sinking of, the mo- adversely impacted. (A). bile offshore drilling unit Deepwater Horizon SEC. 1537. ESTIMATE OF HARBOR MAINTENANCE SEC. 1539. REST AREAS. pursuant to a court order, negotiated settlement, NEEDS. (a) AGREEMENTS RELATING TO USE OF AND AC- or other instrument in accordance with section For fiscal year 2014 and each fiscal year CESS TO RIGHTS-OF-WAY—INTERSTATE SYSTEM.— 311 of the Federal Water Pollution Control Act thereafter, the President’s budget request sub- Section 111 of title 23, United States Code, is (33 U.S.C. 1321). mitted pursuant to section 1105 of title 31, amended— (c) EXPENDITURES.—Amounts in the Trust United States Code, shall include— (1) in subsection (a) in the second sentence by Fund, including interest earned on advances to (1) an estimate of the nationwide average striking the period and inserting ‘‘and will not the Trust Fund and proceeds from investment availability, expressed as a percentage, of the change the boundary of any right-of-way on the under subsection (d), shall— authorized depth and authorized width of all Interstate System to accommodate construction (1) be available for expenditure, without fur- navigation channels authorized to be main- of, or afford access to, an automotive service ther appropriation, solely for the purpose and tained using appropriations from the Harbor station or other commercial establishment.’’; eligible activities of this subtitle and the amend- Maintenance Trust Fund that would result from (2) by redesignating subsections (b) and (c) as ments made by this subtitle; and harbor maintenance activities to be funded by subsections (c) and (d), respectively; and (2) remain available until expended, without the budget request; and (3) by inserting after subsection (a) the fol- fiscal year limitation. (2) an estimate of the average annual amount lowing: (d) INVESTMENT.—Amounts in the Trust Fund of appropriations from the Harbor Maintenance ‘‘(b) REST AREAS.— shall be invested in accordance with section 9702 Trust Fund that would be required to increase ‘‘(1) IN GENERAL.—Notwithstanding subsection of title 31, United States Code, and any interest that average availability to 95 percent over a 3- (a), the Secretary shall permit a State to ac- on, and proceeds from, any such investment year period. quire, construct, operate, and maintain a rest shall be available for expenditure in accordance SEC. 1538. ASIAN CARP. area along a highway on the Interstate System with this subtitle and the amendments made by (a) DEFINITIONS.—In this section: in such State. this subtitle. (1) HYDROLOGICAL SEPARATION.—The term ‘‘(2) LIMITED ACTIVITIES.—The Secretary shall (e) ADMINISTRATION.—Not later than 180 days ‘‘hydrological separation’’ means a physical permit limited commercial activities within a rest after the date of enactment of this Act, after separation on the Chicago Area Waterway Sys- area under paragraph (1), if the activities are providing notice and an opportunity for public tem that— available only to customers using the rest area comment, the Secretary of the Treasury, in con- (A) would disconnect the Mississippi River and are limited to— sultation with the Secretary of the Interior and watershed from the Lake Michigan watershed; ‘‘(A) commercial advertising and media dis- the Secretary of Commerce, shall establish such and plays if such advertising and displays are— procedures as the Secretary determines to be (B) shall be designed to be adequate in scope ‘‘(i) exhibited solely within any facility con- necessary to deposit amounts in, and expend to prevent the transfer of all aquatic species be- structed in the rest area; and amounts from, the Trust Fund pursuant to this tween each of those bodies of water. ‘‘(ii) not legible from the main traveled way; subtitle, including—

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00321 Fmt 4634 Sfmt 6333 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H4480 CONGRESSIONAL RECORD — HOUSE June 28, 2012 (1) procedures to assess whether the programs (3) by adding at the end the following: ‘‘(I) 70 percent shall be provided directly to and activities carried out under this subtitle and ‘‘(t) GULF COAST RESTORATION AND RECOV- the State in accordance with this subsection. the amendments made by this subtitle achieve ERY.— ‘‘(II) 30 percent shall be provided directly to compliance with applicable requirements, in- ‘‘(1) STATE ALLOCATION AND EXPENDITURES.— parishes in the coastal zone (as defined in sec- cluding procedures by which the Secretary of ‘‘(A) IN GENERAL.—Of the total amounts made tion 304 of the Coastal Zone Management Act of the Treasury may determine whether an expend- available in any fiscal year from the Trust 1972 (16 U.S.C. 1453)) of the State of Louisiana iture by a Gulf Coast State or coastal political Fund, 35 percent shall be available, in accord- according to the following weighted formula: subdivision (as those terms are defined in sec- ance with the requirements of this section, to ‘‘(aa) 40 percent based on the weighted aver- tion 311 of the Federal Water Pollution Control the Gulf Coast States in equal shares for ex- age of miles of the parish shoreline oiled. Act (33 U.S.C. 1321)) pursuant to such a pro- penditure for ecological and economic restora- ‘‘(bb) 40 percent based on the weighted aver- gram or activity achieves compliance; tion of the Gulf Coast region in accordance with age of the population of the parish. (2) auditing requirements to ensure that this subsection. ‘‘(cc) 20 percent based on the weighted aver- amounts in the Trust Fund are expended as in- ‘‘(B) USE OF FUNDS.— age of the land mass of the parish. tended; and ‘‘(i) ELIGIBLE ACTIVITIES IN THE GULF COAST ‘‘(ii) CONDITIONS.— (3) procedures for identification and alloca- REGION.—Subject to clause (iii), amounts pro- ‘‘(I) LAND USE PLAN.—As a condition of re- tion of funds available to the Secretary under vided to the Gulf Coast States under this sub- ceiving amounts allocated under this para- other provisions of law that may be necessary to section may only be used to carry out 1 or more graph, the chief executive of the eligible parish pay the administrative expenses directly attrib- of the following activities in the Gulf Coast re- shall certify to the Governor of the State that utable to the management of the Trust Fund. gion: the parish has completed a comprehensive land (f) SUNSET.—The authority for the Trust Fund ‘‘(I) Restoration and protection of the natural use plan. shall terminate on the date all funds in the resources, ecosystems, fisheries, marine and ‘‘(II) OTHER CONDITIONS.—A coastal political Trust Fund have been expended. wildlife habitats, beaches, and coastal wetlands subdivision receiving funding under this para- SEC. 1603. GULF COAST NATURAL RESOURCES of the Gulf Coast region. graph shall meet all of the conditions in sub- ‘‘(II) Mitigation of damage to fish, wildlife, RESTORATION AND ECONOMIC RE- paragraph (E). COVERY. and natural resources. ‘‘(E) CONDITIONS.—As a condition of receiving Section 311 of the Federal Water Pollution ‘‘(III) Implementation of a federally approved amounts from the Trust Fund, a Gulf Coast Control Act (33 U.S.C. 1321) is amended— marine, coastal, or comprehensive conservation State, including the entities described in sub- (1) in subsection (a)— management plan, including fisheries moni- paragraph (F), or a coastal political subdivision (A) in paragraph (25)(B), by striking ‘‘and’’ at toring. the end; ‘‘(IV) Workforce development and job cre- shall— (B) in paragraph (26)(D), by striking the pe- ation. ‘‘(i) agree to meet such conditions, including riod at the end and inserting a semicolon; and ‘‘(V) Improvements to or on State parks lo- audit requirements, as the Secretary of the (C) by adding at the end the following: cated in coastal areas affected by the Deepwater Treasury determines necessary to ensure that ‘‘(27) the term ‘best available science’ means Horizon oil spill. amounts disbursed from the Trust Fund will be science that— ‘‘(VI) Infrastructure projects benefitting the used in accordance with this subsection; ‘‘(A) maximizes the quality, objectivity, and economy or ecological resources, including port ‘‘(ii) certify in such form and in such manner integrity of information, including statistical in- infrastructure. as the Secretary of the Treasury determines nec- formation; ‘‘(VII) Coastal flood protection and related in- essary that the project or program for which the ‘‘(B) uses peer-reviewed and publicly avail- frastructure. Gulf Coast State or coastal political subdivision able data; and ‘‘(VIII) Planning assistance. is requesting amounts— ‘‘(C) clearly documents and communicates ‘‘(IX) Administrative costs of complying with ‘‘(I) is designed to restore and protect the nat- risks and uncertainties in the scientific basis for this subsection. ural resources, ecosystems, fisheries, marine and such projects; ‘‘(ii) ACTIVITIES TO PROMOTE TOURISM AND wildlife habitats, beaches, coastal wetlands, or ‘‘(28) the term ‘Chairperson’ means the Chair- SEAFOOD IN THE GULF COAST REGION.—Amounts economy of the Gulf Coast; person of the Council; provided to the Gulf Coast States under this ‘‘(II) carries out 1 or more of the activities de- ‘‘(29) the term ‘coastal political subdivision’ subsection may be used to carry out 1 or more of scribed in clauses (i) and (ii) of subparagraph means any local political jurisdiction that is im- the following activities: (B); mediately below the State level of government, ‘‘(I) Promotion of tourism in the Gulf Coast ‘‘(III) was selected based on meaningful input including a county, parish, or borough, with a Region, including recreational fishing. from the public, including broad-based partici- coastline that is contiguous with any portion of ‘‘(II) Promotion of the consumption of seafood pation from individuals, businesses, and non- the United States Gulf of Mexico; harvested from the Gulf Coast Region. profit organizations; and ‘‘(30) the term ‘Comprehensive Plan’ means ‘‘(iii) LIMITATION.— ‘‘(IV) in the case of a natural resource protec- the comprehensive plan developed by the Coun- ‘‘(I) IN GENERAL.—Of the amounts received by tion or restoration project, is based on the best cil pursuant to subsection (t); a Gulf Coast State under this subsection, not available science; ‘‘(31) the term ‘Council’ means the Gulf Coast more than 3 percent may be used for administra- ‘‘(iii) certify that the project or program and Ecosystem Restoration Council established pur- tive costs eligible under clause (i)(IX). the awarding of a contract for the expenditure suant to subsection (t); ‘‘(II) CLAIMS FOR COMPENSATION.—Activities of amounts received under this paragraph are ‘‘(32) the term ‘Deepwater Horizon oil spill’ funded under this subsection may not be inconsistent with the standard procurement rules means the blowout and explosion of the mobile cluded in any claim for compensation paid out and regulations governing a comparable project offshore drilling unit Deepwater Horizon that by the Oil Spill Liability Trust Fund after the or program in that State, including all applica- occurred on April 20, 2010, and resulting hydro- date of enactment of this subsection. ble competitive bidding and audit requirements; carbon releases into the environment; ‘‘(C) COASTAL POLITICAL SUBDIVISIONS.— and ‘‘(33) the term ‘Gulf Coast region’ means— ‘‘(i) DISTRIBUTION.—In the case of a State ‘‘(iv) develop and submit a multiyear imple- ‘‘(A) in the Gulf Coast States, the coastal where the coastal zone includes the entire mentation plan for the use of such amounts, zones (as that term is defined in section 304 of State— which may include milestones, projected comple- the Coastal Zone Management Act of 1972 (16 ‘‘(I) 75 percent of funding shall be provided tion of each activity, and a mechanism to evalu- U.S.C. 1453)), except that, in this section, the directly to the 8 disproportionately affected ate the success of each activity in helping to re- term ‘coastal zones’ includes land within the counties impacted by the Deepwater Horizon oil store and protect the Gulf Coast region impacted coastal zones that is held in trust by, or the use spill; and of which is by law subject solely to the discre- ‘‘(II) 25 percent shall be provided directly to by the Deepwater Horizon oil spill. tion of, the Federal Government or officers or nondisproportionately impacted counties within ‘‘(F) APPROVAL BY STATE ENTITY, TASK FORCE, agents of the Federal Government)) that border the State. OR AGENCY.—The following Gulf Coast State en- the Gulf of Mexico; ‘‘(ii) NONDISPROPORTIONATELY IMPACTED tities, task forces, or agencies shall carry out the ‘‘(B) any adjacent land, water, and water- COUNTIES.—The total amounts made available to duties of a Gulf Coast State pursuant to this sheds, that are within 25 miles of the coastal coastal political subdivisions in the State of paragraph: zones described in subparagraph (A) of the Gulf Florida under clause (i)(II) shall be distributed ‘‘(i) ALABAMA.— Coast States; and according to the following weighted formula: ‘‘(I) IN GENERAL.—In the State of Alabama, ‘‘(C) all Federal waters in the Gulf of Mexico; ‘‘(I) 34 percent based on the weighted average the Alabama Gulf Coast Recovery Council, ‘‘(34) the term ‘Gulf Coast State’ means any of of the population of the county. which shall be comprised of only the following: the States of Alabama, Florida, Louisiana, Mis- ‘‘(II) 33 percent based on the weighted aver- ‘‘(aa) The Governor of Alabama, who shall sissippi, and Texas; and age of the county per capita sales tax collections also serve as Chairperson and preside over the ‘‘(35) the term ‘Trust Fund’ means the Gulf estimated for fiscal year 2012. meetings of the Alabama Gulf Coast Recovery Coast Restoration Trust Fund established pur- ‘‘(III) 33 percent based on the inverse propor- Council. suant to section 1602 of the Resources and Eco- tion of the weighted average distance from the ‘‘(bb) The Director of the Alabama State Port systems Sustainability, Tourist Opportunities, Deepwater Horizon oil rig to each of the nearest Authority, who shall also serve as Vice Chair- and Revived Economies of the Gulf Coast States and farthest points of the shoreline. person and preside over the meetings of the Ala- Act of 2012.’’; ‘‘(D) LOUISIANA.— bama Gulf Coast Recovery Council in the ab- (2) in subsection (s), by inserting ‘‘except as ‘‘(i) IN GENERAL.—Of the total amounts made sence of the Chairperson. provided in subsection (t)’’ before the period at available to the State of Louisiana under this ‘‘(cc) The Chairman of the Baldwin County the end; and paragraph: Commission.

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‘‘(dd) The President of the Mobile County ‘‘(K) LOCAL PREFERENCE.—In awarding con- ‘‘(VIII) The Governor of the State of Florida. Commission. tracts to carry out a project or program under ‘‘(IX) The Governor of the State of Louisiana. ‘‘(ee) The Mayor of the city of Bayou La this paragraph, a Gulf Coast State or coastal ‘‘(X) The Governor of the State of Mississippi. Batre. political subdivision may give a preference to in- ‘‘(XI) The Governor of the State of Texas. ‘‘(ff) The Mayor of the town of Dauphin Is- dividuals and companies that reside in, are ‘‘(iii) ALTERNATE.—A Governor appointed to land. headquartered in, or are principally engaged in the Council by the President may designate an ‘‘(gg) The Mayor of the city of Fairhope. business in the State of project execution. alternate to represent the Governor on the ‘‘(hh) The Mayor of the city of Gulf Shores. ‘‘(L) UNUSED FUNDS.—Funds allocated to a Council and vote on behalf of the Governor. ‘‘(ii) The Mayor of the city of Mobile. State or coastal political subdivision under this ‘‘(iv) CHAIRPERSON.—From among the Federal ‘‘(jj) The Mayor of the city of Orange Beach. paragraph shall remain in the Trust Fund until agency members of the Council, the representa- ‘‘(II) VOTE.—Each member of the Alabama such time as the State or coastal political sub- tives of States on the Council shall select, and Gulf Coast Recovery Council shall be entitled to division develops and submits a plan identifying the President shall appoint, 1 Federal member to 1 vote. uses for those funds in accordance with sub- serve as Chairperson of the Council. ‘‘(III) MAJORITY VOTE.—All decisions of the paragraph (E)(iv). ‘‘(v) PRESIDENTIAL APPOINTMENT.—All Coun- Alabama Gulf Coast Recovery Council shall be ‘‘(M) JUDICIAL REVIEW.—If the Secretary of cil members shall be appointed by the President. ‘‘(vi) COUNCIL ACTIONS.— made by majority vote. the Treasury determines that a Gulf Coast State ‘‘(I) IN GENERAL.—The following actions by ‘‘(IV) LIMITATION ON ADMINISTRATIVE EX- or coastal political subdivision does not meet the the Council shall require the affirmative vote of PENSES.—Administrative duties for the Alabama requirements of this paragraph, including the the Chairperson and a majority of the State Gulf Coast Recovery Council may only be per- conditions of subparagraph (E), the Gulf Coast members to be effective: formed by public officials and employees that State or coastal political subdivision may obtain are subject to the ethics laws of the State of Ala- ‘‘(aa) Approval of a Comprehensive Plan and expedited judicial review within 90 days after future revisions to a Comprehensive Plan. bama. that decision in a district court of the United ‘‘(ii) LOUISIANA.—In the State of Louisiana, ‘‘(bb) Approval of State plans pursuant to States, of appropriate jurisdiction and venue, paragraph (3)(B)(iv). the Coastal Protection and Restoration Author- that is located within the State seeking the re- ity of Louisiana. ‘‘(cc) Approval of reports to Congress pursu- view. ant to clause (vii)(VII). ‘‘(iii) MISSISSIPPI.—In the State of Mississippi, ‘‘(N) COST-SHARING.— ‘‘(dd) Approval of transfers pursuant to sub- the Mississippi Department of Environmental ‘‘(i) IN GENERAL.—A Gulf Coast State or coast- paragraph (E)(ii)(I). Quality. al political subdivision may use, in whole or in ‘‘(ee) Other significant actions determined by ‘‘(iv) TEXAS.—In the State of Texas, the Office part, amounts made available under this para- the Council. of the Governor or an appointee of the Office of graph to that Gulf Coast State or coastal polit- ‘‘(II) QUORUM.—A majority of State members the Governor. ical subdivision to satisfy the non-Federal share shall be required to be present for the Council to ‘‘(G) COMPLIANCE WITH ELIGIBLE ACTIVITIES.— of the cost of any project or program authorized take any significant action. If the Secretary of the Treasury determines that by Federal law that is an eligible activity de- ‘‘(III) AFFIRMATIVE VOTE REQUIREMENT CON- an expenditure by a Gulf Coast State or coastal scribed in clauses (i) and (ii) of subparagraph SIDERED MET.—For approval of State plans pur- political subdivision of amounts made available (B). suant to paragraph (3)(B)(iv), the certification under this subsection does not meet one of the ‘‘(ii) EFFECT ON OTHER FUNDS.—The use of by a State member of the Council that the plan activities described in clauses (i) and (ii) of sub- funds made available from the Trust Fund to satisfies all requirements of clauses (i) and (ii) paragraph (B), the Secretary shall make no ad- satisfy the non-Federal share of the cost of a of paragraph (3)(B), when joined by an affirma- ditional amounts from the Trust Fund available project or program that meets the requirements tive vote of the Federal Chairperson of the to that Gulf Coast State or coastal political sub- of clause (i) shall not affect the priority in Council, shall be considered to satisfy the re- division until such time as an amount equal to which other Federal funds are allocated or quirements for affirmative votes under subclause the amount expended for the unauthorized awarded. (I). use— ‘‘(2) COUNCIL ESTABLISHMENT AND ALLOCA- ‘‘(IV) PUBLIC TRANSPARENCY.—Appropriate ‘‘(i) has been deposited by the Gulf Coast TION.— actions of the Council, including significant ac- State or coastal political subdivision in the ‘‘(A) IN GENERAL.—Of the total amount made tions and associated deliberations, shall be made Trust Fund; or available in any fiscal year from the Trust available to the public via electronic means ‘‘(ii) has been authorized by the Secretary of Fund, 30 percent shall be disbursed to the Coun- prior to any vote. the Treasury for expenditure by the Gulf Coast cil to carry out the Comprehensive Plan. ‘‘(vii) DUTIES OF COUNCIL.—The Council State or coastal political subdivision for a ‘‘(B) COUNCIL EXPENDITURES.— shall— project or program that meets the requirements ‘‘(i) IN GENERAL.—In accordance with this ‘‘(I) develop the Comprehensive Plan and fu- of this subsection. paragraph, the Council shall expend funds ture revisions to the Comprehensive Plan; ‘‘(H) COMPLIANCE WITH CONDITIONS.—If the made available from the Trust Fund to under- ‘‘(II) identify as soon as practicable the Secretary of the Treasury determines that a take projects and programs, using the best avail- projects that— Gulf Coast State or coastal political subdivision able science, that would restore and protect the ‘‘(aa) have been authorized prior to the date does not meet the requirements of this para- natural resources, ecosystems, fisheries, marine of enactment of this subsection but not yet com- graph, including the conditions of subpara- and wildlife habitats, beaches, coastal wetlands, menced; and graph (E), where applicable, the Secretary of and economy of the Gulf Coast. ‘‘(bb) if implemented quickly, would restore the Treasury shall make no amounts from the ‘‘(ii) ALLOCATION AND EXPENDITURE PROCE- and protect the natural resources, ecosystems, Trust Fund available to that Gulf Coast State or DURES.—The Secretary of the Treasury shall de- fisheries, marine and wildlife habitats, beaches, coastal political subdivision until all conditions velop such conditions, including audit require- barrier islands, dunes, and coastal wetlands of of this paragraph are met. ments, as the Secretary of the Treasury deter- the Gulf Coast region; ‘‘(I) PUBLIC INPUT.—In meeting any condition mines necessary to ensure that amounts dis- ‘‘(III) establish such other 1 or more advisory of this paragraph, a Gulf Coast State may use bursed from the Trust Fund to the Council to committees as may be necessary to assist the an appropriate procedure for public consulta- implement the Comprehensive Plan will be used Council, including a scientific advisory com- tion in that Gulf Coast State, including con- in accordance with this paragraph. mittee and a committee to advise the Council on sulting with one or more established task forces ‘‘(iii) ADMINISTRATIVE EXPENSES.—Of the public policy issues; or other entities, to develop recommendations for amounts received by the Council under this ‘‘(IV) collect and consider scientific and other proposed projects and programs that would re- paragraph, not more than 3 percent may be used research associated with restoration of the Gulf store and protect the natural resources, eco- for administrative expenses, including staff. Coast ecosystem, including research, observa- systems, fisheries, marine and wildlife habitats, ‘‘(C) GULF COAST ECOSYSTEM RESTORATION tion, and monitoring carried out pursuant to beaches, coastal wetlands, and economy of the COUNCIL.— sections 1604 and 1605 of the Resources and Eco- Gulf Coast. ‘‘(i) ESTABLISHMENT.—There is established as systems Sustainability, Tourist Opportunities, ‘‘(J) PREVIOUSLY APPROVED PROJECTS AND an independent entity in the Federal Govern- and Revived Economies of the Gulf Coast States PROGRAMS.—A Gulf Coast State or coastal polit- ment a council to be known as the ‘Gulf Coast Act of 2012; ical subdivision shall be considered to have met Ecosystem Restoration Council’. ‘‘(V) develop standard terms to include in con- the conditions of subparagraph (E) for a specific ‘‘(ii) MEMBERSHIP.—The Council shall consist tracts for projects and programs awarded pursu- project or program if, before the date of enact- of the following members, or in the case of a ant to the Comprehensive Plan that provide a ment of the Resources and Ecosystems Sustain- Federal agency, a designee at the level of the preference to individuals and companies that re- ability, Tourist Opportunities, and Revived Assistant Secretary or the equivalent: side in, are headquartered in, or are principally Economies of the Gulf Coast States Act of 2012— ‘‘(I) The Secretary of the Interior. engaged in business in a Gulf Coast State; ‘‘(i) the Gulf Coast State or coastal political ‘‘(II) The Secretary of the Army. ‘‘(VI) prepare an integrated financial plan subdivision has established conditions for car- ‘‘(III) The Secretary of Commerce. and recommendations for coordinated budget re- rying out projects and programs that are sub- ‘‘(IV) The Administrator of the Environmental quests for the amounts proposed to be expended stantively the same as the conditions described Protection Agency. by the Federal agencies represented on the in subparagraph (E); and ‘‘(V) The Secretary of Agriculture. Council for projects and programs in the Gulf ‘‘(ii) the applicable project or program carries ‘‘(VI) The head of the department in which Coast States; and out 1 or more of the activities described in the Coast Guard is operating. ‘‘(VII) submit to Congress an annual report clauses (i) and (ii) of subparagraph (B). ‘‘(VII) The Governor of the State of Alabama. that—

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00323 Fmt 4634 Sfmt 6333 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H4482 CONGRESSIONAL RECORD — HOUSE June 28, 2012 ‘‘(aa) summarizes the policies, strategies, ordination with the President’s Gulf Coast Res- cluded in the Comprehensive Plan shall be as- plans, and activities for addressing the restora- toration Task Force. signed by the Council to a Gulf Coast State rep- tion and protection of the Gulf Coast region; ‘‘(III) CONSIDERATIONS.—In developing the resented on the Council or a Federal agency. ‘‘(bb) describes the projects and programs initial Comprehensive Plan and subsequent up- ‘‘(II) TRANSFER OF AMOUNTS.—Amounts nec- being implemented to restore and protect the dates, the Council shall consider all relevant essary to carry out each project or program in- Gulf Coast region, including— findings, reports, or research prepared or fund- cluded in the Comprehensive Plan shall be ‘‘(AA) a list of each project and program; ed under section 1604 or 1605 of the Resources transferred by the Secretary of the Treasury ‘‘(BB) an identification of the funding pro- and Ecosystems Sustainability, Tourist Oppor- from the Trust Fund to that Federal agency or vided to projects and programs identified in tunities, and Revived Economies of the Gulf Gulf Coast State as the project or program is im- subitem (AA); Coast States Act of 2012. plemented, subject to such conditions as the Sec- ‘‘(CC) an identification of each recipient for ‘‘(IV) CONTENTS.—The initial Comprehensive retary of the Treasury, in consultation with the funding identified in subitem (BB); and Plan shall include— Secretary of the Interior and the Secretary of ‘‘(DD) a description of the length of time and ‘‘(aa) such provisions as are necessary to fully Commerce, established pursuant to section 1602 funding needed to complete the objectives of incorporate in the Comprehensive Plan the of the Resources and Ecosystems Sustainability, each project and program identified in subitem strategy, projects, and programs recommended Tourist Opportunities, and Revived Economies (AA); by the President’s Gulf Coast Restoration Task of the Gulf Coast States Act of 2012. ‘‘(cc) makes such recommendations to Con- Force; ‘‘(III) LIMITATION ON TRANSFERS.— gress for modifications of existing laws as the ‘‘(bb) a list of any project or program author- ‘‘(aa) GRANTS TO NONGOVERNMENTAL ENTI- Council determines necessary to implement the ized prior to the date of enactment of this sub- TIES.—In the case of funds transferred to a Fed- Comprehensive Plan; section but not yet commenced, the completion eral or State agency under subclause (II), the ‘‘(dd) reports on the progress on implementa- of which would further the purposes and goals agency shall not make 1 or more grants or coop- tion of each project or program— of this subsection and of the Resources and Eco- erative agreements to a nongovernmental entity ‘‘(AA) after 3 years of ongoing activity of the systems Sustainability, Tourist Opportunities, if the total amount provided to the entity would project or program, if applicable; and and Revived Economies of the Gulf Coast States equal or exceed 10 percent of the total amount ‘‘(BB) on completion of the project or pro- Act of 2012; provided to the agency for that particular gram; ‘‘(cc) a description of the manner in which project or program, unless the 1 or more grants ‘‘(ee) includes the information required to be amounts from the Trust Fund projected to be have been reported in accordance with item submitted under section 1605(c)(4) of the Re- made available to the Council for the succeeding (bb). sources and Ecosystems Sustainability, Tourist 10 years will be allocated; and ‘‘(bb) REPORTING OF GRANTEES.—At least 30 Opportunities, and Revived Economies of the ‘‘(dd) subject to available funding in accord- days prior to making a grant or entering into a Gulf Coast States Act of 2012; and ance with clause (iii), a prioritized list of spe- cooperative agreement described in item (aa), ‘‘(ff) submits the reports required under item cific projects and programs to be funded and the name of each grantee, including the amount (dd) to— carried out during the 3-year period immediately and purpose of each grant or cooperative agree- ‘‘(AA) the Committee on Science, Space, and following the date of publication of the initial ment, shall be published in the Federal Register Technology, the Committee on Natural Re- Comprehensive Plan, including a table that il- and delivered to the congressional committees sources, the Committee on Transportation and lustrates the distribution of projects and pro- listed in subparagraph (C)(vii)(VII)(ff). Infrastructure, and the Committee on Appro- grams by the Gulf Coast State. ‘‘(cc) ANNUAL REPORTING OF GRANTEES.—An- ‘‘(V) PLAN UPDATES.—The Council shall up- priations of the House of Representatives; and nually, the name of each grantee, including the date— ‘‘(BB) the Committee on Environment and amount and purposes of each grant or coopera- ‘‘(aa) the Comprehensive Plan every 5 years Public Works, the Committee on Commerce, tive agreement, shall be published in the Federal in a manner comparable to the manner estab- Science, and Transportation, the Committee on Register and delivered to Congress as part of the lished in this subparagraph for each 5-year pe- Energy and Natural Resources, and the Com- report submitted pursuant to subparagraph riod for which amounts are expected to be made mittee on Appropriations of the Senate. (C)(vii)(VII). available to the Gulf Coast States from the Trust ‘‘(viii) APPLICATION OF FEDERAL ADVISORY ‘‘(IV) PROJECT AND PROGRAM LIMITATION.— COMMITTEE ACT.—The Council, or any other ad- Fund; and ‘‘(bb) the 3-year list of projects and programs The Council, a Federal agency, or a State may visory committee established under this subpara- not carry out a project or program funded under graph, shall not be considered an advisory com- described in subclause (IV)(dd) annually. ‘‘(iii) RESTORATION PRIORITIES.—Except for this paragraph outside of the Gulf Coast region. mittee under the Federal Advisory Committee projects and programs described in clause ‘‘(F) COORDINATION.—The Council and the Act (5 U.S.C. App.). (ii)(IV)(bb), in selecting projects and programs Federal members of the Council may develop ‘‘(ix) SUNSET.—The authority for the Council, to include on the 3-year list described in clause memoranda of understanding establishing inte- and any other advisory committee established grated funding and implementation plans under this subparagraph, shall terminate on the (ii)(IV)(dd), based on the best available science, the Council shall give highest priority to among the member agencies and authorities. date all funds in the Trust Fund have been ex- ‘‘(3) OIL SPILL RESTORATION IMPACT ALLOCA- pended. projects that address 1 or more of the following criteria: TION.— ‘‘(D) COMPREHENSIVE PLAN.— ‘‘(I) Projects that are projected to make the ‘‘(A) IN GENERAL.— ‘‘(i) PROPOSED PLAN.— greatest contribution to restoring and protecting ‘‘(i) DISBURSEMENT.—Of the total amount ‘‘(I) IN GENERAL.—Not later than 180 days the natural resources, ecosystems, fisheries, ma- made available from the Trust Fund, 30 percent after the date of enactment of the Resources and rine and wildlife habitats, beaches, and coastal shall be disbursed pursuant to the formula in Ecosystems Sustainability, Tourist Opportuni- wetlands of the Gulf Coast region, without re- clause (ii) to the Gulf Coast States on the ap- ties, and Revived Economies of the Gulf Coast gard to geographic location within the Gulf proval of the plan described in subparagraph States Act of 2012, the Chairperson, on behalf of Coast region. (B)(i). the Council and after appropriate public input, ‘‘(II) Large-scale projects and programs that ‘‘(ii) FORMULA.—Subject to subparagraph (B), review, and comment, shall publish a proposed are projected to substantially contribute to re- for each Gulf Coast State, the amount disbursed plan to restore and protect the natural restoring and protecting the natural resources, under this paragraph shall be based on a for- sources, ecosystems, fisheries, marine and wild- ecosystems, fisheries, marine and wildlife habi- mula established by the Council by regulation life habitats, beaches, and coastal wetlands of tats, beaches, and coastal wetlands of the Gulf that is based on a weighted average of the fol- the Gulf Coast region. Coast ecosystem. lowing criteria: ‘‘(II) INCLUSIONS.—The proposed plan de- ‘‘(III) Projects contained in existing Gulf ‘‘(I) 40 percent based on the proportionate scribed in subclause (I) shall include and incor- Coast State comprehensive plans for the restora- number of miles of shoreline in each Gulf Coast porate the findings and information prepared by tion and protection of natural resources, eco- State that experienced oiling on or before April the President’s Gulf Coast Restoration Task systems, fisheries, marine and wildlife habitats, 10, 2011, compared to the total number of miles Force. beaches, and coastal wetlands of the Gulf Coast of shoreline that experienced oiling as a result ‘‘(ii) PUBLICATION.— region. of the Deepwater Horizon oil spill. ‘‘(I) INITIAL PLAN.—Not later than 1 year after ‘‘(IV) Projects that restore long-term resiliency ‘‘(II) 40 percent based on the inverse propor- the date of enactment of the Resources and Eco- of the natural resources, ecosystems, fisheries, tion of the average distance from the mobile off- systems Sustainability, Tourist Opportunities, marine and wildlife habitats, beaches, and shore drilling unit Deepwater Horizon at the and Revived Economies of the Gulf Coast States coastal wetlands most impacted by the Deep- time of the explosion to the nearest and farthest Act of 2012 and after notice and opportunity for water Horizon oil spill. point of the shoreline that experienced oiling of public comment, the Chairperson, on behalf of ‘‘(E) IMPLEMENTATION.— each Gulf Coast State. the Council and after approval by the Council, ‘‘(i) IN GENERAL.—The Council, acting ‘‘(III) 20 percent based on the average popu- shall publish in the Federal Register the initial through the Federal agencies represented on the lation in the 2010 decennial census of coastal Comprehensive Plan to restore and protect the Council and Gulf Coast States, shall expend counties bordering the Gulf of Mexico within natural resources, ecosystems, fisheries, marine funds made available from the Trust Fund to each Gulf Coast State. and wildlife habitats, beaches, and coastal wet- carry out projects and programs adopted in the ‘‘(iii) MINIMUM ALLOCATION.—The amount lands of the Gulf Coast region. Comprehensive Plan. disbursed to a Gulf Coast State for each fiscal ‘‘(II) COOPERATION WITH GULF COAST RES- ‘‘(ii) ADMINISTRATIVE RESPONSIBILITY.— year under clause (ii) shall be at least 5 percent TORATION TASK FORCE.—The Council shall de- ‘‘(I) IN GENERAL.—Primary authority and re- of the total amounts made available under this velop the initial Comprehensive Plan in close co- sponsibility for each project and program in- paragraph.

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‘‘(B) DISBURSEMENT OF FUNDS.— part, amounts made available to that Gulf Coast (c) SPECIES INCLUDED.—The research, moni- ‘‘(i) IN GENERAL.—The Council shall disburse State or coastal political subdivision under this toring, assessment, and programs eligible for amounts to the respective Gulf Coast States in paragraph to satisfy the non-Federal share of amounts made available under the program accordance with the formula developed under any project or program that— shall include all marine, estuarine, aquaculture, subparagraph (A) for projects, programs, and ‘‘(I) is authorized by other Federal law; and and fish species in State and Federal waters of activities that will improve the ecosystems or ‘‘(II) is an eligible activity described in clause the Gulf of Mexico. economy of the Gulf Coast region, subject to the (i) or (ii) of paragraph (1)(B). (d) RESEARCH PRIORITIES.—In distributing condition that each Gulf Coast State submits a ‘‘(ii) EFFECT ON OTHER FUNDS.—The use of funding under this subsection, priority shall be plan for the expenditure of amounts disbursed funds made available from the Trust Fund given to integrated, long-term projects that— under this paragraph that meets the following under this paragraph to satisfy the non-Federal (1) build on, or are coordinated with, related criteria: share of the cost of a project or program de- research activities; and ‘‘(I) All projects, programs, and activities in- scribed in clause (i) shall not affect the priority (2) address current or anticipated marine eco- cluded in the plan are eligible activities pursu- in which other Federal funds are allocated or system, fishery, or wildlife management infor- ant to clauses (i) and (ii) of paragraph (1)(B). awarded. mation needs. ‘‘(II) The projects, programs, and activities in- ‘‘(4) AUTHORIZATION OF INTEREST TRANS- (e) DUPLICATION.—In carrying out this sec- cluded in the plan contribute to the overall eco- FERS.—Of the total amount made available for tion, the Administrator, in consultation with the nomic and ecological recovery of the Gulf Coast. any fiscal year from the Trust Fund that is Director, shall seek to avoid duplication of other ‘‘(III) The plan takes into consideration the equal to the interest earned by the Trust Fund research and monitoring activities. Comprehensive Plan and is consistent with the and proceeds from investments made by the (f) COORDINATION WITH OTHER PROGRAMS.— goals and objectives of the Plan, as described in Trust Fund in the preceding fiscal year— The Administrator, in consultation with the Di- paragraph (2)(B)(i). ‘‘(A) 50 percent shall be divided equally be- rector, shall develop a plan for the coordination ‘‘(ii) FUNDING.— tween— of projects and activities between the program ‘‘(I) IN GENERAL.—Except as provided in sub- ‘‘(i) the Gulf Coast Ecosystem Restoration and other existing Federal and State science clause (II), the plan described in clause (i) may Science, Observation, Monitoring, and Tech- and technology programs in the States of Ala- use not more than 25 percent of the funding nology program authorized in section 1604 of the bama, Florida, Louisiana, Mississippi, and made available for infrastructure projects eligi- Resources and Ecosystems Sustainability, Tour- Texas, as well as between the centers of excel- ble under subclauses (VI) and (VII) of para- ist Opportunities, and Revived Economies of the lence. graph (1)(B)(i). Gulf Coast States Act of 2012; and (g) LIMITATION ON EXPENDITURES.— ‘‘(II) EXCEPTION.—The plan described in ‘‘(ii) the centers of excellence research grants (1) IN GENERAL.—Not more than 3 percent of clause (i) may propose to use more than 25 per- authorized in section 1605 of that Act; and funds provided in subsection (h) shall be used cent of the funding made available for infra- ‘‘(B) 50 percent shall be made available to the for administrative expenses. structure projects eligible under subclauses (VI) Gulf Coast Ecosystem Restoration Council to (2) NOAA.—The funds provided in subsection and (VII) of paragraph (1)(B)(i) if the plan cer- carry out the Comprehensive Plan pursuant to (h) may not be used— tifies that— paragraph (2).’’. (A) for any existing or planned research led by the National Oceanic and Atmospheric Ad- ‘‘(aa) ecosystem restoration needs in the State SEC. 1604. GULF COAST ECOSYSTEM RESTORA- will be addressed by the projects in the proposed TION SCIENCE, OBSERVATION, MONI- ministration, unless agreed to in writing by the plan; and TORING, AND TECHNOLOGY PRO- grant recipient; ‘‘(bb) additional investment in infrastructure GRAM. (B) to implement existing regulations or ini- is required to mitigate the impacts of the Deep- (a) DEFINITIONS.—In this section: tiate new regulations promulgated or proposed water Horizon Oil Spill to the ecosystem or (1) ADMINISTRATOR.—The term ‘‘Adminis- by the National Oceanic and Atmospheric Ad- economy. trator’’ means the Administrator of the National ministration; or ‘‘(iii) DEVELOPMENT.—The plan described in Oceanic and Atmospheric Administration. (C) to develop or approve a new limited access clause (i) shall be developed by— (2) COMMISSION.—The term ‘‘Commission’’ privilege program (as that term is used in sec- ‘‘(I) in the State of Alabama, the Alabama means the Gulf States Marine Fisheries Commis- tion 303A of the Magnuson-Stevens Fishery Gulf Coast Recovery Council established under sion. Conservation and Management Act (16 U.S.C. paragraph (1)(F)(i); (3) DIRECTOR.—The term ‘‘Director’’ means 1853a)) for any fishery under the jurisdiction of ‘‘(II) in the State of Florida, a consortia of the Director of the United States Fish and Wild- the South Atlantic, Mid-Atlantic, New England, local political subdivisions that includes at a life Service. or Gulf of Mexico Fishery Management Coun- minimum 1 representative of each affected coun- (4) PROGRAM.—The term ‘‘program’’ means cils. ty; the Gulf Coast Ecosystem Restoration Science, (h) FUNDING.—Of the total amount made ‘‘(III) in the State of Louisiana, the Coastal Observation, Monitoring, and Technology pro- available for each fiscal year for the Gulf Coast Protection and Restoration Authority of Lou- gram established under this section. Restoration Trust Fund established under sec- isiana; (b) ESTABLISHMENT OF PROGRAM.— tion 1602, 2.5 percent shall be available to carry ‘‘(IV) in the State of Mississippi, the Office of (1) IN GENERAL.—Not later than 180 days after out the program. the Governor or an appointee of the Office of the date of enactment of this Act, the Adminis- (i) SUNSET.—The program shall cease oper- the Governor; and trator, in consultation with the Director, shall ations when all funds in the Gulf Coast Res- ‘‘(V) in the State of Texas, the Office of the establish the Gulf Coast Ecosystem Restoration toration Trust Fund established under section Governor or an appointee of the Office of the Science, Observation, Monitoring, and Tech- 1602 have been expended. Governor. nology program to carry out research, observa- SEC. 1605. CENTERS OF EXCELLENCE RESEARCH ‘‘(iv) APPROVAL.—Not later than 60 days after tion, and monitoring to support, to the max- GRANTS. the date on which a plan is submitted under imum extent practicable, the long-term sustain- (a) IN GENERAL.—Of the total amount made clause (i), the Council shall approve or disability of the ecosystem, fish stocks, fish habi- available for each fiscal year from the Gulf approve the plan based on the conditions of tat, and the recreational, commercial, and char- Coast Restoration Trust Fund established under clause (i). ter fishing industry in the Gulf of Mexico. section 1602, 2.5 percent shall be made available ‘‘(C) DISAPPROVAL.—If the Council dis- (2) EXPENDITURE OF FUNDS.—For each fiscal to the Gulf Coast States (as defined in section approves a plan pursuant to subparagraph year, amounts made available to carry out this 311(a) of the Federal Water Pollution Control (B)(iv), the Council shall— subsection may be expended for, with respect to Act (as added by section 1603 of the Resources ‘‘(i) provide the reasons for disapproval in the Gulf of Mexico— and Ecosystems Sustainability, Tourist Oppor- writing; and (A) marine and estuarine research; tunities, and Revived Economies of the Gulf ‘‘(ii) consult with the State to address any (B) marine and estuarine ecosystem moni- Coast States Act of 2012)), in equal shares, ex- identified deficiencies with the State plan. toring and ocean observation; clusively for grants in accordance with sub- ‘‘(D) FAILURE TO SUBMIT ADEQUATE PLAN.—If (C) data collection and stock assessments; section (c) to establish centers of excellence to a State fails to submit an adequate plan under (D) pilot programs for— conduct research only on the Gulf Coast Region this paragraph, any funds made available under (i) fishery independent data; and (as defined in section 311 of the Federal Water this paragraph shall remain in the Trust Fund (ii) reduction of exploitation of spawning ag- Pollution Control Act (33. U.S.C. 1321)). until such date as a plan is submitted and ap- gregations; and (b) APPROVAL BY STATE ENTITY, TASK FORCE, proved pursuant to this paragraph. (E) cooperative research. OR AGENCY.—The duties of a Gulf Coast State ‘‘(E) JUDICIAL REVIEW.—If the Council fails to (3) COOPERATION WITH THE COMMISSION.—For under this section shall be carried out by the approve or take action within 60 days on a each fiscal year, amounts made available to applicable Gulf Coast State entities, task forces, plan, as described in subparagraph (B)(iv), the carry out this subsection may be transferred to or agencies listed in section 311(t)(1)(F) of the State may obtain expedited judicial review with- the Commission to establish a fisheries moni- Federal Water Pollution Control Act (as added in 90 days of that decision in a district court of toring and research program, with respect to the by section 1603 of the Resources and Ecosystems the United States, of appropriate jurisdiction Gulf of Mexico. Sustainability, Tourist Opportunities, and Re- and venue, that is located within the State seek- (4) CONSULTATION.—The Administrator and vived Economies of the Gulf Coast States Act of ing the review. the Director shall consult with the Regional 2012), and for the State of Florida, a consortium ‘‘(F) COST-SHARING.— Gulf of Mexico Fishery Management Council of public and private research institutions with- ‘‘(i) IN GENERAL.—A Gulf Coast State or coast- and the Commission in carrying out the pro- in the State, which shall include the Florida De- al political subdivision may use, in whole or in gram. partment of Environmental Protection and the

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Florida Fish and Wildlife Conservation Commis- (c) USE OF FUNDS.—Funds made available and Exchange Commission and issued under the sion, for that Gulf Coast State. under this subtitle may be used only for eligible Securities Act of 1933 (15 U.S.C. 77a et seq.)), in- (c) GRANTS.— activities specifically authorized by this subtitle cluding— (1) IN GENERAL.—A Gulf Coast State shall use and the amendments made by this subtitle. ‘‘(A) a qualified retirement plan (as defined in the amounts made available to carry out this SEC. 1607. RESTORATION AND PROTECTION AC- section 4974(c) of the Internal Revenue Code of section to award competitive grants to non- TIVITY LIMITATIONS. 1986) that is a qualified institutional buyer; and governmental entities and consortia in the Gulf (a) WILLING SELLER.—Funds made available ‘‘(B) a governmental plan (as defined in sec- Coast region (including public and private insti- under this subtitle may only be used to acquire tion 414(d) of the Internal Revenue Code of tutions of higher education) for the establish- land or interests in land by purchase, exchange, 1986) that is a qualified institutional buyer. ment of centers of excellence as described in sub- or donation from a willing seller. ‘‘(6) LETTER OF INTEREST.—The term ‘letter of section (d). (b) ACQUISITION OF FEDERAL LAND.—None of interest’ means a letter submitted by a potential (2) APPLICATION.—To be eligible to receive a the funds made available under this subtitle applicant prior to an application for credit as- grant under this subsection, an entity or consor- may be used to acquire land in fee title by the sistance in a format prescribed by the Secretary tium described in paragraph (1) shall submit to Federal Government unless— on the website of the TIFIA program that— a Gulf Coast State an application at such time, (1) the land is acquired by exchange or dona- ‘‘(A) describes the project and the location, in such manner, and containing such information; or purpose, and cost of the project; tion as the Gulf Coast State determines to be ap- (2) the acquisition is necessary for the restora- ‘‘(B) outlines the proposed financial plan, in- propriate. tion and protection of the natural resources, cluding the requested credit assistance and the (3) PRIORITY.—In awarding grants under this ecosystems, fisheries, marine and wildlife habi- proposed obligor; ‘‘(C) provides a status of environmental re- subsection, a Gulf Coast State shall give priority tats, beaches, and coastal wetlands of the Gulf view; and to entities and consortia that demonstrate the Coast region and has the concurrence of the ability to establish the broadest cross-section of ‘‘(D) provides information regarding satisfac- Governor of the State in which the acquisition tion of other eligibility requirements of the participants with interest and expertise in any will take place. discipline described in subsection (d) on which TIFIA program. SEC. 1608. INSPECTOR GENERAL. the proposal of the center of excellence will be ‘‘(7) LINE OF CREDIT.—The term ‘line of credit’ The Office of the Inspector General of the De- focused. means an agreement entered into by the Sec- partment of the Treasury shall have authority (4) REPORTING.— retary with an obligor under section 604 to pro- (A) IN GENERAL.—Each Gulf Coast State shall to conduct, supervise, and coordinate audits vide a direct loan at a future date upon the oc- provide annually to the Gulf Coast Ecosystem and investigations of projects, programs, and currence of certain events. Restoration Council established under section activities funded under this subtitle and the ‘‘(8) LIMITED BUYDOWN.—The term ‘limited 311(t)(2)(C) of the Federal Water Pollution Con- amendments made by this subtitle. buydown’ means, subject to the conditions de- trol Act (as added by section 1603 of the Re- TITLE II—AMERICA FAST FORWARD scribed in section 603(b)(4)(C), a buydown of the sources and Ecosystems Sustainability, Tourist FINANCING INNOVATION interest rate by the obligor if the interest rate Opportunities, and Revived Economies of the has increased between— SEC. 2001. SHORT TITLE. ‘‘(A)(i) the date on which a project applica- Gulf Coast States Act of 2012) information re- This title may be cited as the ‘‘America Fast garding all grants, including the amount, dis- tion acceptable to the Secretary is submitted; or Forward Financing Innovation Act of 2012’’. ‘‘(ii) the date on which the Secretary entered cipline or disciplines, and recipients of the SEC. 2002. TRANSPORTATION INFRASTRUCTURE into a master credit agreement; and grants, and in the case of any grant awarded to FINANCE AND INNOVATION ACT OF ‘‘(B) the date on which the Secretary executes a consortium, the membership of the consortium. 1998 AMENDMENTS. the Federal credit instrument. (B) INCLUSION.—The Gulf Coast Ecosystem Sections 601 through 609 of title 23, United ‘‘(9) LOAN GUARANTEE.—The term ‘loan guar- Restoration Council shall include the informa- States Code, are amended to read as follows: antee’ means any guarantee or other pledge by tion received under subparagraph (A) in the an- the Secretary to pay all or part of the principal nual report to Congress of the Council required ‘‘§ 601. Generally applicable provisions of and interest on a loan or other debt obliga- under section 311(t)(2)(C)(vii)(VII) of the Fed- ‘‘(a) DEFINITIONS.—In this chapter, the fol- tion issued by an obligor and funded by a lend- eral Water Pollution Control Act (as added by lowing definitions apply: er. section 1603 of the Resources and Ecosystems ‘‘(1) CONTINGENT COMMITMENT.—The term ‘contingent commitment’ means a commitment to ‘‘(10) MASTER CREDIT AGREEMENT.—The term Sustainability, Tourist Opportunities, and Re- ‘master credit agreement’ means an agreement vived Economies of the Gulf Coast States Act of obligate an amount from future available budget authority that is— to extend credit assistance for a program of 2012). projects secured by a common security pledge (d) DISCIPLINES.—Each center of excellence ‘‘(A) contingent on those funds being made (which shall receive an investment grade rating shall focus on science, technology, and moni- available in law at a future date; and from a rating agency), or for a single project toring in at least 1 of the following disciplines: ‘‘(B) not an obligation of the Federal Govern- ment. covered under section 602(b)(2) that would— (1) Coastal and deltaic sustainability, restora- ‘‘(A) make contingent commitments of 1 or ‘‘(2) ELIGIBLE PROJECT COSTS.—The term ‘eli- tion and protection, including solutions and more secured loans or other Federal credit in- technology that allow citizens to live in a safe gible project costs’ means amounts substantially all of which are paid by, or for the account of, struments at future dates, subject to the avail- and sustainable manner in a coastal delta in the ability of future funds being made available to Gulf Coast Region. an obligor in connection with a project, including the cost of— carry out this chapter; (2) Coastal fisheries and wildlife ecosystem re- ‘‘(B) establish the maximum amounts and gen- ‘‘(A) development phase activities, including search and monitoring in the Gulf Coast Region. eral terms and conditions of the secured loans or (3) Offshore energy development, including re- planning, feasibility analysis, revenue fore- other Federal credit instruments; casting, environmental review, permitting, pre- search and technology to improve the sustain- ‘‘(C) identify the 1 or more dedicated non-Fed- liminary engineering and design work, and able and safe development of energy resources eral revenue sources that will secure the repay- other preconstruction activities; in the Gulf of Mexico. ment of the secured loans or secured Federal ‘‘(B) construction, reconstruction, rehabilita- (4) Sustainable and resilient growth, economic credit instruments; and commercial development in the Gulf Coast tion, replacement, and acquisition of real prop- ‘‘(D) provide for the obligation of funds for Region. erty (including land relating to the project and the secured loans or secured Federal credit in- (5) Comprehensive observation, monitoring, improvements to land), environmental mitiga- struments after all requirements have been met and mapping of the Gulf of Mexico. tion, construction contingencies, and acquisi- for the projects subject to the master credit SEC. 1606. EFFECT. tion of equipment; and agreement, including— (a) DEFINITION OF DEEPWATER HORIZON OIL ‘‘(C) capitalized interest necessary to meet ‘‘(i) completion of an environmental impact SPILL.—In this section, the term ‘‘Deepwater market requirements, reasonably required re- statement or similar analysis required under the Horizon oil spill’’ has the meaning given the serve funds, capital issuance expenses, and National Environmental Policy Act of 1969 (42 term in section 311(a) of the Federal Water Pol- other carrying costs during construction. U.S.C. 4321 et seq.); lution Control Act (33 U.S.C. 1321(a)). ‘‘(3) FEDERAL CREDIT INSTRUMENT.—The term ‘‘(ii) compliance with such other requirements (b) EFFECT AND APPLICATION.—Nothing in ‘Federal credit instrument’ means a secured as are specified in section 602(c); and this subtitle or any amendment made by this loan, loan guarantee, or line of credit author- ‘‘(iii) the availability of funds to carry out subtitle— ized to be made available under this chapter this chapter; and (1) supersedes or otherwise affects any other with respect to a project. ‘‘(E) require that contingent commitments re- provision of Federal law, including, in par- ‘‘(4) INVESTMENT-GRADE RATING.—The term sult in a financial close and obligation of credit ticular, laws providing recovery for injury to ‘investment-grade rating’ means a rating of assistance not later than 3 years after the date natural resources under the Oil Pollution Act of BBB minus, Baa3, bbb minus, BBB (low), or of entry into the master credit agreement, or re- 1990 (33 U.S.C. 2701 et seq.) and laws for the higher assigned by a rating agency to project lease of the commitment, unless otherwise ex- protection of public health and the environ- obligations. tended by the Secretary. ment; or ‘‘(5) LENDER.—The term ‘lender’ means any ‘‘(11) OBLIGOR.—The term ‘obligor’ means a (2) applies to any fine collected under section non-Federal qualified institutional buyer (as de- party that— 311 of the Federal Water Pollution Control Act fined in section 230.144A(a) of title 17, Code of ‘‘(A) is primarily liable for payment of the (33 U.S.C. 1321) for any incident other than the Federal Regulations (or any successor regula- principal of or interest on a Federal credit in- Deepwater Horizon oil spill. tion), known as Rule 144A(a) of the Securities strument; and

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‘‘(B) may be a corporation, partnership, joint ‘‘(19) SUBSTANTIAL COMPLETION.—The term ‘‘(C) payments owing to the obligor under a venture, trust, or governmental entity, agency, ‘substantial completion’ means— public-private partnership; or or instrumentality. ‘‘(A) the opening of a project to vehicular or ‘‘(D) other dedicated revenue sources that also ‘‘(12) PROJECT.—The term ‘project’ means— passenger traffic; or secure or fund the project obligations. ‘‘(A) any surface transportation project eligi- ‘‘(B) a comparable event, as determined by the ‘‘(7) PUBLIC SPONSORSHIP OF PRIVATE ENTI- ble for Federal assistance under this title or Secretary and specified in the credit agreement. TIES.—In the case of a project that is under- chapter 53 of title 49; ‘‘(20) TIFIA PROGRAM.—The term ‘TIFIA pro- taken by an entity that is not a State or local ‘‘(B) a project for an international bridge or gram’ means the transportation infrastructure government or an agency or instrumentality of tunnel for which an international entity au- finance and innovation program of the Depart- a State or local government, the project that the thorized under Federal or State law is respon- ment. entity is undertaking shall be publicly sponsible; ‘‘(b) TREATMENT OF CHAPTER.—For purposes sored as provided in paragraph (3). ‘‘(C) a project for intercity passenger bus or of this title, this chapter shall be treated as ‘‘(8) APPLICATIONS WHERE OBLIGOR WILL BE rail facilities and vehicles, including facilities being part of chapter 1. IDENTIFIED LATER.—A State, local government, and vehicles owned by the National Railroad agency or instrumentality of a State or local ‘‘§ 602. Determination of eligibility and project Passenger Corporation and components of mag- government, or public authority may submit to selection netic levitation transportation systems; and the Secretary an application under paragraph ‘‘(D) a project that— ‘‘(a) ELIGIBILITY.— (4), under which a private party to a public-pri- ‘‘(i) is a project— ‘‘(1) IN GENERAL.—A project shall be eligible to vate partnership will be— ‘‘(I) for a public freight rail facility or a pri- receive credit assistance under this chapter if— ‘‘(A) the obligor; and vate facility providing public benefit for high- ‘‘(A) the entity proposing to carry out the ‘‘(B) identified later through completion of a way users by way of direct freight interchange project submits a letter of interest prior to sub- procurement and selection of the private party. between highway and rail carriers; mission of a formal application for the project; ‘‘(9) BENEFICIAL EFFECTS.—The Secretary ‘‘(II) for an intermodal freight transfer facil- and shall determine that financial assistance for the ity; ‘‘(B) the project meets the criteria described in project under this chapter will— ‘‘(III) for a means of access to a facility de- this subsection. ‘‘(A) foster, if appropriate, partnerships that scribed in subclause (I) or (II); ‘‘(2) CREDITWORTHINESS.— attract public and private investment for the ‘‘(IV) for a service improvement for a facility ‘‘(A) IN GENERAL.—To be eligible for assist- project; described in subclause (I) or (II) (including a ance under this chapter, a project shall satisfy ‘‘(B) enable the project to proceed at an ear- capital investment for an intelligent transpor- applicable creditworthiness standards, which, at lier date than the project would otherwise be tation system); or a minimum, shall include— able to proceed or reduce the lifecycle costs (in- ‘‘(V) that comprises a series of projects de- ‘‘(i) a rate covenant, if applicable; cluding debt service costs) of the project; and scribed in subclauses (I) through (IV) with the ‘‘(ii) adequate coverage requirements to ensure ‘‘(C) reduce the contribution of Federal grant common objective of improving the flow of repayment; assistance for the project. goods; ‘‘(iii) an investment grade rating from at least ‘‘(10) PROJECT READINESS.—To be eligible for ‘‘(ii) may involve the combining of private and 2 rating agencies on debt senior to the Federal assistance under this chapter, the applicant public sector funds, including investment of credit instrument; and shall demonstrate a reasonable expectation that public funds in private sector facility improve- ‘‘(iv) a rating from at least 2 rating agencies the contracting process for construction of the ments; on the Federal credit instrument, subject to the project can commence by not later than 90 days ‘‘(iii) if located within the boundaries of a condition that, with respect to clause (iii), if the after the date on which a Federal credit instru- port terminal, includes only such surface trans- total amount of the senior debt and the Federal ment is obligated for the project under this portation infrastructure modifications as are credit instrument is less than $75,000,000, 1 rat- chapter. necessary to facilitate direct intermodal inter- ing agency opinion for each of the senior debt ‘‘(b) SELECTION AMONG ELIGIBLE PROJECTS.— change, transfer, and access into and out of the and Federal credit instrument shall be suffi- ‘‘(1) ESTABLISHMENT.—The Secretary shall es- port; and cient. tablish a rolling application process under ‘‘(iv) is composed of related highway, surface ‘‘(B) SENIOR DEBT.—Notwithstanding sub- which projects that are eligible to receive credit transportation, transit, rail, or intermodal cap- paragraph (A), in a case in which the Federal assistance under subsection (a) shall receive ital improvement projects eligible for assistance credit instrument is the senior debt, the Federal credit assistance on terms acceptable to the Sec- under this section in order to meet the eligible credit instrument shall be required to receive an retary, if adequate funds are available to cover project cost threshold under section 602, by investment grade rating from at least 2 rating the subsidy costs associated with the Federal grouping related projects together for that pur- agencies, unless the credit instrument is for an credit instrument. pose, subject to the condition that the credit as- amount less than $75,000,000, in which case 1 ‘‘(2) ADEQUATE FUNDING NOT AVAILABLE.—If sistance for the projects is secured by a common rating agency opinion shall be sufficient. the Secretary fully obligates funding to eligible pledge. ‘‘(3) INCLUSION IN TRANSPORTATION PLANS AND projects in a fiscal year, and adequate funding ‘‘(13) PROJECT OBLIGATION.—The term ‘project PROGRAMS.—A project shall satisfy the applica- is not available to fund a credit instrument, a obligation’ means any note, bond, debenture, or ble planning and programming requirements of project sponsor of an eligible project may elect other debt obligation issued by an obligor in sections 134 and 135 at such time as an agree- to enter into a master credit agreement and wait connection with the financing of a project, ment to make available a Federal credit instru- until the earlier of— other than a Federal credit instrument. ment is entered into under this chapter. ‘‘(A) the following fiscal year; and ‘‘(14) RATING AGENCY.—The term ‘rating agen- ‘‘(B) the fiscal year during which additional cy’ means a credit rating agency registered with ‘‘(4) APPLICATION.—A State, local government, public authority, public-private partnership, or funds are available to receive credit assistance. the Securities and Exchange Commission as a ‘‘(3) PRELIMINARY RATING OPINION LETTER.— any other legal entity undertaking the project nationally recognized statistical rating organi- The Secretary shall require each project appli- and authorized by the Secretary shall submit a zation (as that term is defined in section 3(a) of cant to provide a preliminary rating opinion let- project application that is acceptable to the Sec- the Securities Exchange Act of 1934 (15 U.S.C. ter from at least 1 rating agency— retary. 78c(a))). ‘‘(A) indicating that the senior obligations of ‘‘(5) ELIGIBLE PROJECT COSTS.— ‘‘(15) RURAL INFRASTRUCTURE PROJECT.—The the project, which may be the Federal credit in- ‘‘(A) IN GENERAL.—Except as provided in sub- term ‘rural infrastructure project’ means a sur- strument, have the potential to achieve an in- paragraph (B), to be eligible for assistance face transportation infrastructure project lo- vestment-grade rating; and cated in any area other than a city with a pop- under this chapter, a project shall have eligible ‘‘(B) including a preliminary rating opinion ulation of more than 250,000 inhabitants within project costs that are reasonably anticipated to on the Federal credit instrument. the city limits. equal or exceed the lesser of— ‘‘(c) FEDERAL REQUIREMENTS.— ‘‘(16) SECURED LOAN.—The term ‘secured loan’ ‘‘(i)(I) $50,000,000; or ‘‘(1) IN GENERAL.—In addition to the require- means a direct loan or other debt obligation ‘‘(II) in the case of a rural infrastructure ments of this title for highway projects, the re- issued by an obligor and funded by the Sec- project, $25,000,000; and quirements of chapter 53 of title 49 for transit retary in connection with the financing of a ‘‘(ii) 331⁄3 percent of the amount of Federal projects, and the requirements of section 5333(a) project under section 603. highway assistance funds apportioned for the of title 49 for rail projects, the following provi- ‘‘(17) STATE.—The term ‘State’ has the mean- most recently completed fiscal year to the State sions of law shall apply to funds made available ing given the term in section 101. in which the project is located. under this chapter and projects assisted with ‘‘(18) SUBSIDY AMOUNT.—The term ‘subsidy ‘‘(B) INTELLIGENT TRANSPORTATION SYSTEM those funds: amount’ means the amount of budget authority PROJECTS.—In the case of a project principally ‘‘(A) Title VI of the Civil Rights Act of 1964 sufficient to cover the estimated long-term cost involving the installation of an intelligent (42 U.S.C. 2000d et seq.). to the Federal Government of a Federal credit transportation system, eligible project costs shall ‘‘(B) The National Environmental Policy Act instrument— be reasonably anticipated to equal or exceed of 1969 (42 U.S.C. 4321 et seq.). ‘‘(A) calculated on a net present value basis; $15,000,000. ‘‘(C) The Uniform Relocation Assistance and and ‘‘(6) DEDICATED REVENUE SOURCES.—The ap- Real Property Acquisition Policies Act of 1970 ‘‘(B) excluding administrative costs and any plicable Federal credit instrument shall be re- (42 U.S.C. 4601 et seq.). incidental effects on governmental receipts or payable, in whole or in part, from— ‘‘(2) NEPA.—No funding shall be obligated for outlays in accordance with the Federal Credit ‘‘(A) tolls; a project that has not received an environ- Reform Act of 1990 (2 U.S.C. 661 et seq.). ‘‘(B) user fees; mental categorical exclusion, a finding of no

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significant impact, or a record of decision under ‘‘(4) INTEREST RATE.— ‘‘(A) IN GENERAL.—If, at any time after the the National Environmental Policy Act of 1969 ‘‘(A) IN GENERAL.—Except as provided in sub- date of substantial completion of the project, the (42 U.S.C. 4321 et seq.). paragraphs (B) and (C), the interest rate on a project is unable to generate sufficient revenues ‘‘(d) APPLICATION PROCESSING PROCEDURES.— secured loan under this section shall be not less to pay the scheduled loan repayments of prin- ‘‘(1) NOTICE OF COMPLETE APPLICATION.—Not than the yield on United States Treasury securi- cipal and interest on the secured loan, the Sec- later than 30 days after the date of receipt of an ties of a similar maturity to the maturity of the retary may, subject to subparagraph (C), allow application under this section, the Secretary secured loan on the date of execution of the the obligor to add unpaid principal and interest shall provide to the applicant a written notice to loan agreement. to the outstanding balance of the secured loan. inform the applicant whether— ‘‘(B) RURAL INFRASTRUCTURE PROJECTS.— ‘‘(B) INTEREST.—Any payment deferred under ‘‘(A) the application is complete; or ‘‘(i) IN GENERAL.—The interest rate of a loan subparagraph (A) shall— ‘‘(B) additional information or materials are offered to a rural infrastructure project under ‘‘(i) continue to accrue interest in accordance needed to complete the application. this chapter shall be at 1⁄2 of the Treasury Rate with subsection (b)(4) until fully repaid; and ‘‘(2) APPROVAL OR DENIAL OF APPLICATION.— in effect on the date of execution of the loan ‘‘(ii) be scheduled to be amortized over the re- Not later than 60 days after the date of issuance agreement. maining term of the loan. of the written notice under paragraph (1), the ‘‘(ii) APPLICATION.—The rate described in ‘‘(C) CRITERIA.— Secretary shall provide to the applicant a writ- clause (i) shall only apply to any portion of a ‘‘(i) IN GENERAL.—Any payment deferral ten notice informing the applicant whether the loan the subsidy cost of which is funded by under subparagraph (A) shall be contingent on Secretary has approved or disapproved the ap- amounts set aside for rural infrastructure the project meeting criteria established by the plication. projects under section 608(a)(3)(A). Secretary. ‘‘(e) DEVELOPMENT PHASE ACTIVITIES.—Any ‘‘(C) LIMITED BUYDOWNS.—The interest rate of ‘‘(ii) REPAYMENT STANDARDS.—The criteria es- credit instrument secured under this chapter a secured loan under this section may not be tablished pursuant to clause (i) shall include may be used to finance up to 100 percent of the lowered by more than the lower of— standards for reasonable assurance of repay- cost of development phase activities as described ‘‘(i) 11⁄2 percentage points (150 basis points); or ment. in section 601(a)(1)(A). ‘‘(ii) the amount of the increase in the interest ‘‘(4) PREPAYMENT.— ‘‘§ 603. Secured loans rate. ‘‘(A) USE OF EXCESS REVENUES.—Any excess ‘‘(a) IN GENERAL.— ‘‘(5) MATURITY DATE.—The final maturity revenues that remain after satisfying scheduled ‘‘(1) AGREEMENTS.—Subject to paragraphs (2) date of the secured loan shall be the lesser of— debt service requirements on the project obliga- and (3), the Secretary may enter into agree- ‘‘(A) 35 years after the date of substantial tions and secured loan and all deposit requirements with 1 or more obligors to make secured completion of the project; and ments under the terms of any trust agreement, loans, the proceeds of which shall be used— ‘‘(B) if the useful life of the capital asset bond resolution, or similar agreement securing ‘‘(A) to finance eligible project costs of any being financed is of a lesser period, the useful project obligations may be applied annually to project selected under section 602; life of the asset. prepay the secured loan without penalty. ‘‘(B) to refinance interim construction financ- ‘‘(6) NONSUBORDINATION.— ‘‘(B) USE OF PROCEEDS OF REFINANCING.—The ing of eligible project costs of any project se- ‘‘(A) IN GENERAL.—Except as provided in sub- secured loan may be prepaid at any time with- lected under section 602; paragraph (B), the secured loan shall not be out penalty from the proceeds of refinancing ‘‘(C) to refinance existing Federal credit in- subordinated to the claims of any holder of from non-Federal funding sources. struments for rural infrastructure projects; or project obligations in the event of bankruptcy, ‘‘(d) SALE OF SECURED LOANS.— ‘‘(D) to refinance long-term project obligations insolvency, or liquidation of the obligor. ‘‘(1) IN GENERAL.—Subject to paragraph (2), as or Federal credit instruments, if the refinancing ‘‘(B) PREEXISTING INDENTURE.— soon as practicable after substantial completion provides additional funding capacity for the ‘‘(i) IN GENERAL.—The Secretary shall waive of a project and after notifying the obligor, the completion, enhancement, or expansion of any the requirement under subparagraph (A) for a Secretary may sell to another entity or reoffer project that— public agency borrower that is financing ongo- into the capital markets a secured loan for the ‘‘(i) is selected under section 602; or ing capital programs and has outstanding senior project if the Secretary determines that the sale ‘‘(ii) otherwise meets the requirements of sec- bonds under a preexisting indenture, if— or reoffering can be made on favorable terms. tion 602. ‘‘(I) the secured loan is rated in the A cat- ‘‘(2) CONSENT OF OBLIGOR.—In making a sale ‘‘(2) LIMITATION ON REFINANCING OF INTERIM egory or higher; or reoffering under paragraph (1), the Secretary CONSTRUCTION FINANCING.—A loan under para- ‘‘(II) the secured loan is secured and payable may not change the original terms and condi- graph (1) shall not refinance interim construc- from pledged revenues not affected by project tions of the secured loan without the written tion financing under paragraph (1)(B) later performance, such as a tax-backed revenue consent of the obligor. than 1 year after the date of substantial comple- pledge or a system-backed pledge of project reve- ‘‘(e) LOAN GUARANTEES.— tion of the project. nues; and ‘‘(1) IN GENERAL.—The Secretary may provide ‘‘(3) RISK ASSESSMENT.—Before entering into ‘‘(III) the TIFIA program share of eligible a loan guarantee to a lender in lieu of making an agreement under this subsection, the Sec- project costs is 33 percent or less. a secured loan under this section if the Sec- retary, in consultation with the Director of the ‘‘(ii) LIMITATION.—If the Secretary waives the retary determines that the budgetary cost of the Office of Management and Budget, shall deter- nonsubordination requirement under this sub- loan guarantee is substantially the same as that mine an appropriate capital reserve subsidy paragraph— of a secured loan. amount for each secured loan, taking into ac- ‘‘(I) the maximum credit subsidy to be paid by ‘‘(2) TERMS.—The terms of a loan guarantee count each rating letter provided by an agency the Federal Government shall be not more than under paragraph (1) shall be consistent with the under section 602(b)(3)(B). 10 percent of the principal amount of the se- terms required under this section for a secured ‘‘(b) TERMS AND LIMITATIONS.— cured loan; and loan, except that the rate on the guaranteed ‘‘(1) IN GENERAL.—A secured loan under this ‘‘(II) the obligor shall be responsible for pay- loan and any prepayment features shall be ne- section with respect to a project shall be on such ing the remainder of the subsidy cost, if any. gotiated between the obligor and the lender, terms and conditions and contain such cov- ‘‘(7) FEES.—The Secretary may establish fees with the consent of the Secretary. enants, representations, warranties, and re- at a level sufficient to cover all or a portion of ‘‘§ 604. Lines of credit quirements (including requirements for audits) the costs to the Federal Government of making as the Secretary determines to be appropriate. a secured loan under this section. ‘‘(a) IN GENERAL.— ‘‘(2) MAXIMUM AMOUNT.—The amount of a se- ‘‘(8) NON-FEDERAL SHARE.—The proceeds of a ‘‘(1) AGREEMENTS.—Subject to paragraphs (2) cured loan under this section shall not exceed secured loan under this chapter may be used for through (4), the Secretary may enter into agree- the lesser of 49 percent of the reasonably antici- any non-Federal share of project costs required ments to make available to 1 or more obligors pated eligible project costs or if the secured loan under this title or chapter 53 of title 49, if the lines of credit in the form of direct loans to be does not receive an investment grade rating, the loan is repayable from non-Federal funds. made by the Secretary at future dates on the oc- amount of the senior project obligations. ‘‘(9) MAXIMUM FEDERAL INVOLVEMENT.—The currence of certain events for any project se- ‘‘(3) PAYMENT.—A secured loan under this total Federal assistance provided on a project lected under section 602. section— receiving a loan under this chapter shall not ex- ‘‘(2) USE OF PROCEEDS.—The proceeds of a ‘‘(A) shall— ceed 80 percent of the total project cost. line of credit made available under this section ‘‘(i) be payable, in whole or in part, from— ‘‘(c) REPAYMENT.— shall be available to pay debt service on project ‘‘(I) tolls; ‘‘(1) SCHEDULE.—The Secretary shall establish obligations issued to finance eligible project ‘‘(II) user fees; a repayment schedule for each secured loan costs, extraordinary repair and replacement ‘‘(III) payments owing to the obligor under a under this section based on— costs, operation and maintenance expenses, and public-private partnership; or ‘‘(A) the projected cash flow from project reve- costs associated with unexpected Federal or ‘‘(IV) other dedicated revenue sources that nues and other repayment sources; and State environmental restrictions. also secure the senior project obligations; and ‘‘(B) the useful life of the project. ‘‘(3) RISK ASSESSMENT.—Before entering into ‘‘(ii) include a rate covenant, coverage re- ‘‘(2) COMMENCEMENT.—Scheduled loan repay- an agreement under this subsection, the Sec- quirement, or similar security feature supporting ments of principal or interest on a secured loan retary, in consultation with the Director of the the project obligations; and under this section shall commence not later than Office of Management and Budget and each ‘‘(B) may have a lien on revenues described in 5 years after the date of substantial completion rating agency providing a preliminary rating subparagraph (A), subject to any lien securing of the project. opinion letter under section 602(b)(3), shall de- project obligations. ‘‘(3) DEFERRED PAYMENTS.— termine an appropriate capital reserve subsidy

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Funding count the rating opinion letter. the Federal Government shall be not more than ‘‘(a) FUNDING.— ‘‘(4) INVESTMENT-GRADE RATING REQUIRE- 10 percent of the principal amount of the se- ‘‘(1) SPENDING AND BORROWING AUTHORITY.— MENT.—The funding of a line of credit under cured loan; and Spending and borrowing authority for a fiscal this section shall be contingent on the senior ob- ‘‘(II) the obligor shall be responsible for pay- year to enter into Federal credit instruments ligations of the project receiving an investment- ing the remainder of the subsidy cost. shall be promptly apportioned to the Secretary grade rating from 2 rating agencies. ‘‘(9) FEES.—The Secretary may establish fees on a fiscal-year basis. ‘‘(b) TERMS AND LIMITATIONS.— at a level sufficient to cover all or a portion of ‘‘(2) REESTIMATES.—If the subsidy cost of a ‘‘(1) IN GENERAL.—A line of credit under this the costs to the Federal Government of pro- Federal credit instrument is reestimated, the section with respect to a project shall be on such viding a line of credit under this section. cost increase or decrease of the reestimate shall terms and conditions and contain such cov- ‘‘(10) RELATIONSHIP TO OTHER CREDIT INSTRU- be borne by, or benefit, the general fund of the enants, representations, warranties, and re- MENTS.—A project that receives a line of credit Treasury, consistent with section 504(f) the Con- under this section also shall not receive a se- quirements (including requirements for audits) gressional Budget Act of 1974 (2 U.S.C. 661c(f)). as the Secretary determines to be appropriate. cured loan or loan guarantee under section 603 ‘‘(3) RURAL SET-ASIDE.— ‘‘(2) MAXIMUM AMOUNTS.—The total amount in an amount that, combined with the amount ‘‘(A) IN GENERAL.—Of the total amount of of a line of credit under this section shall not of the line of credit, exceeds 49 percent of eligi- funds made available to carry out this chapter exceed 33 percent of the reasonably anticipated ble project costs. for each fiscal year, not more than 10 percent EPAYMENT.— eligible project costs. ‘‘(c) R shall be set aside for rural infrastructure ‘‘(1) TERMS AND CONDITIONS.—The Secretary ‘‘(3) DRAWS.—Any draw on a line of credit projects. shall establish repayment terms and conditions under this section shall— ‘‘(B) REOBLIGATION.—Any amounts set aside for each direct loan under this section based ‘‘(A) represent a direct loan; and under subparagraph (A) that remain unobli- ‘‘(B) be made only if net revenues from the on— gated by June 1 of the fiscal year for which the project (including capitalized interest, but not ‘‘(A) the projected cash flow from project reve- amounts were set aside shall be available for ob- including reasonably required financing re- nues and other repayment sources; and ligation by the Secretary on projects other than serves) are insufficient to pay the costs specified ‘‘(B) the useful life of the asset being financed. rural infrastructure projects. in subsection (a)(2). ‘‘(4) REDISTRIBUTION OF AUTHORIZED FUND- ‘‘(4) INTEREST RATE.—Except as provided in ‘‘(2) TIMING.—All repayments of principal or ING.— subparagraphs (B) and (C) of section 603(b)(4), interest on a direct loan under this section shall ‘‘(A) IN GENERAL.—Beginning in fiscal year the interest rate on a direct loan resulting from be scheduled— ‘‘(A) to commence not later than 5 years after 2014, on April 1 of each fiscal year, if the cumu- a draw on the line of credit shall be not less lative unobligated and uncommitted balance of than the yield on 30-year United States Treas- the end of the period of availability specified in subsection (b)(6); and funding available exceeds 75 percent of the ury securities, as of the date of execution of the ‘‘(B) to conclude, with full repayment of prin- amount made available to carry out this chapter line of credit agreement. cipal and interest, by the date that is 25 years for that fiscal year, the Secretary shall dis- ‘‘(5) SECURITY.—A line of credit issued under after the end of the period of availability speci- tribute to the States the amount of funds and this section— ‘‘(A) shall— fied in subsection (b)(6). associated obligation authority in excess of that ‘‘(i) be payable, in whole or in part, from— ‘‘§ 605. Program administration amount. ‘‘(B) DISTRIBUTION.—The amounts and obliga- ‘‘(I) tolls; ‘‘(a) REQUIREMENT.—The Secretary shall es- ‘‘(II) user fees; tablish a uniform system to service the Federal tion authority distributed under this paragraph ‘‘(III) payments owing to the obligor under a credit instruments made available under this shall be distributed, in the same manner as obli- public-private partnership; or chapter. gation authority is distributed to the States for ‘‘(IV) other dedicated revenue sources that ‘‘(b) FEES.—The Secretary may collect and the fiscal year, based on the proportion that— also secure the senior project obligations; and spend fees, contingent on authority being pro- ‘‘(i) the relative share of each State of obliga- ‘‘(ii) include a rate covenant, coverage re- vided in appropriations Acts, at a level that is tion authority for the fiscal year; bears to quirement, or similar security feature supporting sufficient to cover— ‘‘(ii) the total amount of obligation authority the project obligations; and ‘‘(1) the costs of services of expert firms re- distributed to all States for the fiscal year. ‘‘(B) may have a lien on revenues described in tained pursuant to subsection (d); and ‘‘(C) PURPOSE.—Funds distributed under sub- subparagraph (A), subject to any lien securing ‘‘(2) all or a portion of the costs to the Federal paragraph (B) shall be available for any pur- project obligations. Government of servicing the Federal credit in- pose described in section 133(b). ‘‘(6) PERIOD OF AVAILABILITY.—The full struments. ‘‘(5) AVAILABILITY.—Amounts made available amount of a line of credit under this section, to ‘‘(c) SERVICER.— to carry out this chapter shall remain available the extent not drawn upon, shall be available ‘‘(1) IN GENERAL.—The Secretary may appoint until expended. during the 10-year period beginning on the date a financial entity to assist the Secretary in serv- ‘‘(6) ADMINISTRATIVE COSTS.—Of the amounts of substantial completion of the project. icing the Federal credit instruments. made available to carry out this chapter, the ‘‘(7) RIGHTS OF THIRD-PARTY CREDITORS.— ‘‘(2) DUTIES.—A servicer appointed under Secretary may use not more than 0.50 percent ‘‘(A) AGAINST FEDERAL GOVERNMENT.—A paragraph (1) shall act as the agent for the Sec- for each fiscal year for the administration of third-party creditor of the obligor shall not have retary. this chapter. any right against the Federal Government with ‘‘(3) FEE.—A servicer appointed under para- ‘‘(b) CONTRACT AUTHORITY.— respect to any draw on a line of credit under graph (1) shall receive a servicing fee, subject to ‘‘(1) IN GENERAL.—Notwithstanding any other this section. approval by the Secretary. provision of law, execution of a term sheet by ‘‘(B) ASSIGNMENT.—An obligor may assign a ‘‘(d) ASSISTANCE FROM EXPERT FIRMS.—The the Secretary of a Federal credit instrument line of credit under this section to— Secretary may retain the services of expert that uses amounts made available under this ‘‘(i) 1 or more lenders; or firms, including counsel, in the field of munic- chapter shall impose on the United States a con- ‘‘(ii) a trustee on the behalf of such a lender. ipal and project finance to assist in the under- tractual obligation to fund the Federal credit in- ‘‘(8) NONSUBORDINATION.— writing and servicing of Federal credit instru- vestment. ‘‘(A) IN GENERAL.—Except as provided in sub- ments. ‘‘(2) AVAILABILITY.—Amounts made available paragraph (B), a direct loan under this section ‘‘(e) EXPEDITED PROCESSING.—The Secretary to carry out this chapter for a fiscal year shall shall not be subordinated to the claims of any shall implement procedures and measures to be available for obligation on October 1 of the holder of project obligations in the event of economize the time and cost involved in obtain- fiscal year. bankruptcy, insolvency, or liquidation of the ob- ing approval and the issuance of credit assist- ‘‘§ 609. Reports to Congress ligor. ance under this chapter. ‘‘(B) PRE-EXISTING INDENTURE.— ‘‘(a) IN GENERAL.—On June 1, 2012, and every ‘‘§ 606. State and local permits ‘‘(i) IN GENERAL.—The Secretary shall waive 2 years thereafter, the Secretary shall submit to the requirement of subparagraph (A) for a pub- ‘‘The provision of credit assistance under this Congress a report summarizing the financial lic agency borrower that is financing ongoing chapter with respect to a project shall not— performance of the projects that are receiving, ‘‘(1) relieve any recipient of the assistance of capital programs and has outstanding senior or have received, assistance under this chapter any obligation to obtain any required State or bonds under a preexisting indenture, if— (other than section 610), including a rec- ‘‘(I) the line of credit is rated in the A cat- local permit or approval with respect to the ommendation as to whether the objectives of this egory or higher; project; chapter (other than section 610) are best served ‘‘(II) the TIFIA program loan resulting from a ‘‘(2) limit the right of any unit of State or by— draw on the line of credit is payable from local government to approve or regulate any ‘‘(1) continuing the program under the au- pledged revenues not affected by project per- rate of return on private equity invested in the thority of the Secretary; formance, such as a tax-backed revenue pledge project; or ‘‘(2) establishing a Federal corporation or fed- ‘‘(3) otherwise supersede any State or local or a system-backed pledge of project revenues; erally sponsored enterprise to administer the law (including any regulation) applicable to the and program; or ‘‘(III) the TIFIA program share of eligible construction or operation of the project. ‘‘(3) phasing out the program and relying on project costs is 33 percent or less. ‘‘§ 607. Regulations the capital markets to fund the types of infra- ‘‘(ii) LIMITATION.—If the Secretary waives the ‘‘The Secretary may promulgate such regula- structure investments assisted by this chapter nonsubordination requirement under this sub- tions as the Secretary determines to be appro- (other than section 610) without Federal partici- paragraph— priate to carry out this chapter. pation.

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‘‘(b) APPLICATION PROCESS REPORT.— service to all users, including individuals with ‘‘(II) establishes new or enhanced coordina- ‘‘(1) IN GENERAL.—Not later than December 1, disabilities, seniors, and individuals who depend tion between public transportation and other 2012, and annually thereafter, the Secretary on public transportation; transportation; shall submit to the Committee on Transportation ‘‘(7) support research, development, dem- ‘‘(iii) provides a fair share of revenue that will and Infrastructure of the House of Representa- onstration, and deployment projects dedicated be used for public transportation; tives and the Committee on Environment and to assisting in the delivery of efficient and effec- ‘‘(iv) provides that a person making an agree- Public Works of the Senate a report that in- tive public transportation service; and ment to occupy space in a facility constructed cludes a list of all of the letters of interest and ‘‘(8) promote the development of the public under this paragraph shall pay a fair share of applications received from project sponsors for transportation workforce.’’. the costs of the facility through rental payments assistance under this chapter (other than sec- SEC. 20004. DEFINITIONS. and other means; tion 610) during the preceding fiscal year. Section 5302 of title 49, United States Code, is ‘‘(v) may include— ‘‘(2) INCLUSIONS.— amended to read as follows: ‘‘(I) property acquisition; ‘‘(A) IN GENERAL.—Each report under para- ‘‘§ 5302. Definitions ‘‘(II) demolition of existing structures; graph (1) shall include, at a minimum, a de- ‘‘Except as otherwise specifically provided, in ‘‘(III) site preparation; scription of, with respect to each letter of inter- this chapter the following definitions apply: ‘‘(IV) utilities; est and application included in the report— ‘‘(1) ASSOCIATED TRANSIT IMPROVEMENT.—The ‘‘(V) building foundations; ‘‘(i) the date on which the letter of interest or term ‘associated transit improvement’ means, ‘‘(VI) walkways; application was received; with respect to any project or an area to be ‘‘(VII) pedestrian and bicycle access to a pub- ‘‘(ii) the date on which a notification was pro- served by a project, projects that are designed to lic transportation facility; vided to the project sponsor regarding whether enhance public transportation service or use ‘‘(VIII) construction, renovation, and im- the application was complete or incomplete; and that are physically or functionally related provement of intercity bus and intercity rail sta- ‘‘(iii) the date on which a revised and com- to transit facilities. Eligible projects are— tions and terminals; pleted application was submitted (if applicable); ‘‘(A) historic preservation, rehabilitation, and ‘‘(IX) renovation and improvement of historic ‘‘(iv) the date on which a notification was operation of historic public transportation transportation facilities; provided to the project sponsor regarding buildings, structures, and facilities (including ‘‘(X) open space; whether the project was approved or dis- historic bus and railroad facilities) intended for ‘‘(XI) safety and security equipment and fa- approved; and use in public transportation service; cilities (including lighting, surveillance, and re- ‘‘(v) if the project was not approved, the rea- ‘‘(B) bus shelters; lated intelligent transportation system applica- son for the disapproval. ‘‘(C) landscaping and streetscaping, including tions); ‘‘(B) CORRESPONDENCE.—Each report under benches, trash receptacles, and street lights; ‘‘(XII) facilities that incorporate community paragraph (1) shall include copies of any cor- ‘‘(D) pedestrian access and walkways; services such as daycare or health care; respondence provided to the project sponsor in ‘‘(E) bicycle access, including bicycle storage ‘‘(XIII) a capital project for, and improving, accordance with section 602(d).’’. facilities and installing equipment for trans- equipment or a facility for an intermodal transporting bicycles on public transportation vehi- fer facility or transportation mall; and DIVISION B—PUBLIC TRANSPORTATION cles; ‘‘(XIV) construction of space for commercial SEC. 20001. SHORT TITLE. ‘‘(F) signage; or uses; and This division may be cited as the ‘‘Federal ‘‘(G) enhanced access for persons with disabil- ‘‘(vi) does not include outfitting of commercial Public Transportation Act of 2012’’. ities to public transportation. space (other than an intercity bus or rail station SEC. 20002. REPEALS. ‘‘(2) BUS RAPID TRANSIT SYSTEM.—The term or terminal) or a part of a public facility not re- (a) CHAPTER 53.—Chapter 53 of title 49, United ‘bus rapid transit system’ means a bus transit lated to public transportation; States Code, is amended by striking sections system— ‘‘(H) the introduction of new technology, 5308, 5316, 5317, 5320, and 5328. ‘‘(A) in which the majority of each line oper- through innovative and improved products, into (b) TRANSPORTATION EQUITY ACT FOR THE ates in a separated right-of-way dedicated for public transportation; 21ST CENTURY.—Section 3038 of the Transpor- public transportation use during peak periods; ‘‘(I) the provision of nonfixed route para- tation Equity Act for the 21st Century (49 U.S.C. and transit transportation services in accordance 5310 note) is repealed. ‘‘(B) that includes features that emulate the with section 223 of the Americans with Disabil- (c) SAFETEA–LU.—The following provisions services provided by rail fixed guideway public ities Act of 1990 (42 U.S.C. 12143), but only for are repealed: transportation systems, including— grant recipients that are in compliance with ap- (1) Section 3009(i) of SAFETEA–LU (Public ‘‘(i) defined stations; plicable requirements of that Act, including both ‘‘(ii) traffic signal priority for public transpor- Law 109–59; 119 Stat. 1572). fixed route and demand responsive service, and tation vehicles; (2) Section 3011(c) of SAFETEA–LU (49 U.S.C. only for amounts not to exceed 10 percent of ‘‘(iii) short headway bidirectional services for such recipient’s annual formula apportionment 5309 note). a substantial part of weekdays and weekend (3) Section 3012(b) of SAFETEA–LU (49 U.S.C. under sections 5307 and 5311; days; and ‘‘(J) establishing a debt service reserve, made 5310 note). ‘‘(iv) any other features the Secretary may de- up of deposits with a bondholder’s trustee, to (4) Section 3045 of SAFETEA–LU (49 U.S.C. termine are necessary to produce high-quality ensure the timely payment of principal and in- 5308 note). public transportation services that emulate the terest on bonds issued by a grant recipient to fi- (5) Section 3046 of SAFETEA–LU (49 U.S.C. services provided by rail fixed guideway public 5338 note). nance an eligible project under this chapter; transportation systems. ‘‘(K) mobility management— SEC. 20003. POLICIES AND PURPOSES. ‘‘(3) CAPITAL PROJECT.—The term ‘capital ‘‘(i) consisting of short-range planning and Section 5301 of title 49, United States Code, is project’ means a project for— management activities and projects for improv- amended to read as follows: ‘‘(A) acquiring, constructing, supervising, or ing coordination among public transportation inspecting equipment or a facility for use in ‘‘§ 5301. Policies and purposes and other transportation service providers car- public transportation, expenses incidental to the ‘‘(a) DECLARATION OF POLICY.—It is in the in- ried out by a recipient or subrecipient through acquisition or construction (including designing, terest of the United States, including the eco- an agreement entered into with a person, in- engineering, location surveying, mapping, and nomic interest of the United States, to foster the cluding a governmental entity, under this chap- acquiring rights-of-way), payments for the cap- development and revitalization of public trans- ter (other than section 5309); but ital portions of rail trackage rights agreements, portation systems with the cooperation of both ‘‘(ii) excluding operating public transpor- transit-related intelligent transportation sys- public transportation companies and private tation services; or tems, relocation assistance, acquiring replace- companies engaged in public transportation. ‘‘(L) associated capital maintenance, includ- ment housing sites, and acquiring, constructing, ‘‘(b) GENERAL PURPOSES.—The purposes of ing— relocating, and rehabilitating replacement hous- this chapter are to— ‘‘(i) equipment, tires, tubes, and material, ing; ‘‘(1) provide funding to support public trans- each costing at least .5 percent of the current ‘‘(B) rehabilitating a bus; portation; ‘‘(C) remanufacturing a bus; fair market value of rolling stock comparable to ‘‘(2) improve the development and delivery of ‘‘(D) overhauling rail rolling stock; the rolling stock for which the equipment, tires, capital projects; ‘‘(E) preventive maintenance; tubes, and material are to be used; and ‘‘(3) establish standards for the state of good ‘‘(F) leasing equipment or a facility for use in ‘‘(ii) reconstruction of equipment and mate- repair of public transportation infrastructure public transportation, subject to regulations rial, each of which after reconstruction will and vehicles; that the Secretary prescribes limiting the leasing have a fair market value of at least .5 percent of ‘‘(4) promote continuing, cooperative, and arrangements to those that are more cost-effec- the current fair market value of rolling stock comprehensive planning that improves the per- tive than purchase or construction; comparable to the rolling stock for which the formance of the transportation network; ‘‘(G) a joint development improvement that— equipment and material will be used. ‘‘(5) establish a technical assistance program ‘‘(i) enhances economic development or incor- ‘‘(4) DESIGNATED RECIPIENT.—The term ‘des- to assist recipients under this chapter to more porates private investment, such as commercial ignated recipient’ means— effectively and efficiently provide public trans- and residential development; ‘‘(A) an entity designated, in accordance with portation service; ‘‘(ii)(I) enhances the effectiveness of public the planning process under sections 5303 and ‘‘(6) continue Federal support for public transportation and is related physically or func- 5304, by the Governor of a State, responsible transportation providers to deliver high quality tionally to public transportation; or local officials, and publicly owned operators of

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public transportation, to receive and apportion ‘‘(12) NET PROJECT COST.—The term ‘net transportation planning processes by metropoli- amounts under section 5336 to urbanized areas project cost’ means the part of a project that tan planning organizations, State departments of 200,000 or more in population; or reasonably cannot be financed from revenues. of transportation, and public transit operators ‘‘(B) a State or regional authority, if the au- ‘‘(13) NEW BUS MODEL.—The term ‘new bus as guided by the planning factors identified in thority is responsible under the laws of a State model’ means a bus model (including a model subsection (h) and section 5304(d). for a capital project and for financing and di- using alternative fuel)— ‘‘(b) DEFINITIONS.—In this section and section rectly providing public transportation. ‘‘(A) that has not been used in public trans- 5304, the following definitions apply: ‘‘(5) DISABILITY.—The term ‘disability’ has the portation in the United States before the date of ‘‘(1) METROPOLITAN PLANNING AREA.—The same meaning as in section 3(1) of the Ameri- production of the model; or term ‘metropolitan planning area’ means the ge- cans with Disabilities Act of 1990 (42 U.S.C. ‘‘(B) used in public transportation in the ographic area determined by agreement between 12102). United States, but being produced with a major the metropolitan planning organization for the ‘‘(6) EMERGENCY REGULATION.—The term change in configuration or components. area and the Governor under subsection (e). ‘emergency regulation’ means a regulation— ‘‘(14) PUBLIC TRANSPORTATION.—The term ‘‘(2) METROPOLITAN PLANNING ORGANIZA- ‘‘(A) that is effective temporarily before the ‘public transportation’— TION.—The term ‘metropolitan planning organi- expiration of the otherwise specified periods of ‘‘(A) means regular, continuing shared-ride zation’ means the policy board of an organiza- time for public notice and comment under sec- surface transportation services that are open to tion established as a result of the designation tion 5334(c); and the general public or open to a segment of the process under subsection (d). ‘‘(B) prescribed by the Secretary as the result general public defined by age, disability, or low ‘‘(3) NONMETROPOLITAN AREA.—The term of a finding that a delay in the effective date of income; and ‘nonmetropolitan area’ means a geographic area the regulation— ‘‘(B) does not include— outside designated metropolitan planning areas. ‘‘(i) would injure seriously an important pub- ‘‘(i) intercity passenger rail transportation ‘‘(4) NONMETROPOLITAN LOCAL OFFICIAL.—The lic interest; provided by the entity described in chapter 243 term ‘nonmetropolitan local official’ means ‘‘(ii) would frustrate substantially legislative (or a successor to such entity); elected and appointed officials of general pur- policy and intent; or ‘‘(ii) intercity bus service; pose local government in a nonmetropolitan ‘‘(iii) would damage seriously a person or ‘‘(iii) charter bus service; area with responsibility for transportation. class without serving an important public inter- ‘‘(iv) school bus service; ‘‘(5) REGIONAL TRANSPORTATION PLANNING OR- est. ‘‘(v) sightseeing service; GANIZATION.—The term ‘regional transportation ‘‘(7) FIXED GUIDEWAY.—The term ‘fixed guide- ‘‘(vi) courtesy shuttle service for patrons of planning organization’ means a policy board of way’ means a public transportation facility— one or more specific establishments; or an organization established as the result of a ‘‘(A) using and occupying a separate right-of- ‘‘(vii) intra-terminal or intra-facility shuttle designation under section 5304(l). way for the exclusive use of public transpor- services. ‘‘(6) TIP.—The term ‘TIP’ means a transportation; ‘‘(15) REGULATION.—The term ‘regulation’ tation improvement program developed by a met- ‘‘(B) using rail; means any part of a statement of general or par- ropolitan planning organization under sub- ‘‘(C) using a fixed catenary system; section (j). ‘‘(D) for a passenger ferry system; or ticular applicability of the Secretary designed to ‘‘(7) URBANIZED AREA.—The term ‘urbanized ‘‘(E) for a bus rapid transit system. carry out, interpret, or prescribe law or policy in area’ means a geographic area with a popu- ‘‘(8) GOVERNOR.—The term ‘Governor’— carrying out this chapter. ‘‘(A) means the Governor of a State, the ‘‘(16) RURAL AREA.—The term ‘rural area’ lation of 50,000 or more, as determined by the mayor of the District of Columbia, and the chief means an area encompassing a population of Bureau of the Census. executive officer of a territory of the United less than 50,000 people that has not been des- ‘‘(c) GENERAL REQUIREMENTS.— ‘‘(1) DEVELOPMENT OF LONG-RANGE PLANS AND States; and ignated in the most recent decennial census as ‘‘(B) includes the designee of the Governor. an ‘urbanized area’ by the Secretary of Com- TIPS.—To accomplish the objectives in sub- ‘‘(9) JOB ACCESS AND REVERSE COMMUTE merce. section (a), metropolitan planning organizations PROJECT.— ‘‘(17) SECRETARY.—The term ‘Secretary’ means designated under subsection (d), in cooperation ‘‘(A) IN GENERAL.—The term ‘job access and the Secretary of Transportation. with the State and public transportation opera- reverse commute project’ means a transportation ‘‘(18) SENIOR.—The term ‘senior’ means an in- tors, shall develop long-range transportation project to finance planning, capital, and oper- dividual who is 65 years of age or older. plans and transportation improvement programs ating costs that support the development and ‘‘(19) STATE.—The term ‘State’ means a State through a performance-driven, outcome-based maintenance of transportation services designed of the United States, the District of Columbia, approach to planning for metropolitan areas of to transport welfare recipients and eligible low- Puerto Rico, the Northern Mariana Islands, the State. income individuals to and from jobs and activi- Guam, American Samoa, and the Virgin Islands. ‘‘(2) CONTENTS.—The plans and TIPs for each ties related to their employment, including ‘‘(20) STATE OF GOOD REPAIR.—The term ‘state metropolitan area shall provide for the develop- transportation projects that facilitate the provi- of good repair’ has the meaning given that term ment and integrated management and operation sion of public transportation services from ur- by the Secretary, by rule, under section 5326(b). of transportation systems and facilities (includ- banized areas and rural areas to suburban em- ‘‘(21) TRANSIT.—The term ‘transit’ means pub- ing accessible pedestrian walkways and bicycle ployment locations. lic transportation. transportation facilities) that will function as ‘‘(B) DEFINITIONS.—In this paragraph: ‘‘(22) URBAN AREA.—The term ‘urban area’ an intermodal transportation system for the ‘‘(i) ELIGIBLE LOW-INCOME INDIVIDUAL.—The means an area that includes a municipality or metropolitan planning area and as an integral term ‘eligible low-income individual’ means an other built-up place that the Secretary, after part of an intermodal transportation system for individual whose family income is at or below considering local patterns and trends of urban the State and the United States. 150 percent of the poverty line (as that term is growth, decides is appropriate for a local public ‘‘(3) PROCESS OF DEVELOPMENT.—The process defined in section 673(2) of the Community Serv- transportation system to serve individuals in the for developing the plans and TIPs shall provide ice Block Grant Act (42 U.S.C. 9902(2)), includ- locality. for consideration of all modes of transportation ing any revision required by that section) for a ‘‘(23) URBANIZED AREA.—The term ‘urbanized and shall be continuing, cooperative, and com- family of the size involved. area’ means an area encompassing a population prehensive to the degree appropriate, based on ‘‘(ii) WELFARE RECIPIENT.—The term ‘welfare of not less than 50,000 people that has been de- the complexity of the transportation problems to recipient’ means an individual who has received fined and designated in the most recent decen- be addressed. assistance under a State or tribal program fund- nial census as an ‘urbanized area’ by the Sec- ‘‘(d) DESIGNATION OF METROPOLITAN PLAN- ed under part A of title IV of the Social Security retary of Commerce.’’. NING ORGANIZATIONS.— ‘‘(1) IN GENERAL.—To carry out the transpor- Act (42 U.S.C. 601 et seq.) at any time during the SEC. 20005. METROPOLITAN TRANSPORTATION 3-year period before the date on which the ap- PLANNING. tation planning process required by this section, a metropolitan planning organization shall be plicant applies for a grant under section 5307 or (a) AMENDMENT.—Section 5303 of title 49, 5311. United States Code, is amended to read as fol- designated for each urbanized area with a pop- ‘‘(10) LOCAL GOVERNMENTAL AUTHORITY.—The lows: ulation of more than 50,000 individuals— term ‘local governmental authority’ includes— ‘‘(A) by agreement between the Governor and ‘‘(A) a political subdivision of a State; ‘‘§ 5303. Metropolitan transportation planning units of general purpose local government that ‘‘(B) an authority of at least 1 State or polit- ‘‘(a) POLICY.—It is in the national interest— together represent at least 75 percent of the af- ical subdivision of a State; ‘‘(1) to encourage and promote the safe and fected population (including the largest incor- ‘‘(C) an Indian tribe; and efficient management, operation, and develop- porated city (based on population) as deter- ‘‘(D) a public corporation, board, or commis- ment of surface transportation systems that will mined by the Bureau of the Census); or sion established under the laws of a State. serve the mobility needs of people and freight ‘‘(B) in accordance with procedures estab- ‘‘(11) LOW-INCOME INDIVIDUAL.—The term and foster economic growth and development lished by applicable State or local law. ‘low-income individual’ means an individual within and between States and urbanized areas, ‘‘(2) STRUCTURE.—Not later than 2 years after whose family income is at or below 150 percent while minimizing transportation-related fuel the date of enactment of the Federal Public of the poverty line, as that term is defined in consumption and air pollution through metro- Transportation Act of 2012, each metropolitan section 673(2) of the Community Services Block politan and statewide transportation planning planning organization that serves an area des- Grant Act (42 U.S.C. 9902(2)), including any re- processes identified in this chapter; and ignated as a transportation management area vision required by that section, for a family of ‘‘(2) to encourage the continued improvement shall consist of— the size involved. and evolution of the metropolitan and statewide ‘‘(A) local elected officials;

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00331 Fmt 4634 Sfmt 6333 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H4490 CONGRESSIONAL RECORD — HOUSE June 28, 2012 ‘‘(B) officials of public agencies that admin- area designated after the date of enactment of this section shall provide for consideration of ister or operate major modes of transportation in the SAFETEA-LU, as a nonattainment area for projects and strategies that will— the metropolitan area, including representation ozone or carbon monoxide, the boundaries of the ‘‘(A) support the economic vitality of the met- by providers of public transportation; and metropolitan planning area— ropolitan area, especially by enabling global ‘‘(C) appropriate State officials. ‘‘(A) shall be established in the manner de- competitiveness, productivity, and efficiency; ‘‘(3) LIMITATION ON STATUTORY CONSTRUC- scribed in subsection (d)(1); ‘‘(B) increase the safety of the transportation TION.—Nothing in this subsection shall be con- ‘‘(B) shall encompass the areas described in system for motorized and nonmotorized users; strued to interfere with the authority, under paragraph (2)(A); ‘‘(C) increase the security of the transpor- any State law in effect on December 18, 1991, of ‘‘(C) may encompass the areas described in tation system for motorized and nonmotorized a public agency with multimodal transportation paragraph (2)(B); and users; responsibilities— ‘‘(D) may address any nonattainment area ‘‘(D) increase the accessibility and mobility of ‘‘(A) to develop the plans and TIPs for adop- identified under the Clean Air Act (42 U.S.C. people and for freight; tion by a metropolitan planning organization; 7401 et seq.) for ozone or carbon monoxide. ‘‘(E) protect and enhance the environment, and ‘‘(f) COORDINATION IN MULTISTATE AREAS.— promote energy conservation, improve the qual- ‘‘(B) to develop long-range capital plans, co- ‘‘(1) IN GENERAL.—The Secretary shall encour- ity of life, and promote consistency between ordinate transit services and projects, and carry age each Governor with responsibility for a por- transportation improvements and State and out other activities pursuant to State law. tion of a multistate metropolitan area and the local planned growth and economic development ‘‘(4) CONTINUING DESIGNATION.—A designation appropriate metropolitan planning organiza- patterns; of a metropolitan planning organization under tions to provide coordinated transportation ‘‘(F) enhance the integration and connectivity this subsection or any other provision of law planning for the entire metropolitan area. of the transportation system, across and be- shall remain in effect until the metropolitan ‘‘(2) INTERSTATE COMPACTS.—The consent of tween modes, for people and freight; planning organization is redesignated under Congress is granted to any 2 or more States— ‘‘(G) promote efficient system management paragraph (5). ‘‘(A) to enter into agreements or compacts, not and operation; and ‘‘(5) REDESIGNATION PROCEDURES.— in conflict with any law of the United States, ‘‘(H) emphasize the preservation of the exist- ‘‘(A) IN GENERAL.—A metropolitan planning for cooperative efforts and mutual assistance in ing transportation system. organization may be redesignated by agreement support of activities authorized under this sec- ‘‘(2) PERFORMANCE-BASED APPROACH.— between the Governor and units of general pur- tion as the activities pertain to interstate areas ‘‘(A) IN GENERAL.—The metropolitan transpor- pose local government that together represent at and localities within the States; and tation planning process shall provide for the es- least 75 percent of the existing planning area ‘‘(B) to establish such agencies, joint or other- tablishment and use of a performance-based ap- population (including the largest incorporated wise, as the States may determine desirable for proach to transportation decisionmaking to sup- city (based on population) as determined by the making the agreements and compacts effective. port the national goals described in section Bureau of the Census) as appropriate to carry ‘‘(3) RESERVATION OF RIGHTS.—The right to 150(b) of title 23 and the general purposes de- out this section. alter, amend, or repeal interstate compacts en- scribed in section 5301. ‘‘(B) RESTRUCTURING.—A metropolitan plan- tered into under this subsection is expressly re- ‘‘(B) PERFORMANCE TARGETS.— ning organization may be restructured to meet served. ‘‘(i) SURFACE TRANSPORTATION PERFORMANCE the requirements of paragraph (2) without un- ‘‘(g) MPO CONSULTATION IN PLAN AND TIP TARGETS.— dertaking a redesignation. COORDINATION.— ‘‘(I) IN GENERAL.—Each metropolitan plan- ‘‘(6) DESIGNATION OF MORE THAN 1 METROPOLI- ‘‘(1) NONATTAINMENT AREAS.—If more than 1 ning organization shall establish performance TAN PLANNING ORGANIZATION.—More than 1 met- metropolitan planning organization has author- targets that address the performance measures ropolitan planning organization may be des- ity within a metropolitan area or an area which described in section 150(c) of title 23, where ap- ignated within an existing metropolitan plan- is designated as a nonattainment area for ozone plicable, to use in tracking progress towards at- ning area only if the Governor and the existing or carbon monoxide under the Clean Air Act (42 tainment of critical outcomes for the region of metropolitan planning organization determine U.S.C. 7401 et seq.), each metropolitan planning the metropolitan planning organization. that the size and complexity of the existing met- organization shall consult with the other metro- ‘‘(II) COORDINATION.—Selection of perform- ropolitan planning area make designation of politan planning organizations designated for ance targets by a metropolitan planning organi- more than 1 metropolitan planning organization such area and the State in the coordination of zation shall be coordinated with the relevant for the area appropriate. plans and TIPs required by this section. State to ensure consistency, to the maximum ex- ‘‘(e) METROPOLITAN PLANNING AREA BOUND- ‘‘(2) TRANSPORTATION IMPROVEMENTS LOCATED tent practicable. ARIES.— IN MULTIPLE MPOS.—If a transportation im- ‘‘(ii) PUBLIC TRANSPORTATION PERFORMANCE ‘‘(1) IN GENERAL.—For the purposes of this provement, funded under this chapter or title 23, TARGETS.—Selection of performance targets by a section, the boundaries of a metropolitan plan- is located within the boundaries of more than 1 metropolitan planning organization shall be co- ning area shall be determined by agreement be- metropolitan planning area, the metropolitan ordinated, to the maximum extent practicable, tween the metropolitan planning organization planning organizations shall coordinate plans with providers of public transportation to en- and the Governor. sure consistency with sections 5326(c) and ‘‘(2) INCLUDED AREA.—Each metropolitan and TIPs regarding the transportation improve- planning area— ment. 5329(d). ‘‘(A) shall encompass at least the existing ur- ‘‘(3) RELATIONSHIP WITH OTHER PLANNING OF- ‘‘(C) TIMING.—Each metropolitan planning or- banized area and the contiguous area expected FICIALS.— ganization shall establish the performance tar- to become urbanized within a 20-year forecast ‘‘(A) IN GENERAL.—The Secretary shall en- gets under subparagraph (B) not later than 180 period for the transportation plan; and courage each metropolitan planning organiza- days after the date on which the relevant State ‘‘(B) may encompass the entire metropolitan tion to consult with officials responsible for or provider of public transportation establishes statistical area or consolidated metropolitan sta- other types of planning activities that are af- the performance targets. tistical area, as defined by the Bureau of the fected by transportation in the area (including ‘‘(D) INTEGRATION OF OTHER PERFORMANCE- Census. State and local planned growth, economic devel- BASED PLANS.—A metropolitan planning organi- ‘‘(3) IDENTIFICATION OF NEW URBANIZED AREAS opment, environmental protection, airport oper- zation shall integrate in the metropolitan trans- WITHIN EXISTING PLANNING AREA BOUNDARIES.— ations, and freight movements) or to coordinate portation planning process, directly or by ref- The designation by the Bureau of the Census of its planning process, to the maximum extent erence, the goals, objectives, performance meas- new urbanized areas within an existing metro- practicable, with such planning activities. ures, and targets described in other State trans- politan planning area shall not require the re- ‘‘(B) REQUIREMENTS.—Under the metropolitan portation plans and transportation processes, as designation of the existing metropolitan plan- planning process, transportation plans and well as any plans developed by recipients of as- ning organization. TIPs shall be developed with due consideration sistance under this chapter, required as part of ‘‘(4) EXISTING METROPOLITAN PLANNING AREAS of other related planning activities within the a performance-based program. IN NONATTAINMENT.— metropolitan area, and the process shall provide ‘‘(3) FAILURE TO CONSIDER FACTORS.—The ‘‘(A) IN GENERAL.—Notwithstanding para- for the design and delivery of transportation failure to consider any factor specified in paragraph (2), except as provided in subparagraph services within the metropolitan area that are graphs (1) and (2) shall not be reviewable by (B), in the case of an urbanized area designated provided by— any court under this chapter, title 23, sub- as a nonattainment area for ozone or carbon ‘‘(i) recipients of assistance under this chap- chapter II of chapter 5 of title 5, or chapter 7 of monoxide under the Clean Air Act (42 U.S.C. ter; title 5 in any matter affecting a transportation 7401 et seq.) as of the date of enactment of the ‘‘(ii) governmental agencies and nonprofit or- plan, a TIP, a project or strategy, or the certifi- SAFETEA-LU, the boundaries of the metropoli- ganizations (including representatives of the cation of a planning process. tan planning area in existence as of such date agencies and organizations) that receive Federal ‘‘(i) DEVELOPMENT OF TRANSPORTATION of enactment shall be retained. assistance from a source other than the Depart- PLAN.— ‘‘(B) EXCEPTION.—The boundaries described ment of Transportation to provide non- ‘‘(1) REQUIREMENTS.— in subparagraph (A) may be adjusted by agree- emergency transportation services; and ‘‘(A) IN GENERAL.—Each metropolitan plan- ment of the Governor and affected metropolitan ‘‘(iii) recipients of assistance under section 204 ning organization shall prepare and update a planning organizations in the manner described of title 23. transportation plan for its metropolitan plan- in subsection (d)(5). ‘‘(h) SCOPE OF PLANNING PROCESS.— ning area in accordance with the requirements ‘‘(5) NEW METROPOLITAN PLANNING AREAS IN ‘‘(1) IN GENERAL.—The metropolitan planning of this subsection. NONATTAINMENT.—In the case of an urbanized process for a metropolitan planning area under ‘‘(B) FREQUENCY.—

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‘‘(i) IN GENERAL.—The metropolitan planning projects that would be included in the adopted transportation employees, freight shippers, pro- organization shall prepare and update such transportation plan if reasonable additional re- viders of freight transportation services, private plan every 4 years (or more frequently, if the sources beyond those identified in the financial providers of transportation, representatives of metropolitan planning organization elects to up- plan were available. users of public transportation, representatives of date more frequently) in the case of each of the ‘‘(iii) COOPERATIVE DEVELOPMENT.—For the users of pedestrian walkways and bicycle trans- following: purpose of developing the transportation plan, portation facilities, representatives of the dis- ‘‘(I) Any area designated as nonattainment, the metropolitan planning organization, transit abled, and other interested parties with a rea- as defined in section 107(d) of the Clean Air Act operator, and State shall cooperatively develop sonable opportunity to comment on the trans- (42 U.S.C. 7407(d)). estimates of funds that will be available to sup- portation plan. ‘‘(II) Any area that was nonattainment and port plan implementation. ‘‘(B) CONTENTS OF PARTICIPATION PLAN.—A subsequently designated to attainment in ac- ‘‘(F) OPERATIONAL AND MANAGEMENT STRATE- participation plan— cordance with section 107(d)(3) of that Act (42 GIES.—Operational and management strategies ‘‘(i) shall be developed in consultation with U.S.C. 7407(d)(3)) and that is subject to a main- to improve the performance of existing transpor- all interested parties; and tenance plan under section 175A of that Act (42 tation facilities to relieve vehicular congestion ‘‘(ii) shall provide that all interested parties U.S.C. 7505a). and maximize the safety and mobility of people have reasonable opportunities to comment on ‘‘(ii) OTHER AREAS.—In the case of any other and goods. the contents of the transportation plan. area required to have a transportation plan in ‘‘(G) CAPITAL INVESTMENT AND OTHER STRATE- ‘‘(C) METHODS.—In carrying out subpara- accordance with the requirements of this sub- GIES.—Capital investment and other strategies graph (A), the metropolitan planning organiza- section, the metropolitan planning organization to preserve the existing and projected future tion shall, to the maximum extent practicable— shall prepare and update such plan every 5 metropolitan transportation infrastructure and ‘‘(i) hold any public meetings at convenient years unless the metropolitan planning organi- provide for multimodal capacity increases based and accessible locations and times; zation elects to update more frequently. on regional priorities and needs. ‘‘(ii) employ visualization techniques to de- ‘‘(2) TRANSPORTATION PLAN.—A transpor- ‘‘(H) TRANSPORTATION AND TRANSIT ENHANCE- scribe plans; and tation plan under this section shall be in a form MENT ACTIVITIES.—Proposed transportation and ‘‘(iii) make public information available in that the Secretary determines to be appropriate transit enhancement activities. electronically accessible format and means, such and shall contain, at a minimum, the following: ‘‘(3) COORDINATION WITH CLEAN AIR ACT AGEN- as the World Wide Web, as appropriate to afford ‘‘(A) IDENTIFICATION OF TRANSPORTATION FA- CIES.—In metropolitan areas that are in non- reasonable opportunity for consideration of CILITIES.— attainment for ozone or carbon monoxide under public information under subparagraph (A). ‘‘(7) PUBLICATION.—A transportation plan in- ‘‘(i) IN GENERAL.—An identification of trans- the Clean Air Act (42 U.S.C. 7401 et seq.), the portation facilities (including major roadways, metropolitan planning organization shall co- volving Federal participation shall be published transit, multimodal and intermodal facilities, ordinate the development of a transportation or otherwise made readily available by the met- nonmotorized transportation facilities, and plan with the process for development of the ropolitan planning organization for public re- intermodal connectors) that should function as transportation control measures of the State im- view, including (to the maximum extent prac- an integrated metropolitan transportation sys- plementation plan required by that Act. ticable) in electronically accessible formats and tem, giving emphasis to those facilities that ‘‘(4) OPTIONAL SCENARIO DEVELOPMENT.— means, such as the World Wide Web, approved serve important national and regional transpor- ‘‘(A) IN GENERAL.—A metropolitan planning by the metropolitan planning organization and tation functions. organization may, while fitting the needs and submitted for information purposes to the Gov- ‘‘(ii) FACTORS.—In formulating the transpor- complexity of its community, voluntarily elect to ernor at such times and in such manner as the tation plan, the metropolitan planning organi- develop multiple scenarios for consideration as Secretary shall establish. zation shall consider factors described in subpart of the development of the metropolitan ‘‘(8) SELECTION OF PROJECTS FROM ILLUS- section (h) as the factors relate to a 20-year transportation plan, in accordance with sub- TRATIVE LIST.—Notwithstanding paragraph forecast period. paragraph (B). (2)(C), a State or metropolitan planning organi- ‘‘(B) PERFORMANCE MEASURES AND TARGETS.— ‘‘(B) RECOMMENDED COMPONENTS.—A metro- zation shall not be required to select any project A description of the performance measures and politan planning organization that chooses to from the illustrative list of additional projects performance targets used in assessing the per- develop multiple scenarios under subparagraph included in the financial plan under paragraph formance of the transportation system in ac- (A) shall be encouraged to consider— (2)(C). ‘‘(j) METROPOLITAN TIP.— cordance with subsection (h)(2). ‘‘(i) potential regional investment strategies ‘‘(1) DEVELOPMENT.— ‘‘(C) SYSTEM PERFORMANCE REPORT.—A sys- for the planning horizon; ‘‘(A) IN GENERAL.—In cooperation with the tem performance report and subsequent updates ‘‘(ii) assumed distribution of population and State and any affected public transportation op- evaluating the condition and performance of the employment; erator, the metropolitan planning organization transportation system with respect to the per- ‘‘(iii) a scenario that, to the maximum extent designated for a metropolitan area shall develop formance targets described in subsection (h)(2), practicable, maintains baseline conditions for a TIP for the metropolitan planning area that— including— the performance measures identified in sub- ‘‘(i) contains projects consistent with the cur- ‘‘(i) progress achieved by the metropolitan section (h)(2); rent metropolitan transportation plan; planning organization in meeting the perform- ‘‘(iv) a scenario that improves the baseline ‘‘(ii) reflects the investment priorities estab- ance targets in comparison with system perform- conditions for as many of the performance meas- lished in the current metropolitan transpor- ance recorded in previous reports; and ures identified in subsection (h)(2) as possible; tation plan; and ‘‘(ii) for metropolitan planning organizations ‘‘(v) revenue constrained scenarios based on ‘‘(iii) once implemented, is designed to make that voluntarily elect to develop multiple sce- the total revenues expected to be available over progress toward achieving the performance tar- narios, an analysis of how the preferred sce- the forecast period of the plan; and gets established under subsection (h)(2). nario has improved the conditions and perform- ‘‘(vi) estimated costs and potential revenues ‘‘(B) OPPORTUNITY FOR COMMENT.—In devel- ance of the transportation system and how available to support each scenario. oping the TIP, the metropolitan planning orga- changes in local policies and investments have ‘‘(C) METRICS.—In addition to the perform- nization, in cooperation with the State and any impacted the costs necessary to achieve the ance measures identified in section 150(c) of title affected public transportation operator, shall identified performance targets. 23, metropolitan planning organizations may provide an opportunity for participation by in- ‘‘(D) MITIGATION ACTIVITIES.— evaluate scenarios developed under this para- terested parties in the development of the pro- ‘‘(i) IN GENERAL.—A long-range transpor- graph using locally-developed measures. gram, in accordance with subsection (i)(5). tation plan shall include a discussion of types of ‘‘(5) CONSULTATION.— ‘‘(C) FUNDING ESTIMATES.—For the purpose of potential environmental mitigation activities ‘‘(A) IN GENERAL.—In each metropolitan area, developing the TIP, the metropolitan planning and potential areas to carry out these activities, the metropolitan planning organization shall organization, public transportation agency, and including activities that may have the greatest consult, as appropriate, with State and local State shall cooperatively develop estimates of potential to restore and maintain the environ- agencies responsible for land use management, funds that are reasonably expected to be avail- mental functions affected by the plan. natural resources, environmental protection, able to support program implementation. ‘‘(ii) CONSULTATION.—The discussion shall be conservation, and historic preservation con- ‘‘(D) UPDATING AND APPROVAL.—The TIP developed in consultation with Federal, State, cerning the development of a long-range trans- shall be— and tribal wildlife, land management, and regu- portation plan. ‘‘(i) updated at least once every 4 years; and latory agencies. ‘‘(B) ISSUES.—The consultation shall involve, ‘‘(ii) approved by the metropolitan planning ‘‘(E) FINANCIAL PLAN.— as appropriate— organization and the Governor. ‘‘(i) IN GENERAL.—A financial plan that— ‘‘(i) comparison of transportation plans with ‘‘(2) CONTENTS.— ‘‘(I) demonstrates how the adopted transpor- State conservation plans or maps, if available; ‘‘(A) PRIORITY LIST.—The TIP shall include a tation plan can be implemented; or priority list of proposed Federally supported ‘‘(II) indicates resources from public and pri- ‘‘(ii) comparison of transportation plans to in- projects and strategies to be carried out within vate sources that are reasonably expected to be ventories of natural or historic resources, if each 4-year period after the initial adoption of made available to carry out the plan; and available. the TIP. ‘‘(III) recommends any additional financing ‘‘(6) PARTICIPATION BY INTERESTED PARTIES.— ‘‘(B) FINANCIAL PLAN.—The TIP shall include strategies for needed projects and programs. ‘‘(A) IN GENERAL.—Each metropolitan plan- a financial plan that— ‘‘(ii) INCLUSIONS.—The financial plan may in- ning organization shall provide citizens, af- ‘‘(i) demonstrates how the TIP can be imple- clude, for illustrative purposes, additional fected public agencies, representatives of public mented;

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‘‘(ii) indicates resources from public and pri- ‘‘(B) REQUIRED ACTION BY THE SECRETARY.— ‘‘(ii) subject to subparagraph (B), certify, not vate sources that are reasonably expected to be Action by the Secretary shall be required for a less often than once every 4 years, that the re- available to carry out the program; State or metropolitan planning organization to quirements of this paragraph are met with re- ‘‘(iii) identifies innovative financing tech- select any project from the illustrative list of ad- spect to the metropolitan planning process. niques to finance projects, programs, and strate- ditional projects included in the financial plan ‘‘(B) REQUIREMENTS FOR CERTIFICATION.—The gies; and under paragraph (2)(B)(iv) for inclusion in an Secretary may make the certification under sub- ‘‘(iv) may include, for illustrative purposes, approved TIP. paragraph (A) if— additional projects that would be included in ‘‘(7) PUBLICATION.— ‘‘(i) the transportation planning process com- the approved TIP if reasonable additional re- ‘‘(A) PUBLICATION OF TIPS.—A TIP involving plies with the requirements of this section and sources beyond those identified in the financial Federal participation shall be published or oth- other applicable requirements of Federal law; plan were available. erwise made readily available by the metropoli- and ‘‘(C) DESCRIPTIONS.—Each project in the TIP tan planning organization for public review. ‘‘(ii) there is a TIP for the metropolitan plan- shall include sufficient descriptive material ‘‘(B) PUBLICATION OF ANNUAL LISTINGS OF ning area that has been approved by the metro- (such as type of work, termini, length, and PROJECTS.— politan planning organization and the Gov- other similar factors) to identify the project or ‘‘(i) IN GENERAL.—An annual listing of ernor. phase of the project. projects, including investments in pedestrian ‘‘(C) EFFECT OF FAILURE TO CERTIFY.— ‘‘(D) PERFORMANCE TARGET ACHIEVEMENT.— walkways and bicycle transportation facilities, ‘‘(i) WITHHOLDING OF PROJECT FUNDS.—If a The transportation improvement program shall for which Federal funds have been obligated in metropolitan planning process of a metropolitan include, to the maximum extent practicable, a the preceding year shall be published or other- planning organization serving a transportation description of the anticipated effect of the trans- wise made available by the cooperative effort of management area is not certified, the Secretary portation improvement program toward achiev- the State, transit operator, and metropolitan may withhold up to 20 percent of the funds ating the performance targets established in the planning organization for public review. tributable to the metropolitan planning area of metropolitan transportation plan, linking in- ‘‘(ii) REQUIREMENT.—The listing shall be con- the metropolitan planning organization for vestment priorities to those performance targets. sistent with the categories identified in the TIP. projects funded under this chapter and title 23. ‘‘(3) INCLUDED PROJECTS.— ‘‘(k) TRANSPORTATION MANAGEMENT AREAS.— ‘‘(ii) RESTORATION OF WITHHELD FUNDS.—The ‘‘(A) PROJECTS UNDER THIS CHAPTER AND TITLE ‘‘(1) IDENTIFICATION AND DESIGNATION.— withheld funds shall be restored to the metro- 23.—A TIP developed under this subsection for a ‘‘(A) REQUIRED IDENTIFICATION.—The Sec- politan planning area at such time as the metro- metropolitan area shall include the projects retary shall identify as a transportation man- politan planning process is certified by the Sec- within the area that are proposed for funding agement area each urbanized area (as defined retary. by the Bureau of the Census) with a population under this chapter and chapter 1 of title 23. ‘‘(D) REVIEW OF CERTIFICATION.—In making ‘‘(B) PROJECTS UNDER CHAPTER 2 OF TITLE of over 200,000 individuals. certification determinations under this para- ‘‘(B) DESIGNATIONS ON REQUEST.—The Sec- 23.— graph, the Secretary shall provide for public in- retary shall designate any additional area as a ‘‘(i) REGIONALLY SIGNIFICANT PROJECTS.—Re- volvement appropriate to the metropolitan area transportation management area on the request gionally significant projects proposed for fund- under review. ing under chapter 2 of title 23 shall be identified of the Governor and the metropolitan planning ‘‘(l) REPORT ON PERFORMANCE-BASED PLAN- individually in the transportation improvement organization designated for the area. NING PROCESSES.— program. ‘‘(2) TRANSPORTATION PLANS.—In a transpor- ‘‘(1) IN GENERAL.—The Secretary shall submit ‘‘(ii) OTHER PROJECTS.—Projects proposed for tation management area, transportation plans to Congress a report on the effectiveness of the funding under chapter 2 of title 23 that are not shall be based on a continuing and comprehen- performance-based planning processes of metro- determined to be regionally significant shall be sive transportation planning process carried out politan planning organizations under this sec- grouped in 1 line item or identified individually by the metropolitan planning organization in tion, taking into consideration the requirements in the transportation improvement program. cooperation with the State and public transpor- of this subsection ‘‘(C) CONSISTENCY WITH LONG-RANGE TRANS- tation operators. ‘‘(2) REPORT.—Not later than 5 years after the PORTATION PLAN.—Each project shall be con- ‘‘(3) CONGESTION MANAGEMENT PROCESS.— date of enactment of the Federal Public Trans- sistent with the long-range transportation plan ‘‘(A) IN GENERAL.—Within a metropolitan portation Act of 2012, the Secretary shall submit developed under subsection (i) for the area. planning area serving a transportation manage- to Congress a report evaluating— ‘‘(D) REQUIREMENT OF ANTICIPATED FULL ment area, the transportation planning process ‘‘(A) the overall effectiveness of performance- FUNDING.—The program shall include a project, under this section shall address congestion man- or an identified phase of a project, only if full agement through a process that provides for ef- based planning as a tool for guiding transpor- funding can reasonably be anticipated to be fective management and operation, based on a tation investments; available for the project or the identified phase cooperatively developed and implemented metro- ‘‘(B) the effectiveness of the performance- within the time period contemplated for comple- politan-wide strategy, of new and existing based planning process of each metropolitan tion of the project or the identified phase. transportation facilities eligible for funding planning organization under this section; ‘‘(4) NOTICE AND COMMENT.—Before approving under this chapter and title 23 through the use ‘‘(C) the extent to which metropolitan plan- a TIP, a metropolitan planning organization, in of travel demand reduction and operational ning organizations have achieved, or are cur- cooperation with the State and any affected management strategies. rently making substantial progress toward public transportation operator, shall provide an ‘‘(B) SCHEDULE.—The Secretary shall estab- achieving, the performance targets specified opportunity for participation by interested par- lish an appropriate phase-in schedule for com- under this section and whether metropolitan ties in the development of the program, in ac- pliance with the requirements of this section but planning organizations are developing meaning- cordance with subsection (i)(5). no sooner than 1 year after the identification of ful performance targets; and ‘‘(5) SELECTION OF PROJECTS.— a transportation management area. ‘‘(D) the technical capacity of metropolitan ‘‘(A) IN GENERAL.—Except as otherwise pro- ‘‘(4) SELECTION OF PROJECTS.— planning organizations that operate within a vided in subsection (k)(4) and in addition to the ‘‘(A) IN GENERAL.—All Federally funded metropolitan planning area of less than 200,000 TIP development required under paragraph (1), projects carried out within the boundaries of a and their ability to carry out the requirements the selection of Federally funded projects in metropolitan planning area serving a transpor- of this section. metropolitan areas shall be carried out, from the tation management area under title 23 (exclud- ‘‘(3) PUBLICATION.—The report under para- approved TIP— ing projects carried out on the National High- graph (2) shall be published or otherwise made ‘‘(i) by— way System) or under this chapter shall be se- available in electronically accessible formats ‘‘(I) in the case of projects under title 23, the lected for implementation from the approved and means, including on the Internet. State; and TIP by the metropolitan planning organization ‘‘(m) ABBREVIATED PLANS FOR CERTAIN ‘‘(II) in the case of projects under this chap- designated for the area in consultation with the AREAS.— ter, the designated recipients of public transpor- State and any affected public transportation op- ‘‘(1) IN GENERAL.—Subject to paragraph (2), in tation funding; and erator. the case of a metropolitan area not designated ‘‘(ii) in cooperation with the metropolitan ‘‘(B) NATIONAL HIGHWAY SYSTEM PROJECTS.— as a transportation management area under this planning organization. Projects carried out within the boundaries of a section, the Secretary may provide for the devel- ‘‘(B) MODIFICATIONS TO PROJECT PRIORITY.— metropolitan planning area serving a transpor- opment of an abbreviated transportation plan Notwithstanding any other provision of law, ac- tation management area on the National High- and TIP for the metropolitan planning area tion by the Secretary shall not be required to way System shall be selected for implementation that the Secretary determines is appropriate to advance a project included in the approved TIP from the approved TIP by the State in coopera- achieve the purposes of this section, taking into in place of another project in the program. tion with the metropolitan planning organiza- account the complexity of transportation prob- ‘‘(6) SELECTION OF PROJECTS FROM ILLUS- tion designated for the area. lems in the area. TRATIVE LIST.— ‘‘(5) CERTIFICATION.— ‘‘(2) NONATTAINMENT AREAS.—The Secretary ‘‘(A) NO REQUIRED SELECTION.—Notwith- ‘‘(A) IN GENERAL.—The Secretary shall— may not permit abbreviated plans or TIPs for a standing paragraph (2)(B)(iv), a State or metro- ‘‘(i) ensure that the metropolitan planning metropolitan area that is in nonattainment for politan planning organization shall not be re- process of a metropolitan planning organization ozone or carbon monoxide under the Clean Air quired to select any project from the illustrative serving a transportation management area is Act (42 U.S.C. 7401 et seq.). list of additional projects included in the finan- being carried out in accordance with applicable ‘‘(n) ADDITIONAL REQUIREMENTS FOR CERTAIN cial plan under paragraph (2)(B)(iv). provisions of Federal law; and NONATTAINMENT AREAS.—

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‘‘(1) IN GENERAL.—Notwithstanding any other SEC. 20006. STATEWIDE AND NONMETROPOLITAN ‘‘(G) promote efficient system management provisions of this chapter or title 23, for trans- TRANSPORTATION PLANNING. and operation; and portation management areas classified as non- Section 5304 of title 49, United States Code, is ‘‘(H) emphasize the preservation of the exist- attainment for ozone or carbon monoxide pursu- amended to read as follows: ing transportation system. ant to the Clean Air Act (42 U.S.C. 7401 et seq.), ‘‘§ 5304. Statewide and nonmetropolitan trans- ‘‘(2) PERFORMANCE-BASED APPROACH.— Federal funds may not be advanced in such portation planning ‘‘(A) IN GENERAL.—The statewide transpor- area for any highway project that will result in ‘‘(a) GENERAL REQUIREMENTS.— tation planning process shall provide for the es- a significant increase in the carrying capacity ‘‘(1) DEVELOPMENT OF PLANS AND PRO- tablishment and use of a performance-based ap- for single-occupant vehicles unless the project is GRAMS.—Subject to section 5303, to accomplish proach to transportation decisionmaking to sup- addressed through a congestion management the objectives stated in section 5303(a), each port the national goals described in section process. State shall develop a statewide transportation 150(b) of title 23 and the general purposes de- ‘‘(2) APPLICABILITY.—This subsection applies plan and a statewide transportation improve- scribed in section 5301. to a nonattainment area within the metropoli- ment program for all areas of the State. ‘‘(B) PERFORMANCE TARGETS.— tan planning area boundaries determined under ‘‘(2) CONTENTS.—The statewide transportation ‘‘(i) SURFACE TRANSPORTATION PERFORMANCE subsection (e). plan and the transportation improvement pro- TARGETS.— ‘‘(o) LIMITATION ON STATUTORY CONSTRUC- gram developed for each State shall provide for ‘‘(I) IN GENERAL.—Each State shall establish TION.—Nothing in this section shall be con- the development and integrated management performance targets that address the perform- strued to confer on a metropolitan planning or- and operation of transportation systems and fa- ance measures described in section 150(c) of title ganization the authority to impose legal require- cilities (including accessible pedestrian walk- 23, where applicable, to use in tracking progress ments on any transportation facility, provider, ways and bicycle transportation facilities) that towards attainment of critical outcomes for the or project not eligible under this chapter or title will function as an intermodal transportation State. 23. system for the State and an integral part of an ‘‘(II) COORDINATION.—Selection of perform- ‘‘(p) FUNDING.—Funds set aside under section intermodal transportation system for the United ance targets by a State shall be coordinated 104(f) of title 23 or section 5305(g) shall be avail- States. with the relevant metropolitan planning organi- able to carry out this section. ‘‘(3) PROCESS OF DEVELOPMENT.—The process zations to ensure consistency, to the maximum ‘‘(q) CONTINUATION OF CURRENT REVIEW for developing the statewide plan and the trans- extent practicable. PRACTICE.—Since plans and TIPs described in portation improvement program shall provide ‘‘(ii) PUBLIC TRANSPORTATION PERFORMANCE this section are subject to a reasonable oppor- for consideration of all modes of transportation TARGETS.—In urbanized areas with a population tunity for public comment, since individual and the policies stated in section 5303(a) and of fewer than 200,000 individuals, as calculated projects included in plans and TIPs are subject shall be continuing, cooperative, and com- according to the most recent decennial census, to review under the National Environmental prehensive to the degree appropriate, based on and not represented by a metropolitan planning Policy Act of 1969 (42 U.S.C. 4321 et seq.), and the complexity of the transportation problems to organization, selection of performance targets since decisions by the Secretary concerning be addressed. by a State shall be coordinated, to the maximum plans and TIPs described in this section have ‘‘(b) COORDINATION WITH METROPOLITAN extent practicable, with providers of public not been reviewed under that Act as of January PLANNING; STATE IMPLEMENTATION PLAN.—A transportation to ensure consistency with sec- 1, 1997, any decision by the Secretary con- State shall— tions 5326(c) and 5329(d). cerning a plan or TIP described in this section ‘‘(1) coordinate planning carried out under ‘‘(C) INTEGRATION OF OTHER PERFORMANCE- shall not be considered to be a Federal action this section with the transportation planning BASED PLANS.—A State shall integrate into the subject to review under that Act.’’. activities carried out under section 5303 for met- statewide transportation planning process, di- (b) PILOT PROGRAM FOR TRANSIT-ORIENTED ropolitan areas of the State and with statewide rectly or by reference, the goals, objectives, per- DEVELOPMENT PLANNING.— trade and economic development planning ac- formance measures, and targets described in this (1) DEFINITIONS.—In this subsection the fol- tivities and related multistate planning efforts; paragraph, in other State transportation plans lowing definitions shall apply: and and transportation processes, as well as any (A) ELIGIBLE PROJECT.—The term ‘‘eligible ‘‘(2) develop the transportation portion of the plans developed pursuant to title 23 by providers project’’ means a new fixed guideway capital State implementation plan as required by the of public transportation in urbanized areas with project or a core capacity improvement project, Clean Air Act (42 U.S.C. 7401 et seq.). a population of fewer than 200,000 individuals, as those terms are defined in section 5309 of title ‘‘(c) INTERSTATE AGREEMENTS.— as calculated according to the most recent de- 49, United States Code, as amended by this divi- ‘‘(1) IN GENERAL.—Two or more States may cennial census, and not represented by a metro- sion. enter into agreements or compacts, not in con- politan planning organization, required as part (B) SECRETARY.—The term ‘‘Secretary’’ means flict with any law of the United States, for co- of a performance-based program. the Secretary of Transportation. operative efforts and mutual assistance in sup- ‘‘(D) USE OF PERFORMANCE MEASURES AND (2) GENERAL AUTHORITY.—The Secretary may port of activities authorized under this section TARGETS.—The performance measures and tar- make grants under this subsection to a State or related to interstate areas and localities in the gets established under this paragraph shall be local governmental authority to assist in financ- States and establishing authorities the States considered by a State when developing policies, ing comprehensive planning associated with an consider desirable for making the agreements programs, and investment priorities reflected in eligible project that seeks to— and compacts effective. the statewide transportation plan and statewide (A) enhance economic development, ridership, ‘‘(2) RESERVATION OF RIGHTS.—The right to transportation improvement program. and other goals established during the project alter, amend, or repeal interstate compacts en- ‘‘(3) FAILURE TO CONSIDER FACTORS.—The development and engineering processes; tered into under this subsection is expressly re- failure to take into consideration the factors (B) facilitate multimodal connectivity and ac- served. specified in paragraphs (1) and (2) shall not be cessibility; ‘‘(d) SCOPE OF PLANNING PROCESS.— subject to review by any court under this chap- (C) increase access to transit hubs for pedes- ‘‘(1) IN GENERAL.—Each State shall carry out ter, title 23, subchapter II of chapter 5 of title 5, trian and bicycle traffic; a statewide transportation planning process or chapter 7 of title 5 in any matter affecting a (D) enable mixed-use development; statewide transportation plan, a statewide (E) identify infrastructure needs associated that provides for consideration and implementa- transportation improvement program, a project with the eligible project; and tion of projects, strategies, and services that (F) include private sector participation. will— or strategy, or the certification of a planning (3) ELIGIBILITY.—A State or local govern- ‘‘(A) support the economic vitality of the process. mental authority that desires to participate in United States, the States, nonmetropolitan ‘‘(e) ADDITIONAL REQUIREMENTS.—‘‘In car- the program under this subsection shall submit areas, and metropolitan areas, especially by en- rying out planning under this section, each to the Secretary an application that contains, at abling global competitiveness, productivity, and State shall, at a minimum— a minimum— efficiency; ‘‘(1) with respect to nonmetropolitan areas, (A) identification of an eligible project; ‘‘(B) increase the safety of the transportation cooperate with affected local officials with re- (B) a schedule and process for the develop- system for motorized and nonmotorized users; sponsibility for transportation or, if applicable, ment of a comprehensive plan; ‘‘(C) increase the security of the transpor- through regional transportation planning orga- (C) a description of how the eligible project tation system for motorized and nonmotorized nizations described in subsection (l); and the proposed comprehensive plan advance users; ‘‘(2) consider the concerns of Indian tribal the metropolitan transportation plan of the met- ‘‘(D) increase the accessibility and mobility of governments and Federal land management ropolitan planning organization; people and freight; agencies that have jurisdiction over land within (D) proposed performance criteria for the de- ‘‘(E) protect and enhance the environment, the boundaries of the State; and velopment and implementation of the com- promote energy conservation, improve the qual- ‘‘(3) consider coordination of transportation prehensive plan; and ity of life, and promote consistency between plans, the transportation improvement program, (E) identification of— transportation improvements and State and and planning activities with related planning (i) partners; local planned growth and economic development activities being carried out outside of metropoli- (ii) availability of and authority for funding; patterns; tan planning areas and between States. and ‘‘(F) enhance the integration and connectivity ‘‘(f) LONG-RANGE STATEWIDE TRANSPORTATION (iii) potential State, local or other impedi- of the transportation system, across and be- PLAN.— ments to the implementation of the comprehen- tween modes throughout the State, for people ‘‘(1) DEVELOPMENT.—Each State shall develop sive plan. and freight; a long-range statewide transportation plan,

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00335 Fmt 4634 Sfmt 6333 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H4494 CONGRESSIONAL RECORD — HOUSE June 28, 2012 with a minimum 20-year forecast period for all and tribal wildlife, land management, and regu- freight shippers, private providers of transpor- areas of the State, that provides for the develop- latory agencies. tation, providers of freight transportation serv- ment and implementation of the intermodal ‘‘(5) FINANCIAL PLAN.—The statewide trans- ices, representatives of users of public transpor- transportation system of the State. portation plan may include— tation, representatives of users of pedestrian ‘‘(2) CONSULTATION WITH GOVERNMENTS.— ‘‘(A) a financial plan that— walkways and bicycle transportation facilities, ‘‘(A) METROPOLITAN AREAS.—The statewide ‘‘(i) demonstrates how the adopted statewide representatives of the disabled, and other inter- transportation plan shall be developed for each transportation plan can be implemented; ested parties with a reasonable opportunity to metropolitan area in the State in cooperation ‘‘(ii) indicates resources from public and pri- comment on the proposed program. with the metropolitan planning organization vate sources that are reasonably expected to be ‘‘(4) PERFORMANCE TARGET ACHIEVEMENT.—A designated for the metropolitan area under sec- made available to carry out the plan; and statewide transportation improvement program tion 5303. ‘‘(iii) recommends any additional financing shall include, to the maximum extent prac- ‘‘(B) NONMETROPOLITAN AREAS.— strategies for needed projects and programs; and ticable, a discussion of the anticipated effect of ‘‘(i) IN GENERAL.—With respect to nonmetro- ‘‘(B) for illustrative purposes, additional the statewide transportation improvement pro- politan areas, the statewide transportation plan projects that would be included in the adopted gram toward achieving the performance targets shall be developed in cooperation with affected statewide transportation plan if reasonable ad- established in the statewide transportation plan, nonmetropolitan officials with responsibility for ditional resources beyond those identified in the linking investment priorities to those perform- transportation or, if applicable, through re- financial plan were available. ance targets. gional transportation planning organizations ‘‘(6) SELECTION OF PROJECTS FROM ILLUS- ‘‘(5) INCLUDED PROJECTS.— described in subsection (l). TRATIVE LIST.—A State shall not be required to ‘‘(A) IN GENERAL.—A transportation improve- ‘‘(ii) ROLE OF SECRETARY.—The Secretary select any project from the illustrative list of ad- ment program developed under this subsection shall not review or approve the consultation ditional projects included in the financial plan for a State shall include Federally supported process in each State. described in paragraph (5). surface transportation expenditures within the ‘‘(C) INDIAN TRIBAL AREAS.—With respect to ‘‘(7) PERFORMANCE-BASED APPROACH.—The boundaries of the State. each area of the State under the jurisdiction of statewide transportation plan should include— ‘‘(B) LISTING OF PROJECTS.— an Indian tribal government, the statewide ‘‘(A) a description of the performance meas- ‘‘(i) IN GENERAL.—An annual listing of transportation plan shall be developed in con- ures and performance targets used in assessing projects for which funds have been obligated for sultation with the tribal government and the the performance of the transportation system in the preceding year in each metropolitan plan- Secretary of the Interior. accordance with subsection (d)(2); and ning area shall be published or otherwise made ‘‘(D) CONSULTATION, COMPARISON, AND CON- ‘‘(B) a system performance report and subse- available by the cooperative effort of the State, SIDERATION.— quent updates evaluating the condition and per- transit operator, and the metropolitan planning ‘‘(i) IN GENERAL.—The long-range transpor- formance of the transportation system with reorganization for public review. tation plan shall be developed, as appropriate, spect to the performance targets described in ‘‘(ii) FUNDING CATEGORIES.—The listing de- in consultation with State, tribal, and local subsection (d)(2), including progress achieved by scribed in clause (i) shall be consistent with the agencies responsible for land use management, the metropolitan planning organization in meet- funding categories identified in each metropoli- natural resources, environmental protection, ing the performance targets in comparison with tan transportation improvement program. conservation, and historic preservation. system performance recorded in previous re- ‘‘(C) PROJECTS UNDER CHAPTER 2.— ‘‘(i) REGIONALLY SIGNIFICANT PROJECTS.—Re- ‘‘(ii) COMPARISON AND CONSIDERATION.—Con- ports; gionally significant projects proposed for fund- sultation under clause (i) shall involve compari- ‘‘(8) EXISTING SYSTEM.—The statewide trans- ing under chapter 2 of title 23 shall be identified son of transportation plans to State and tribal portation plan should include capital, oper- individually in the transportation improvement conservation plans or maps, if available, and ations and management strategies, investments, program. comparison of transportation plans to inven- procedures, and other measures to ensure the ‘‘(ii) OTHER PROJECTS.—Projects proposed for tories of natural or historic resources, if avail- preservation and most efficient use of the exist- funding under chapter 2 of title 23 that are not able. ing transportation system. determined to be regionally significant shall be ‘‘(3) PARTICIPATION BY INTERESTED PARTIES.— ‘‘(9) PUBLICATION OF LONG-RANGE TRANSPOR- grouped in 1 line item or identified individually ‘‘(A) IN GENERAL.—In developing the state- TATION PLANS.—Each long-range transportation in the transportation improvement program. wide transportation plan, the State shall pro- plan prepared by a State shall be published or ‘‘(D) CONSISTENCY WITH STATEWIDE TRANSPOR- vide to— otherwise made available, including (to the TATION PLAN.—Each project shall be— ‘‘(i) nonmetropolitan local elected officials, or, maximum extent practicable) in electronically ‘‘(i) consistent with the statewide transpor- if applicable, through regional transportation accessible formats and means, such as the World tation plan developed under this section for the planning organizations described in subsection Wide Web. State; (l), an opportunity to participate in accordance ‘‘(g) STATEWIDE TRANSPORTATION IMPROVE- ‘‘(ii) identical to the project or phase of the with subparagraph (B)(i); and MENT PROGRAM.— project as described in an approved metropolitan ‘‘(ii) citizens, affected public agencies, rep- ‘‘(1) DEVELOPMENT.— transportation plan; and resentatives of public transportation employees, ‘‘(A) IN GENERAL.—Each State shall develop a ‘‘(iii) in conformance with the applicable freight shippers, private providers of transpor- statewide transportation improvement program State air quality implementation plan developed tation, representatives of users of public trans- for all areas of the State. under the Clean Air Act (42 U.S.C. 7401 et seq.), portation, representatives of users of pedestrian ‘‘(B) DURATION AND UPDATING OF PROGRAM.— if the project is carried out in an area des- walkways and bicycle transportation facilities, Each program developed under subparagraph ignated as a nonattainment area for ozone, par- representatives of the disabled, providers of (A) shall cover a period of 4 years and shall be ticulate matter, or carbon monoxide under part freight transportation services, and other inter- updated every 4 years or more frequently if the D of title I of that Act (42 U.S.C. 7501 et seq.). ested parties a reasonable opportunity to com- Governor of the State elects to update more fre- ‘‘(E) REQUIREMENT OF ANTICIPATED FULL ment on the proposed plan. quently. FUNDING.—The transportation improvement pro- ‘‘(B) METHODS.—In carrying out subpara- ‘‘(2) CONSULTATION WITH GOVERNMENTS.— gram shall include a project, or an identified graph (A), the State shall, to the maximum ex- ‘‘(A) METROPOLITAN AREAS.—With respect to phase of a project, only if full funding can rea- tent practicable— each metropolitan area in the State, the pro- sonably be anticipated to be available for the ‘‘(i) develop and document a consultative gram shall be developed in cooperation with the project within the time period contemplated for process to carry out subparagraph (A)(i) that is metropolitan planning organization designated completion of the project. separate and discrete from the public involve- for the metropolitan area under section 5303. ‘‘(F) FINANCIAL PLAN.— ment process developed under clause (ii); ‘‘(B) NONMETROPOLITAN AREAS.— ‘‘(i) IN GENERAL.—The transportation im- ‘‘(ii) hold any public meetings at convenient ‘‘(i) IN GENERAL.—With respect to each non- provement program may include a financial and accessible locations and times; metropolitan area in the State, the program plan that demonstrates how the approved trans- ‘‘(iii) employ visualization techniques to de- shall be developed in cooperation with affected portation improvement program can be imple- scribe plans; and nonmetropolitan local officials with responsi- mented, indicates resources from public and pri- ‘‘(iv) make public information available in bility for transportation or, if applicable, vate sources that are reasonably expected to be electronically accessible format and means, such through regional transportation planning orga- made available to carry out the transportation as the World Wide Web, as appropriate to afford nizations described in subsection (l). improvement program, and recommends any ad- reasonable opportunity for consideration of ‘‘(ii) ROLE OF SECRETARY.—The Secretary ditional financing strategies for needed projects public information under subparagraph (A). shall not review or approve the specific con- and programs. ‘‘(4) MITIGATION ACTIVITIES.— sultation process in the State. ‘‘(ii) ADDITIONAL PROJECTS.—The financial ‘‘(A) IN GENERAL.—A long-range transpor- ‘‘(C) INDIAN TRIBAL AREAS.—With respect to plan may include, for illustrative purposes, ad- tation plan shall include a discussion of poten- each area of the State under the jurisdiction of ditional projects that would be included in the tial environmental mitigation activities and po- an Indian tribal government, the program shall adopted transportation plan if reasonable addi- tential areas to carry out these activities, in- be developed in consultation with the tribal gov- tional resources beyond those identified in the cluding activities that may have the greatest po- ernment and the Secretary of the Interior. financial plan were available. tential to restore and maintain the environ- ‘‘(3) PARTICIPATION BY INTERESTED PARTIES.— ‘‘(G) SELECTION OF PROJECTS FROM ILLUS- mental functions affected by the plan. In developing the program, the State shall pro- TRATIVE LIST.— ‘‘(B) CONSULTATION.—The discussion shall be vide citizens, affected public agencies, represent- ‘‘(i) NO REQUIRED SELECTION.—Notwith- developed in consultation with Federal, State, atives of public transportation employees, standing subparagraph (F), a State shall not be

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required to select any project from the illus- ‘‘(i) the overall effectiveness of performance- ‘‘(4) DUTIES.—The duties of a regional trans- trative list of additional projects included in the based planning as a tool for guiding transpor- portation planning organization shall include— financial plan under subparagraph (F). tation investments; and ‘‘(A) developing and maintaining, in coopera- ‘‘(ii) REQUIRED ACTION BY THE SECRETARY.— ‘‘(ii) the effectiveness of the performance- tion with the State, regional long-range Action by the Secretary shall be required for a based planning process of each State. multimodal transportation plans; State to select any project from the illustrative ‘‘(B) PUBLICATION.—The report under sub- ‘‘(B) developing a regional transportation im- list of additional projects included in the finan- paragraph (A) shall be published or otherwise provement program for consideration by the cial plan under subparagraph (F) for inclusion made available in electronically accessible for- State; in an approved transportation improvement pro- mats and means, including on the Internet. ‘‘(C) fostering the coordination of local plan- gram. ‘‘(i) TREATMENT OF CERTAIN STATE LAWS AS ning, land use, and economic development plans CONGESTION MANAGEMENT PROCESSES.—For ‘‘(H) PRIORITIES.—The transportation im- with State, regional, and local transportation purposes of this section and section 5303, and provement program shall reflect the priorities for plans and programs; sections 134 and 135 of title 23, State laws, rules, programming and expenditures of funds, includ- ‘‘(D) providing technical assistance to local or regulations pertaining to congestion manage- ing transportation enhancement activities, re- officials; ment systems or programs may constitute the quired by this chapter and title 23. ‘‘(E) participating in national, multistate, and congestion management process under this this State policy and planning development proc- ‘‘(6) PROJECT SELECTION FOR AREAS OF LESS section and section 5303, and sections 134 and esses to ensure the regional and local input of THAN 50,000 POPULATION.— 135 of title 23, if the Secretary finds that the nonmetropolitan areas; ‘‘(A) IN GENERAL.—Projects carried out in State laws, rules, or regulations are consistent ‘‘(F) providing a forum for public participa- areas with populations of less than 50,000 indi- with, and fulfill the intent of, the purposes of tion in the statewide and regional transpor- viduals shall be selected, from the approved this section and section 5303, and sections 134 tation planning processes; transportation improvement program (excluding and 135 of title 23, as appropriate. ‘‘(G) considering and sharing plans and pro- projects carried out on the National Highway ‘‘(j) CONTINUATION OF CURRENT REVIEW PRAC- grams with neighboring regional transportation System and projects carried out under the bridge TICE.—Since the statewide transportation plan planning organizations, metropolitan planning program or the Interstate maintenance program and the transportation improvement program organizations, and, where appropriate, tribal under title 23 or under sections 5310 and 5311 of described in this section are subject to a reason- organizations; and this chapter), by the State in cooperation with able opportunity for public comment, since indi- ‘‘(H) conducting other duties, as necessary, to the affected nonmetropolitan local officials with vidual projects included in the statewide trans- support and enhance the statewide planning responsibility for transportation or, if applica- portation plans and the transportation improve- process under subsection (d). ble, through regional transportation planning ment program are subject to review under the ‘‘(5) STATES WITHOUT REGIONAL TRANSPOR- organizations described in subsection (l). National Environmental Policy Act of 1969 (42 TATION PLANNING ORGANIZATIONS.—If a State ‘‘(B) OTHER PROJECTS.—Projects carried out U.S.C. 4321 et seq.), and since decisions by the chooses not to establish or designate a regional in areas with populations of less than 50,000 in- Secretary concerning statewide transportation transportation planning organization, the State dividuals on the National Highway System or plans or the transportation improvement pro- shall consult with affected nonmetropolitan under the bridge program or the Interstate gram described in this section have not been re- local officials to determine projects that may be maintenance program under title 23 or under viewed under that Act as of January 1, 1997, of regional significance.’’. sections 5310 and 5311 of this chapter shall be any decision by the Secretary concerning a met- SEC. 20007. URBANIZED AREA FORMULA GRANTS. selected, from the approved statewide transpor- ropolitan or statewide transportation plan or Section 5307 of title 49, United States Code, is tation improvement program, by the State in the transportation improvement program de- amended to read as follows: consultation with the affected nonmetropolitan scribed in this section shall not be considered to local officials with responsibility for transpor- be a Federal action subject to review under the ‘‘§ 5307. Urbanized area formula grants tation. National Environmental Policy Act of 1969 (42 ‘‘(a) GENERAL AUTHORITY.— ‘‘(7) TRANSPORTATION IMPROVEMENT PROGRAM U.S.C. 4321 et seq.). ‘‘(1) GRANTS.—The Secretary may make grants APPROVAL.—Every 4 years, a transportation im- ‘‘(k) SCHEDULE FOR IMPLEMENTATION.—The under this section for— provement program developed under this sub- Secretary shall issue guidance on a schedule for ‘‘(A) capital projects; section shall be reviewed and approved by the implementation of the changes made by this sec- ‘‘(B) planning; Secretary if based on a current planning find- tion, taking into consideration the established ‘‘(C) job access and reverse commute projects; ing. planning update cycle for States. The Secretary and ‘‘(D) operating costs of equipment and facili- ‘‘(8) PLANNING FINDING.—A finding shall be shall not require a State to deviate from its es- ties for use in public transportation in an ur- made by the Secretary at least every 4 years tablished planning update cycle to implement banized area with a population of fewer than that the transportation planning process changes made by this section. States shall re- 200,000 individuals, as determined by the Bu- through which statewide transportation plans flect changes made to their transportation plan reau of the Census. and programs are developed is consistent with or transportation improvement program updates ‘‘(2) SPECIAL RULE.—The Secretary may make this section and section 5303. not later than 2 years after the date of issuance of guidance by the Secretary under this subgrants under this section to finance the oper- ‘‘(9) MODIFICATIONS TO PROJECT PRIORITY.— ating cost of equipment and facilities for use in Notwithstanding any other provision of law, ac- section. ‘‘(l) DESIGNATION OF REGIONAL TRANSPOR- public transportation, excluding rail fixed tion by the Secretary shall not be required to guideway, in an urbanized area with a popu- advance a project included in the approved TATION PLANNING ORGANIZATIONS.— ‘‘(1) IN GENERAL.—To carry out the transpor- lation of not fewer than 200,000 individuals, as transportation improvement program in place of tation planning process required by this section, determined by the Bureau of the Census— another project in the program. a State may establish and designate regional ‘‘(A) for public transportation systems that ‘‘(h) PERFORMANCE-BASED PLANNING PROC- transportation planning organizations to en- operate 75 or fewer buses in fixed route service ESSES EVALUATION.— hance the planning, coordination, and imple- during peak service hours, in an amount not to ‘‘(1) IN GENERAL.—The Secretary shall estab- mentation of statewide strategic long-range exceed 75 percent of the share of the apportion- lish criteria to evaluate the effectiveness of the transportation plans and transportation im- ment which is attributable to such systems with- performance-based planning processes of States, provement programs, with an emphasis on ad- in the urbanized area, as measured by vehicle taking into consideration the following: dressing the needs of nonmetropolitan areas of revenue hours; and ‘‘(A) The extent to which the State is making the State. ‘‘(B) for public transportation systems that progress toward achieving, the performance tar- ‘‘(2) STRUCTURE.—A regional transportation operate a minimum of 76 buses and a maximum gets described in subsection (d)(2), taking into planning organization shall be established as a of 100 buses in fixed route service during peak account whether the State developed appro- multijurisdictional organization of nonmetro- service hours, in an amount not to exceed 50 priate performance targets. politan local officials or their designees who vol- percent of the share of the apportionment which ‘‘(B) The extent to which the State has made unteer for such organization and representa- is attributable to such systems within the urban- transportation investments that are efficient tives of local transportation systems who volun- ized area, as measured by vehicle revenue hours. and cost-effective. teer for such organization. ‘‘(b) PROGRAM OF PROJECTS.—Each recipient ‘‘(C) The extent to which the State— ‘‘(3) REQUIREMENTS.—A regional transpor- of a grant shall— ‘‘(i) has developed an investment process that tation planning organization shall establish, at ‘‘(1) make available to the public information relies on public input and awareness to ensure a minimum— on amounts available to the recipient under this that investments are transparent and account- ‘‘(A) a policy committee, the majority of which section; able; and shall consist of nonmetropolitan local officials, ‘‘(2) develop, in consultation with interested ‘‘(ii) provides reports allowing the public to or their designees, and, as appropriate, addi- parties, including private transportation pro- access the information being collected in a for- tional representatives from the State, private viders, a proposed program of projects for activi- mat that allows the public to meaningfully as- business, transportation service providers, eco- ties to be financed; sess the performance of the State. nomic development practitioners, and the public ‘‘(3) publish a proposed program of projects in ‘‘(2) REPORT.— in the region; and a way that affected individuals, private trans- ‘‘(A) IN GENERAL.—Not later than 5 years ‘‘(B) a fiscal and administrative agent, such portation providers, and local elected officials after the date of enactment of the Federal Pub- as an existing regional planning and develop- have the opportunity to examine the proposed lic Transportation Act of 2012, the Secretary ment organization, to provide professional plan- program and submit comments on the proposed shall submit to Congress a report evaluating— ning, management, and administrative support. program and the performance of the recipient;

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00337 Fmt 4634 Sfmt 6333 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H4496 CONGRESSIONAL RECORD — HOUSE June 28, 2012 ‘‘(4) provide an opportunity for a public hear- ‘‘(L) will comply with section 5329(d); and have carried out independently, reviews and au- ing in which to obtain the views of individuals ‘‘(2) the Secretary accepts the certification. dits the Secretary considers appropriate to es- on the proposed program of projects; ‘‘(d) GOVERNMENT SHARE OF COSTS.— tablish whether the recipient has carried out— ‘‘(5) ensure that the proposed program of ‘‘(1) CAPITAL PROJECTS.—A grant for a capital ‘‘(i) the activities proposed under subsection projects provides for the coordination of public project under this section shall be for 80 percent (c) of this section in a timely and effective way transportation services assisted under section of the net project cost of the project. The recipi- and can continue to do so; and 5336 of this title with transportation services as- ent may provide additional local matching ‘‘(ii) those activities and its certifications and sisted from other United States Government amounts. has used amounts of the Government in the way sources; ‘‘(2) OPERATING EXPENSES.—A grant for oper- required by law. ‘‘(6) consider comments and views received, es- ating expenses under this section may not ex- ‘‘(B) AUDITING PROCEDURES.—An audit of the pecially those of private transportation proceed 50 percent of the net project cost of the use of amounts of the Government shall comply viders, in preparing the final program of project. with the auditing procedures of the Comptroller projects; and ‘‘(3) REMAINING COSTS.—Subject to paragraph General. ‘‘(7) make the final program of projects avail- (4), the remainder of the net project costs shall ‘‘(2) TRIENNIAL REVIEW.—At least once every 3 able to the public. be provided— years, the Secretary shall review and evaluate ‘‘(c) GRANT RECIPIENT REQUIREMENTS.—A re- ‘‘(A) in cash from non-Government sources completely the performance of a recipient in car- cipient may receive a grant in a fiscal year only other than revenues from providing public rying out the recipient’s program, specifically if— transportation services; referring to compliance with statutory and ad- ‘‘(1) the recipient, within the time the Sec- ‘‘(B) from revenues from the sale of adver- ministrative requirements and the extent to retary prescribes, submits a final program of tising and concessions; which actual program activities are consistent projects prepared under subsection (b) of this ‘‘(C) from an undistributed cash surplus, a re- with the activities proposed under subsection (c) section and a certification for that fiscal year placement or depreciation cash fund or reserve, of this section and the planning process re- that the recipient (including a person receiving or new capital; quired under sections 5303, 5304, and 5305 of this amounts from a Governor under this section)— ‘‘(D) from amounts appropriated or otherwise title. To the extent practicable, the Secretary ‘‘(A) has or will have the legal, financial, and made available to a department or agency of the shall coordinate such reviews with any related technical capacity to carry out the program, in- Government (other than the Department of State or local reviews. cluding safety and security aspects of the pro- Transportation) that are eligible to be expended ‘‘(3) ACTIONS RESULTING FROM REVIEW, AUDIT, gram; for transportation; and OR EVALUATION.—The Secretary may take ap- ‘‘(B) has or will have satisfactory continuing ‘‘(E) from amounts received under a service propriate action consistent with a review, audit, control over the use of equipment and facilities; agreement with a State or local social service and evaluation under this subsection, including ‘‘(C) will maintain equipment and facilities; agency or private social service organization. making an appropriate adjustment in the ‘‘(D) will ensure that, during non-peak hours ‘‘(4) USE OF CERTAIN FUNDS.—For purposes of amount of a grant or withdrawing the grant. for transportation using or involving a facility subparagraphs (D) and (E) of paragraph (3), ‘‘(g) TREATMENT.—For purposes of this sec- or equipment of a project financed under this the prohibitions on the use of funds for match- tion, the United States Virgin Islands shall be section, a fare that is not more than 50 percent ing requirements under section 403(a)(5)(C)(vii) treated as an urbanized area, as defined in sec- of the peak hour fare will be charged for any— of the Social Security Act (42 U.S.C. tion 5302. ‘‘(i) senior; 603(a)(5)(C)(vii)) shall not apply to Federal or ‘‘(h) PASSENGER FERRY GRANTS.— ‘‘(ii) individual who, because of illness, in- State funds to be used for transportation pur- ‘‘(1) IN GENERAL.—The Secretary may make jury, age, congenital malfunction, or other inca- poses. grants under this subsection to recipients for pacity or temporary or permanent disability (in- ‘‘(e) UNDERTAKING PROJECTS IN ADVANCE.— passenger ferry projects that are eligible for a cluding an individual who is a wheelchair user ‘‘(1) PAYMENT.—The Secretary may pay the grant under subsection (a). or has semiambulatory capability), cannot use a Government share of the net project cost to a ‘‘(2) GRANT REQUIREMENTS.—Except as other- public transportation service or a public trans- State or local governmental authority that car- wise provided in this subsection, a grant under portation facility effectively without special fa- ries out any part of a project eligible under sub- this subsection shall be subject to the same terms cilities, planning, or design; and paragraph (A) or (B) of subsection (a)(1) with- and conditions as a grant under subsection (a). ‘‘(3) COMPETITIVE PROCESS.—The Secretary ‘‘(iii) individual presenting a Medicare card out the aid of amounts of the Government and shall solicit grant applications and make grants issued to that individual under title II or XVIII according to all applicable procedures and re- for eligible projects on a competitive basis.’’. of the Social Security Act (42 U.S.C. 401 et seq. quirements if— and 1395 et seq.); ‘‘(A) the recipient applies for the payment; SEC. 20008. FIXED GUIDEWAY CAPITAL INVEST- ‘‘(E) in carrying out a procurement under this ‘‘(B) the Secretary approves the payment; and MENT GRANTS. (a) IN GENERAL.—Section 5309 of title 49, section, will comply with sections 5323 and 5325; ‘‘(C) before carrying out any part of the United States Code, is amended to read as fol- ‘‘(F) has complied with subsection (b) of this project, the Secretary approves the plans and lows: section; specifications for the part in the same way as ‘‘(G) has available and will provide the re- for other projects under this section. ‘‘§ 5309. Fixed guideway capital investment quired amounts as provided by subsection (d) of ‘‘(2) APPROVAL OF APPLICATION.—The Sec- grants this section; retary may approve an application under para- ‘‘(a) DEFINITIONS.—In this section, the fol- ‘‘(H) will comply with sections 5303 and 5304; graph (1) of this subsection only if an author- lowing definitions shall apply: ‘‘(I) has a locally developed process to solicit ization for this section is in effect for the fiscal ‘‘(1) APPLICANT.—The term ‘applicant’ means and consider public comment before raising a year to which the application applies. The Sec- a State or local governmental authority that ap- fare or carrying out a major reduction of trans- retary may not approve an application if the plies for a grant under this section. portation; payment will be more than— ‘‘(2) CORE CAPACITY IMPROVEMENT PROJECT.— ‘‘(J)(i) will expend for each fiscal year for ‘‘(A) the recipient’s expected apportionment The term ‘core capacity improvement project’ public transportation security projects, includ- under section 5336 of this title if the total means a substantial corridor-based capital in- ing increased lighting in or adjacent to a public amount authorized to be appropriated for the vestment in an existing fixed guideway system transportation system (including bus stops, sub- fiscal year to carry out this section is appro- that increases the capacity of a corridor by not way stations, parking lots, and garages), in- priated; less less than 10 percent. The term does not include creased camera surveillance of an area in or ad- ‘‘(B) the maximum amount of the apportion- project elements designed to maintain a state of jacent to that system, providing an emergency ment that may be made available for projects for good repair of the existing fixed guideway sys- telephone line to contact law enforcement or se- operating expenses under this section. tem. curity personnel in an area in or adjacent to ‘‘(3) FINANCING COSTS.— ‘‘(3) CORRIDOR-BASED BUS RAPID TRANSIT that system, and any other project intended to ‘‘(A) IN GENERAL.—The cost of carrying out PROJECT.—The term ‘corridor-based bus rapid increase the security and safety of an existing part of a project includes the amount of interest transit project’ means a small start project uti- or planned public transportation system, at earned and payable on bonds issued by the re- lizing buses in which the project represents a least 1 percent of the amount the recipient recipient to the extent proceeds of the bonds are substantial investment in a defined corridor as ceives for each fiscal year under section 5336 of expended in carrying out the part. demonstrated by features that emulate the serv- this title; or ‘‘(B) LIMITATION ON THE AMOUNT OF INTER- ices provided by rail fixed guideway public ‘‘(ii) has decided that the expenditure for se- EST.—The amount of interest allowed under this transportation systems, including defined sta- curity projects is not necessary; paragraph may not be more than the most fa- tions; traffic signal priority for public transpor- ‘‘(K) in the case of a recipient for an urban- vorable financing terms reasonably available for tation vehicles; short headway bidirectional ized area with a population of not fewer than the project at the time of borrowing. services for a substantial part of weekdays and 200,000 individuals, as determined by the Bu- ‘‘(C) CERTIFICATION.—The applicant shall cer- weekend days; and any other features the Sec- reau of the Census— tify, in a manner satisfactory to the Secretary, retary may determine support a long-term cor- ‘‘(i) will expend not less than 1 percent of the that the applicant has shown reasonable dili- ridor investment, but the majority of which does amount the recipient receives each fiscal year gence in seeking the most favorable financing not operate in a separated right-of-way dedi- under this section for associated transit im- terms. cated for public transportation use during peak provements, as defined in section 5302; and ‘‘(f) REVIEWS, AUDITS, AND EVALUATIONS.— periods. ‘‘(ii) will submit an annual report listing ‘‘(1) ANNUAL REVIEW.— ‘‘(4) FIXED GUIDEWAY BUS RAPID TRANSIT projects carried out in the preceding fiscal year ‘‘(A) IN GENERAL.—At least annually, the Sec- PROJECT.—The term ‘fixed guideway bus rapid with those funds; and retary shall carry out, or require a recipient to transit project’ means a bus capital project—

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00338 Fmt 4634 Sfmt 6333 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE June 28, 2012 CONGRESSIONAL RECORD — HOUSE H4497 ‘‘(A) in which the majority of the project oper- ‘‘(iii) the technical and financial capacity to 1969 (42 U.S.C. 4321 et seq.), as demonstrated by ates in a separated right-of-way dedicated for maintain new and existing equipment and facili- a record of decision with respect to the project, public transportation use during peak periods; ties. a finding that the project has no significant im- ‘‘(B) that represents a substantial investment ‘‘(2) CERTIFICATION.—An applicant that has pact, or a determination that the project is cat- in a single route in a defined corridor or sub- submitted the certifications required under sub- egorically excluded, only if the Secretary deter- area; and paragraphs (A), (B), (C), and (H) of section mines that the project— ‘‘(C) that includes features that emulate the 5307(c)(1) shall be deemed to have provided suf- ‘‘(i) is selected as the locally preferred alter- services provided by rail fixed guideway public ficient information upon which the Secretary native at the completion of the process required transportation systems, including— may make the determinations required under under the National Environmental Policy Act of ‘‘(i) defined stations; this subsection. 1969 (42 U.S.C. 4321 et seq.); ‘‘(ii) traffic signal priority for public transpor- ‘‘(3) TECHNICAL CAPACITY.—The Secretary ‘‘(ii) is adopted into the metropolitan trans- tation vehicles; shall use an expedited technical capacity review portation plan required under section 5303; ‘‘(iii) short headway bidirectional services for process for applicants that have recently and ‘‘(iii) is justified based on a comprehensive re- a substantial part of weekdays and weekend successfully completed at least 1 new fixed view of the project’s mobility improvements, the days; and guideway capital project, or core capacity im- project’s environmental benefits, congestion re- ‘‘(iv) any other features the Secretary may de- provement project, if— lief associated with the project, economic devel- termine are necessary to produce high-quality ‘‘(A) the applicant achieved budget, cost, and opment effects associated with the project, poli- public transportation services that emulate the ridership outcomes for the project that are con- cies and land use patterns of the project that services provided by rail fixed guideway public sistent with or better than projections; and support public transportation, and the project’s transportation systems. ‘‘(B) the applicant demonstrates that the ap- cost-effectiveness as measured by cost per rider; ‘‘(5) NEW FIXED GUIDEWAY CAPITAL PROJECT.— plicant continues to have the staff expertise and ‘‘(iv) is supported by policies and land use The term ‘new fixed guideway capital project’ other resources necessary to implement a new patterns that promote public transportation, in- means— project. cluding plans for future land use and rezoning, ‘‘(A) a new fixed guideway project that is a ‘‘(4) RECIPIENT REQUIREMENTS.—A recipient of and economic development around public trans- minimum operable segment or extension to an a grant awarded under this section shall be sub- portation stations; and existing fixed guideway system; or ject to all terms, conditions, requirements, and ‘‘(v) is supported by an acceptable degree of ‘‘(B) a fixed guideway bus rapid transit provisions that the Secretary determines to be local financial commitment (including evidence project that is a minimum operable segment or necessary or appropriate for purposes of this of stable and dependable financing sources), as an extension to an existing bus rapid transit section. required under subsection (f). system. ‘‘(d) NEW FIXED GUIDEWAY GRANTS.— ‘‘(B) DETERMINATION THAT PROJECT IS JUSTI- ‘‘(6) PROGRAM OF INTERRELATED PROJECTS.— ‘‘(1) PROJECT DEVELOPMENT PHASE.— FIED.—In making a determination under sub- The term ‘program of interrelated projects’ ‘‘(A) ENTRANCE INTO PROJECT DEVELOPMENT paragraph (A)(iii), the Secretary shall evaluate, means the simultaneous development of— PHASE.—A new fixed guideway capital project analyze, and consider— ‘‘(A) 2 or more new fixed guideway capital shall enter into the project development phase ‘‘(i) the reliability of the forecasting methods projects or core capacity improvement projects; when— used to estimate costs and utilization made by or ‘‘(i) the applicant— the recipient and the contractors to the recipi- ‘‘(B) 1 or more new fixed guideway capital ‘‘(I) submits a letter to the Secretary describ- ent; and projects and 1 or more core capacity improve- ing the project and requesting entry into the ‘‘(ii) population density and current public ment projects. project development phase; and transportation ridership in the transportation ‘‘(7) SMALL START PROJECT.—The term ‘small ‘‘(II) initiates activities required to be carried corridor. start project’ means a new fixed guideway cap- out under the National Environmental Policy ‘‘(e) CORE CAPACITY IMPROVEMENT ital project or corridor-based bus rapid transit Act of 1969 (42 U.S.C. 4321 et seq.) with respect PROJECTS.— ‘‘(1) PROJECT DEVELOPMENT PHASE.— project for which— to the project; and ‘‘(A) ENTRANCE INTO PROJECT DEVELOPMENT ‘‘(A) the Federal assistance provided or to be ‘‘(ii) the Secretary— PHASE.—A core capacity improvement project provided under this section is less than ‘‘(I) responds in writing to the applicant with- shall be deemed to have entered into the project $75,000,000; and in 45 days whether the information provided is development phase if— ‘‘(B) the total estimated net capital cost is less sufficient to enter into the project development ‘‘(i) the applicant— than $250,000,000. phase, including, when necessary, a detailed de- ‘‘(I) submits a letter to the Secretary describ- ‘‘(b) GENERAL AUTHORITY.—The Secretary scription of any information deemed insuffi- ing the project and requesting entry into the may make grants under this section to State and cient; and project development phase; and local governmental authorities to assist in fi- ‘‘(II) provides concurrent notice to the Com- ‘‘(II) initiates activities required to be carried nancing— mittee on Banking, Housing, and Urban Affairs out under the National Environmental Policy ‘‘(1) new fixed guideway capital projects or of the Senate and the Committee on Transpor- Act of 1969 (42 U.S.C. 4321 et seq.) with respect small start projects, including the acquisition of tation and Infrastructure of the House of Rep- to the project; and real property, the initial acquisition of rolling resentatives of whether the new fixed guideway ‘‘(ii) the Secretary— stock for the system, the acquisition of rights-of- capital project is entering the project develop- ‘‘(I) responds in writing to the applicant with- way, and relocation, for fixed guideway corridor ment phase. in 45 days whether the information provided is development for projects in the advanced stages ‘‘(B) ACTIVITIES DURING PROJECT DEVELOP- sufficient to enter into the project development of project development or engineering; and MENT PHASE.—Concurrent with the analysis re- phase, including when necessary a detailed de- ‘‘(2) core capacity improvement projects, in- quired to be made under the National Environ- scription of any information deemed insuffi- cluding the acquisition of real property, the ac- mental Policy Act of 1969 (42 U.S.C. 4321 et cient; and quisition of rights-of-way, double tracking, sig- seq.), each applicant shall develop sufficient in- ‘‘(II) provides concurrent notice to the Com- nalization improvements, electrification, ex- formation to enable the Secretary to make find- mittee on Banking, Housing, and Urban Affairs panding system platforms, acquisition of rolling ings of project justification, policies and land of the Senate and the Committee on Transpor- stock associated with corridor improvements in- use patterns that promote public transportation, tation and Infrastructure of the House of Rep- creasing capacity, construction of infill stations, and local financial commitment under this sub- resentatives of whether the core capacity im- and such other capacity improvement projects section. provement project is entering the project devel- as the Secretary determines are appropriate to ‘‘(C) COMPLETION OF PROJECT DEVELOPMENT opment phase. increase the capacity of an existing fixed guide- ACTIVITIES REQUIRED.— ‘‘(B) ACTIVITIES DURING PROJECT DEVELOP- way system corridor by at least 10 percent. Core ‘‘(i) IN GENERAL.—Not later than 2 years after MENT PHASE.—Concurrent with the analysis re- capacity improvement projects do not include the date on which a project enters into the quired to be made under the National Environ- elements to improve general station facilities or project development phase, the applicant shall mental Policy Act of 1969 (42 U.S.C. 4321 et parking, or acquisition of rolling stock alone. complete the activities required to obtain a seq.), each applicant shall develop sufficient in- ‘‘(c) GRANT REQUIREMENTS.— project rating under subsection (g)(2) and sub- formation to enable the Secretary to make find- ‘‘(1) IN GENERAL.—The Secretary may make a mit completed documentation to the Secretary. ings of project justification and local financial grant under this section for new fixed guideway ‘‘(ii) EXTENSION OF TIME.—Upon the request commitment under this subsection. capital projects, small start projects, or core ca- of an applicant, the Secretary may extend the ‘‘(C) COMPLETION OF PROJECT DEVELOPMENT pacity improvement projects, if the Secretary de- time period under clause (i), if the applicant ACTIVITIES REQUIRED.— termines that— submits to the Secretary— ‘‘(i) IN GENERAL.—Not later than 2 years after ‘‘(A) the project is part of an approved trans- ‘‘(I) a reasonable plan for completing the ac- the date on which a project enters into the portation plan required under sections 5303 and tivities required under this paragraph; and project development phase, the applicant shall 5304; and ‘‘(II) an estimated time period within which complete the activities required to obtain a ‘‘(B) the applicant has, or will have— the applicant will complete such activities. project rating under subsection (g)(2) and sub- ‘‘(i) the legal, financial, and technical capac- ‘‘(2) ENGINEERING PHASE.— mit completed documentation to the Secretary. ity to carry out the project, including the safety ‘‘(A) IN GENERAL.—A new fixed guideway cap- ‘‘(ii) EXTENSION OF TIME.—Upon the request and security aspects of the project; ital project may advance to the engineering of an applicant, the Secretary may extend the ‘‘(ii) satisfactory continuing control over the phase upon completion of activities required time period under clause (i), if the applicant use of the equipment or facilities; and under the National Environmental Policy Act of submits to the Secretary—

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00339 Fmt 4634 Sfmt 6333 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H4498 CONGRESSIONAL RECORD — HOUSE June 28, 2012 ‘‘(I) a reasonable plan for completing the ac- ‘‘(E) the extent to which the project has a ‘‘(B) each time the Secretary makes signifi- tivities required under this paragraph; and local financial commitment that exceeds the re- cant changes to the process and criteria, but not ‘‘(II) an estimated time period within which quired non-Government share of the cost of the less frequently than once every 2 years. the applicant will complete such activities. project; and ‘‘(6) RULES.—Not later than 1 year after the ‘‘(2) ENGINEERING PHASE.— ‘‘(F) private contributions to the project, in- date of enactment of the Federal Public Trans- ‘‘(A) IN GENERAL.—A core capacity improve- cluding cost-effective project delivery, manage- portation Act of 2012, the Secretary shall issue ment project may advance into the engineering ment or transfer of project risks, expedited rules establishing an evaluation and rating phase upon completion of activities required project schedule, financial partnering, and process for— under the National Environmental Policy Act of other public-private partnership strategies. ‘‘(A) new fixed guideway capital projects that 1969 (42 U.S.C. 4321 et seq.), as demonstrated by ‘‘(g) PROJECT ADVANCEMENT AND RATINGS.— is based on the results of project justification, a record of decision with respect to the project, ‘‘(1) PROJECT ADVANCEMENT.—A new fixed policies and land use patterns that promote pub- a finding that the project has no significant im- guideway capital project or core capacity im- lic transportation, and local financial commit- pact, or a determination that the project is cat- provement project proposed to be carried out ment, as required under this subsection; and egorically excluded, only if the Secretary deter- using a grant under this section may not ad- ‘‘(B) core capacity improvement projects that mines that the project— vance from the project development phase to the is based on the results of the capacity needs of ‘‘(i) is selected as the locally preferred alter- engineering phase, or from the engineering the corridor, project justification, and local fi- native at the completion of the process required phase to the construction phase, unless the Sec- nancial commitment. under the National Environmental Policy Act of retary determines that— ‘‘(7) APPLICABILITY.—This subsection shall 1969; ‘‘(A) the project meets the applicable require- not apply to a project for which the Secretary ‘‘(ii) is adopted into the metropolitan trans- ments under this section; and issued a letter of intent, entered into a full ‘‘(B) there is a reasonable likelihood that the portation plan required under section 5303; funding grant agreement, or entered into a project will continue to meet the requirements ‘‘(iii) is in a corridor that is— project construction agreement before the date under this section. ‘‘(I) at or over capacity; or of enactment of the Federal Public Transpor- ‘‘(II) projected to be at or over capacity within ‘‘(2) RATINGS.— tation Act of 2012. the next 5 years; ‘‘(A) OVERALL RATING.—In making a deter- ‘‘(h) SMALL START PROJECTS.— ‘‘(iv) is justified based on a comprehensive re- mination under paragraph (1), the Secretary ‘‘(1) IN GENERAL.—A small start project shall view of the project’s mobility improvements, the shall evaluate and rate a project as a whole on be subject to the requirements of this subsection. project’s environmental benefits, congestion re- a 5-point scale (high, medium-high, medium, me- ‘‘(2) PROJECT DEVELOPMENT PHASE.— lief associated with the project, economic devel- dium-low, or low) based on— ‘‘(i) in the case of a new fixed guideway cap- ‘‘(A) ENTRANCE INTO PROJECT DEVELOPMENT opment effects associated with the project, the PHASE.—A new small starts project shall enter capacity needs of the corridor, and the project’s ital project, the project justification criteria under subsection (d)(2)(A)(iii), the policies and into the project development phase when— cost-effectiveness as measured by cost per rider; ‘‘(i) the applicant— and land use patterns that support public transportation, and the degree of local financial commit- ‘‘(I) submits a letter to the Secretary describ- ‘‘(v) is supported by an acceptable degree of ing the project and requesting entry into the local financial commitment (including evidence ment; and ‘‘(ii) in the case of a core capacity improve- project development phase; and of stable and dependable financing sources), as ment project, the capacity needs of the corridor, ‘‘(II) initiates activities required to be carried required under subsection (f). the project justification criteria under sub- out under the National Environmental Policy ‘‘(B) DETERMINATION THAT PROJECT IS JUSTI- section (e)(2)(A)(iv), and the degree of local fi- Act of 1969 (42 U.S.C. 4321 et seq.) with respect FIED.—In making a determination under sub- nancial commitment. to the project; and paragraph (A)(iv), the Secretary shall evaluate, ‘‘(B) INDIVIDUAL RATINGS FOR EACH CRI- ‘‘(ii) the Secretary— analyze, and consider— TERION.—In rating a project under this para- ‘‘(I) responds in writing to the applicant with- ‘‘(i) the reliability of the forecasting methods graph, the Secretary shall— in 45 days whether the information provided is used to estimate costs and utilization made by ‘‘(i) provide, in addition to the overall project sufficient to enter into the project development the recipient and the contractors to the recipi- rating under subparagraph (A), individual rat- phase, including, when necessary, a detailed de- ent; ings for each of the criteria established under scription of any information deemed insuffi- ‘‘(ii) whether the project will increase capac- subsection (d)(2)(A)(iii) or (e)(2)(A)(iv), as appli- cient; and ity at least 10 percent in a corridor; cable; and ‘‘(II) provides concurrent notice to the Com- ‘‘(iii) whether the project will improve ‘‘(ii) give comparable, but not necessarily mittee on Banking, Housing, and Urban Affairs interconnectivity among existing systems; and equal, numerical weight to each of the criteria ‘‘(iv) whether the project will improve envi- of the Senate and the Committee on Transpor- established under subsections (d)(2)(A)(iii) or ronmental outcomes. tation and Infrastructure of the House of Rep- (e)(2)(A)(iv), as applicable, in calculating the ‘‘(f) FINANCING SOURCES.— resentatives of whether the small starts project overall project rating under clause (i). ‘‘(1) REQUIREMENTS.—In determining whether is entering the project development phase. ‘‘(C) MEDIUM RATING NOT REQUIRED.—The a project is supported by an acceptable degree of ‘‘(B) ACTIVITIES DURING PROJECT DEVELOP- Secretary shall not require that any single local financial commitment and shows evidence MENT PHASE.—Concurrent with the analysis re- project justification criterion meet or exceed a of stable and dependable financing sources for quired to be made under the National Environ- ‘medium’ rating in order to advance the project purposes of subsection (d)(2)(A)(v) or mental Policy Act of 1969 (42 U.S.C. 4321 et from one phase to another. (e)(2)(A)(v), the Secretary shall require that— seq.), each applicant shall develop sufficient in- ‘‘(3) WARRANTS.—The Secretary shall, to the ‘‘(A) the proposed project plan provides for formation to enable the Secretary to make find- maximum extent practicable, develop and use the availability of contingency amounts that the ings of project justification, policies and land special warrants for making a project justifica- Secretary determines to be reasonable to cover use patterns that promote public transportation, tion determination under subsection (d)(2) or unanticipated cost increases or funding short- and local financial commitment under this sub- (e)(2), as applicable, for a project proposed to be falls; section. funded using a grant under this section, if— ‘‘(3) SELECTION CRITERIA.—The Secretary may ‘‘(B) each proposed local source of capital and ‘‘(A) the share of the cost of the project to be operating financing is stable, reliable, and provide Federal assistance for a small start provided under this section does not exceed— project under this subsection only if the Sec- available within the proposed project timetable; ‘‘(i) $100,000,000; or retary determines that the project— and ‘‘(ii) 50 percent of the total cost of the project; ‘‘(C) local resources are available to recapi- ‘‘(B) the applicant requests the use of the ‘‘(A) has been adopted as the locally preferred talize, maintain, and operate the overall exist- warrants; alternative as part of the metropolitan transpor- ing and proposed public transportation system, ‘‘(C) the applicant certifies that its existing tation plan required under section 5303; including essential feeder bus and other services public transportation system is in a state of ‘‘(B) is based on the results of an analysis of necessary to achieve the projected ridership lev- good repair; and the benefits of the project as set forth in para- els without requiring a reduction in existing ‘‘(D) the applicant meets any other require- graph (4); and public transportation services or level of service ments that the Secretary considers appropriate ‘‘(C) is supported by an acceptable degree of to operate the project. to carry out this subsection. local financial commitment. ‘‘(2) CONSIDERATIONS.—In assessing the sta- ‘‘(4) LETTERS OF INTENT AND EARLY SYSTEMS ‘‘(4) EVALUATION OF BENEFITS AND FEDERAL bility, reliability, and availability of proposed WORK AGREEMENTS.—In order to expedite a INVESTMENT.—In making a determination for a sources of local financing for purposes of sub- project under this subsection, the Secretary small start project under paragraph (3)(B), the section (d)(2)(A)(v) or (e)(2)(A)(v), the Secretary shall, to the maximum extent practicable, issue Secretary shall analyze, evaluate, and consider shall consider— letters of intent and enter into early systems the following evaluation criteria for the project ‘‘(A) the reliability of the forecasting methods work agreements upon issuance of a record of (as compared to a no-action alternative): mobil- used to estimate costs and revenues made by the decision for projects that receive an overall ity improvements, environmental benefits, con- recipient and the contractors to the recipient; project rating of medium or better. gestion relief, economic development effects as- ‘‘(B) existing grant commitments; ‘‘(5) POLICY GUIDANCE.—The Secretary shall sociated with the project, policies and land use ‘‘(C) the degree to which financing sources issue policy guidance regarding the review and patterns that support public transportation and are dedicated to the proposed purposes; evaluation process and criteria— cost-effectiveness as measured by cost per rider. ‘‘(D) any debt obligation that exists, or is pro- ‘‘(A) not later than 180 days after the date of ‘‘(5) EVALUATION OF LOCAL FINANCIAL COM- posed by the recipient, for the proposed project enactment of the Federal Public Transportation MITMENT.—For purposes of paragraph (3)(C), or other public transportation purpose; Act of 2012; and the Secretary shall require that each proposed

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local source of capital and operating financing ‘‘(A) PROJECT ADVANCEMENT.—A project reprogram of interrelated projects does not impose is stable, reliable, and available within the pro- ceiving a grant under this section that is part of Government requirements that would not other- posed project timetable. a program of interrelated projects may not ad- wise apply to the project. ‘‘(6) RATINGS.—In carrying out paragraphs (4) vance from the project development phase to the ‘‘(j) PREVIOUSLY ISSUED LETTER OF INTENT OR and (5) for a small start project, the Secretary engineering phase, or from the engineering FULL FUNDING GRANT AGREEMENT.—Subsections shall evaluate and rate the project on a 5-point phase to the construction phase, unless the Sec- (d) and (e) shall not apply to projects for which scale (high, medium-high, medium, medium-low, retary determines that the program of inter- the Secretary has issued a letter of intent, ap- or low) based on an evaluation of the benefits of related projects meets the applicable require- proved entry into final design, entered into a the project as compared to the Federal assist- ments of this section and there is a reasonable full funding grant agreement, or entered into a ance to be provided and the degree of local fi- likelihood that the program will continue to project construction grant agreement before the nancial commitment, as required under this sub- meet such requirements. date of enactment of the Federal Public Trans- section. In rating the projects, the Secretary ‘‘(B) RATINGS.— portation Act of 2012. shall provide, in addition to the overall project ‘‘(i) OVERALL RATING.—In making a deter- ‘‘(k) LETTERS OF INTENT, FULL FUNDING rating, individual ratings for each of the criteria mination under subparagraph (A), the Secretary GRANT AGREEMENTS, AND EARLY SYSTEMS WORK established by this subsection and shall give shall evaluate and rate a program of inter- AGREEMENTS.— comparable, but not necessarily equal, numer- related projects on a 5-point scale (high, me- ‘‘(1) LETTERS OF INTENT.— ical weight to the benefits that the project will dium-high, medium, medium-low, or low) based ‘‘(A) AMOUNTS INTENDED TO BE OBLIGATED.— bring to the community in calculating the over- on the criteria described in paragraph (2). The Secretary may issue a letter of intent to an all project rating. ‘‘(ii) INDIVIDUAL RATING FOR EACH CRI- applicant announcing an intention to obligate, ‘‘(7) GRANTS AND EXPEDITED GRANT AGREE- TERION.—In rating a program of interrelated for a new fixed guideway capital project or core MENTS.— projects, the Secretary shall provide, in addition capacity improvement project, an amount from ‘‘(A) IN GENERAL.—The Secretary, to the max- to the overall program rating, individual ratings future available budget authority specified in imum extent practicable, shall provide Federal for each of the criteria described in paragraph law that is not more than the amount stipulated assistance under this subsection in a single (2) and shall give comparable, but not nec- as the financial participation of the Secretary in grant. If the Secretary cannot provide such a essarily equal, numerical weight to each such the project. When a letter is issued for a capital single grant, the Secretary may execute an expe- criterion in calculating the overall program rat- project under this section, the amount shall be dited grant agreement in order to include a coming. sufficient to complete at least an operable seg- mitment on the part of the Secretary to provide ‘‘(iii) MEDIUM RATING NOT REQUIRED.—The ment. funding for the project in future fiscal years. Secretary shall not require that any single cri- ‘‘(B) TREATMENT.—The issuance of a letter ‘‘(B) TERMS OF EXPEDITED GRANT AGREE- terion described in paragraph (2) meet or exceed under subparagraph (A) is deemed not to be an MENTS.—In executing an expedited grant agree- a ‘medium’ rating in order to advance the pro- obligation under sections 1108(c), 1501, and ment under this subsection, the Secretary may gram of interrelated projects from one phase to 1502(a) of title 31 or an administrative commit- include in the agreement terms similar to those another. ment. established under subsection (k)(2). ‘‘(4) ANNUAL REVIEW.— ‘‘(2) FULL FUNDING GRANT AGREEMENTS.— ‘‘(C) NOTICE OF PROPOSED GRANTS AND EXPE- ‘‘(A) REVIEW REQUIRED.—The Secretary shall ‘‘(A) IN GENERAL.—A new fixed guideway cap- DITED GRANT AGREEMENTS.—At least 10 days be- annually review the program implementation ital project or core capacity improvement project fore making a grant award or entering into a plan required under paragraph (2)(E) to deter- shall be carried out through a full funding grant agreement for a project under this sub- mine whether the program of interrelated grant agreement. section, the Secretary shall notify, in writing, projects is adhering to its schedule. ‘‘(B) CRITERIA.—The Secretary shall enter the Committee on Transportation and Infra- ‘‘(B) EXTENSION OF TIME.—If a program of into a full funding grant agreement, based on structure and the Committee on Appropriations interrelated projects is not adhering to its sched- the evaluations and ratings required under sub- of the House of Representatives and the Com- ule, the Secretary may, upon the request of the section (d), (e), or (i), as applicable, with each mittee on Banking, Housing, and Urban Affairs applicant, grant an extension of time if the ap- grantee receiving assistance for a new fixed and the Committee on Appropriations of the plicant submits a reasonable plan that in- guideway capital project or core capacity im- Senate of the proposed grant or expedited grant cludes— provement project that has been rated as high, agreement, as well as the evaluations and rat- ‘‘(i) evidence of continued adequate funding; medium-high, or medium, in accordance with ings for the project. and subsection (g)(2)(A) or (i)(3)(B), as applicable. ‘‘(i) PROGRAMS OF INTERRELATED PROJECTS.— ‘‘(ii) an estimated time frame for completing ‘‘(C) TERMS.—A full funding grant agreement ‘‘(1) PROJECT DEVELOPMENT PHASE.—A feder- the program of interrelated projects. shall— ally funded project in a program of interrelated ‘‘(C) SATISFACTORY PROGRESS REQUIRED.—If ‘‘(i) establish the terms of participation by the projects shall advance through project develop- the Secretary determines that a program of Government in a new fixed guideway capital ment as provided in subsection (d) or (e), as ap- interrelated projects is not making satisfactory project or core capacity improvement project; plicable. progress, no Federal funds shall be provided for ‘‘(ii) establish the maximum amount of Fed- ‘‘(2) ENGINEERING PHASE.—A federally funded a project within the program of interrelated eral financial assistance for the project; project in a program of interrelated projects may projects. ‘‘(iii) include the period of time for completing advance into the engineering phase upon com- ‘‘(5) FAILURE TO CARRY OUT PROGRAM OF the project, even if that period extends beyond pletion of activities required under the National INTERRELATED PROJECTS.— the period of an authorization; and Environmental Policy Act of 1969 (42 U.S.C. 4321 ‘‘(A) REPAYMENT REQUIRED.—If an applicant ‘‘(iv) make timely and efficient management of et seq.), as demonstrated by a record of decision does not carry out the program of interrelated the project easier according to the law of the with respect to the project, a finding that the projects within a reasonable time, for reasons United States. project has no significant impact, or a deter- within the control of the applicant, the appli- ‘‘(D) SPECIAL FINANCIAL RULES.— mination that the project is categorically ex- cant shall repay all Federal funds provided for ‘‘(i) IN GENERAL.—A full funding grant agree- cluded, only if the Secretary determines that— the program, and any reasonable interest and ment under this paragraph obligates an amount ‘‘(A) the project is selected as the locally pre- penalty charges that the Secretary may estab- of available budget authority specified in law ferred alternative at the completion of the proc- lish. and may include a commitment, contingent on ess required under the National Environmental ‘‘(B) CREDITING OF FUNDS RECEIVED.—Any amounts to be specified in law in advance for Policy Act of 1969; funds received by the Government under this commitments under this paragraph, to obligate ‘‘(B) the project is adopted into the metropoli- paragraph, other than interest and penalty an additional amount from future available tan transportation plan required under section charges, shall be credited to the appropriation budget authority specified in law. 5303; account from which the funds were originally ‘‘(ii) STATEMENT OF CONTINGENT COMMIT- ‘‘(C) the program of interrelated projects in- derived. MENT.—The agreement shall state that the con- volves projects that have a logical connectivity ‘‘(6) NON-FEDERAL FUNDS.—Any non-Federal tingent commitment is not an obligation of the to one another; funds committed to a project in a program of Government. ‘‘(D) the program of interrelated projects, interrelated projects may be used to meet a non- ‘‘(iii) INTEREST AND OTHER FINANCING COSTS.— when evaluated as a whole, meets the require- Government share requirement for any other Interest and other financing costs of efficiently ments of subsection (d)(2) or (e)(2), as applica- project in the program of interrelated projects, if carrying out a part of the project within a rea- ble; the Government share of the cost of each project sonable time are a cost of carrying out the ‘‘(E) the program of interrelated projects is within the program of interrelated projects does project under a full funding grant agreement, supported by a program implementation plan not exceed 80 percent. except that eligible costs may not be more than demonstrating that construction will begin on ‘‘(7) PRIORITY.—In making grants under this the cost of the most favorable financing terms each of the projects in the program of intersection, the Secretary may give priority to pro- reasonably available for the project at the time related projects within a reasonable time frame; grams of interrelated projects for which the non- of borrowing. The applicant shall certify, in a and Government share of the cost of the projects in- way satisfactory to the Secretary, that the ap- ‘‘(F) the program of interrelated projects is cluded in the programs of interrelated projects plicant has shown reasonable diligence in seek- supported by an acceptable degree of local fi- exceeds the non-Government share required ing the most favorable financing terms. nancial commitment, as described in subsection under subsection (l). ‘‘(iv) COMPLETION OF OPERABLE SEGMENT.— (f). ‘‘(8) NON-GOVERNMENT PROJECTS.—Including The amount stipulated in an agreement under ‘‘(3) PROJECT ADVANCEMENT AND RATINGS.— a project not financed by the Government in a this paragraph for a new fixed guideway capital

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00341 Fmt 4634 Sfmt 6333 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H4500 CONGRESSIONAL RECORD — HOUSE June 28, 2012 project shall be sufficient to complete at least an from future available budget authority specified than 10 percent higher than the net capital operable segment. in law. project cost estimated at the time the project was ‘‘(E) BEFORE AND AFTER STUDY.— ‘‘(iii) PERIOD COVERED.—An early systems approved for advancement into the engineering ‘‘(i) IN GENERAL.—A full funding grant agree- work agreement under this paragraph shall phase; and ment under this paragraph shall require the ap- cover the period of time the Secretary considers ‘‘(B) the ridership estimated for the project is plicant to conduct a study that— appropriate. The period may extend beyond the not less than 90 percent of the ridership esti- ‘‘(I) describes and analyzes the impacts of the period of current authorization. mated for the project at the time the project was new fixed guideway capital project or core ca- ‘‘(iv) INTEREST AND OTHER FINANCING COSTS.— approved for advancement into the engineering pacity improvement project on public transpor- Interest and other financing costs of efficiently phase. tation services and public transportation rider- carrying out the early systems work agreement ‘‘(4) REMAINDER OF NET CAPITAL PROJECT ship; within a reasonable time are a cost of carrying COST.—The remainder of the net capital project ‘‘(II) evaluates the consistency of predicted out the agreement, except that eligible costs may cost shall be provided from an undistributed and actual project characteristics and perform- not be more than the cost of the most favorable cash surplus, a replacement or depreciation cash ance; and financing terms reasonably available for the fund or reserve, or new capital. ‘‘(III) identifies reasons for differences be- project at the time of borrowing. The applicant ‘‘(5) LIMITATION ON STATUTORY CONSTRUC- tween predicted and actual outcomes. shall certify, in a way satisfactory to the Sec- TION.—Nothing in this section shall be con- ‘‘(ii) INFORMATION COLLECTION AND ANALYSIS retary, that the applicant has shown reasonable strued as authorizing the Secretary to require a PLAN.— diligence in seeking the most favorable financ- non-Federal financial commitment for a project ‘‘(I) SUBMISSION OF PLAN.—Applicants seeking ing terms. that is more than 20 percent of the net capital a full funding grant agreement under this para- ‘‘(v) FAILURE TO CARRY OUT PROJECT.—If an project cost. graph shall submit a complete plan for the col- applicant does not carry out the project for rea- ‘‘(6) SPECIAL RULE FOR ROLLING STOCK lection and analysis of information to identify sons within the control of the applicant, the ap- COSTS.—In addition to amounts allowed pursu- the impacts of the new fixed guideway capital plicant shall repay all Federal grant funds ant to paragraph (1), a planned extension to a project or core capacity improvement project awarded for the project from all Federal fund- fixed guideway system may include the cost of and the accuracy of the forecasts prepared during sources, for all project activities, facilities, rolling stock previously purchased if the appli- ing the development of the project. Preparation and equipment, plus reasonable interest and cant satisfies the Secretary that only amounts of this plan shall be included in the full funding penalty charges allowable by law or established other than amounts provided by the Government grant agreement as an eligible activity. by the Secretary in the early systems work were used and that the purchase was made for ‘‘(II) CONTENTS OF PLAN.—The plan submitted agreement. use on the extension. A refund or reduction of ‘‘(vi) CREDITING OF FUNDS RECEIVED.—Any under subclause (I) shall provide for— the remainder may be made only if a refund of funds received by the Government under this ‘‘(aa) collection of data on the current public a proportional amount of the grant of the Gov- transportation system regarding public trans- paragraph, other than interest and penalty charges, shall be credited to the appropriation ernment is made at the same time. portation service levels and ridership patterns, ‘‘(7) LIMITATION ON APPLICABILITY.—This sub- account from which the funds were originally including origins and destinations, access section shall not apply to projects for which the derived. modes, trip purposes, and rider characteristics; ‘‘(4) LIMITATION ON AMOUNTS.— Secretary entered into a full funding grant ‘‘(bb) documentation of the predicted scope, ‘‘(A) IN GENERAL.—The Secretary may enter agreement before the date of enactment of the service levels, capital costs, operating costs, and into full funding grant agreements under this Federal Public Transportation Act of 2012. ridership of the project; subsection for new fixed guideway capital ‘‘(8) SPECIAL RULE FOR FIXED GUIDEWAY BUS ‘‘(cc) collection of data on the public trans- projects and core capacity improvement projects RAPID TRANSIT PROJECTS.—For up to three fixed- portation system 2 years after the opening of a that contain contingent commitments to incur guideway bus rapid transit projects each fiscal new fixed guideway capital project or core ca- obligations in such amounts as the Secretary de- year the Secretary shall— pacity improvement project, including analo- termines are appropriate. ‘‘(A) establish a Government share of at least gous information on public transportation serv- ‘‘(B) APPROPRIATION REQUIRED.—An obliga- 80 percent; and ice levels and ridership patterns and information may be made under this subsection only ‘‘(B) not lower the project’s rating for degree tion on the as-built scope, capital, and financ- when amounts are appropriated for the obliga- of local financial commitment for purposes of ing costs of the project; and tion. subsections (d)(2)(A)(v) or (h)(3)(C) as a result ‘‘(dd) analysis of the consistency of predicted ‘‘(5) NOTIFICATION TO CONGRESS.—At least 30 of the Government share specified in this para- project characteristics with actual outcomes. days before issuing a letter of intent, entering graph. ‘‘(F) COLLECTION OF DATA ON CURRENT SYS- into a full funding grant agreement, or entering ‘‘(m) UNDERTAKING PROJECTS IN ADVANCE.— TEM.—To be eligible for a full funding grant into an early systems work agreement under this ‘‘(1) IN GENERAL.—The Secretary may pay the agreement under this paragraph, recipients section, the Secretary shall notify, in writing, Government share of the net capital project cost shall have collected data on the current system, the Committee on Banking, Housing, and Urban to a State or local governmental authority that according to the plan required under subpara- Affairs and the Committee on Appropriations of carries out any part of a project described in graph (E)(ii), before the beginning of construc- the Senate and the Committee on Transpor- this section without the aid of amounts of the tion of the proposed new fixed guideway capital tation and Infrastructure and the Committee on Government and according to all applicable pro- project or core capacity improvement project. Appropriations of the House of Representatives cedures and requirements if— Collection of this data shall be included in the of the proposed letter or agreement. The Sec- ‘‘(A) the State or local governmental authority full funding grant agreement as an eligible ac- retary shall include with the notification a copy applies for the payment; tivity. of the proposed letter or agreement as well as ‘‘(B) the Secretary approves the payment; and ‘‘(3) EARLY SYSTEMS WORK AGREEMENTS.— the evaluations and ratings for the project. ‘‘(C) before the State or local governmental ‘‘(A) CONDITIONS.—The Secretary may enter ‘‘(l) GOVERNMENT SHARE OF NET CAPITAL authority carries out the part of the project, the into an early systems work agreement with an PROJECT COST.— Secretary approves the plans and specifications applicant if a record of decision under the Na- ‘‘(1) IN GENERAL.—Based on engineering stud- for the part in the same way as other projects tional Environmental Policy Act of 1969 (42 ies, studies of economic feasibility, and informa- under this section. U.S.C. 4321 et seq.) has been issued on the tion on the expected use of equipment or facili- ‘‘(2) FINANCING COSTS.— project and the Secretary finds there is reason ties, the Secretary shall estimate the net capital ‘‘(A) IN GENERAL.—The cost of carrying out to believe— project cost. A grant for a fixed guideway part of a project includes the amount of interest ‘‘(i) a full funding grant agreement for the project or small start project shall not exceed 80 earned and payable on bonds issued by the project will be made; and percent of the net capital project cost. A grant State or local governmental authority to the ex- ‘‘(ii) the terms of the work agreement will pro- for a core capacity project shall not exceed 80 tent proceeds of the bonds are expended in car- mote ultimate completion of the project more percent of the net capital project cost of the in- rying out the part. rapidly and at less cost. cremental cost of increasing the capacity in the ‘‘(B) LIMITATION ON AMOUNT OF INTEREST.— ‘‘(B) CONTENTS.— corridor. The amount of interest under this paragraph ‘‘(i) IN GENERAL.—An early systems work ‘‘(2) ADJUSTMENT FOR COMPLETION UNDER may not be more than the most favorable inter- agreement under this paragraph obligates budg- BUDGET.—The Secretary may adjust the final est terms reasonably available for the project at et authority available under this chapter and net capital project cost of a new fixed guideway the time of borrowing. title 23 and shall provide for reimbursement of capital project or core capacity improvement ‘‘(C) CERTIFICATION.—The applicant shall cer- preliminary costs of carrying out the project, in- project evaluated under subsection (d), (e), or (i) tify, in a manner satisfactory to the Secretary, cluding land acquisition, timely procurement of to include the cost of eligible activities not in- that the applicant has shown reasonable dili- system elements for which specifications are de- cluded in the originally defined project if the gence in seeking the most favorable financing cided, and other activities the Secretary decides Secretary determines that the originally defined terms. are appropriate to make efficient, long-term project has been completed at a cost that is sig- ‘‘(n) AVAILABILITY OF AMOUNTS.— project management easier. nificantly below the original estimate. ‘‘(1) IN GENERAL.—An amount made available ‘‘(ii) CONTINGENT COMMITMENT.—An early ‘‘(3) MAXIMUM GOVERNMENT SHARE.—The Sec- or appropriated for a new fixed guideway cap- systems work agreement may include a commit- retary may provide a higher grant percentage ital project or core capacity improvement project ment, contingent on amounts to be specified in than requested by the grant recipient if— shall remain available to that project for 5 fiscal law in advance for commitments under this ‘‘(A) the Secretary determines that the net years, including the fiscal year in which the paragraph, to obligate an additional amount capital project cost of the project is not more amount is made available or appropriated. Any

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amounts that are unobligated to the project at cial assistance under section 5309 of title 49, ‘‘(2) LIMITATIONS FOR CAPITAL PROJECTS.— the end of the 5-fiscal-year period may be used United States Code. ‘‘(A) AMOUNT AVAILABLE.—The amount avail- by the Secretary for any purpose under this sec- (4) GOVERNMENT SHARE.—The Government able for capital projects under paragraph (1)(A) tion. share of the total cost of an eligible project that shall be not less than 55 percent of the funds ap- ‘‘(2) USE OF DEOBLIGATED AMOUNTS.—An participates in the program may not exceed 50 portioned to the recipient under this section. amount available under this section that is percent. ‘‘(B) ALLOCATION TO SUBRECIPIENTS.—A re- deobligated may be used for any purpose under (5) ELIGIBILITY.—A recipient that desires to cipient of a grant under paragraph (1)(A) may this section. participate in the program shall submit to the allocate the amounts provided under the grant ‘‘(o) REPORTS ON NEW FIXED GUIDEWAY AND Secretary an application that contains, at a to— CORE CAPACITY IMPROVEMENT PROJECTS.— minimum— ‘‘(i) a private nonprofit organization; or ‘‘(1) ANNUAL REPORT ON FUNDING REC- (A) identification of an eligible project; ‘‘(ii) a State or local governmental authority OMMENDATIONS.—Not later than the first Mon- (B) a schedule and finance plan for the con- that— day in February of each year, the Secretary struction and operation of the eligible project; ‘‘(I) is approved by a State to coordinate serv- shall submit to the Committee on Banking, (C) an analysis of the efficiencies of the pro- ices for seniors and individuals with disabilities; Housing, and Urban Affairs and the Committee posed project development and delivery methods or on Appropriations of the Senate and the Com- or innovative financing arrangement for the eli- ‘‘(II) certifies that there are no private non- mittee on Transportation and Infrastructure gible project; and profit organizations readily available in the and the Committee on Appropriations of the (D) a certification that the recipient’s existing area to provide the services described in para- House of Representatives a report that in- public transportation system is in a state of graph (1)(A). cludes— good repair. ‘‘(3) ADMINISTRATIVE EXPENSES.—A recipient ‘‘(A) a proposal of allocations of amounts to (6) SELECTION CRITERIA.—The Secretary may may use not more than 10 percent of the be available to finance grants for projects under award a full funding grant agreement under amounts apportioned to the recipient under this this section among applicants for these this subsection if the Secretary determines section to administer, plan, and provide tech- amounts; that— nical assistance for a project funded under this ‘‘(B) evaluations and ratings, as required (A) the recipient has completed planning and section. under subsections (d), (e), and (i), for each such the activities required under the National Envi- ‘‘(4) ELIGIBLE CAPITAL EXPENSES.—The acqui- project that is in project development, engineer- ronmental Policy Act of 1969 (42 U.S.C. 4321 et sition of public transportation services is an eli- ing, or has received a full funding grant agree- seq.); and gible capital expense under this section. ment; and (B) the recipient has the necessary legal, fi- ‘‘(5) COORDINATION.— ‘‘(C) recommendations of such projects for nancial, and technical capacity to carry out the ‘‘(A) DEPARTMENT OF TRANSPORTATION.—To funding based on the evaluations and ratings eligible project. the maximum extent feasible, the Secretary shall and on existing commitments and anticipated (7) BEFORE AND AFTER STUDY AND REPORT.— coordinate activities under this section with refunding levels for the next 3 fiscal years based (A) STUDY REQUIRED.—A full funding grant lated activities under other Federal departments on information currently available to the Sec- agreement under this paragraph shall require a and agencies. retary. recipient to conduct a study that— ‘‘(B) OTHER FEDERAL AGENCIES AND NON- ‘‘(2) REPORTS ON BEFORE AND AFTER STUD- (i) describes and analyzes the impacts of the PROFIT ORGANIZATIONS.—A State or local gov- IES.—Not later than the first Monday in August eligible project on public transportation services ernmental authority or nonprofit organization of each year, the Secretary shall submit to the and public transportation ridership; that receives assistance from Government committees described in paragraph (1) a report (ii) describes and analyzes the consistency of sources (other than the Department of Trans- containing a summary of the results of any predicted and actual benefits and costs of the portation) for nonemergency transportation studies conducted under subsection (k)(2)(E). innovative project development and delivery services shall— ‘‘(3) BIENNIAL GAO REVIEW.—The Comptroller methods or innovative financing for the eligible ‘‘(i) participate and coordinate with recipients General of the United States shall— project; and of assistance under this chapter in the design ‘‘(A) conduct a biennial review of— (iii) identifies reasons for any differences be- and delivery of transportation services; and ‘‘(i) the processes and procedures for evalu- tween predicted and actual outcomes for the eli- ‘‘(ii) participate in the planning for the trans- ating, rating, and recommending new fixed gible project. portation services described in clause (i). guideway capital projects and core capacity im- (B) SUBMISSION OF REPORT.—Not later than 9 ‘‘(6) PROGRAM OF PROJECTS.— provement projects; and months after an eligible project selected to par- ‘‘(A) IN GENERAL.—Amounts made available to ‘‘(ii) the Secretary’s implementation of such ticipate in the program begins revenue oper- carry out this section may be used for transpor- processes and procedures; and ations, the recipient shall submit to the Sec- tation projects to assist in providing transpor- ‘‘(B) report to Congress on the results of such retary a report on the results of the study under tation services for seniors and individuals with review by May 31 of each year.’’. subparagraph (A). disabilities, if such transportation projects are (b) PILOT PROGRAM FOR EXPEDITED PROJECT included in a program of projects. SEC. 20009. MOBILITY OF SENIORS AND INDIVID- ‘‘(B) SUBMISSION.—A recipient shall annually DELIVERY.— UALS WITH DISABILITIES. submit a program of projects to the Secretary. (1) DEFINITIONS.—In this subsection the fol- Section 5310 of title 49, United States Code, is ‘‘(C) ASSURANCE.—The program of projects lowing definitions shall apply: amended to read as follows: (A) ELIGIBLE PROJECT.—The term ‘‘eligible submitted under subparagraph (B) shall contain project’’ means a new fixed guideway capital ‘‘§ 5310. Formula grants for the enhanced mo- an assurance that the program provides for the project or a core capacity improvement project, bility of seniors and individuals with dis- maximum feasible coordination of transpor- as those terms are defined in section 5309 of title abilities tation services assisted under this section with 49, United States Code, as amended by this sec- ‘‘(a) DEFINITIONS.—In this section, the fol- transportation services assisted by other Gov- tion, that has not entered into a full funding lowing definitions shall apply: ernment sources. grant agreement with the Federal Transit Ad- ‘‘(1) RECIPIENT.—The term ‘recipient’ means a ‘‘(7) MEAL DELIVERY FOR HOMEBOUND INDIVID- ministration before the date of enactment of the designated recipient or a State that receives a UALS.—A public transportation service provider Federal Public Transportation Act of 2012. grant under this section directly. that receives assistance under this section or (B) PROGRAM.—The term ‘‘program’’ means ‘‘(2) SUBRECIPIENT.—The term ‘subrecipient’ section 5311(c) may coordinate and assist in reg- the pilot program for expedited project delivery means a State or local governmental authority, ularly providing meal delivery service for home- established under this subsection. a private nonprofit organization, or an operator bound individuals, if the delivery service does (C) RECIPIENT.—The term ‘‘recipient’’ means a of public transportation that receives a grant not conflict with providing public transpor- recipient of funding under chapter 53 of title 49, under this section indirectly through a recipi- tation service or reduce service to public trans- United States Code. ent. portation passengers. (D) SECRETARY.—The term ‘‘Secretary’’ means ‘‘(b) GENERAL AUTHORITY.— ‘‘(c) APPORTIONMENT AND TRANSFERS.— the Secretary of Transportation. ‘‘(1) GRANTS.—The Secretary may make grants ‘‘(1) FORMULA.—The Secretary shall appor- (2) ESTABLISHMENT.—The Secretary shall es- under this section to recipients for— tion amounts made available to carry out this tablish and implement a pilot program to dem- ‘‘(A) public transportation projects planned, section as follows: onstrate whether innovative project development designed, and carried out to meet the special ‘‘(A) LARGE URBANIZED AREAS.—Sixty percent and delivery methods or innovative financing needs of seniors and individuals with disabilities of the funds shall be apportioned among des- arrangements can expedite project delivery for when public transportation is insufficient, inap- ignated recipients for urbanized areas with a certain meritorious new fixed guideway capital propriate, or unavailable; population of 200,000 or more individuals, as de- projects and core capacity improvement projects. ‘‘(B) public transportation projects that ex- termined by the Bureau of the Census, in the (3) LIMITATION ON NUMBER OF PROJECTS.—The ceed the requirements of the Americans with ratio that— Secretary shall select 3 eligible projects to par- Disabilities Act of 1990 (42 U.S.C. 12101 et seq.); ‘‘(i) the number of seniors and individuals ticipate in the program, of which— ‘‘(C) public transportation projects that im- with disabilities in each such urbanized area; (A) at least 1 shall be an eligible project re- prove access to fixed route service and decrease bears to questing more than $100,000,000 in Federal fi- reliance by individuals with disabilities on com- ‘‘(ii) the number of seniors and individuals nancial assistance under section 5309 of title 49, plementary paratransit; and with disabilities in all such urbanized areas. United States Code; and ‘‘(D) alternatives to public transportation that ‘‘(B) SMALL URBANIZED AREAS.—Twenty per- (B) at least 1 shall be an eligible project re- assist seniors and individuals with disabilities cent of the funds shall be apportioned among questing less than $100,000,000 in Federal finan- with transportation. the States in the ratio that—

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‘‘(i) the number of seniors and individuals ‘‘(e) GRANT REQUIREMENTS.— ‘‘(C) accessibility improvements; and with disabilities in urbanized areas with a pop- ‘‘(1) IN GENERAL.—A grant under this section ‘‘(D) other measures, as the Secretary deter- ulation of fewer than 200,000 individuals, as de- shall be subject to the same requirements as a mines is appropriate.’’. termined by the Bureau of the Census, in each grant under section 5307, to the extent the Sec- SEC. 20010. FORMULA GRANTS FOR RURAL AREAS. State; bears to retary determines appropriate. Section 5311 of title 49, United States Code, is ‘‘(ii) the number of seniors and individuals ‘‘(2) CERTIFICATION REQUIREMENTS.— amended to read as follows: with disabilities in urbanized areas with a pop- ‘‘(A) PROJECT SELECTION AND PLAN DEVELOP- ‘‘§ 5311. Formula grants for rural areas ulation of fewer than 200,000 individuals, as de- MENT.—Before receiving a grant under this sec- termined by the Bureau of the Census, in all tion, each recipient shall certify that— ‘‘(a) DEFINITIONS.—As used in this section, States. ‘‘(i) the projects selected by the recipient are the following definitions shall apply: ‘‘(C) RURAL AREAS.—Twenty percent of the included in a locally developed, coordinated ‘‘(1) RECIPIENT.—The term ‘recipient’ means a funds shall be apportioned among the States in public transit-human services transportation State or Indian tribe that receives a Federal the ratio that— plan; transit program grant directly from the Govern- ‘‘(i) the number of seniors and individuals ‘‘(ii) the plan described in clause (i) was de- ment. with disabilities in rural areas in each State; veloped and approved through a process that in- ‘‘(2) SUBRECIPIENT.—The term ‘subrecipient’ bears to cluded participation by seniors, individuals with means a State or local governmental authority, ‘‘(ii) the number of seniors and individuals disabilities, representatives of public, private, a nonprofit organization, or an operator of pub- with disabilities in rural areas in all States. and nonprofit transportation and human serv- lic transportation or intercity bus service that ‘‘(2) AREAS SERVED BY PROJECTS.— ices providers, and other members of the public; receives Federal transit program grant funds in- ‘‘(A) IN GENERAL.—Except as provided in sub- and directly through a recipient. paragraph (B)— ‘‘(iii) to the maximum extent feasible, the serv- ‘‘(b) GENERAL AUTHORITY.— ‘‘(i) funds apportioned under paragraph ices funded under this section will be coordi- ‘‘(1) GRANTS AUTHORIZED.—Except as provided (1)(A) shall be used for projects serving urban- nated with transportation services assisted by by paragraph (2), the Secretary may award ized areas with a population of 200,000 or more other Federal departments and agencies, includ- grants under this section to recipients located in individuals, as determined by the Bureau of the ing any transportation activities carried out by rural areas for— Census; a recipient of a grant from the Department of ‘‘(A) planning, provided that a grant under ‘‘(ii) funds apportioned under paragraph Health and Human Services. this section for planning activities shall be in (1)(B) shall be used for projects serving urban- ‘‘(B) ALLOCATIONS TO SUBRECIPIENTS.—If a re- addition to funding awarded to a State under ized areas with a population of fewer than cipient allocates funds received under this sec- section 5305 for planning activities that are di- 200,000 individuals, as determined by the Bu- tion to subrecipients, the recipient shall certify rected specifically at the needs of rural areas in reau of the Census; and that the funds are allocated on a fair and equi- the State; ‘‘(iii) funds apportioned under paragraph table basis. ‘‘(B) public transportation capital projects; (1)(C) shall be used for projects serving rural ‘‘(f) COMPETITIVE PROCESS FOR GRANTS TO ‘‘(C) operating costs of equipment and facili- areas. SUBRECIPIENTS.— ties for use in public transportation; ‘‘(B) EXCEPTIONS.—A State may use funds ap- ‘‘(1) AREAWIDE SOLICITATIONS.—A recipient of ‘‘(D) job access and reverse commute projects; portioned to the State under subparagraph (B) funds apportioned under subsection (c)(1)(A) and or (C) of paragraph (1)— may conduct, in cooperation with the appro- ‘‘(E) the acquisition of public transportation ‘‘(i) for a project serving an area other than priate metropolitan planning organization, an services, including service agreements with pri- an area specified in subparagraph (A)(ii) or areawide solicitation for applications for grants vate providers of public transportation service. (A)(iii), as the case may be, if the Governor of under this section. ‘‘(2) STATE PROGRAM.— the State certifies that all of the objectives of ‘‘(2) STATEWIDE SOLICITATIONS.—A recipient ‘‘(A) IN GENERAL.—A project eligible for a this section are being met in the area specified of funds apportioned under subparagraph (B) or grant under this section shall be included in a in subparagraph (A)(ii) or (A)(iii); or (C) of subsection (c)(1) may conduct a statewide State program for public transportation service ‘‘(ii) for a project anywhere in the State, if solicitation for applications for grants under projects, including agreements with private pro- the State has established a statewide program this section. viders of public transportation service. for meeting the objectives of this section. ‘‘(3) APPLICATION.—If the recipient elects to ‘‘(B) SUBMISSION TO SECRETARY.—Each State ‘‘(C) LIMITED TO ELIGIBLE PROJECTS.—Any engage in a competitive process, a recipient or shall submit to the Secretary annually the pro- funds transferred pursuant to subparagraph (B) subrecipient seeking to receive a grant from gram described in subparagraph (A). shall be made available only for eligible projects funds apportioned under subsection (c) shall ‘‘(C) APPROVAL.—The Secretary may not ap- selected under this section. prove the program unless the Secretary deter- ‘‘(D) CONSULTATION.—A recipient may trans- submit to the recipient making the election an mines that— fer an amount under subparagraph (B) only application in such form and in accordance ‘‘(i) the program provides a fair distribution of after consulting with responsible local officials, with such requirements as the recipient making amounts in the State, including Indian reserva- publicly owned operators of public transpor- the election shall establish. tions; and tation, and nonprofit providers in the area for ‘‘(g) TRANSFERS OF FACILITIES AND EQUIP- ‘‘(ii) the program provides the maximum fea- which the amount was originally apportioned. MENT.—A recipient may transfer a facility or sible coordination of public transportation serv- ‘‘(d) GOVERNMENT SHARE OF COSTS.— equipment acquired using a grant under this ‘‘(1) CAPITAL PROJECTS.—A grant for a capital section to any other recipient eligible to receive ice assisted under this section with transpor- project under this section shall be in an amount assistance under this chapter, if— tation service assisted by other Federal sources. equal to 80 percent of the net capital costs of the ‘‘(1) the recipient in possession of the facility ‘‘(3) RURAL TRANSPORTATION ASSISTANCE PRO- project, as determined by the Secretary. or equipment consents to the transfer; and GRAM.— ‘‘(2) OPERATING ASSISTANCE.—A grant made ‘‘(2) the facility or equipment will continue to ‘‘(A) IN GENERAL.—The Secretary shall carry under this section for operating assistance may be used as required under this section. out a rural transportation assistance program in not exceed an amount equal to 50 percent of the ‘‘(h) PERFORMANCE MEASURES.— rural areas. net operating costs of the project, as determined ‘‘(1) IN GENERAL.—Not later than 1 year after ‘‘(B) GRANTS AND CONTRACTS.—In carrying by the Secretary. the date of enactment of the Federal Public out this paragraph, the Secretary may use not ‘‘(3) REMAINDER OF NET COSTS.—The remain- Transportation Act of 2012, the Secretary shall more than 2 percent of the amount made avail- der of the net costs of a project carried out submit a report to the Committee on Banking, able under section 5338(a)(2)(E) to make grants under this section— Housing, and Urban Affairs of the Senate and and contracts for transportation research, tech- ‘‘(A) may be provided from an undistributed the Committee on Transportation and Infra- nical assistance, training, and related support cash surplus, a replacement or depreciation cash structure of the House of Representatives mak- services in rural areas. fund or reserve, a service agreement with a ing recommendations on the establishment of ‘‘(C) PROJECTS OF A NATIONAL SCOPE.—Not State or local social service agency or a private performance measures for grants under this sec- more than 15 percent of the amounts available social service organization, or new capital; and tion. Such report shall be developed in consulta- under subparagraph (B) may be used by the ‘‘(B) may be derived from amounts appro- tion with national nonprofit organizations that Secretary to carry out competitively selected priated or otherwise made available— provide technical assistance and advocacy on projects of a national scope, with the remaining ‘‘(i) to a department or agency of the Govern- issues related to transportation services for sen- balance provided to the States. ment (other than the Department of Transpor- iors and individuals with disabilities. ‘‘(4) DATA COLLECTION.—Each recipient under tation) that are eligible to be expended for ‘‘(2) MEASURES.—The performance measures this section shall submit an annual report to the transportation; or to be considered in the report under paragraph Secretary containing information on capital in- ‘‘(ii) to carry out the Federal lands highways (1) shall require the collection of quantitative vestment, operations, and service provided with program under section 204 of title 23. and qualitative information, as available, con- funds received under this section, including— ‘‘(4) USE OF CERTAIN FUNDS.—For purposes of cerning— ‘‘(A) total annual revenue; paragraph (3)(B)(i), the prohibition under sec- ‘‘(A) modifications to the geographic coverage ‘‘(B) sources of revenue; tion 403(a)(5)(C)(vii) of the Social Security Act of transportation service, the quality of trans- ‘‘(C) total annual operating costs; (42 U.S.C. 603(a)(5)(C)(vii)) on the use of grant portation service, or service times that increase ‘‘(D) total annual capital costs; funds for matching requirements shall not apply the availability of transportation services for ‘‘(E) fleet size and type, and related facilities; to Federal or State funds to be used for trans- seniors and individuals with disabilities; ‘‘(F) vehicle revenue miles; and portation purposes. ‘‘(B) ridership; ‘‘(G) ridership.

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‘‘(c) APPORTIONMENTS.— area in rural areas in that State and divided by share of the net operating costs equal to 62.5 ‘‘(1) PUBLIC TRANSPORTATION ON INDIAN RES- the land area in all rural areas in the United percent of the Government share provided for ERVATIONS.—Of the amounts made available or States, as shown by the most recent decennial under paragraph (1)(B). appropriated for each fiscal year pursuant to census of population. ‘‘(3) REMAINDER.—The remainder of net section 5338(a)(2)(E) to carry out this para- ‘‘(iii) VEHICLE REVENUE MILES.—Subject to project costs— graph, the following amounts shall be appor- clause (v), each State shall receive an amount ‘‘(A) may be provided from an undistributed tioned each fiscal year for grants to Indian that is equal to 29.68 percent of the amount ap- cash surplus, a replacement or depreciation cash tribes for any purpose eligible under this sec- portioned under clause (i), multiplied by the fund or reserve, a service agreement with a tion, under such terms and conditions as may be ratio of vehicle revenue miles in rural areas in State or local social service agency or a private established by the Secretary: that State and divided by the vehicle revenue social service organization, or new capital; ‘‘(A) $5,000,000 shall be distributed on a com- miles in all rural areas in the United States, as ‘‘(B) may be derived from amounts appro- petitive basis by the Secretary. determined by national transit database report- priated or otherwise made available to a depart- ‘‘(B) $25,000,000 shall be apportioned as for- ing. ment or agency of the Government (other than mula grants, as provided in subsection (j). ‘‘(iv) LOW-INCOME INDIVIDUALS.—Each State the Department of Transportation) that are eli- ‘‘(2) APPALACHIAN DEVELOPMENT PUBLIC shall receive an amount that is equal to 40.64 gible to be expended for transportation; TRANSPORTATION ASSISTANCE PROGRAM.— percent of the amount apportioned under clause ‘‘(C) notwithstanding subparagraph (B), may ‘‘(A) DEFINITIONS.—In this paragraph— (i), multiplied by the ratio of low-income indi- be derived from amounts made available to carry ‘‘(i) the term ‘Appalachian region’ has the viduals in rural areas in that State and divided out the Federal lands highway program estab- same meaning as in section 14102 of title 40; and by the number of low-income individuals in all lished by section 204 of title 23; and ‘‘(ii) the term ‘eligible recipient’ means a State rural areas in the United States, as shown by ‘‘(D) in the case of an intercity bus project that participates in a program established under the Bureau of the Census. that includes both feeder service and an unsub- subtitle IV of title 40. ‘‘(v) MAXIMUM APPORTIONMENT.—No State sidized segment of intercity bus service to which ‘‘(B) IN GENERAL.—The Secretary shall carry shall receive— the feeder service connects, may be derived from out a public transportation assistance program ‘‘(I) more than 5 percent of the amount appor- the costs of a private operator for the unsub- in the Appalachian region. tioned under clause (ii); or sidized segment of intercity bus service as an in- ‘‘(C) APPORTIONMENT.—Of amounts made ‘‘(II) more than 5 percent of the amount ap- kind match for the operating costs of connecting available or appropriated for each fiscal year portioned under clause (iii). rural intercity bus feeder service funded under under section 5338(a)(2)(E) to carry out this ‘‘(d) USE FOR LOCAL TRANSPORTATION SERV- subsection (f), if the private operator agrees in paragraph, the Secretary shall apportion funds ICE.—A State may use an amount apportioned writing to the use of the costs of the private op- to eligible recipients for any purpose eligible under this section for a project included in a erator for the unsubsidized segment of intercity under this section, based on the guidelines es- program under subsection (b) of this section and bus service as an in-kind match. tablished under section 9.5(b) of the Appa- eligible for assistance under this chapter if the ‘‘(4) USE OF CERTAIN FUNDS.—For purposes of lachian Regional Commission Code. project will provide local transportation service, paragraph (3)(B), the prohibitions on the use of ‘‘(D) SPECIAL RULE.—An eligible recipient may as defined by the Secretary of Transportation, funds for matching requirements under section use amounts that cannot be used for operating in a rural area. 403(a)(5)(C)(vii) of the Social Security Act (42 expenses under this paragraph for a highway ‘‘(e) USE FOR ADMINISTRATION, PLANNING, AND U.S.C. 603(a)(5)(C)(vii)) shall not apply to Fed- project if— TECHNICAL ASSISTANCE.—The Secretary may eral or State funds to be used for transportation ‘‘(i) that use is approved, in writing, by the el- allow a State to use not more than 10 percent of purposes. igible recipient after appropriate notice and an the amount apportioned under this section to ‘‘(5) LIMITATION ON OPERATING ASSISTANCE.— opportunity for comment and appeal are pro- administer this section and provide technical as- A State carrying out a program of operating as- vided to affected public transportation pro- sistance to a subrecipient, including project sistance under this section may not limit the viders; and planning, program and management develop- level or extent of use of the Government grant ‘‘(ii) the eligible recipient, in approving the ment, coordination of public transportation pro- for the payment of operating expenses. use of amounts under this subparagraph, deter- grams, and research the State considers appro- ‘‘(h) TRANSFER OF FACILITIES AND EQUIP- mines that the local transit needs are being ad- priate to promote effective delivery of public MENT.—With the consent of the recipient cur- dressed. transportation to a rural area. rently having a facility or equipment acquired ‘‘(3) REMAINING AMOUNTS.— ‘‘(f) INTERCITY BUS TRANSPORTATION.— with assistance under this section, a State may ‘‘(A) IN GENERAL.—The amounts made avail- ‘‘(1) IN GENERAL.—A State shall expend at transfer the facility or equipment to any recipi- able or appropriated for each fiscal year pursu- least 15 percent of the amount made available in ent eligible to receive assistance under this ant to section 5338(a)(2)(E) that are not appor- each fiscal year to carry out a program to de- chapter if the facility or equipment will con- tioned under paragraph (1) or (2) shall be ap- velop and support intercity bus transportation. tinue to be used as required under this section. portioned in accordance with this paragraph. Eligible activities under the program include— ‘‘(i) RELATIONSHIP TO OTHER LAWS.— ‘‘(B) APPORTIONMENT BASED ON LAND AREA ‘‘(A) planning and marketing for intercity bus ‘‘(1) IN GENERAL.—Section 5333(b) applies to AND POPULATION IN NONURBANIZED AREAS.— transportation; this section if the Secretary of Labor utilizes a ‘‘(B) capital grants for intercity bus facilities; ‘‘(i) IN GENERAL.—83.15 percent of the amount special warranty that provides a fair and equi- described in subparagraph (A) shall be appor- ‘‘(C) joint-use facilities; ‘‘(D) operating grants through purchase-of- table arrangement to protect the interests of em- tioned to the States in accordance with this sub- service agreements, user-side subsidies, and ployees. paragraph. ‘‘(2) RULE OF CONSTRUCTION.—This subsection demonstration projects; and ‘‘(ii) LAND AREA.— ‘‘(E) coordinating rural connections between does not affect or discharge a responsibility of ‘‘(I) IN GENERAL.—Subject to subclause (II), small public transportation operations and the Secretary of Transportation under a law of each State shall receive an amount that is equal intercity bus carriers. the United States. to 20 percent of the amount apportioned under ‘‘(2) CERTIFICATION.—A State does not have to ‘‘(j) FORMULA GRANTS FOR PUBLIC TRANSPOR- clause (i), multiplied by the ratio of the land comply with paragraph (1) of this subsection in TATION ON INDIAN RESERVATIONS.— area in rural areas in that State and divided by a fiscal year in which the Governor of the State ‘‘(1) APPORTIONMENT.— the land area in all rural areas in the United certifies to the Secretary, after consultation ‘‘(A) IN GENERAL.—Of the amounts described States, as shown by the most recent decennial with affected intercity bus service providers, in subsection (c)(1)(B)— ‘‘(i) 50 percent of the total amount shall be census of population. that the intercity bus service needs of the State apportioned so that each Indian tribe providing ‘‘(II) MAXIMUM APPORTIONMENT.—No State are being met adequately. shall receive more than 5 percent of the amount ‘‘(g) GOVERNMENT SHARE OF COSTS.— public transportation service shall receive an apportioned under subclause (I). ‘‘(1) CAPITAL PROJECTS.— amount equal to the total amount apportioned ‘‘(iii) POPULATION.—Each State shall receive ‘‘(A) IN GENERAL.—Except as provided by sub- under this clause multiplied by the ratio of the an amount equal to 80 percent of the amount paragraph (B), a grant awarded under this sec- number of vehicle revenue miles provided by an apportioned under clause (i), multiplied by the tion for a capital project or project administra- Indian tribe divided by the total number of vehi- ratio of the population of rural areas in that tive expenses shall be for 80 percent of the net cle revenue miles provided by all Indian tribes, State and divided by the population of all rural costs of the project, as determined by the Sec- as reported to the Secretary; areas in the United States, as shown by the retary. ‘‘(ii) 25 percent of the total amount shall be most recent decennial census of population. ‘‘(B) EXCEPTION.—A State described in section apportioned equally among each Indian tribe ‘‘(C) APPORTIONMENT BASED ON LAND AREA, 120(b) of title 23 shall receive a Government providing at least 200,000 vehicle revenue miles VEHICLE REVENUE MILES, AND LOW-INCOME INDI- share of the net costs in accordance with the of public transportation service annually, as re- VIDUALS IN NONURBANIZED AREAS.— formula under that section. ported to the Secretary; and ‘‘(i) IN GENERAL.—16.85 percent of the amount ‘‘(2) OPERATING ASSISTANCE.— ‘‘(iii) 25 percent of the total amount shall be described in subparagraph (A) shall be appor- ‘‘(A) IN GENERAL.—Except as provided by sub- apportioned among each Indian tribe providing tioned to the States in accordance with this subparagraph (B), a grant made under this section public transportation on tribal lands (as defined paragraph. for operating assistance may not exceed 50 per- by the Bureau of the Census) on which more ‘‘(ii) LAND AREA.—Subject to clause (v), each cent of the net operating costs of the project, as than 1,000 low-income individuals reside (as de- State shall receive an amount that is equal to determined by the Secretary. termined by the Bureau of the Census) so that 29.68 percent of the amount apportioned under ‘‘(B) EXCEPTION.—A State described in section each Indian tribe shall receive an amount equal clause (i), multiplied by the ratio of the land 120(b) of title 23 shall receive a Government to the total amount apportioned under this

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00345 Fmt 4634 Sfmt 6333 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H4504 CONGRESSIONAL RECORD — HOUSE June 28, 2012 clause multiplied by the ratio of the number of project that has as its ultimate goal the develop- ‘‘(A) the deployment of research and tech- low-income individuals residing on an Indian ment and deployment of new and innovative nology development resulting from private ef- tribe’s lands divided by the total number of low- ideas, practices, and approaches. forts or Federally funded efforts; and income individuals on tribal lands on which ‘‘(2) PROJECT ELIGIBILITY.—A public transpor- ‘‘(B) the implementation of research and tech- more than 1,000 low-income individuals reside. tation research project that receives assistance nology development to advance the interests of ‘‘(B) LIMITATION.—No recipient shall receive under paragraph (1) shall focus on— public transportation. more than $300,000 of the amounts apportioned ‘‘(A) providing more effective and efficient ‘‘(4) EVALUATION.—Not later than 2 years under subparagraph (A)(iii) in a fiscal year. public transportation service, including services after the date on which a project receives assist- ‘‘(C) REMAINING AMOUNTS.—Of the amounts to— ance under paragraph (1), the Secretary shall made available under subparagraph (A)(iii), ‘‘(i) seniors; conduct a comprehensive evaluation of the suc- any amounts not apportioned under that sub- ‘‘(ii) individuals with disabilities; and cess or failure of the projects funded under this paragraph shall be allocated among Indian ‘‘(iii) low-income individuals; subsection and any plan for broad-based imple- tribes receiving less than $300,000 in a fiscal ‘‘(B) mobility management and improvements mentation of the innovation promoted by suc- year according to the formula specified in that and travel management systems; cessful projects. clause. ‘‘(C) data and communication system ad- ‘‘(5) LOW OR NO EMISSION VEHICLE DEPLOY- ‘‘(D) LOW-INCOME INDIVIDUALS.—For purposes vancements; MENT.— of subparagraph (A)(iii), the term ‘low-income ‘‘(D) system capacity, including— ‘‘(A) DEFINITIONS.—In this paragraph, the individual’ means an individual whose family ‘‘(i) train control; following definitions shall apply: income is at or below 100 percent of the poverty ‘‘(ii) capacity improvements; and ‘‘(i) ELIGIBLE AREA.—The term ‘eligible area’ line, as that term is defined in section 673(2) of ‘‘(iii) performance management; means an area that is— the Community Services Block Grant Act (42 ‘‘(E) capital and operating efficiencies; ‘‘(I) designated as a nonattainment area for U.S.C. 9902(2)), including any revision required ‘‘(F) planning and forecasting modeling and ozone or carbon monoxide under section 107(d) by that section, for a family of the size involved. simulation; of the Clean Air Act (42 U.S.C. 7407(d)); or ‘‘(2) NON-TRIBAL SERVICE PROVIDERS.—A re- ‘‘(G) advanced vehicle design; ‘‘(II) a maintenance area, as defined in sec- ‘‘(H) advancements in vehicle technology; cipient that is an Indian tribe may use funds tion 5303, for ozone or carbon monoxide. ‘‘(I) asset maintenance and repair systems ad- apportioned under this subsection to finance ‘‘(ii) ELIGIBLE PROJECT.—The term ‘eligible vancement; public transportation services provided by a project’ means a project or program of projects ‘‘(J) construction and project management; non-tribal provider of public transportation that in an eligible area for— ‘‘(K) alternative fuels; connects residents of tribal lands with sur- ‘‘(I) acquiring or leasing low or no emission rounding communities, improves access to em- ‘‘(L) the environment and energy efficiency; ‘‘(M) safety improvements; or vehicles; ployment or healthcare, or otherwise addresses ‘‘(N) any other area that the Secretary deter- ‘‘(II) constructing or leasing facilities and re- the mobility needs of tribal members.’’. mines is important to advance the interests of lated equipment for low or no emission vehicles; SEC. 20011. RESEARCH, DEVELOPMENT, DEM- public transportation. ‘‘(III) constructing new public transportation ONSTRATION, AND DEPLOYMENT ‘‘(c) INNOVATION AND DEVELOPMENT.— facilities to accommodate low or no emission ve- PROJECTS. ‘‘(1) IN GENERAL.—The Secretary may make a hicles; or Section 5312 of title 49, United States Code, is grant to or enter into a contract, cooperative ‘‘(IV) rehabilitating or improving existing amended to read as follows: agreement, or other agreement under this sec- public transportation facilities to accommodate ‘‘§ 5312. Research, development, demonstration with an entity described in subsection (a)(2) low or no emission vehicles. tion, and deployment projects to carry out a public transportation innovation ‘‘(iii) DIRECT CARBON EMISSIONS.—The term ‘‘(a) RESEARCH, DEVELOPMENT, DEMONSTRA- and development project that seeks to improve ‘direct carbon emissions’ means the quantity of TION, AND DEPLOYMENT PROJECTS.— public transportation systems nationwide in direct greenhouse gas emissions from a vehicle, ‘‘(1) IN GENERAL.—The Secretary may make order to provide more efficient and effective de- as determined by the Administrator of the Envi- grants and enter into contracts, cooperative livery of public transportation services, includ- ronmental Protection Agency. agreements, and other agreements for research, ing through technology and technological ca- ‘‘(iv) LOW OR NO EMISSION BUS.—The term development, demonstration, and deployment pacity improvements. ‘low or no emission bus’ means a bus that is a projects, and evaluation of research and tech- ‘‘(2) PROJECT ELIGIBILITY.—A public transpor- low or no emission vehicle. nology of national significance to public trans- tation innovation and development project that ‘‘(v) LOW OR NO EMISSION VEHICLE.—The term portation, that the Secretary determines will im- receives assistance under paragraph (1) shall ‘low or no emission vehicle’ means— prove public transportation. focus on— ‘‘(I) a passenger vehicle used to provide public ‘‘(2) AGREEMENTS.—In order to carry out ‘‘(A) the development of public transportation transportation that the Administrator of the En- paragraph (1), the Secretary may make grants research projects that received assistance under vironmental Protection Agency has certified suf- to and enter into contracts, cooperative agree- subsection (b) that the Secretary determines ficiently reduces energy consumption or reduces ments, and other agreements with— were successful; harmful emissions, including direct carbon emis- ‘‘(A) departments, agencies, and instrumental- ‘‘(B) planning and forecasting modeling and sions, when compared to a comparable standard ities of the Government, including Federal lab- simulation; vehicle; or oratories; ‘‘(C) capital and operating efficiencies; ‘‘(II) a zero emission bus used to provide pub- ‘‘(B) State and local governmental entities; ‘‘(D) advanced vehicle design; lic transportation. ‘‘(C) providers of public transportation; ‘‘(E) advancements in vehicle technology; ‘‘(vi) RECIPIENT.—The term ‘recipient’ ‘‘(D) private or non-profit organizations; ‘‘(F) the environment and energy efficiency; means— ‘‘(E) institutions of higher education; and ‘‘(G) system capacity, including train control ‘‘(I) for an eligible area that is an urbanized ‘‘(F) technical and community colleges. and capacity improvements; or area with a population of fewer than 200,000 in- ‘‘(3) APPLICATION.— ‘‘(H) any other area that the Secretary deter- dividuals, as determined by the Bureau of the ‘‘(A) IN GENERAL.—To receive a grant, con- mines is important to advance the interests of Census, the State in which the eligible area is tract, cooperative agreement, or other agreement public transportation. located; and under this section, an entity described in para- ‘‘(d) DEMONSTRATION, DEPLOYMENT, AND ‘‘(II) for an eligible area not described in sub- graph (2) shall submit an application to the Sec- EVALUATION.— paragraph (A), the designated recipient for the retary. ‘‘(1) IN GENERAL.—The Secretary may, under eligible area. ‘‘(B) FORM AND CONTENTS.—An application terms and conditions that the Secretary pre- ‘‘(vii) ZERO EMISSION BUS.—The term ‘zero under subparagraph (A) shall be in such form scribes, make a grant to or enter into a contract, emission bus’ means a low or no emission bus and contain such information as the Secretary cooperative agreement, or other agreement with that produces no carbon or particulate matter. may require, including— an entity described in paragraph (2) to promote ‘‘(B) AUTHORITY.—The Secretary may make ‘‘(i) a statement of purpose detailing the need the early deployment and demonstration of in- grants to recipients to finance eligible projects being addressed; novation in public transportation that has under this paragraph. ‘‘(ii) the short- and long-term goals of the broad applicability. ‘‘(C) GRANT REQUIREMENTS.— project, including opportunities for future inno- ‘‘(2) PARTICIPANTS.—An entity described in ‘‘(i) IN GENERAL.—A grant under this para- vation and development, the potential for de- this paragraph is— graph shall be subject to the requirements of ployment, and benefits to riders and public ‘‘(A) an entity described in subsection (a)(2); section 5307. transportation; and or ‘‘(ii) GOVERNMENT SHARE OF COSTS FOR CER- ‘‘(iii) the short- and long-term funding re- ‘‘(B) a consortium of entities described in sub- TAIN PROJECTS.—Section 5323(j) applies to quirements to complete the project and any fu- section (a)(2), including a provider of public projects carried out under this paragraph, un- ture objectives of the project. transportation, that will share the costs, risks, less the grant recipient requests a lower grant ‘‘(b) RESEARCH.— and rewards of early deployment and dem- percentage. ‘‘(1) IN GENERAL.—The Secretary may make a onstration of innovation. ‘‘(iii) COMBINATION OF FUNDING SOURCES.— grant to or enter into a contract, cooperative ‘‘(3) PROJECT ELIGIBILITY.—A project that re- ‘‘(I) COMBINATION PERMITTED.—A project car- agreement, or other agreement under this sec- ceives assistance under paragraph (1) shall seek ried out under this paragraph may receive fund- tion with an entity described in subsection (a)(2) to build on successful research, innovation, and ing under section 5307, or any other provision of to carry out a public transportation research development efforts to facilitate— law.

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‘‘(II) GOVERNMENT SHARE.—Nothing in this activities that the Secretary determines will as- SEC. 20013. PRIVATE SECTOR PARTICIPATION. clause may be construed to alter the Govern- sist recipients of assistance under this chapter (a) IN GENERAL.—Section 5315 of title 49, ment share required under this section, section to— United States Code, is amended to read as fol- 5307, or any other provision of law. ‘‘(A) more effectively and efficiently provide lows: ‘‘(D) MINIMUM AMOUNTS.—Of amounts made public transportation service; ‘‘§ 5315. Private sector participation available by or appropriated under section ‘‘(B) administer funds received under this ‘‘(a) GENERAL PURPOSES.—In the interest of 5338(b) in each fiscal year to carry out this chapter in compliance with Federal law; and fulfilling the general purposes of this chapter paragraph— ‘‘(C) improve public transportation. under section 5301(b), the Secretary shall— ‘‘(i) not less than 65 percent shall be made ‘‘(2) ELIGIBLE ACTIVITIES.—The activities car- ‘‘(1) better coordinate public and private sec- available to fund eligible projects relating to low ried out under paragraph (1) may include— tor-provided public transportation services; or no emission buses; and ‘‘(A) technical assistance; and ‘‘(2) promote more effective utilization of pri- ‘‘(ii) not less than 10 percent shall be made ‘‘(B) the development of voluntary and con- vate sector expertise, financing, and operational available for eligible projects relating to facili- sensus-based standards and best practices by capacity to deliver costly and complex new fixed ties and related equipment for low or no emis- the public transportation industry, including guideway capital projects; and sion buses. standards and best practices for safety, fare col- ‘‘(3) promote transparency and public under- ‘‘(E) COMPETITIVE PROCESS.—The Secretary lection, Intelligent Transportation Systems, ac- standing of public-private partnerships affect- shall solicit grant applications and make grants cessibility, procurement, security, asset manage- ing public transportation. for eligible projects on a competitive basis. ment to maintain a state of good repair, oper- ‘‘(b) ACTIONS TO PROMOTE BETTER COORDINA- ‘‘(F) PRIORITY CONSIDERATION.—In making ations, maintenance, vehicle propulsion, com- TION BETWEEN PUBLIC AND PRIVATE SECTOR grants under this paragraph, the Secretary shall munications, and vehicle electronics. PROVIDERS OF PUBLIC TRANSPORTATION.—The give priority to projects relating to low or no ‘‘(b) TECHNICAL ASSISTANCE.—The Secretary, Secretary shall— emission buses that make greater reductions in through a competitive bid process, may enter ‘‘(1) provide technical assistance to recipients energy consumption and harmful emissions, in- into contracts, cooperative agreements, and of Federal transit grant assistance, at the re- cluding direct carbon emissions, than com- other agreements with national nonprofit orga- quest of a recipient, on practices and methods to parable standard buses or other low or no emis- nizations that have the appropriate dem- best utilize private providers of public transpor- sion buses. onstrated capacity to provide public transportation; and ‘‘(G) AVAILABILITY OF FUNDS.—Any amounts tation-related technical assistance under this ‘‘(2) educate recipients of Federal transit made available or appropriated to carry out this section. The Secretary may enter into such con- grant assistance on laws and regulations under paragraph— tracts, cooperative agreements, and other agree- this chapter that impact private providers of ‘‘(i) shall remain available to an eligible ments to assist providers of public transpor- public transportation. ‘‘(c) ACTIONS TO PROVIDE TECHNICAL ASSIST- project for 2 years after the fiscal year for which tation to— ANCE FOR ALTERNATIVE PROJECT DELIVERY the amount is made available or appropriated; ‘‘(1) comply with the Americans with Disabil- METHODS.—Upon request by a sponsor of a new and ities Act of 1990 (42 U.S.C. 12101 et seq.) through fixed guideway capital project, the Secretary ‘‘(ii) that remain unobligated at the end of the technical assistance, demonstration programs, shall— period described in clause (i) shall be added to research, public education, and other activities the amount made available to an eligible project ‘‘(1) identify best practices for public-private related to complying with such Act; partnerships models in the United States and in in the following fiscal year. ‘‘(2) comply with human services transpor- ‘‘(e) ANNUAL REPORT ON RESEARCH.—Not later other countries; tation coordination requirements and to en- ‘‘(2) develop standard public-private partner- than the first Monday in February of each year, hance the coordination of Federal resources for the Secretary shall submit to the Committee on ship transaction model contracts; and human services transportation with those of the ‘‘(3) perform financial assessments that in- Banking, Housing, and Urban Affairs and the Department of Transportation through tech- Committee on Appropriations of the Senate and clude the calculation of public and private bene- nical assistance, training, and support services fits of a proposed public-private partnership the Committee on Transportation and Infra- related to complying with such requirements; structure, the Committee on Science, Space, and transaction.’’. ‘‘(3) meet the transportation needs of elderly (b) PUBLIC-PRIVATE PARTNERSHIP PROCEDURES Technology, and the Committee on Appropria- individuals; AND APPROACHES.— tions of the House of Representatives a report ‘‘(4) increase transit ridership in coordination (1) IDENTIFY IMPEDIMENTS.—The Secretary that includes— with metropolitan planning organizations and shall— ‘‘(1) a description of each project that received other entities through development around pub- (A) except as provided in paragraph (6), iden- assistance under this section during the pre- lic transportation stations through technical as- tify any provisions of chapter 53 of title 49, ceding fiscal year; sistance and the development of tools, guidance, United States Code, and any regulations or ‘‘(2) an evaluation of each project described in and analysis related to market-based develop- practices thereunder, that impede greater use of paragraph (1), including any evaluation con- ment around transit stations; public-private partnerships and private invest- ducted under subsection (d)(4) for the preceding ‘‘(5) address transportation equity with regard ment in public transportation capital projects; fiscal year; and to the effect that transportation planning, in- and ‘‘(3) a proposal for allocations of amounts for vestment and operations have for low-income (B) develop and implement on a project basis assistance under this section for the subsequent and minority individuals; and procedures and approaches that— fiscal year. ‘‘(6) any other technical assistance activity (i) address such impediments in a manner ‘‘(f) GOVERNMENT SHARE OF COSTS.— that the Secretary determines is necessary to ad- similar to the Special Experimental Project ‘‘(1) IN GENERAL.—The Government share of vance the interests of public transportation. Number 15 of the Federal Highway Administra- the cost of a project carried out under this sec- ‘‘(c) ANNUAL REPORT ON TECHNICAL ASSIST- tion (commonly referred to as ‘‘SEP-15’’); and tion shall not exceed 80 percent. ANCE.—Not later than the first Monday in Feb- (ii) protect the public interest and any public ‘‘(2) NON-GOVERNMENT SHARE.—The non-Gov- ruary of each year, the Secretary shall submit to investment in public transportation capital ernment share of the cost of a project carried the Committee on Banking, Housing, and Urban projects that involve public-private partnerships out under this section may be derived from in- Affairs and the Committee on Appropriations of or private investment in public transportation kind contributions. the Senate and the Committee on Transpor- capital projects. ‘‘(3) FINANCIAL BENEFIT.—If the Secretary de- tation and Infrastructure, the Committee on (2) TRANSPARENCY.—The Secretary shall determines that there would be a clear and direct Science, Space, and Technology, and the Com- velop guidance to promote greater transparency financial benefit to an entity under a grant, mittee on Appropriations of the House of Rep- and public access to public-private partnership contract, cooperative agreement, or other agree- resentatives a report that includes— agreements involving recipients of Federal as- ment under this section, the Secretary shall es- sistance under chapter 53 of title 49, United ‘‘(1) a description of each project that received tablish a Government share of the costs of the States Code, including— assistance under this section during the pre- project to be carried out under the grant, con- (A) any conflict of interest involving any ceding fiscal year; tract, cooperative agreement, or other agreement party involved in the public-private partnership; ‘‘(2) an evaluation of the activities carried out that is consistent with the benefit.’’. (B) tax and financing aspects related to a by each organization that received assistance public-private partnership agreement; SEC. 20012. TECHNICAL ASSISTANCE AND STAND- under this section during the preceding fiscal ARDS DEVELOPMENT. (C) changes in the workforce and wages, ben- year; and efits, or rules as a result of a public-private Section 5314 of title 49, United States Code, is ‘‘(3) a proposal for allocations of amounts for amended to read as follows: partnership; assistance under this section for the subsequent (D) estimates of the revenue or savings the ‘‘§ 5314. Technical assistance and standards fiscal year. public-private partnership will produce for the development ‘‘(d) GOVERNMENT SHARE OF COSTS.— private entity and public entity; ‘‘(a) TECHNICAL ASSISTANCE AND STANDARDS ‘‘(1) IN GENERAL.—The Government share of (E) any impacts on other developments and DEVELOPMENT.— the cost of an activity carried out using a grant transportation modes as a result of non-compete ‘‘(1) IN GENERAL.—The Secretary may make under this section may not exceed 80 percent. clauses contained in public-private partnership grants and enter into contracts, cooperative ‘‘(2) NON-GOVERNMENT SHARE.—The non-Gov- agreements; and agreements, and other agreements (including ernment share of the cost of an activity carried (F) any other issues the Secretary believes will agreements with departments, agencies, and in- out using a grant under this section may be de- increase transparency of public-private partner- strumentalities of the Government) to carry out rived from in-kind contributions.’’. ship agreements and protect the public interest.

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(3) ASSESSMENT.—In developing and imple- ‘‘(e) ACQUIRING NEW BUS MODELS.— ‘‘(G) target areas with high rates of unem- menting the guidance under paragraph (2), the ‘‘(1) IN GENERAL.—Amounts appropriated or ployment; and Secretary shall encourage project sponsors to otherwise made available under this chapter ‘‘(H) address current or projected workforce conduct assessments to determine whether use of may be obligated or expended to acquire a new shortages in areas that require technical exper- a public-private partnership represents a better bus model only if— tise. public and financial benefit than a similar ‘‘(A) a bus of that model has been tested at a ‘‘(c) GOVERNMENT’S SHARE OF COSTS.—The transaction using public funding or public facility authorized under subsection (a); and Government share of the cost of a project car- project delivery. ‘‘(B) the bus tested under subparagraph (A) ried out using a grant under subsection (a) or (4) REPORT.—Not later than 4 years after the met— (b) shall be 50 percent. date of enactment of this Act, the Secretary ‘‘(i) performance standards for maintain- ‘‘(d) NATIONAL TRANSIT INSTITUTE.— shall submit to Congress a report on the status ability, reliability, performance (including brak- ‘‘(1) ESTABLISHMENT.—The Secretary shall es- of the procedures, approaches, and guidance de- ing performance), structural integrity, fuel tablish a national transit institute and award veloped and implemented under paragraphs (1) economy, emissions, and noise, as established by grants to a public 4-year degree-granting insti- and (2). the Secretary by rule; and tution of higher education, as defined in section (5) RULEMAKING.—Not later than 1 year after ‘‘(ii) the minimum safety performance stand- 101(a) of the Higher Education Act of 1965 (20 the date of enactment of this Act, the Secretary ards established by the Secretary pursuant to U.S.C. 1001(a)), in order to carry out the duties shall issue rules to carry out the procedures and section 5329(b). of the institute. US TEST ‘PASS/FAIL’ STANDARD.—Not approaches developed under paragraph (1). ‘‘(2) B ‘‘(2) DUTIES.— later than 2 years after the date of enactment of (6) RULE OF CONSTRUCTION.—Nothing in this ‘‘(A) IN GENERAL.—In cooperation with the subsection may be construed to allow the Sec- the Federal Public Transportation Act of 2012, Federal Transit Administration, State transpor- retary to waive any requirement under— the Secretary shall issue a final rule under sub- tation departments, public transportation au- (A) section 5333 of title 49, United States Code; paragraph (B)(i). The final rule issued under thorities, and national and international enti- (B) the National Environmental Policy Act of paragraph (B)(i) shall include a bus model scor- ties, the institute established under paragraph 1969 (42 U.S.C. 4321 et seq.); or ing system that results in a weighted, aggregate (1) shall develop and conduct training and edu- (C) any other provision of Federal law. score that uses the testing categories under sub- cational programs for Federal, State, and local section (a) and considers the relative importance (c) CONTRACTING OUT STUDY.— transportation employees, United States citi- of each such testing category. The final rule (1) IN GENERAL.—Not later than 1 year after zens, and foreign nationals engaged or to be en- the date of enactment of this Act, the Comp- issued under subparagraph (B)(i) shall establish gaged in Government-aid public transportation troller General of the United States shall submit a ‘pass/fail’ standard that uses the aggregate work. to the Committee on Transportation and Infra- score described in the preceding sentence. ‘‘(B) TRAINING AND EDUCATIONAL PROGRAMS.— structure of the House of Representatives and Amounts appropriated or otherwise made avail- The training and educational programs devel- the Committee on Banking, Housing, and Urban able under this chapter may be obligated or ex- oped under subparagraph (A) may include Affairs of the Senate a comprehensive report on pended to acquire a new bus model only if the courses in recent developments, techniques, and the effect of contracting out public transpor- new bus model has received a passing aggregate procedures related to— tation operations and administrative functions test score. The Secretary shall work with the ‘‘(i) intermodal and public transportation on cost, availability and level of service, effi- bus testing facility, bus manufacturers, and planning; ciency, and quality of service. transit agencies to develop the bus model scoring ‘‘(ii) management; system under this paragraph. A passing aggre- (2) CONSIDERATIONS.—In developing the re- ‘‘(iii) environmental factors; port, the Comptroller General shall consider— gate test score under the rule issued under sub- ‘‘(iv) acquisition and joint use rights-of-way; (A) the number of grant recipients that have paragraph (B)(i) indicates only that amounts ‘‘(v) engineering and architectural design; contracted out services and the types of public appropriated or made available under this chap- ‘‘(vi) procurement strategies for public trans- transportation services that are performed under ter may be obligated or expended to acquire a portation systems; contract, including paratransit service, fixed new bus model and shall not be interpreted as a ‘‘(vii) turnkey approaches to delivering public route bus service, commuter rail operations, and warranty or guarantee that the new bus model transportation systems; administrative functions; will meet a purchaser’s specific requirements.’’. ‘‘(viii) new technologies; (B) the size of the populations served by such SEC. 20015. HUMAN RESOURCES AND TRAINING. ‘‘(ix) emission reduction technologies; ‘‘(x) ways to make public transportation ac- grant recipients; Section 5322 of title 49, United States Code, is cessible to individuals with disabilities; (C) the basis for decisions regarding con- amended to read as follows: ‘‘(xi) construction, construction management, tracting out such services; ‘‘§ 5322. Human resources and training insurance, and risk management; (D) comparative costs of providing service ‘‘(a) IN GENERAL.—The Secretary may under- ‘‘(xii) maintenance; under contract to providing the same service take, or make grants and contracts for, pro- ‘‘(xiii) contract administration; through public transit agency employees, using grams that address human resource needs as ‘‘(xiv) inspection; to the greatest extent possible a standard cost they apply to public transportation activities. A ‘‘(xv) innovative finance; allocation model; program may include— ‘‘(xvi) workplace safety; and (E) the extent of unionization among privately ‘‘(1) an employment training program; ‘‘(xvii) public transportation security. ‘‘(2) an outreach program to increase minority contracted employees; ‘‘(3) PROVIDING EDUCATION AND TRAINING.— (F) the impact to wages and benefits of em- and female employment in public transportation Education and training of Government, State, ployees when publicly provided public transpor- activities; and local transportation employees under this ‘‘(3) research on public transportation per- tation services are contracted out to a private subsection shall be provided— sonnel and training needs; and for-profit entity; ‘‘(A) by the Secretary at no cost to the States ‘‘(4) training and assistance for minority busi- (G) the level of transparency and public ac- and local governments for subjects that are a ness opportunities. cess to agreements and contracts related to con- Government program responsibility; or ‘‘(b) INNOVATIVE PUBLIC TRANSPORTATION tracted out public transportation services; ‘‘(B) when the education and training are WORKFORCE DEVELOPMENT PROGRAM.— (H) the extent of Federal law, regulations and paid under paragraph (4) of this subsection, by guidance prohibiting any conflicts of interest for ‘‘(1) PROGRAM ESTABLISHED.—The Secretary shall establish a competitive grant program to the State, with the approval of the Secretary, contractor employees and businesses; through grants and contracts with public and (I) the extent to which grant recipients evalu- assist the development of innovative activities eligible for assistance under subsection (a). private agencies, other institutions, individuals, ate contracted out services before selecting them and the institute. and the extent to which grant recipients con- ‘‘(2) SELECTION OF RECIPIENTS.—To the maximum extent feasible, the Secretary shall select ‘‘(4) AVAILABILITY OF AMOUNTS.—Not more duct oversight of those services; and than .5 percent of the amounts made available (J) barriers to contracting out public transpor- recipients that— ‘‘(A) are geographically diverse; for a fiscal year beginning after September 30, tation operations and administrative functions. ‘‘(B) address the workforce and human re- 1991, to a State or public transportation author- (d) GUIDANCE ON DOCUMENTING COMPLI- sources needs of large public transportation pro- ity in the State to carry out sections 5307 and ANCE.—Not later than 1 year after the date of viders; 5309 of this title is available for expenditure by enactment of this Act, the Secretary shall pub- ‘‘(C) address the workforce and human re- the State and public transportation authorities lish in the Federal Register policy guidance resources needs of small public transportation pro- in the State, with the approval of the Secretary, garding how to best document compliance by re- viders; to pay not more than 80 percent of the cost of cipients of Federal assistance under chapter 53 ‘‘(D) address the workforce and human re- tuition and direct educational expenses related of title 49, United States Code, with the require- sources needs of urban public transportation to educating and training State and local trans- ments regarding private enterprise participation providers; portation employees under this subsection. in public transportation planning and transpor- ‘‘(E) address the workforce and human re- ‘‘(e) REPORT.—Not later than 2 years after the tation improvement programs under sections sources needs of rural public transportation pro- date of enactment of the Federal Public Trans- 5303(i)(6), 5306(a), and 5307(c) of such title 49. viders; portation Act of 2012, the Secretary shall submit SEC. 20014. BUS TESTING FACILITIES. ‘‘(F) advance training related to maintenance to the Committee on Banking, Housing, and Section 5318 of title 49, United States Code, is of alternative energy, energy efficiency, or zero Urban Affairs of the Senate and the Committee amended by striking subsection (e) and inserting emission vehicles and facilities used in public on Transportation and Infrastructure of the the following: transportation; House of Representatives a report concerning

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General provisions SHARE.— ment or facilities attributable to compliance ‘‘(1) USE AS LOCAL MATCHING FUNDS.—Not- with those Acts. ‘‘(a) INTERESTS IN PROPERTY.— withstanding any other provision of law, a re- ‘‘(2) COSTS INCURRED BY PROVIDERS OF PUBLIC ‘‘(1) IN GENERAL.—Financial assistance provided under this chapter to a State or a local cipient of assistance under section 5307, 5309, or TRANSPORTATION BY VANPOOL.— ‘‘(A) LOCAL MATCHING SHARE.—The local governmental authority may be used to acquire 5337 may use the proceeds from the issuance of matching share provided by a recipient of assist- an interest in, or to buy property of, a private revenue bonds as part of the local matching ance for a capital project under this chapter company engaged in public transportation, for a funds for a capital project. ‘‘(2) MAINTENANCE OF EFFORT.—The Secretary may include any amounts expended by a pro- capital project for property acquired from a pri- shall approve of the use of the proceeds from the vider of public transportation by vanpool for the vate company engaged in public transportation issuance of revenue bonds for the remainder of acquisition of rolling stock to be used by such after July 9, 1964, or to operate a public trans- the net project cost only if the Secretary finds provider in the recipient’s service area, exclud- portation facility or equipment in competition that the aggregate amount of financial support ing any amounts the provider may have received with, or in addition to, transportation service for public transportation in the urbanized area in Federal, State, or local government assistance provided by an existing public transportation provided by the State and affected local govern- for such acquisition. company, only if— ‘‘(B) USE OF REVENUES.—A private provider of ‘‘(A) the Secretary determines that such fi- mental authorities during the next 3 fiscal public transportation by vanpool may use reve- nancial assistance is essential to a program of years, as programmed in the State transpor- nues it receives in the provision of public trans- projects required under sections 5303, 5304, and tation improvement program under section 5304, portation service in the service area of a recipi- 5306; is not less than the aggregate amount provided ‘‘(B) the Secretary determines that the pro- by the State and affected local governmental ent of assistance under this chapter that are in gram provides for the participation of private authorities in the urbanized area during the excess of the provider’s operating costs for the companies engaged in public transportation to preceding 3 fiscal years. purpose of acquiring rolling stock, if the private the maximum extent feasible; and ‘‘(3) DEBT SERVICE RESERVE.—The Secretary provider enters into a legally binding agreement ‘‘(C) just compensation under State or local may reimburse an eligible recipient for deposits with the recipient that requires the provider to law will be paid to the company for its franchise of bond proceeds in a debt service reserve that use the rolling stock in the recipient’s service or property. the recipient establishes pursuant to section area. ‘‘(2) LIMITATION.—A governmental authority 5302(3)(J) from amounts made available to the ‘‘(C) DEFINITIONS.—In this paragraph, the fol- may not use financial assistance of the United recipient under section 5309. lowing definitions apply: ‘‘(i) PRIVATE PROVIDER OF PUBLIC TRANSPOR- States Government to acquire land, equipment, ‘‘(f) SCHOOLBUS TRANSPORTATION.— TATION BY VANPOOL.—The term ‘private provider or a facility used in public transportation from ‘‘(1) AGREEMENTS.—Financial assistance of public transportation by vanpool’ means a another governmental authority in the same ge- under this chapter may be used for a capital private entity providing vanpool services in the ographic area. project, or to operate public transportation ‘‘(b) RELOCATION AND REAL PROPERTY RE- equipment or a public transportation facility, service area of a recipient of assistance under QUIREMENTS.—The Uniform Relocation Assist- only if the applicant agrees not to provide this chapter using a commuter highway vehicle ance and Real Property Acquisition Policies Act schoolbus transportation that exclusively trans- or vanpool vehicle. ‘‘(ii) COMMUTER HIGHWAY VEHICLE; VANPOOL of 1970 (42 U.S.C. 4601 et seq.) shall apply to fi- ports students and school personnel in competi- VEHICLE.—The term ‘commuter highway vehicle nancial assistance for capital projects under tion with a private schoolbus operator. This or vanpool vehicle’ means any vehicle— this chapter. subsection does not apply— ‘‘(I) the seating capacity of which is at least ‘‘(c) CONSIDERATION OF ECONOMIC, SOCIAL, ‘‘(A) to an applicant that operates a school 6 adults (not including the driver); and AND ENVIRONMENTAL INTERESTS.— system in the area to be served and a separate ‘‘(II) at least 80 percent of the mileage use of ‘‘(1) COOPERATION AND CONSULTATION.—The and exclusive schoolbus program for the school which can be reasonably expected to be for the Secretary shall cooperate and consult with the system; and purposes of transporting commuters in connec- Secretary of the Interior and the Administrator ‘‘(B) unless a private schoolbus operator can tion with travel between their residences and of the Environmental Protection Agency on provide adequate transportation that complies their place of employment. each project that may have a substantial impact with applicable safety standards at reasonable rates. ‘‘(j) BUY AMERICA.— on the environment. ‘‘(1) IN GENERAL.—The Secretary may obligate ‘‘(2) COMPLIANCE WITH NEPA.—The National ‘‘(2) VIOLATIONS.—If the Secretary finds that an applicant, governmental authority, or pub- an amount that may be appropriated to carry Environmental Policy Act of 1969 (42 U.S.C. 4321 out this chapter for a project only if the steel, et seq.) shall apply to financial assistance for licly owned operator has violated the agreement required under paragraph (1), the Secretary iron, and manufactured goods used in the capital projects under this chapter. project are produced in the United States. ‘‘(d) CONDITION ON CHARTER BUS TRANSPOR- shall bar a recipient or an operator from receiv- ‘‘(2) WAIVER.—The Secretary may waive para- ing Federal transit assistance in an amount the TATION SERVICE.— graph (1) of this subsection if the Secretary ‘‘(1) AGREEMENTS.—Financial assistance Secretary considers appropriate. finds that— UYING BUSES UNDER OTHER LAWS.— under this chapter may be used to buy or oper- ‘‘(g) B ‘‘(A) applying paragraph (1) would be incon- Subsections (d) and (f) of this section apply to ate a bus only if the applicant, governmental sistent with the public interest; authority, or publicly owned operator that re- financial assistance to buy a bus under sections ‘‘(B) the steel, iron, and goods produced in ceives the assistance agrees that, except as pro- 133 and 142 of title 23. the United States are not produced in a suffi- vided in the agreement, the governmental au- ‘‘(h) GRANT AND LOAN PROHIBITIONS.—A cient and reasonably available amount or are thority or an operator of public transportation grant or loan may not be used to— not of a satisfactory quality; for the governmental authority will not provide ‘‘(1) pay ordinary governmental or nonproject ‘‘(C) when procuring rolling stock (including charter bus transportation service outside the operating expenses; or train control, communication, and traction urban area in which it provides regularly sched- ‘‘(2) support a procurement that uses an ex- power equipment) under this chapter— uled public transportation service. An agree- clusionary or discriminatory specification. ‘‘(i) the cost of components and subcompo- ment shall provide for a fair arrangement the ‘‘(i) GOVERNMENT SHARE OF COSTS FOR CER- nents produced in the United States is more Secretary of Transportation considers appro- TAIN PROJECTS.— than 60 percent of the cost of all components of priate to ensure that the assistance will not en- ‘‘(1) ACQUIRING VEHICLES AND VEHICLE-RE- the rolling stock; and able a governmental authority or an operator LATED EQUIPMENT OR FACILITIES.— ‘‘(ii) final assembly of the rolling stock has oc- for a governmental authority to foreclose a pri- ‘‘(A) VEHICLES.—A grant for a project to be curred in the United States; or vate operator from providing intercity charter assisted under this chapter that involves acquir- ‘‘(D) including domestic material will increase bus service if the private operator can provide ing vehicles for purposes of complying with or the cost of the overall project by more than 25 the service. maintaining compliance with the Americans percent. ‘‘(2) VIOLATIONS.— with Disabilities Act of 1990 (42 U.S.C. 12101 et ‘‘(3) WRITTEN WAIVER DETERMINATION AND AN- ‘‘(A) INVESTIGATIONS.—On receiving a com- seq.) or the Clean Air Act is for 85 percent of the NUAL REPORT.— plaint about a violation of the agreement re- net project cost. ‘‘(A) WRITTEN DETERMINATION.—Before quired under paragraph (1), the Secretary shall ‘‘(B) VEHICLE-RELATED EQUIPMENT OR FACILI- issuing a waiver under paragraph (2), the Sec- investigate and decide whether a violation has TIES.—A grant for a project to be assisted under retary shall— occurred. this chapter that involves acquiring vehicle-re- ‘‘(i) publish in the Federal Register and make ‘‘(B) ENFORCEMENT OF AGREEMENTS.—If the lated equipment or facilities required by the publicly available in an easily identifiable loca- Secretary decides that a violation has occurred, Americans with Disabilities Act of 1990 (42 tion on the website of the Department of Trans- the Secretary shall correct the violation under U.S.C. 12101 et seq.) or vehicle-related equip- portation a detailed written explanation of the terms of the agreement. ment or facilities (including clean fuel or alter- waiver determination; and ‘‘(C) ADDITIONAL REMEDIES.—In addition to native fuel vehicle-related equipment or facili- ‘‘(ii) provide the public with a reasonable pe- any remedy specified in the agreement, the Sec- ties) for purposes of complying with or main- riod of time for notice and comment.

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‘‘(B) ANNUAL REPORT.—Not later than 1 year The Secretary may terminate financial assist- modal facilities, park and ride lots, and bus- after the date of enactment of the Federal Pub- ance under this chapter and seek reimbursement only highway lanes. In determining reasonable lic Transportation Act of 2012, and annually directly, or by offsetting amounts, available access, capacity requirements of the recipient of thereafter, the Secretary shall submit to the under this chapter if the Secretary determines assistance and the extent to which access would Committee on Banking, Housing, and Urban Af- that a recipient of such financial assistance has be detrimental to existing public transportation fairs of the Senate and the Committee on Trans- made a false or fraudulent statement or related services must be considered.’’. portation and Infrastructure of the House of act in connection with a Federal public trans- SEC. 20017. PUBLIC TRANSPORTATION EMER- Representatives a report listing any waiver portation program. GENCY RELIEF PROGRAM. issued under paragraph (2) during the preceding ‘‘(2) POLITICAL ACTIVITIES OF NONSUPERVISORY (a) IN GENERAL.—Section 5324 of title 49, year. EMPLOYEES.—The provision of assistance under United States Code, is amended to read as fol- ‘‘(4) LABOR COSTS FOR FINAL ASSEMBLY.—In this chapter shall not be construed to require lows: this subsection, labor costs involved in final as- the application of chapter 15 of title 5 to any ‘‘§ 5324. Public transportation emergency re- sembly are not included in calculating the cost nonsupervisory employee of a public transpor- lief program of components. tation system (or any other agency or entity ‘‘(a) DEFINITION.—In this section the fol- ‘‘(5) WAIVER PROHIBITED.—The Secretary may performing related functions) to whom such not make a waiver under paragraph (2) of this chapter does not otherwise apply. lowing definitions shall apply: ‘‘(1) ELIGIBLE OPERATING COSTS.—The term subsection for goods produced in a foreign coun- ‘‘(m) PREAWARD AND POSTDELIVERY REVIEW ‘eligible operating costs’ means costs relating try if the Secretary, in consultation with the OF ROLLING STOCK PURCHASES.—The Secretary United States Trade Representative, decides shall prescribe regulations requiring a preaward to— that the government of that foreign country— and postdelivery review of a grant under this ‘‘(A) evacuation services; ‘‘(A) has an agreement with the United States chapter to buy rolling stock to ensure compli- ‘‘(B) rescue operations; Government under which the Secretary has ance with Government motor vehicle safety re- ‘‘(C) temporary public transportation service; waived the requirement of this subsection; and quirements, subsection (j) of this section, and or ‘‘(B) has violated the agreement by discrimi- bid specifications requirements of grant recipi- ‘‘(D) reestablishing, expanding, or relocating nating against goods to which this subsection ents under this chapter. Under this subsection, public transportation route service before, dur- applies that are produced in the United States independent inspections and review are re- ing, or after an emergency. ‘‘(2) EMERGENCY.—The term ‘emergency’ and to which the agreement applies. quired, and a manufacturer certification is not means a natural disaster affecting a wide area ‘‘(6) PENALTY FOR MISLABELING AND MIS- sufficient. Rolling stock procurements of 20 ve- (such as a flood, hurricane, tidal wave, earth- REPRESENTATION.—A person is ineligible under hicles or fewer made for the purpose of serving quake, severe storm, or landslide) or a cata- subpart 9.4 of the Federal Acquisition Regula- rural areas and urbanized areas with popu- strophic failure from any external cause, as a tion, or any successor thereto, to receive a con- lations of 200,000 or fewer shall be subject to the result of which— tract or subcontract made with amounts author- same requirements as established for procure- ‘‘(A) the Governor of a State has declared an ized under the Federal Public Transportation ments of 10 or fewer buses under the post-deliv- emergency and the Secretary has concurred; or Act of 2012 if a court or department, agency, or ery purchaser’s requirements certification proc- ‘‘(B) the President has declared a major dis- instrumentality of the Government decides the ess under section 663.37(c) of title 49, Code of aster under section 401 of the Robert T. Stafford person intentionally— Federal Regulations. Disaster Relief and Emergency Assistance Act ‘‘(A) affixed a ‘Made in America’ label, or a ‘‘(n) SUBMISSION OF CERTIFICATIONS.—A cer- label with an inscription having the same mean- tification required under this chapter and any (42 U.S.C. 5170). ing, to goods sold in or shipped to the United additional certification or assurance required by ‘‘(b) GENERAL AUTHORITY.—The Secretary States that are used in a project to which this law or regulation to be submitted to the Sec- may make grants and enter into contracts and subsection applies but not produced in the retary may be consolidated into a single docu- other agreements (including agreements with de- United States; or ment to be submitted annually as part of a partments, agencies, and instrumentalities of ‘‘(B) represented that goods described in sub- grant application under this chapter. The Sec- the Government) for— paragraph (A) of this paragraph were produced retary shall publish annually a list of all certifi- ‘‘(1) capital projects to protect, repair, recon- in the United States. cations required under this chapter with the struct, or replace equipment and facilities of a ‘‘(7) STATE REQUIREMENTS.—The Secretary publication required under section 5336(d)(2). public transportation system operating in the may not impose any limitation on assistance ‘‘(o) GRANT REQUIREMENTS.—The grant re- United States or on an Indian reservation that provided under this chapter that restricts a quirements under sections 5307, 5309, and 5337 the Secretary determines is in danger of suf- State from imposing more stringent requirements apply to any project under this chapter that re- fering serious damage, or has suffered serious than this subsection on the use of articles, mate- ceives any assistance or other financing under damage, as a result of an emergency; and rials, and supplies mined, produced, or manu- chapter 6 (other than section 609) of title 23. ‘‘(2) eligible operating costs of public transpor- factured in foreign countries in projects carried ‘‘(p) ALTERNATIVE FUELING FACILITIES.—A re- tation equipment and facilities in an area di- out with that assistance or restricts a recipient cipient of assistance under this chapter may rectly affected by an emergency during— of that assistance from complying with those allow the incidental use of federally funded al- ‘‘(A) the 1-year period beginning on the date State-imposed requirements. ternative fueling facilities and equipment by of a declaration described in subsection (a)(2); ‘‘(8) OPPORTUNITY TO CORRECT INADVERTENT nontransit public entities and private entities or ERROR.—The Secretary may allow a manufac- if— ‘‘(B) if the Secretary determines there is a turer or supplier of steel, iron, or manufactured ‘‘(1) the incidental use does not interfere with compelling need, the 2-year period beginning on goods to correct after bid opening any certifi- the recipient’s public transportation operations; the date of a declaration described in subsection cation of noncompliance or failure to properly ‘‘(2) all costs related to the incidental use are (a)(2). complete the certification (but not including fully recaptured by the recipient from the non- ‘‘(c) COORDINATION OF EMERGENCY FUNDS.— failure to sign the certification) under this sub- transit public entity or private entity; ‘‘(1) USE OF FUNDS.—Funds appropriated to section if such manufacturer or supplier attests ‘‘(3) the recipient uses revenues received from carry out this section shall be in addition to any under penalty of perjury that such manufac- the incidental use in excess of costs for plan- other funds available under this chapter. turer or supplier submitted an incorrect certifi- ning, capital, and operating expenses that are ‘‘(2) NO EFFECT ON OTHER GOVERNMENT ACTIV- cation as a result of an inadvertent or clerical incurred in providing public transportation; and ITY.—The provision of funds under this section error. The burden of establishing inadvertent or ‘‘(4) private entities pay all applicable excise shall not affect the ability of any other agency clerical error is on the manufacturer or supplier. taxes on fuel. of the Government, including the Federal Emer- ‘‘(9) ADMINISTRATIVE REVIEW.—A party ad- ‘‘(q) CORRIDOR PRESERVATION.— gency Management Agency, or a State agency, versely affected by an agency action under this ‘‘(1) IN GENERAL.—The Secretary may assist a a local governmental entity, organization, or subsection shall have the right to seek review recipient in acquiring right-of-way before the person, to provide any other funds otherwise under section 702 of title 5. completion of the environmental reviews for any authorized by law. ‘‘(k) PARTICIPATION OF GOVERNMENTAL AGEN- project that may use the right-of-way if the ac- ‘‘(3) NOTIFICATION.—The Secretary shall no- CIES IN DESIGN AND DELIVERY OF TRANSPOR- quisition is otherwise permitted under Federal tify the Secretary of Homeland Security of the TATION SERVICES.—Governmental agencies and law. The Secretary may establish restrictions on purpose and amount of any grant made or con- nonprofit organizations that receive assistance such an acquisition as the Secretary determines tract or other agreement entered into under this from Government sources (other than the De- to be necessary and appropriate. section. partment of Transportation) for nonemergency ‘‘(2) ENVIRONMENTAL REVIEWS.—Right-of-way ‘‘(d) GRANT REQUIREMENTS.—A grant award- transportation services shall— acquired under this subsection may not be deed under this section or under section 5307 or ‘‘(1) participate and coordinate with recipi- veloped in anticipation of the project until all 5311 that is made to address an emergency de- ents of assistance under this chapter in the de- required environmental reviews for the project fined under subsection (a)(2) shall be— sign and delivery of transportation services; and have been completed. ‘‘(1) subject to the terms and conditions the ‘‘(2) be included in the planning for those ‘‘(r) REASONABLE ACCESS TO PUBLIC TRANS- Secretary determines are necessary; and services. PORTATION FACILITIES.—A recipient of assist- ‘‘(2) made only for expenses that are not reim- ‘‘(l) RELATIONSHIP TO OTHER LAWS.— ance under this chapter may not deny reason- bursed under the Robert T. Stafford Disaster ‘‘(1) FRAUD AND FALSE STATEMENTS.—Section able access for a private intercity or charter Relief and Emergency Assistance Act (42 U.S.C. 1001 of title 18 applies to a certificate, submis- transportation operator to federally funded pub- 5121 et seq.). sion, or statement provided under this chapter. lic transportation facilities, including inter- ‘‘(e) GOVERNMENT SHARE OF COSTS.—

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‘‘(1) CAPITAL PROJECTS AND OPERATING ASSIST- (4) AFTER ACTION REVIEW.—Before entering cial or ethnic minority, female, an individual ANCE.—A grant, contract, or other agreement for into a memorandum of agreement under para- with a disability, or a former employee.’’. a capital project or eligible operating costs graph (2), the Secretary of Transportation and SEC. 20019. TRANSIT ASSET MANAGEMENT. under this section shall be, at the option of the the Secretary of Homeland Security (acting Section 5326 of title 49, United States Code, is recipient, for not more than 80 percent of the through the Administrator of the Federal Emer- amended to read as follows: net project cost, as determined by the Secretary. gency Management Agency), in consultation ‘‘§ 5326. Transit asset management ‘‘(2) NON-FEDERAL SHARE.—The remainder of with State, local, and tribal governments (in- ‘‘(a) DEFINITIONS.—In this section the fol- the net project cost may be provided from an un- cluding public transportation systems) that have lowing definitions shall apply: distributed cash surplus, a replacement or de- experienced a major disaster or emergency, shall ‘‘(1) CAPITAL ASSET.—The term ‘capital asset’ preciation cash fund or reserve, or new capital. review after action reports relating to major dis- includes equipment, rolling stock, infrastruc- ‘‘(3) WAIVER.—The Secretary may waive, in asters, emergencies, and exercises, to identify ture, and facilities for use in public transpor- whole or part, the non-Federal share required areas where coordination between the Depart- tation and owned or leased by a recipient or under— ment of Transportation and the Department of subrecipient of Federal financial assistance ‘‘(A) paragraph (2); or Homeland Security and the provision of public under this chapter. ‘‘(B) section 5307 or 5311, in the case of a transportation services should be improved. ‘‘(2) TRANSIT ASSET MANAGEMENT PLAN.—The grant made available under section 5307 or 5311, (5) FACTORS FOR DECLARATIONS OF MAJOR DIS- term ‘transit asset management plan’ means a respectively, to address an emergency.’’. ASTERS AND EMERGENCIES.—The Administrator plan developed by a recipient of funding under (b) MEMORANDUM OF AGREEMENT.— of the Federal Emergency Management Agency this chapter that— (1) PURPOSES.—The purposes of this sub- shall make available to State, local, and tribal ‘‘(A) includes, at a minimum, capital asset in- section are— governments, including public transportation ventories and condition assessments, decision (A) to improve coordination between the De- systems, a description of the factors that the support tools, and investment prioritization; and partment of Transportation and the Department President considers in declaring a major disaster ‘‘(B) the recipient certifies complies with the of Homeland Security; and or emergency, including any pre-disaster emer- rule issued under this section. (B) to expedite the provision of Federal assist- gency declaration policies. ‘‘(3) TRANSIT ASSET MANAGEMENT SYSTEM.— ance for public transportation systems for ac- (6) BRIEFINGS.— The term ‘transit asset management system’ tivities relating to a major disaster or emergency (A) INITIAL BRIEFING.—Not later than 180 means a strategic and systematic process of op- declared by the President under the Robert T. days after the date of enactment of this Act, the erating, maintaining, and improving public Stafford Disaster Relief and Emergency Assist- Secretary of Transportation and the Secretary transportation capital assets effectively ance Act (42 U.S.C. 5121 et seq.) (referred to in of Homeland Security shall jointly brief the throughout the life cycle of such assets. this subsection as a ‘‘major disaster or emer- Committee on Banking, Housing, and Urban Af- ‘‘(b) TRANSIT ASSET MANAGEMENT SYSTEM.— gency’’). fairs and the Committee on Homeland Security The Secretary shall establish and implement a (2) AGREEMENT.—Not later than 180 days after and Governmental Affairs of the Senate on the national transit asset management system, the date of enactment of this Act, the Secretary memorandum of agreement required under para- which shall include— ‘‘(1) a definition of the term ‘state of good re- of Transportation and the Secretary of Home- graph (2). pair’ that includes objective standards for meas- land Security shall enter into a memorandum of (B) QUARTERLY BRIEFINGS.—Each quarter of uring the condition of capital assets of recipi- agreement to coordinate the roles and respon- the 1-year period beginning on the date on ents, including equipment, rolling stock, infra- sibilities of the Department of Transportation which the Secretary of Transportation and the structure, and facilities; and the Department of Homeland Security in Secretary of Homeland Security enter into the providing assistance for public transportation, ‘‘(2) a requirement that recipients and sub- memorandum of agreement required under para- recipients of Federal financial assistance under including the provision of public transportation graph (2), the Secretary of Transportation and services and the repair and restoration of public this chapter develop a transit asset management the Secretary of Homeland Security shall jointly plan; transportation systems in areas for which the brief the Committee on Banking, Housing, and President has declared a major disaster or emer- ‘‘(3) a requirement that each designated re- Urban Affairs and the Committee on Homeland cipient of Federal financial assistance under gency. Security and Governmental Affairs of the Sen- (3) CONTENTS OF AGREEMENT.—The memo- this chapter report on the condition of the sys- ate on the implementation of the memorandum tem of the recipient and provide a description of randum of agreement required under paragraph of agreement. (2) shall— any change in condition since the last report; (A) provide for improved coordination and ex- SEC. 20018. CONTRACT REQUIREMENTS. ‘‘(4) an analytical process or decision support peditious use of public transportation, as appro- Section 5325 of title 49, United States Code, is tool for use by public transportation systems priate, in response to and recovery from a major amended— that— ‘‘(A) allows for the estimation of capital in- disaster or emergency; (1) in subsection (e), by striking paragraph (1) vestment needs of such systems over time; and (B) establish procedures to address— and inserting the following: ‘‘(B) assists with asset investment (i) issues that have contributed to delays in ‘‘(1) CONTRACTS.—A recipient procuring rolling stock with Government financial assistance prioritization by such systems; and the reimbursement of eligible transportation-re- ‘‘(5) technical assistance to recipients of Fed- lated expenses relating to a major disaster or under this chapter may make a multiyear contract to buy the rolling stock and replacement eral financial assistance under this chapter. emergency; ‘‘(c) PERFORMANCE MEASURES AND TARGETS.— parts under which the recipient has an option to (ii) any challenges identified in the review ‘‘(1) IN GENERAL.—Not later than 1 year after buy additional rolling stock or replacement under paragraph (4); and the date of enactment of the Federal Public parts for— (iii) the coordination of assistance for public Transportation Act of 2012, the Secretary shall ‘‘(A) not more than 5 years after the date of transportation provided under the Robert T. issue a final rule to establish performance meas- the original contract for bus procurements; and Stafford Disaster Relief and Emergency Assist- ures based on the state of good repair standards ‘‘(B) not more than 7 years after the date of ance Act and section 5324 of title 49, United established under subsection (b)(1). States Code, as amended by this Act, as appro- the original contract for rail procurements, pro- ‘‘(2) TARGETS.—Not later than 3 months after priate; and vided that such option does not allow for sig- the date on which the Secretary issues a final (C) provide for the development and distribu- nificant changes or alterations to the rolling rule under paragraph (1), and each fiscal year tion of clear guidelines for State, local, and trib- stock.’’. thereafter, each recipient of Federal financial al governments, including public transportation (2) in subsection (h), by striking ‘‘Federal assistance under this chapter shall establish systems, relating to— Public Transportation Act of 2005’’ and insert- performance targets in relation to the perform- (i) assistance available for public transpor- ing ‘‘Federal Public Transportation Act of ance measures established by the Secretary. tation systems for activities relating to a major 2012’’; ‘‘(3) REPORTS.—Each designated recipient of disaster or emergency— (3) in subsection (j)(2)(C), by striking ‘‘, in- Federal financial assistance under this chapter (I) under the Robert T. Stafford Disaster Re- cluding the performance reported in the Con- shall submit to the Secretary an annual report lief and Emergency Assistance Act; tractor Performance Assessment Reports re- that describes— (II) under section 5324 of title 49, United quired under section 5309(l)(2)’’; and ‘‘(A) the progress of the recipient during the States Code, as amended by this Act; and (4) by adding at the end the following: fiscal year to which the report relates toward (III) from other sources, including other Fed- ‘‘(k) VETERANS EMPLOYMENT.—Recipients and meeting the performance targets established eral agencies; and subrecipients of Federal financial assistance under paragraph (2) for that fiscal year; and (ii) reimbursement procedures that speed the under this chapter shall ensure that contractors ‘‘(B) the performance targets established by process of— working on a capital project funded using such the recipient for the subsequent fiscal year. (I) applying for assistance under the Robert assistance give a hiring preference, to the extent ‘‘(d) RULEMAKING.—Not later than 1 year T. Stafford Disaster Relief and Emergency As- practicable, to veterans (as defined in section after the date of enactment of the Federal Pub- sistance Act and section 5324 of title 49, United 2108 of title 5) who have the requisite skills and lic Transportation Act of 2012, the Secretary States Code, as amended by this Act; and abilities to perform the construction work re- shall issue a final rule to implement the transit (II) distributing assistance for public trans- quired under the contract. This subsection shall asset management system described in sub- portation systems under the Robert T. Stafford not be understood, construed or enforced in any section (b).’’. Disaster Relief and Emergency Assistance Act manner that would require an employer to give SEC. 20020. PROJECT MANAGEMENT OVERSIGHT. and section 5324 of title 49, United States Code, a preference to any veteran over any equally Section 5327 of title 49, United States Code, is as amended by this Act. qualified applicant who is a member of any ra- amended—

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00351 Fmt 4634 Sfmt 6333 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H4510 CONGRESSIONAL RECORD — HOUSE June 28, 2012 (1) in subsection (a)— Public Transportation Act of 2012, the Secretary ‘‘(B) adopts and enforces Federal and rel- (A) in the matter preceding paragraph (1), by shall establish interim provisions for the certifi- evant State laws on rail fixed guideway public striking ‘‘United States’’ and all that follows cation and training of the personnel described transportation safety; through ‘‘Secretary of Transportation’’ and in- in paragraph (1), which shall be in effect until ‘‘(C) establishes a State safety oversight agen- serting the following: ‘‘Federal financial assist- the effective date of the final rule issued by the cy; ance for a major capital project for public trans- Secretary to implement this subsection. ‘‘(D) determines, in consultation with the Sec- portation under this chapter or any other provi- ‘‘(d) PUBLIC TRANSPORTATION AGENCY SAFETY retary, an appropriate staffing level for the sion of Federal law, a recipient must prepare a PLAN.— State safety oversight agency that is commensu- project management plan approved by the Sec- ‘‘(1) IN GENERAL.—Effective 1 year after the rate with the number, size, and complexity of retary and carry out the project in accordance effective date of a final rule issued by the Sec- the rail fixed guideway public transportation with the project management plan’’; and retary to carry out this subsection, each recipi- systems in the eligible State; (B) in paragraph (12), by striking ‘‘each ent or State, as described in paragraph (3), shall ‘‘(E) requires that employees and other des- month’’ and inserting ‘‘quarterly’’; certify that the recipient or State has estab- ignated personnel of the eligible State safety (2) by striking subsections (c), (d), and (f); lished a comprehensive agency safety plan that oversight agency who are responsible for rail (3) by inserting after subsection (b) the fol- includes, at a minimum— fixed guideway public transportation safety lowing: ‘‘(A) a requirement that the board of directors oversight are qualified to perform such func- ‘‘(c) ACCESS TO SITES AND RECORDS.—Each re- (or equivalent entity) of the recipient approve tions through appropriate training, including cipient of Federal financial assistance for public the agency safety plan and any updates to the successful completion of the public transpor- transportation under this chapter or any other agency safety plan; tation safety certification training program es- provision of Federal law shall provide the Sec- ‘‘(B) methods for identifying and evaluating tablished under subsection (c); and retary and a contractor the Secretary chooses safety risks throughout all elements of the pub- ‘‘(F) prohibits any public transportation under section 5338(i) with access to the con- lic transportation system of the recipient; agency from providing funds to the State safety struction sites and records of the recipient when ‘‘(C) strategies to minimize the exposure of the oversight agency or an entity designated by the reasonably necessary.’’; public, personnel, and property to hazards and eligible State as the State safety oversight agen- (4) by redesignating subsection (e) as sub- unsafe conditions; cy under paragraph (4). section (d); and ‘‘(D) a process and timeline for conducting an ‘‘(4) STATE SAFETY OVERSIGHT AGENCY.— (5) in subsection (d), as so redesignated— annual review and update of the safety plan of ‘‘(A) IN GENERAL.—Each State safety over- (A) in paragraph (1), by striking ‘‘subsection the recipient; sight program shall establish a State safety (c) of this section’’ and inserting ‘‘section ‘‘(E) performance targets based on the safety oversight agency that— 5338(i)’’; and performance criteria and state of good repair ‘‘(i) is financially and legally independent (B) in paragraph (2)— standards established under subparagraphs (A) from any public transportation entity that the (i) by striking ‘‘preliminary engineering and (B), respectively, of subsection (b)(2); State safety oversight agency oversees; stage’’ and inserting ‘‘project development ‘‘(F) assignment of an adequately trained ‘‘(ii) does not directly provide public transpor- phase’’; and safety officer who reports directly to the general tation services in an area with a rail fixed (ii) by striking ‘‘another stage’’ and inserting manager, president, or equivalent officer of the guideway public transportation system subject ‘‘another phase’’. recipient; and to the requirements of this section; ‘‘(iii) does not employ any individual who is SEC. 20021. PUBLIC TRANSPORTATION SAFETY. ‘‘(G) a comprehensive staff training program also responsible for the administration of rail (a) PUBLIC TRANSPORTATION SAFETY PRO- for the operations personnel and personnel di- fixed guideway public transportation programs GRAM.—Section 5329 of title 49, United States rectly responsible for safety of the recipient that subject to the requirements of this section; Code, is amended to read as follows: includes— ‘‘(iv) has the authority to review, approve, ‘‘(i) the completion of a safety training pro- ‘‘§ 5329. Public transportation safety program oversee, and enforce the implementation by the gram; and ‘‘(a) DEFINITION.—In this section, the term rail fixed guideway public transportation agen- ‘‘(ii) continuing safety education and train- ‘recipient’ means a State or local governmental cy of the public transportation agency safety ing. authority, or any other operator of a public plan required under subsection (d); ‘‘(2) INTERIM AGENCY SAFETY PLAN.—A system transportation system, that receives financial ‘‘(v) has investigative and enforcement au- safety plan developed pursuant to part 659 of assistance under this chapter. thority with respect to the safety of rail fixed title 49, Code of Federal Regulations, as in effect ‘‘(b) NATIONAL PUBLIC TRANSPORTATION SAFE- guideway public transportation systems of the on the date of enactment of the Federal Public TY PLAN.— eligible State; ‘‘(1) IN GENERAL.—The Secretary shall create Transportation Act of 2012, shall remain in ef- ‘‘(vi) audits, at least once triennially, the and implement a national public transportation fect until such time as this subsection takes ef- compliance of the rail fixed guideway public safety plan to improve the safety of all public fect. transportation systems in the eligible State sub- ‘‘(3) PUBLIC TRANSPORTATION AGENCY SAFETY transportation systems that receive funding ject to this subsection with the public transpor- PLAN DRAFTING AND CERTIFICATION.— under this chapter. tation agency safety plan required under sub- ‘‘(A) SECTION 5311.—For a recipient receiving ‘‘(2) CONTENTS OF PLAN.—The national public section (d); and transportation safety plan under paragraph (1) assistance under section 5311, a State safety ‘‘(vii) provides, at least once annually, a sta- shall include— plan may be drafted and certified by the recipi- tus report on the safety of the rail fixed guide- ‘‘(A) safety performance criteria for all modes ent or a State. way public transportation systems the State of public transportation; ‘‘(B) SECTION 5307.—Not later than 120 days safety oversight agency oversees to— ‘‘(B) the definition of the term ‘state of good after the date of enactment of the Federal Pub- ‘‘(I) the Federal Transit Administration; repair’ established under section 5326(b); lic Transportation Act of 2012, the Secretary ‘‘(II) the Governor of the eligible State; and ‘‘(C) minimum safety performance standards shall issue a rule designating recipients of as- ‘‘(III) the board of directors, or equivalent en- for public transportation vehicles used in rev- sistance under section 5307 that are small public tity, of any rail fixed guideway public transpor- enue operations that— transportation providers or systems that may tation system that the State safety oversight ‘‘(i) do not apply to rolling stock otherwise have their State safety plans drafted or certified agency oversees. regulated by the Secretary or any other Federal by a State. ‘‘(B) WAIVER.—At the request of an eligible agency; and ‘‘(e) STATE SAFETY OVERSIGHT PROGRAM.— State, the Secretary may waive clauses (i) and ‘‘(ii) to the extent practicable, take into con- ‘‘(1) APPLICABILITY.—This subsection applies (iii) of subparagraph (A) for eligible States with sideration— only to eligible States. 1 or more rail fixed guideway systems in revenue ‘‘(I) relevant recommendations of the National ‘‘(2) DEFINITION.—In this subsection, the term operations, design, or construction, that— Transportation Safety Board; and ‘eligible State’ means a State that has— ‘‘(i) have fewer than 1,000,000 combined actual ‘‘(II) recommendations of, and best practices ‘‘(A) a rail fixed guideway public transpor- and projected rail fixed guideway revenue miles standards developed by, the public transportation system within the jurisdiction of the State per year; or tation industry; and that is not subject to regulation by the Federal ‘‘(ii) provide fewer than 10,000,000 combined ‘‘(D) a public transportation safety certifi- Railroad Administration; or actual and projected unlinked passenger trips cation training program, as described in sub- ‘‘(B) a rail fixed guideway public transpor- per year. section (c). tation system in the engineering or construction ‘‘(5) PROGRAMS FOR MULTI-STATE RAIL FIXED ‘‘(c) PUBLIC TRANSPORTATION SAFETY CER- phase of development within the jurisdiction of GUIDEWAY PUBLIC TRANSPORTATION SYSTEMS.— TIFICATION TRAINING PROGRAM.— the State that will not be subject to regulation An eligible State that has within the jurisdiction ‘‘(1) IN GENERAL.—The Secretary shall estab- by the Federal Railroad Administration. of the eligible State a rail fixed guideway public lish a public transportation safety certification ‘‘(3) IN GENERAL.—In order to obligate funds transportation system that operates in more training program for Federal and State employ- apportioned under section 5338 to carry out this than 1 eligible State shall— ees, or other designated personnel, who conduct chapter, effective 3 years after the date on ‘‘(A) jointly with all other eligible States in safety audits and examinations of public trans- which a final rule under this subsection becomes which the rail fixed guideway public transpor- portation systems and employees of public trans- effective, an eligible State shall have in effect a tation system operates, ensure uniform safety portation agencies directly responsible for safety State safety oversight program approved by the standards and enforcement procedures that oversight. Secretary under which the State— shall be in compliance with this section, and es- ‘‘(2) INTERIM PROVISIONS.—Not later than 90 ‘‘(A) assumes responsibility for overseeing rail tablish and implement a State safety oversight days after the date of enactment of the Federal fixed guideway public transportation safety; program approved by the Secretary; or

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‘‘(B) jointly with all other eligible States in ‘‘(D) FAILURE TO CORRECT.—If the Secretary the public transportation system of a recipient; which the rail fixed guideway public transpor- determines that a modification by an eligible and tation system operates, designate an entity hav- State of the State safety oversight program is ‘‘(7) issue rules to carry out this section. ing characteristics consistent with the charac- not sufficient to certify the program, the Sec- ‘‘(g) ENFORCEMENT ACTIONS.— teristics described in paragraph (3) to carry out retary— ‘‘(1) TYPES OF ENFORCEMENT ACTIONS.—The the State safety oversight program approved by ‘‘(i) shall notify the Governor of the eligible Secretary may take enforcement action against the Secretary. State of such denial of certification and failure an eligible State, as defined in subsection (e), ‘‘(6) GRANTS.— to adequately modify the program, and shall re- that does not comply with Federal law with re- ‘‘(A) IN GENERAL.—The Secretary shall make quest that the Governor take all possible actions spect to the safety of the public transportation grants to eligible States to develop or carry out to correct deficiencies in the program to ensure system, including— State safety oversight programs under this sub- the certification of the program; and ‘‘(A) issuing directives; section. Grant funds may be used for program ‘‘(ii) may— ‘‘(B) requiring more frequent oversight of the operational and administrative expenses, in- ‘‘(I) withhold funds available under para- recipient by a State safety oversight agency or cluding employee training activities. graph (6) in an amount determined by the Sec- the Secretary; ‘‘(B) APPORTIONMENT.— retary; ‘‘(C) imposing more frequent reporting re- ‘‘(i) FORMULA.—The amount made available ‘‘(II) withhold not more than 5 percent of the quirements; and for State safety oversight under section 5336(h) amount required to be appropriated for use in a ‘‘(D) requiring that any Federal financial as- shall be apportioned among eligible States under State or urbanized area in the State under sec- sistance provided under this chapter be spent on a formula to be established by the Secretary. tion 5307 of this title, until the State safety over- correcting safety deficiencies identified by the Such formula shall take into account fixed sight program has been certified; or Secretary or the State safety oversight agency guideway vehicle revenue miles, fixed guideway ‘‘(III) require fixed guideway public transpor- before such funds are spent on other projects. route miles, and fixed guideway vehicle pas- tation systems under such State safety oversight ‘‘(2) USE OR WITHHOLDING OF FUNDS.— ‘‘(A) IN GENERAL.—The Secretary may require senger miles attributable to all rail fixed guide- program to provide up to 100 percent of Federal the use of funds in accordance with paragraph way systems not subject to regulation by the assistance made available under this chapter (1)(D) only if the Secretary finds that a recipi- Federal Railroad Administration within each el- only for safety-related improvements on such ent is engaged in a pattern or practice of serious igible State. systems, until the State safety oversight program safety violations or has otherwise refused to ‘‘(ii) ADMINISTRATIVE REQUIREMENTS.—Grant has been certified. comply with Federal law relating to the safety funds apportioned to States under this para- ‘‘(8) EVALUATION OF PROGRAM AND ANNUAL of the public transportation system. graph shall be subject to uniform administrative REPORT.—The Secretary shall continually evalu- ‘‘(B) NOTICE.—Before withholding funds from requirements for grants and cooperative agree- ate the implementation of a State safety over- a recipient, the Secretary shall provide to the re- ments to State and local governments under part sight program by a State safety oversight agen- cipient— 18 of title 49, Code of Federal Regulations, and cy, and shall submit on or before July 1 of each ‘‘(i) written notice of a violation and the shall be subject to the requirements of this chap- year to the Committee on Banking, Housing, amount proposed to be withheld; and ter as the Secretary determines appropriate. and Urban Affairs of the Senate and the Com- ‘‘(ii) a reasonable period of time within which ‘‘(C) GOVERNMENT SHARE.— mittee on Transportation and Infrastructure of the recipient may address the violation or pro- ‘‘(i) IN GENERAL.—The Government share of the House of Representatives a report on— pose and initiate an alternative means of com- the reasonable cost of a State safety oversight ‘‘(A) the amount of funds apportioned to each pliance that the Secretary determines is accept- program developed or carried out using a grant eligible State; and able. under this paragraph shall be 80 percent. ‘‘(B) the certification status of each State ‘‘(h) COST-BENEFIT ANALYSIS.— ‘‘(ii) IN-KIND CONTRIBUTIONS.—Any calcula- safety oversight program, including what steps ‘‘(1) ANALYSIS REQUIRED.—In carrying out tion of the non-Government share of a State a State program that has been denied certifi- this section, the Secretary shall take into con- safety oversight program shall include in-kind cation must take in order to be certified. sideration the costs and benefits of each action contributions by an eligible State. ‘‘(9) FEDERAL OVERSIGHT.—The Secretary the Secretary proposes to take under this sec- ‘‘(iii) NON-GOVERNMENT SHARE.—The non- shall— tion. Government share of the cost of a State safety ‘‘(A) oversee the implementation of each State ‘‘(2) WAIVER.—The Secretary may waive the oversight program developed or carried out safety oversight program under this subsection; requirement under this subsection if the Sec- using a grant under this paragraph may not be ‘‘(B) audit the operations of each State safety retary determines that such a waiver is in the met by— oversight agency at least once triennially; and public interest. ‘‘(I) any Federal funds; ‘‘(C) issue rules to carry out this subsection. ‘‘(i) CONSULTATION BY THE SECRETARY OF ‘‘(II) any funds received from a public trans- ‘‘(f) AUTHORITY OF SECRETARY.—In carrying HOMELAND SECURITY.—The Secretary of Home- portation agency; or out this section, the Secretary may— land Security shall consult with the Secretary of ‘‘(III) any revenues earned by a public trans- ‘‘(1) conduct inspections, investigations, au- Transportation before the Secretary of Home- portation agency. dits, examinations, and testing of the equip- land Security issues a rule or order that the Sec- ‘‘(iv) SAFETY TRAINING PROGRAM.—Recipients ment, facilities, rolling stock, and operations of retary of Transportation determines affects the of funds made available to carry out sections the public transportation system of a recipient; safety of public transportation design, construc- 5307 and 5311 may use not more than 0.5 percent ‘‘(2) make reports and issue directives with re- tion, or operations. of their formula funds to pay not more than 80 spect to the safety of the public transportation ‘‘(j) ACTIONS UNDER STATE LAW.— percent of the cost of participation in the public system of a recipient; ‘‘(1) RULE OF CONSTRUCTION.—Nothing in this transportation safety certification training pro- ‘‘(3) in conjunction with an accident inves- section shall be construed to preempt an action gram established under subsection (c), by an em- tigation or an investigation into a pattern or under State law seeking damages for personal ployee of a State safety oversight agency or a practice of conduct that negatively affects pub- injury, death, or property damage alleging that recipient who is directly responsible for safety lic safety, issue a subpoena to, and take the a party has failed to comply with— oversight. deposition of, any employee of a recipient or a ‘‘(A) a Federal standard of care established by ‘‘(7) CERTIFICATION PROCESS.— State safety oversight agency, if— a regulation or order issued by the Secretary ‘‘(A) IN GENERAL.—Not later than 1 year after ‘‘(A) before the issuance of the subpoena, the under this section; or the date of enactment of the Federal Public Secretary requests a determination by the Attor- ‘‘(B) its own program, rule, or standard that Transportation Act of 2012, the Secretary shall ney General of the United States as to whether it created pursuant to a rule or order issued by determine whether or not each State safety over- the subpoena will interfere with an ongoing the Secretary. sight program meets the requirements of this criminal investigation; and ‘‘(2) EFFECTIVE DATE.—This subsection shall subsection and the State safety oversight pro- ‘‘(B) the Attorney General— apply to any cause of action under State law gram is adequate to promote the purposes of this ‘‘(i) determines that the subpoena will not arising from an event or activity occurring on or section. interfere with an ongoing criminal investiga- after the date of enactment of the Federal Pub- ‘‘(B) ISSUANCE OF CERTIFICATIONS AND DENI- tion; or lic Transportation Act of 2012. ALS.—The Secretary shall issue a certification to ‘‘(ii) fails to make a determination under ‘‘(3) JURISDICTION.—Nothing in this section each eligible State that the Secretary determines clause (i) before the date that is 30 days after shall be construed to create a cause of action under subparagraph (A) adequately meets the the date on which the Secretary makes a request under Federal law on behalf of an injured party requirements of this subsection, and shall issue under subparagraph (A); or confer Federal question jurisdiction for a a denial of certification to each eligible State ‘‘(4) require the production of documents by, State law cause of action. that the Secretary determines under subpara- and prescribe recordkeeping and reporting re- ‘‘(k) NATIONAL PUBLIC TRANSPORTATION SAFE- graph (A) does not adequately meet the require- quirements for, a recipient or a State safety TY REPORT.—Not later than 3 years after the ments of this subsection. oversight agency; date of enactment of the Federal Public Trans- ‘‘(C) DISAPPROVAL.—If the Secretary deter- ‘‘(5) investigate public transportation acci- portation Act of 2012, the Secretary shall submit mines that a State safety oversight program does dents and incidents and provide guidance to re- to the Committee on Banking, Housing, and not meet the requirements of this subsection and cipients regarding prevention of accidents and Urban Affairs of the Senate and the Committee denies certification, the Secretary shall transmit incidents; on Transportation and Infrastructure of the to the eligible State a written explanation and ‘‘(6) at reasonable times and in a reasonable House of Representatives a report that— allow the eligible State to modify and resubmit manner, enter and inspect equipment, facilities, ‘‘(1) analyzes public transportation safety the State safety oversight program for approval. rolling stock, operations, and relevant records of trends among the States and documents the

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00353 Fmt 4634 Sfmt 6333 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H4512 CONGRESSIONAL RECORD — HOUSE June 28, 2012 most effective safety programs implemented funded public transportation projects, programs, ‘‘(B) 50 percent of the total amount appor- using grants under this section; and and activities; tioned multiplied by a ratio for the area based ‘‘(2) describes the effect on public transpor- (B) recommendations for improvements if the on population weighted by a factor, established tation safety of activities carried out using Comptroller General determines that improve- by the Secretary, of the number of inhabitants grants under this section.’’. ments are necessary; and in each square mile; and (b) BUS SAFETY STUDY.— (C) information upon which the evaluation ‘‘(2) 90.68 percent shall be apportioned each (1) DEFINITION.—In this subsection, the term under paragraph (1) is based. fiscal year only in urbanized areas with popu- ‘‘highway route’’ means a route where 50 per- SEC. 20024. ADMINISTRATIVE PROVISIONS. lations of at least 200,000 as provided in sub- cent or more of the route is on roads having a Section 5334 of title 49, United States Code, is sections (b) and (c) of this section. speed limit of more than 45 miles per hour. amended— ‘‘(b) BASED ON FIXED GUIDEWAY VEHICLE (2) STUDY.—Not later than 180 days after the (1) in subsection (a)(1), by striking ‘‘under REVENUE MILES, DIRECTIONAL ROUTE MILES, date of enactment of this Act, the Secretary of sections 5307 and 5309–5311 of this title’’ and in- AND PASSENGER MILES.—(1) In this subsection, Transportation shall submit to the Committee on serting ‘‘that receives Federal financial assist- ‘fixed guideway vehicle revenue miles’ and Banking, Housing, and Urban Affairs of the ance under this chapter’’; ‘fixed guideway directional route miles’ include Senate and the Committee on Transportation (2) in subsection (b)(1)— passenger ferry operations directly or under and Infrastructure of the House of Representa- (A) by inserting after ‘‘emergency,’’ the fol- contract by the designated recipient. ‘‘(2) Of the amount apportioned under sub- tives a report that— lowing: ‘‘or for purposes of establishing and en- section (a)(2) of this section, 33.29 percent shall (A) examines the safety of public transpor- forcing a program to improve the safety of pub- tation buses that travel on highway routes; be apportioned as follows: lic transportation systems in the United States ‘‘(A) 95.61 percent of the total amount appor- (B) examines laws and regulations that apply as described in section 5329,’’; and tioned under this subsection shall be appor- to commercial over-the-road buses; and (B) by striking ‘‘chapter, nor may the Sec- tioned so that each urbanized area with a popu- (C) makes recommendations as to whether ad- retary’’ and inserting ‘‘chapter. The Secretary lation of at least 200,000 is entitled to receive an ditional safety measures should be required for may not’’; amount equal to— public transportation buses that travel on high- (3) in subsection (c)(4), by striking ‘‘section ‘‘(i) 60 percent of the 95.61 percent appor- way routes. (except subsection (i)) and sections 5318(e), tioned under this subparagraph multiplied by a SEC. 20022. ALCOHOL AND CONTROLLED SUB- 5323(a)(2), 5325(a), 5325(b), and 5325(f)’’ and in- ratio equal to the number of fixed guideway ve- STANCES TESTING. serting ‘‘subsection’’; hicle revenue miles attributable to the area, as Section 5331 of title 49, United States Code, is (4) in subsection (h)(3), by striking ‘‘another’’ established by the Secretary, divided by the amended by striking subsection (g) and inserting and inserting ‘‘any other’’; total number of all fixed guideway vehicle rev- the following: (5) in subsection (i)(1), by striking ‘‘title 23 enue miles attributable to all areas; and ‘‘(g) CONDITIONS ON FEDERAL ASSISTANCE.— shall’’ and inserting ‘‘title 23 may’’; ‘‘(ii) 40 percent of the 95.61 percent appor- ‘‘(1) INELIGIBILITY FOR ASSISTANCE.—A person (6) by striking subsection (j); and tioned under this subparagraph multiplied by a that receives funds under this chapter is not eli- (7) by redesignating subsections (k) and (l) as ratio equal to the number of fixed guideway di- gible for financial assistance under section 5307, subsections (j) and (k), respectively. rectional route miles attributable to the area, es- 5309, or 5311 of this title if the person is re- SEC. 20025. NATIONAL TRANSIT DATABASE. tablished by the Secretary, divided by the total quired, under regulations the Secretary pre- (a) AMENDMENTS.—Section 5335 of title 49, number of all fixed guideway directional route scribes under this section, to establish a program United States Code, is amended— miles attributable to all areas. of alcohol and controlled substances testing and (1) in subsection (a), by striking ‘‘public An urbanized area with a population of at least does not establish the program in accordance transportation financial and operating informa- 750,000 in which commuter rail transportation is with this section. tion’’ and inserting ‘‘public transportation fi- provided shall receive at least .75 percent of the ‘‘(2) ADDITIONAL REMEDIES.—If the Secretary nancial, operating, and asset condition informa- total amount apportioned under this subpara- determines that a person that receives funds tion’’; and graph. under this chapter is not in compliance with (2) by adding at the end the following: ‘‘(B) 4.39 percent of the total amount appor- regulations prescribed under this section, the ‘‘(c) DATA REQUIRED TO BE REPORTED.—The tioned under this subsection shall be appor- Secretary may bar the person from receiving recipient of a grant under this chapter shall re- tioned so that each urbanized area with a popu- Federal transit assistance in an amount the Sec- port to the Secretary, for inclusion in the Na- lation of at least 200,000 is entitled to receive an retary considers appropriate.’’. tional Transit Database, any information relat- amount equal to— ‘‘(i) the number of fixed guideway vehicle pas- SEC. 20023. NONDISCRIMINATION. ing to a transit asset inventory or condition assessment conducted by the recipient.’’. senger miles traveled multiplied by the number (a) AMENDMENTS.—Section 5332 of title 49, of fixed guideway vehicle passenger miles trav- United States Code, is amended— (b) DATA ACCURACY AND RELIABILITY.—The eled for each dollar of operating cost in an area; (1) in subsection (b)— Secretary shall— (1) develop and implement appropriate inter- divided by (A) by striking ‘‘creed’’ and inserting ‘‘reli- nal control activities to ensure that public ‘‘(ii) the total number of fixed guideway vehi- gion’’; and transportation safety incident data is reported cle passenger miles traveled multiplied by the (B) by inserting ‘‘disability,’’ after ‘‘sex,’’; accurately and reliably by public transportation total number of fixed guideway vehicle pas- and systems and State safety oversight agencies to senger miles traveled for each dollar of oper- (2) in subsection (d)(3), by striking ‘‘and’’ and the State Safety Oversight Rail Accident Data- ating cost in all areas. inserting ‘‘or’’. base; and An urbanized area with a population of at least (b) EVALUATION AND REPORT.— (2) report to the Committee on Banking, Hous- 750,000 in which commuter rail transportation is (1) EVALUATION.—The Comptroller General of ing, and Urban Affairs of the Senate and the provided shall receive at least .75 percent of the the United States shall evaluate the progress Committee on Transportation and Infrastruc- total amount apportioned under this subpara- and effectiveness of the Federal Transit Admin- ture of the House of Representatives within 1 graph. istration in assisting recipients of assistance year of enactment of the Federal Public Trans- ‘‘(C) Under subparagraph (A) of this para- under chapter 53 of title 49, United States Code, portation Act of 2012 on the steps taken to im- graph, fixed guideway vehicle revenue or direc- to comply with section 5332(b) of title 49, includ- prove the accuracy and reliability of public tional route miles, and passengers served on ing— transportation safety incident data reported to those miles, in an urbanized area with a popu- (A) by reviewing discrimination complaints, the State Safety Oversight Rail Accident Data- lation of less than 200,000, where the miles and reports, and other relevant information collected base. passengers served otherwise would be attrib- or prepared by the Federal Transit Administra- utable to an urbanized area with a population tion or recipients of assistance from the Federal SEC. 20026. APPORTIONMENT OF APPROPRIA- TIONS FOR FORMULA GRANTS. of at least 1,000,000 in an adjacent State, are at- Transit Administration pursuant to any appli- tributable to the governmental authority in the cable civil rights statute, regulation, or other re- Section 5336 of title 49, United States Code, is amended to read as follows: State in which the urbanized area with a popu- quirement; and lation of less than 200,000 is located. The au- (B) by reviewing the process that the Federal ‘‘§ 5336. Apportionment of appropriations for thority is deemed an urbanized area with a pop- Transit Administration uses to resolve discrimi- formula grants ulation of at least 200,000 if the authority makes nation complaints filed by members of the pub- ‘‘(a) BASED ON URBANIZED AREA POPU- a contract for the service. lic. LATION.—Of the amount apportioned under sub- ‘‘(D) A recipient’s apportionment under sub- (2) REPORT.—Not later than 1 year after the section (h)(4) to carry out section 5307— paragraph (A)(i) of this paragraph may not be date of enactment of this Act, the Comptroller ‘‘(1) 9.32 percent shall be apportioned each fis- reduced if the recipient, after satisfying the Sec- General shall submit to the Committee on Bank- cal year only in urbanized areas with a popu- retary that energy or operating efficiencies ing, Housing, and Urban Affairs of the Senate lation of less than 200,000 so that each of those would be achieved, reduces vehicle revenue and the Committee on Transportation and In- areas is entitled to receive an amount equal to— miles but provides the same frequency of rev- frastructure of the House of Representatives a ‘‘(A) 50 percent of the total amount appor- enue service to the same number of riders. report concerning the evaluation under para- tioned multiplied by a ratio equal to the popu- ‘‘(E) For purposes of subparagraph (A) and graph (1) that includes— lation of the area divided by the total popu- section 5337(c)(3), the Secretary shall deem to be (A) a description of the ability of the Federal lation of all urbanized areas with populations of attributable to an urbanized area not less than Transit Administration to address discrimina- less than 200,000 as shown in the most recent de- 22.27 percent of the fixed guideway vehicle rev- tion and foster equal opportunities in federally cennial census; and enue miles or fixed guideway directional route

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00354 Fmt 4634 Sfmt 6333 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE June 28, 2012 CONGRESSIONAL RECORD — HOUSE H4513 miles in the public transportation system of a relation of less than 200,000 an amount appor- be apportioned among eligible areas in the ratio cipient that are located outside the urbanized tioned under this section that is not apportioned that— area for which the recipient receives funds, in to a designated recipient, as defined in section ‘‘(i) the number of performance categories for addition to the fixed guideway vehicle revenue 5302(4). which each eligible area meets or exceeds the in- miles or fixed guideway directional route miles ‘‘(f) TRANSFERS OF APPORTIONMENTS.—(1) The dustry average in urbanized areas with a popu- of the recipient that are located inside the ur- Governor of a State may transfer any part of lation of at least 200,000 but not more than banized area. the State’s apportionment under subsection 999,999; bears to ‘‘(c) BASED ON BUS VEHICLE REVENUE MILES (a)(1) of this section to supplement amounts ap- ‘‘(ii) the aggregate number of performance AND PASSENGER MILES.—Of the amount appor- portioned to the State under section 5311(c)(3). categories for which all eligible areas meet or ex- tioned under subsection (a)(2) of this section, The Governor may make a transfer only after ceed the industry average in urbanized areas 66.71 percent shall be apportioned as follows: consulting with responsible local officials and with a population of at least 200,000 but not ‘‘(1) 90.8 percent of the total amount appor- publicly owned operators of public transpor- more than 999,999. tioned under this subsection shall be appor- tation in each area for which the amount origi- ‘‘(B) DATA USED IN FORMULA.—The Secretary tioned as follows: nally was apportioned under this section. shall calculate apportionments under this sub- ‘‘(A) 73.39 percent of the 90.8 percent appor- ‘‘(2) The Governor of a State may transfer any section for a fiscal year using data from the na- tioned under this paragraph shall be appor- part of the State’s apportionment under section tional transit database used to calculate apportioned so that each urbanized area with a popu- 5311(c)(3) to supplement amounts apportioned to tionments for that fiscal year under this section. lation of at least 1,000,000 is entitled to receive the State under subsection (a)(1) of this section. ‘‘(j) APPORTIONMENT FORMULA.—The amounts an amount equal to— ‘‘(3) The Governor of a State may use apportioned under subsection (h)(2) shall be ap- ‘‘(i) 50 percent of the 73.39 percent appor- throughout the State amounts of a State’s apportioned among urbanized areas as follows: tioned under this subparagraph multiplied by a portionment remaining available for obligation ‘‘(1) 75 percent of the funds shall be appor- ratio equal to the total bus vehicle revenue miles at the beginning of the 90-day period before the tioned among designated recipients for urban- operated in or directly serving the urbanized period of the availability of the amounts expires. ized areas with a population of 200,000 or more area divided by the total bus vehicle revenue ‘‘(4) A designated recipient for an urbanized in the ratio that— miles attributable to all areas; area with a population of at least 200,000 may ‘‘(A) the number of eligible low-income indi- ‘‘(ii) 25 percent of the 73.39 percent appor- transfer a part of its apportionment under this viduals in each such urbanized area; bears to tioned under this subparagraph multiplied by a section to the Governor of a State. The Governor ‘‘(B) the number of eligible low-income indi- ratio equal to the population of the area divided shall distribute the transferred amounts to ur- viduals in all such urbanized areas. by the total population of all areas, as shown in banized areas under this section. ‘‘(2) 25 percent of the funds shall be appor- the most recent decennial census; and ‘‘(5) Capital and operating assistance limita- tioned among designated recipients for urban- ‘‘(iii) 25 percent of the 73.39 percent appor- tions applicable to the original apportionment ized areas with a population of less than 200,000 tioned under this subparagraph multiplied by a apply to amounts transferred under this sub- in the ratio that— ratio for the area based on population weighted section. ‘‘(A) the number of eligible low-income indi- by a factor, established by the Secretary, of the ‘‘(g) PERIOD OF AVAILABILITY TO RECIPI- viduals in each such urbanized area; bears to number of inhabitants in each square mile. ENTS.—An amount apportioned under this sec- ‘‘(B) the number of eligible low-income indi- ‘‘(B) 26.61 percent of the 90.8 percent apportion may be obligated by the recipient for 5 viduals in all such urbanized areas.’’. tioned under this paragraph shall be appor- years after the fiscal year in which the amount SEC. 20027. STATE OF GOOD REPAIR GRANTS. tioned so that each urbanized area with a popu- is apportioned. Not later than 30 days after the Section 5337 of title 49, United States Code, is lation of at least 200,000 but not more than end of the 5-year period, an amount that is not amended to read as follows: 999,999 is entitled to receive an amount equal obligated at the end of that period shall be ‘‘§ 5337. State of good repair grants to— added to the amount that may be apportioned ‘‘(a) DEFINITIONS.—In this section, the fol- ‘‘(i) 50 percent of the 26.61 percent appor- under this section in the next fiscal year. lowing definitions shall apply: tioned under this subparagraph multiplied by a PPORTIONMENTS ‘‘(h) A .—Of the amounts made ‘‘(1) FIXED GUIDEWAY.—The term ‘fixed guide- ratio equal to the total bus vehicle revenue miles available for each fiscal year under section way’ means a public transportation facility— operated in or directly serving the urbanized 5338(a)(2)(C)— ‘‘(A) using and occupying a separate right-of- area divided by the total bus vehicle revenue ‘‘(1) $30,000,000 shall be set aside to carry out way for the exclusive use of public transpor- miles attributable to all areas; section 5307(h); tation; ‘‘(ii) 25 percent of the 26.61 percent appor- ‘‘(2) 3.07 percent shall be apportioned to ur- ‘‘(B) using rail; tioned under this subparagraph multiplied by a banized areas in accordance with subsection (j); ‘‘(C) using a fixed catenary system; ratio equal to the population of the area divided ‘‘(3) of amounts not apportioned under para- ‘‘(D) for a passenger ferry system; or by the total population of all areas, as shown by graphs (1) and (2), 1.5 percent shall be appor- ‘‘(E) for a bus rapid transit system. the most recent decennial census; and tioned to urbanized areas with populations of ‘‘(2) STATE.—The term ‘State’ means the 50 ‘‘(iii) 25 percent of the 26.61 percent appor- less than 200,000 in accordance with subsection States, the District of Columbia, and Puerto tioned under this subparagraph multiplied by a (i); Rico. ratio for the area based on population weighted ‘‘(4) 0.5 percent shall be apportioned to eligi- ‘‘(3) STATE OF GOOD REPAIR.—The term ‘state by a factor, established by the Secretary, of the ble States for State safety oversight program of good repair’ has the meaning given that term number of inhabitants in each square mile. grants in accordance with section 5329(e)(6); by the Secretary, by rule, under section 5326(b). ‘‘(2) 9.2 percent of the total amount appor- and ‘‘(4) TRANSIT ASSET MANAGEMENT PLAN.—The tioned under this subsection shall be appor- ‘‘(5) any amount not apportioned under para- term ‘transit asset management plan’ means a tioned so that each urbanized area with a popu- graphs (1), (2), (3), and (4) shall be apportioned plan developed by a recipient of funding under lation of at least 200,000 is entitled to receive an to urbanized areas in accordance with sub- this chapter that— amount equal to— sections (a) through (c). ‘‘(A) includes, at a minimum, capital asset in- ‘‘(A) the number of bus passenger miles trav- ‘‘(i) SMALL TRANSIT INTENSIVE CITIES FOR- ventories and condition assessments, decision eled multiplied by the number of bus passenger MULA.— support tools, and investment prioritization; and miles traveled for each dollar of operating cost ‘‘(1) DEFINITIONS.—In this subsection, the fol- ‘‘(B) the recipient certifies that the recipient in an area; divided by lowing definitions apply: complies with the rule issued under section ‘‘(B) the total number of bus passenger miles ‘‘(A) ELIGIBLE AREA.—The term ‘eligible area’ 5326(d). traveled multiplied by the total number of bus means an urbanized area with a population of ‘‘(b) GENERAL AUTHORITY.— passenger miles traveled for each dollar of oper- less than 200,000 that meets or exceeds in one or ‘‘(1) ELIGIBLE PROJECTS.—The Secretary may ating cost in all areas. more performance categories the industry aver- make grants under this section to assist State ‘‘(d) DATE OF APPORTIONMENT.—The Sec- age for all urbanized areas with a population of and local governmental authorities in financing retary shall— at least 200,000 but not more than 999,999, as de- capital projects to maintain public transpor- ‘‘(1) apportion amounts appropriated under termined by the Secretary in accordance with tation systems in a state of good repair, includ- section 5338(a)(2)(C) of this title to carry out subsection (c)(2). ing projects to replace and rehabilitate— section 5307 of this title not later than the 10th ‘‘(B) PERFORMANCE CATEGORY.—The term ‘‘(A) rolling stock; day after the date the amounts are appropriated ‘performance category’ means each of the fol- ‘‘(B) track; or October 1 of the fiscal year for which the lowing: ‘‘(C) line equipment and structures; amounts are appropriated, whichever is later; ‘‘(i) Passenger miles traveled per vehicle rev- ‘‘(D) signals and communications; and enue mile. ‘‘(E) power equipment and substations; ‘‘(2) publish apportionments of the amounts, ‘‘(ii) Passenger miles traveled per vehicle rev- ‘‘(F) passenger stations and terminals; including amounts attributable to each urban- enue hour. ‘‘(G) security equipment and systems; ized area with a population of more than 50,000 ‘‘(iii) Vehicle revenue miles per capita. ‘‘(H) maintenance facilities and equipment; and amounts attributable to each State of a ‘‘(iv) Vehicle revenue hours per capita. ‘‘(I) operational support equipment, including multistate urbanized area, on the apportionment ‘‘(v) Passenger miles traveled per capita. computer hardware and software; date. ‘‘(vi) Passengers per capita. ‘‘(J) development and implementation of a ‘‘(e) AMOUNTS NOT APPORTIONED TO DES- ‘‘(2) APPORTIONMENT.— transit asset management plan; and IGNATED RECIPIENTS.—The Governor of a State ‘‘(A) APPORTIONMENT FORMULA.—The amount ‘‘(K) other replacement and rehabilitation may expend in an urbanized area with a popu- to be apportioned under subsection (h)(3) shall projects the Secretary determines appropriate.

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‘‘(2) INCLUSION IN PLAN.—A recipient shall in- Transportation Equity Act for the 21st Century able to provide financial assistance for services clude a project carried out under paragraph (1) (Public Law 105–178; 112 Stat. 366) shall receive for the enhanced mobility of seniors and indi- in the transit asset management plan of the re- an individual apportionment under this sub- viduals with disabilities under section 5310; cipient upon completion of the plan. section. ‘‘(E) $599,500,000 for fiscal year 2013 and ‘‘(c) HIGH INTENSITY FIXED GUIDEWAY STATE ‘‘(7) APPORTIONMENT REQUIREMENTS.—For $607,800,000 for fiscal year 2014 shall be avail- OF GOOD REPAIR FORMULA.— purposes of determining the number of fixed able to provide financial assistance for rural ‘‘(1) IN GENERAL.—Of the amount authorized guideway vehicle revenue miles or fixed guide- areas under section 5311, of which not less than or made available under section 5338(a)(2)(I), way directional route miles attributable to an $30,000,000 for fiscal year 2013 and $30,000,000 97.15 percent shall be apportioned to recipients urbanized area for a fiscal year under this sub- for fiscal year 2014 shall be available to carry in accordance with this subsection. section, only segments of fixed guideway sys- out section 5311(c)(1) and $20,000,000 for fiscal ‘‘(2) AREA SHARE.— tems placed in revenue service not later than 7 year 2013 and $20,000,000 for fiscal year 2014 ‘‘(A) IN GENERAL.—50 percent of the amount years before the first day of the fiscal year shall shall be available to carry out section 5311(c)(2); described in paragraph (1) shall be apportioned be deemed to be attributable to an urbanized ‘‘(F) $3,000,000 for each of fiscal years 2013 for fixed guideway systems in accordance with area. and 2014 shall be available for bus testing under this paragraph. ‘‘(d) HIGH INTENSITY MOTORBUS STATE OF section 5318; ‘‘(B) SHARE.—A recipient shall receive an GOOD REPAIR.— ‘‘(G) $5,000,000 for each of fiscal years 2013 amount equal to the amount described in sub- ‘‘(1) DEFINITION.—For purposes of this sub- and 2014 shall be available for the national paragraph (A), multiplied by the amount the re- section, the term ‘high intensity motorbus’ transit institute under section 5322(d); cipient would have received under this section, means public transportation that is provided on ‘‘(H) $3,850,000 for each of fiscal years 2013 as in effect for fiscal year 2011, if the amount a facility with access for other high-occupancy and 2014 shall be available to carry out section had been calculated in accordance with section vehicles. 5335; 5336(b)(1) and using the definition of the term ‘‘(2) APPORTIONMENT.—Of the amount author- ‘‘(I) $2,136,300,000 for fiscal year 2013 and ‘fixed guideway’ under subsection (a) of this ized or made available under section $2,165,900,000 for fiscal year 2014 shall be avail- section, as such sections are in effect on the day 5338(a)(2)(I), 2.85 percent shall be apportioned able to carry out section 5337; after the date of enactment of the Federal Pub- to urbanized areas for high intensity motorbus ‘‘(J) $422,000,000 for fiscal year 2013 and lic Transportation Act of 2012, and divided by state of good repair in accordance with this sub- $427,800,000 for fiscal year 2014 shall be avail- the total amount apportioned for all areas section. able for the bus and bus facilities program under this section for fiscal year 2011. ‘‘(3) VEHICLE REVENUE MILES AND DIREC- under section 5339; and ‘‘(C) RECIPIENT.—For purposes of this para- TIONAL ROUTE MILES.— ‘‘(K) $518,700,000 for fiscal year 2013 and graph, the term ‘recipient’ means an entity that ‘‘(A) IN GENERAL.—The amount described in $525,900,000 for fiscal year 2014 shall be allo- received funding under this section, as in effect paragraph (2) shall be apportioned to each area cated in accordance with section 5340 to provide for fiscal year 2011. in accordance with this paragraph. financial assistance for urbanized areas under ‘‘(3) VEHICLE REVENUE MILES AND DIREC- ‘‘(B) VEHICLE REVENUE MILES.—Each area section 5307 and rural areas under section 5311. TIONAL ROUTE MILES.— shall receive an amount equal to 60 percent of ‘‘(b) RESEARCH, DEVELOPMENT DEMONSTRA- ‘‘(A) IN GENERAL.—50 percent of the amount the amount described in subparagraph (A), mul- TION AND DEPLOYMENT PROJECTS.—There are described in paragraph (1) shall be apportioned tiplied by the number of high intensity motorbus authorized to be appropriated to carry out sec- to recipients in accordance with this paragraph. vehicle revenue miles attributable to the area, as tion 5312, $70,000,000 for fiscal year 2013 and ‘‘(B) VEHICLE REVENUE MILES.—A recipient in established by the Secretary, divided by the $70,000,000 for fiscal year 2014. an urbanized area shall receive an amount total number of all high intensity motorbus ve- ‘‘(c) TRANSIT COOPERATIVE RESEARCH PRO- equal to 60 percent of the amount described in hicle revenue miles attributable to all areas. GRAM.—There are authorized to be appropriated subparagraph (A), multiplied by the number of ‘‘(C) DIRECTIONAL ROUTE MILES.—Each area to carry out section 5313, $7,000,000 for fiscal fixed guideway vehicle revenue miles attrib- shall receive an amount equal to 40 percent of year 2013 and $7,000,000 for fiscal year 2014. utable to the urbanized area, as established by the amount described in subparagraph (A), mul- ‘‘(d) TECHNICAL ASSISTANCE AND STANDARDS the Secretary, divided by the total number of all tiplied by the number of high intensity motorbus DEVELOPMENT.—There are authorized to be ap- fixed guideway vehicle revenue miles attrib- directional route miles attributable to the area, propriated to carry out section 5314, $7,000,000 utable to all urbanized areas. as established by the Secretary, divided by the for fiscal year 2013 and $7,000,000 for fiscal year ‘‘(C) DIRECTIONAL ROUTE MILES.—A recipient total number of all high intensity motorbus di- 2014. in an urbanized area shall receive an amount rectional route miles attributable to all areas. ‘‘(e) HUMAN RESOURCES AND TRAINING.—There equal to 40 percent of the amount described in ‘‘(4) APPORTIONMENT REQUIREMENTS.—For are authorized to be appropriated to carry out subparagraph (A), multiplied by the number of purposes of determining the number of high in- subsections (a), (b), (c), and (e) of section 5322, fixed guideway directional route miles attrib- tensity motorbus vehicle revenue miles or high $5,000,000 for fiscal year 2013 and $5,000,000 for utable to the urbanized area, as established by intensity motorbus directional route miles attrib- fiscal year 2014. the Secretary, divided by the total number of all utable to an urbanized area for a fiscal year ‘‘(f) EMERGENCY RELIEF PROGRAM.—There are fixed guideway directional route miles attrib- under this subsection, only segments of high in- authorized to be appropriated such sums as are utable to all urbanized areas. tensity motorbus systems placed in revenue serv- necessary to carry out section 5324. ‘‘(4) LIMITATION.— ice not later than 7 years before the first day of ‘‘(g) CAPITAL INVESTMENT GRANTS.—There are ‘‘(A) IN GENERAL.—Except as provided in sub- the fiscal year shall be deemed to be attributable authorized to be appropriated to carry out sec- paragraph (B), the share of the total amount to an urbanized area.’’. tion 5309, $1,907,000,000 for fiscal year 2013 and apportioned under this subsection that is appor- SEC. 20028. AUTHORIZATIONS. $1,907,000,000 for fiscal year 2014. tioned to an area under this subsection shall not ‘‘(h) ADMINISTRATION.— Section 5338 of title 49, United States Code, is decrease by more than 0.25 percentage points ‘‘(1) IN GENERAL.—There are authorized to be amended to read as follows: compared to the share apportioned to the area appropriated to carry out section 5334, under this subsection in the previous fiscal year. ‘‘§ 5338. Authorizations $104,000,000 for fiscal year 2013 and $104,000,000 ‘‘(B) SPECIAL RULE FOR FISCAL YEAR 2013.—In ‘‘(a) FORMULA GRANTS.— for fiscal year 2014. fiscal year 2013, the share of the total amount ‘‘(1) IN GENERAL.—There shall be available ‘‘(2) SECTION 5329.—Of the amounts authorized apportioned under this subsection that is appor- from the Mass Transit Account of the Highway to be appropriated under paragraph (1), not less tioned to an area under this subsection shall not Trust Fund to carry out sections 5305, 5307, than $5,000,000 shall be available to carry out decrease by more than 0.25 percentage points 5310, 5311, 5318, 5322(d), 5335, 5337, 5339, and section 5329. compared to the share that would have been ap- 5340, and section 20005(b) of the Federal Public ‘‘(3) SECTION 5326.—Of the amounts made portioned to the area under this section, as in Transportation Act of 2012, $8,478,000,000 for fis- available under paragraph (2), not less than effect for fiscal year 2011, if the share had been cal year 2013 and $8,595,000,000 for fiscal year $1,000,000 shall be available to carry out section calculated using the definition of the term ‘fixed 2014. 5326. guideway’ under subsection (a) of this section, ‘‘(2) ALLOCATION OF FUNDS.—Of the amounts ‘‘(i) OVERSIGHT.— as in effect on the day after the date of enact- made available under paragraph (1)— ‘‘(1) IN GENERAL.—Of the amounts made avail- ment of the Federal Public Transportation Act ‘‘(A) $126,900,000 for fiscal year 2013 and able to carry out this chapter for a fiscal year, of 2012. $128,800,000 for fiscal year 2014 shall be avail- the Secretary may use not more than the fol- ‘‘(5) USE OF FUNDS.—Amounts made available able to carry out section 5305; lowing amounts for the activities described in under this subsection shall be available for the ‘‘(B) $10,000,000 for each of fiscal years 2013 paragraph (2): exclusive use of fixed guideway projects. and 2014 shall be available to carry out section ‘‘(A) 0.5 percent of amounts made available to ‘‘(6) RECEIVING APPORTIONMENT.— 20005(b) of the Federal Public Transportation carry out section 5305. ‘‘(A) IN GENERAL.—Except as provided in sub- Act of 2012; ‘‘(B) 0.75 percent of amounts made available paragraph (B), for an area with a fixed guide- ‘‘(C) $4,397,950,000 for fiscal year 2013 and to carry out section 5307. way system, the amounts provided under this $4,458,650,000 for fiscal year 2014 shall be allo- ‘‘(C) 1 percent of amounts made available to subsection shall be apportioned to the des- cated in accordance with section 5336 to provide carry out section 5309. ignated recipient for the urbanized area in financial assistance for urbanized areas under ‘‘(D) 1 percent of amounts made available to which the system operates. section 5307; carry out section 601 of the Passenger Rail In- ‘‘(B) EXCEPTION.—An area described in the ‘‘(D) $254,800,000 for fiscal year 2013 and vestment and Improvement Act of 2008 (Public amendment made by section 3028(a) of the $258,300,000 for fiscal year 2014 shall be avail- Law 110–432; 126 Stat. 4968).

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‘‘(E) 0.5 percent of amounts made available to ‘‘(1) TRANSFER FLEXIBILITY FOR NATIONAL DIS- (e) SECTION 5330.—Effective 3 years after the carry out section 5310. TRIBUTION FUNDS.—The Governor of a State effective date of the final rules issued by the ‘‘(F) 0.5 percent of amounts made available to may transfer any part of the State’s apportion- Secretary of Transportation under section carry out section 5311. ment under subsection (d)(1) to supplement 5329(e) of title 49, United States Code, as amend- ‘‘(G) 0.75 percent of amounts made available amounts apportioned to the State under section ed by this division, section 5330 of title 49, to carry out section 5337(c). 5311(c) of this title or amounts apportioned to United States Code, is repealed. ‘‘(2) ACTIVITIES.—The activities described in urbanized areas under subsections (a) and (c) of (f) SECTION 5331.—Section 5331 of title 49, this paragraph are as follows: section 5336 of this title. United States Code, is amended by striking ‘‘(A) Activities to oversee the construction of a ‘‘(2) TRANSFER FLEXIBILITY FOR POPULATION ‘‘Secretary of Transportation’’ each place that major capital project. AND SERVICE FACTORS FUNDS.—The Governor of term appears and inserting ‘‘Secretary’’. ‘‘(B) Activities to review and audit the safety a State may expend in an urbanized area with (g) SECTION 5332.—Section 5332(c)(1) of title and security, procurement, management, and fi- a population of less than 200,000 any amounts 49, United States Code, is amended by striking nancial compliance of a recipient or subrecipient apportioned under subsection (d)(2) that are not ‘‘of Transportation’’. of funds under this chapter. allocated to designated recipients in urbanized (h) SECTION 5333.—Section 5333(a) of title 49, ‘‘(C) Activities to provide technical assistance areas with a population of 200,000 or more. United States Code, is amended by striking ‘‘sec- generally, and to provide technical assistance to ‘‘(f) GOVERNMENT’S SHARE OF COSTS.— tions 3141–3144’’ and inserting ‘‘sections 3141 correct deficiencies identified in compliance re- ‘‘(1) CAPITAL PROJECTS.—A grant for a capital through 3144’’. views and audits carried out under this section. project under this section shall be for 80 percent (i) SECTION 5334.—Section 5334 of title 49, ‘‘(3) GOVERNMENT SHARE OF COSTS.—The Gov- of the net capital costs of the project. A recipi- United States Code, is amended— ernment shall pay the entire cost of carrying out ent of a grant under this section may provide (1) in subsection (c)— a contract under this subsection. additional local matching amounts. (A) by striking ‘‘Secretary of Transportation’’ ‘‘(4) AVAILABILITY OF CERTAIN FUNDS.—Funds ‘‘(2) REMAINING COSTS.—The remainder of the each place that term appears and inserting made available under paragraph (1)(C) shall be net project cost shall be provided— ‘‘Secretary’’; and made available to the Secretary before allo- ‘‘(A) in cash from non-Government sources (B) in paragraph (1), by striking ‘‘Committees cating the funds appropriated to carry out any other than revenues from providing public on Transportation and Infrastructure and Ap- project under a full funding grant agreement. transportation services; propriations of the House of Representatives ‘‘(B) from revenues derived from the sale of ‘‘(j) GRANTS AS CONTRACTUAL OBLIGATIONS.— and the Committees on Banking, Housing, and advertising and concessions; ‘‘(1) GRANTS FINANCED FROM HIGHWAY TRUST Urban Affairs and Appropriations of the Sen- ‘‘(C) from an undistributed cash surplus, a re- FUND.—A grant or contract that is approved by ate’’ and inserting ‘‘Committee on Banking, placement or depreciation cash fund or reserve, the Secretary and financed with amounts made Housing, and Urban Affairs and the Committee or new capital; or available from the Mass Transit Account of the on Appropriations of the Senate and the Com- Highway Trust Fund pursuant to this section is ‘‘(D) from amounts received under a service agreement with a State or local social service mittee on Transportation and Infrastructure a contractual obligation of the Government to and the Committee on Appropriations of the pay the Government share of the cost of the agency or private social service organization. ‘‘(g) PERIOD OF AVAILABILITY TO RECIPI- House of Representatives’’; project. ENTS.—Amounts made available under this sec- (2) in subsection (d), by striking ‘‘of Transpor- ‘‘(2) GRANTS FINANCED FROM GENERAL FUND.— tion may be obligated by a recipient for 3 years tation’’; A grant or contract that is approved by the Sec- after the fiscal year in which the amount is ap- (3) in subsection (e), by striking ‘‘of Transpor- retary and financed with amounts appropriated portioned. Not later than 30 days after the end tation’’; in advance from the General Fund of the Treas- of the 3-year period described in the preceding (4) in subsection (f), by striking ‘‘of Transpor- ury pursuant to this section is a contractual ob- sentence, any amount that is not obligated on tation’’; ligation of the Government to pay the Govern- the last day of that period shall be added to the (5) in subsection (g), in the matter preceding ment share of the cost of the project only to the amount that may be apportioned under this sec- paragraph (1)— extent that amounts are appropriated for such tion in the next fiscal year. (A) by striking ‘‘of Transportation’’; and purpose by an Act of Congress. ‘‘(h) DEFINITIONS.—For purposes of this sec- (B) by striking ‘‘subsection (a)(3) or (4) of this ‘‘(k) AVAILABILITY OF AMOUNTS.—Amounts tion: section’’ and inserting ‘‘paragraph (3) or (4) of made available by or appropriated under this ‘‘(1) The term ‘State’ means a State of the subsection (a)’’; section shall remain available until expended.’’. United States. (6) in subsection (h)— SEC. 20029. BUS AND BUS FACILITIES FORMULA ‘‘(2) The term ‘territory’ means the District of (A) in paragraph (1), in the matter preceding GRANTS. Columbia, Puerto Rico, the Northern Mariana subparagraph (A), by striking ‘‘of Transpor- (a) IN GENERAL.—Section 5339 of title 49, Islands, Guam, American Samoa, and the tation’’; and United States Code, is amended to read as fol- United States Virgin Islands.’’. (B) in paragraph (2), by striking ‘‘of this sec- lows: SEC. 20030. TECHNICAL AND CONFORMING tion’’; ‘‘§ 5339. Bus and bus facilities formula grants AMENDMENTS. (7) in subsection (i)(1), by striking ‘‘of Trans- ‘‘(a) GENERAL AUTHORITY.—The Secretary (a) SECTION 5305.—Section 5305 of title 49, portation’’; and may make grants under this section to assist eli- United States Code, is amended— (8) in subsection (j), as so redesignated by sec- gible recipients described in subsection (c)(1) in (1) in subsection (e)(1)(A), by striking ‘‘section 20025 of this division, by striking ‘‘Commit- financing capital projects— tions 5304, 5306, 5315, and 5322’’ and inserting tees on Banking, Housing, and Urban Affairs ‘‘(1) to replace, rehabilitate, and purchase ‘‘section 5304 and 5306’’; and Appropriations of the Senate and Commit- (2) in subsection (f)— buses and related equipment; and tees on Transportation and Infrastructure and (A) in the heading, by striking ‘‘GOVERN- ‘‘(2) to construct bus-related facilities. Appropriations of the House of Representatives’’ MENT’S’’ and inserting ‘‘GOVERNMENT’’; and and inserting ‘‘Committee on Banking, Housing, ‘‘(b) GRANT REQUIREMENTS.—The require- (B) by striking ‘‘Government’s’’ and inserting ments of section 5307 apply to recipients of and Urban Affairs and the Committee on Appro- ‘‘Government’’; and priations of the Senate and the Committee on grants made under this section. (3) in subsection (g), by striking ‘‘section ‘‘(c) ELIGIBLE RECIPIENTS AND SUBRECIPI- Transportation and Infrastructure and the 5338(c) for fiscal years 2005 through 2012’’ and Committee on Appropriations of the House of ENTS.— inserting ‘‘section 5338(a)(2)(A) for a fiscal ‘‘(1) RECIPIENTS.—Eligible recipients under Representatives’’. year’’. (j) SECTION 5335.—Section 5335(a) of title 49, this section are designated recipients that oper- (b) SECTION 5313.—Section 5313(a) of title 49, ate fixed route bus service or that allocate fund- United States Code, is amended by striking ‘‘of United States Code, is amended— Transportation’’. ing to fixed route bus operators. (1) in the first sentence, by striking ‘‘sub- (k) ANALYSIS.—The analysis for chapter 53 of ‘‘(2) SUBRECIPIENTS.—A designated recipient sections (a)(5)(C)(iii) and (d)(1) of section 5338’’ that receives a grant under this section may al- title 49, United States Code, is amended to read and inserting section ‘‘5338(c)’’; and as follows: locate amounts of the grant to subrecipients (2) in the second sentence, by striking ‘‘of that are public agencies or private nonprofit or- Transportation’’. ‘‘Sec. ganizations engaged in public transportation. (c) SECTION 5319.—Section 5319 of title 49, ‘‘5301. Policies and purposes. ‘‘(d) DISTRIBUTION OF GRANT FUNDS.—Funds United States Code, is amended, in the second ‘‘5302. Definitions. allocated under section 5338(a)(2)(J) shall be dis- sentence— ‘‘5303. Metropolitan transportation planning. tributed as follows: (1) by striking ‘‘sections 5307(e), 5309(h), and ‘‘5304. Statewide and nonmetropolitan transpor- ‘‘(1) NATIONAL DISTRIBUTION.—$65,500,000 5311(g) of this title’’ and inserting ‘‘sections tation planning. shall be allocated to all States and territories, 5307(d), 5309(l), and 5311(g)’’; and ‘‘5305. Planning programs. with each State receiving $1,250,000 and each (2) by striking ‘‘of the United States’’ and in- ‘‘5306. Private enterprise participation in metro- territory receiving $500,000. serting ‘‘made by the’’. politan planning and transpor- ‘‘(2) DISTRIBUTION USING POPULATION AND (d) SECTION 5325.—Section 5325(b)(2)(A) of tation improvement programs and SERVICE FACTORS.—The remainder of the funds title 49, United States Code, is amended by strik- relationship to other limitations. not otherwise distributed under paragraph (1) ing ‘‘title 48, Code of Federal Regulations (com- ‘‘5307. Urbanized area formula grants. shall be allocated pursuant to the formula set monly known as the Federal Acquisition Regu- ‘‘[5308. Repealed.] forth in section 5336 other than subsection (b). lation)’’ and inserting ‘‘the Federal Acquisition ‘‘5309. Fixed guideway capital investment ‘‘(e) TRANSFERS OF APPORTIONMENTS.— Regulation, or any successor thereto’’. grants.

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00357 Fmt 4634 Sfmt 6343 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H4516 CONGRESSIONAL RECORD — HOUSE June 28, 2012 ‘‘5310. Formula grants for the enhanced mobility tion in carrying out chapter 4 of title 23, United ‘‘(ii) driver testing to determine proficiency to of seniors and individuals with States Code, and this subtitle— operate motor vehicles; and disabilities. (A) $25,500,000 for fiscal year 2013; and ‘‘(iii) driver examinations (physical, mental, ‘‘5311. Formula grants for rural areas. (B) $25,500,000 for fiscal year 2014. and driver licensing); ‘‘5312. Research, development, demonstration, (b) PROHIBITION ON OTHER USES.—Except as ‘‘(C) improve pedestrian performance and bi- and deployment projects. otherwise provided in chapter 4 of title 23, cycle safety; ‘‘5313. Transit cooperative research program. United States Code, in this subtitle, and in the ‘‘(D) include provisions for— ‘‘5314. Technical assistance and standards de- amendments made by this subtitle, the amounts ‘‘(i) an effective record system of accidents velopment. made available from the Highway Trust Fund (including resulting injuries and deaths); ‘‘5315. Private sector participation. (other than the Mass Transit Account) for a ‘‘(ii) accident investigations to determine the ‘‘[5316. Repealed.] program under such chapter— probable causes of accidents, injuries, and ‘‘[5317. Repealed.] (1) shall only be used to carry out such pro- deaths; ‘‘5318. Bus testing facility. gram; and ‘‘(iii) vehicle registration, operation, and in- ‘‘5319. Bicycle facilities. (2) may not be used by States or local govern- spection; and ‘‘[5320. Repealed.] ments for construction purposes. ‘‘(iv) emergency services; and ‘‘(E) to the extent determined appropriate by ‘‘5321. Crime prevention and security. (c) APPLICABILITY OF TITLE 23.—Except as the Secretary, are applicable to federally admin- ‘‘5322. Human resources and training. otherwise provided in chapter 4 of title 23, istered areas where a Federal department or ‘‘5323. General provisions. United States Code, and in this subtitle, agency controls the highways or supervises traf- ‘‘5324. Public transportation emergency relief amounts made available under subsection (a) for fic operations.’’. program. fiscal years 2013 and 2014 shall be available for (b) ADMINISTRATION OF STATE PROGRAMS.— ‘‘5325. Contract requirements. obligation in the same manner as if such funds ‘‘5326. Transit asset management. Section 402(b) of title 23, United States Code, is were apportioned under chapter 1 of title 23, amended— ‘‘5327. Project management oversight. United States Code. ‘‘[5328. Repealed.] (1) in paragraph (1)— (d) REGULATORY AUTHORITY.—Grants award- (A) in subparagraph (D), by striking ‘‘and’’ at ‘‘5329. Public transportation safety program. ed under this subtitle shall be in accordance the end; ‘‘5330. State safety oversight. with regulations issued by the Secretary. (B) by redesignating subparagraph (E) as sub- ‘‘5331. Alcohol and controlled substances test- (e) STATE MATCHING REQUIREMENTS.—If a paragraph (F); ing. grant awarded under this subtitle requires a (C) by inserting after subparagraph (D) the ‘‘5332. Nondiscrimination. State to share in the cost, the aggregate of all following: ‘‘5333. Labor standards. expenditures for highway safety activities made ‘‘(E) beginning on the first day of the first fis- ‘‘5334. Administrative provisions. during any fiscal year by the State and its polit- cal year after the date of enactment of the ‘‘5335. National transit database. ical subdivisions (exclusive of Federal funds) for Motor Vehicle and Highway Safety Improve- ‘‘5336. Apportionment of appropriations for for- carrying out the grant (other than planning ment Act of 2012 in which a State submits its mula grants. and administration) shall be available for the highway safety plan under subsection (f), pro- ‘‘5337. State of good repair grants. purpose of crediting the State during such fiscal vide for a data-driven traffic safety enforcement ‘‘5338. Authorizations. year for the non-Federal share of the cost of program to prevent traffic violations, crashes, ‘‘5339. Bus and bus facilities formula grants. any project under this subtitle (other than plan- and crash fatalities and injuries in areas most ‘‘5340. Apportionments based on growing States ning or administration) without regard to at risk for such incidents, to the satisfaction of and high density States formula whether such expenditures were actually made the Secretary;’’; and factors.’’. in connection with such project. (D) in subparagraph (F), as redesignated— DIVISION C—TRANSPORTATION SAFETY (f) GRANT APPLICATION AND DEADLINE.—To (i) in clause (i), by inserting ‘‘and high-visi- AND SURFACE TRANSPORTATION POLICY receive a grant under this subtitle, a State shall bility law enforcement mobilizations coordinated TITLE I—MOTOR VEHICLE AND HIGHWAY submit an application, and the Secretary shall by the Secretary’’ after ‘‘mobilizations’’; SAFETY IMPROVEMENT ACT OF 2012 establish a single deadline for such applications (ii) in clause (iii), by striking ‘‘and’’ at the to enable the award of grants early in the next end; SEC. 31001. SHORT TITLE. fiscal year. (iii) in clause (iv), by striking the period at This title may be cited as the ‘‘Motor Vehicle SEC. 31102. HIGHWAY SAFETY PROGRAMS. the end and inserting ‘‘; and’’; and and Highway Safety Improvement Act of 2012’’ (iv) by adding at the end the following: or ‘‘Mariah’s Act’’. (a) PROGRAMS INCLUDED.—Section 402(a) of title 23, United States Code, is amended to read ‘‘(v) ensuring that the State will coordinate its SEC. 31002. DEFINITION. as follows: highway safety plan, data collection, and infor- In this title, the term ‘‘Secretary’’ means the mation systems with the State strategic highway ‘‘(a) PROGRAM REQUIRED.— Secretary of Transportation. safety plan (as defined in section 148(a)).’’; and ‘‘(1) IN GENERAL.—Each State shall have a (2) by striking paragraph (3). Subtitle A—Highway Safety highway safety program, approved by the Sec- (c) APPROVED HIGHWAY SAFETY PROGRAMS.— retary, that is designed to reduce traffic acci- SEC. 31101. AUTHORIZATION OF APPROPRIA- Section 402(c) of title 23, United States Code, is TIONS. dents and the resulting deaths, injuries, and amended— (a) IN GENERAL.—The following sums are au- property damage. (1) by striking ‘‘(c) Funds authorized’’ and in- thorized to be appropriated out of the Highway ‘‘(2) UNIFORM GUIDELINES.—Programs re- serting the following: Trust Fund (other than the Mass Transit Ac- quired under paragraph (1) shall comply with ‘‘(c) USE OF FUNDS.— count): uniform guidelines, promulgated by the Sec- ‘‘(1) IN GENERAL.—Funds authorized’’; (1) HIGHWAY SAFETY PROGRAMS.—For carrying retary and expressed in terms of performance (2) by striking ‘‘Such funds’’ and inserting the out section 402 of title 23, United States Code— criteria, that— following: (A) $235,000,000 for fiscal year 2013; and ‘‘(A) include programs— ‘‘(2) APPORTIONMENT.—Except for amounts (B) $235,000,000 for fiscal year 2014. ‘‘(i) to reduce injuries and deaths resulting identified in section 403(f), funds described in (2) HIGHWAY SAFETY RESEARCH AND DEVELOP- from motor vehicles being driven in excess of paragraph (1)’’; MENT.—For carrying out section 403 of title 23, posted speed limits; (3) by striking ‘‘The Secretary shall not’’ and United States Code— ‘‘(ii) to encourage the proper use of occupant all that follows through ‘‘subsection, a highway (A) $110,500,000 for fiscal year 2013; and protection devices (including the use of safety safety program’’ and inserting ‘‘A highway (B) $113,500,000 for fiscal year 2014. belts and child restraint systems) by occupants safety program’’; (3) NATIONAL PRIORITY SAFETY PROGRAMS.— of motor vehicles; (4) by inserting ‘‘A State may use the funds For carrying out section 405 of title 23, United ‘‘(iii) to reduce injuries and deaths resulting apportioned under this section, in cooperation States Code— from persons driving motor vehicles while im- with neighboring States, for highway safety (A) $265,000,000 for fiscal year 2013; and paired by alcohol or a controlled substance; programs or related projects that may confer (B) $272,000,000 for fiscal year 2014. ‘‘(iv) to prevent accidents and reduce injuries benefits on such neighboring States.’’ after ‘‘in (4) NATIONAL DRIVER REGISTER.—For the Na- and deaths resulting from accidents involving every State.’’; tional Highway Traffic Safety Administration to motor vehicles and motorcycles; (5) by striking ‘‘50 per centum’’ and inserting carry out chapter 303 of title 49, United States ‘‘(v) to reduce injuries and deaths resulting ‘‘20 percent’’; and Code— from accidents involving school buses; (6) by striking ‘‘The Secretary shall promptly’’ (A) $5,000,000 for fiscal year 2013; and ‘‘(vi) to reduce accidents resulting from unsafe and all that follows and inserting the following: (B) $5,000,000 for fiscal year 2014. driving behavior (including aggressive or fa- ‘‘(3) REAPPORTIONMENT.—The Secretary shall (5) HIGH VISIBILITY ENFORCEMENT PROGRAM.— tigued driving and distracted driving arising promptly apportion the funds withheld from a For carrying out section 2009 of SAFETEA–LU from the use of electronic devices in vehicles); State’s apportionment to the State if the Sec- (23 U.S.C. 402 note)— and retary approves the State’s highway safety pro- (A) $29,000,000 for fiscal year 2013; and ‘‘(vii) to improve law enforcement services in gram or determines that the State has begun im- (B) $29,000,000 for fiscal year 2014. motor vehicle accident prevention, traffic super- plementing an approved program, as appro- (6) ADMINISTRATIVE EXPENSES.—For adminis- vision, and post-accident procedures; priate, not later than July 31st of the fiscal year trative and related operating expenses of the ‘‘(B) improve driver performance, including— for which the funds were withheld. If the Sec- National Highway Traffic Safety Administra- ‘‘(i) driver education; retary determines that the State did not correct

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00358 Fmt 4634 Sfmt 6333 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE June 28, 2012 CONGRESSIONAL RECORD — HOUSE H4517 its failure within such period, the Secretary ‘‘(E) for the fiscal year preceding the fiscal ‘‘(B) may include— shall reapportion the withheld funds to the year to which the plan applies, a report on the ‘‘(i) working with student-led groups and other States in accordance with the formula State’s success in meeting State safety goals and school advisors to plan and implement teen traf- specified in paragraph (2) not later than the last performance targets set forth in the previous fic safety programs; day of the fiscal year. year’s highway safety plan; and ‘‘(ii) providing subgrants to schools through- ‘‘(4) AUTOMATED TRAFFIC ENFORCEMENT SYS- ‘‘(F) an application for any additional grants out the State to support the establishment and TEMS.— available to the State under this chapter. expansion of student groups focused on teen ‘‘(A) PROHIBITION.—A State may not expend ‘‘(4) PERFORMANCE MEASURES.—For the first traffic safety; funds apportioned to that State under this sec- highway safety plan submitted under this sub- ‘‘(iii) providing support, training, and tech- tion to carry out a program to purchase, oper- section, the performance measures required by nical assistance to establish and expand school ate, or maintain an automated traffic enforce- the Secretary under paragraph (2)(A) shall be and community safety programs for teen drivers; ment system. limited to those developed by the National High- ‘‘(iv) creating statewide or regional websites to ‘‘(B) AUTOMATED TRAFFIC ENFORCEMENT SYS- way Traffic Safety Administration and the Gov- publicize and circulate information on teen safe- TEM DEFINED.—In this paragraph, the term ernor’s Highway Safety Association and de- ty programs; ‘automated traffic enforcement system’ means scribed in the report, ‘Traffic Safety Perform- ‘‘(v) conducting outreach and providing edu- any camera which captures an image of a vehi- ance Measures for States and Federal Agencies’ cational resources for parents; cle for the purposes only of red light and speed (DOT HS 811 025). For subsequent highway ‘‘(vi) establishing State or regional advisory enforcement, and does not include hand held safety plans, the Secretary shall coordinate with councils comprised of teen drivers to provide radar and other devices operated by law en- the Governor’s Highway Safety Association in input and recommendations to the governor and forcement officers to make an on-the-scene traf- making revisions to the set of required perform- the governor’s safety representative on issues re- fic stop, issue a traffic citation, or other enforce- ance measures. lated to the safety of teen drivers; ment action at the time of the violation.’’. ‘‘(5) REVIEW OF HIGHWAY SAFETY PLANS.— ‘‘(vii) collaborating with law enforcement; (d) USE OF HIGHWAY SAFETY PROGRAM ‘‘(A) IN GENERAL.—Not later than 60 days and FUNDS.—Section 402(g) of title 23, United States after the date on which a State’s highway safe- ‘‘(viii) establishing partnerships and pro- Code, is amended to read as follows: ty plan is received by the Secretary, the Sec- moting coordination among community stake- ‘‘(g) SAVINGS PROVISION.— retary shall review and approve or disapprove holders, including public, not-for-profit, and for ‘‘(1) IN GENERAL.—Except as provided under the plan. profit entities.’’. paragraph (2), nothing in this section may be ‘‘(B) APPROVALS AND DISAPPROVALS.— (h) BIENNIAL REPORT TO CONGRESS.—Section construed to authorize the appropriation or ex- ‘‘(i) APPROVALS.—The Secretary shall approve 402 of title 23, United States Code, as amended penditure of funds for— a State’s highway safety plan if the Secretary by this section, is further amended by adding at ‘‘(A) highway construction, maintenance, or determines that— the end the following: design (other than design of safety features of ‘‘(I) the plan and the performance targets ‘‘(n) BIENNIAL REPORT TO CONGRESS.—Not highways to be incorporated into guidelines); or contained in the plan are evidence-based and later than October 1, 2015, and biennially there- ‘‘(B) any purpose for which funds are author- supported by data; and after, the Secretary shall submit a report to the ized under section 403. ‘‘(II) the plan, once implemented, will allow Committee on Transportation and Infrastruc- ‘‘(2) DEMONSTRATION PROJECTS.—A State may the State to meet the State’s performance tar- ture of the House of Representatives and the use funds made available to carry out this sec- gets. Committee on Commerce, Science, and Transpor- tion to assist in demonstration projects carried ‘‘(ii) DISAPPROVALS.—The Secretary shall dis- tation of the Senate that contains— out by the Secretary under section 403.’’. approve a State’s highway safety plan if the ‘‘(1) an evaluation of each State’s perform- (e) IN GENERAL.—Section 402 of title 23, Secretary determines that— ance with respect to the State’s highway safety United States Code, is amended— ‘‘(I) the plan and the performance targets plan under subsection (k) and performance tar- (1) by striking subsections (k) and (m); contained in the plan are not evidence-based or gets set by the States in such plans; and (2) by redesignating subsections (i) and (j) as supported by data; or ‘‘(2) such recommendations as the Secretary subsections (h) and (i), respectively; and ‘‘(II) the plan does not provide for program- may have for improvements to activities carried (3) by redesignating subsection (l) as sub- ming of funding in a manner sufficient to allow out under subsection (k).’’. section (j). the State to meet the State’s performance tar- SEC. 31103. HIGHWAY SAFETY RESEARCH AND DE- (f) HIGHWAY SAFETY PLAN AND REPORTING RE- gets. VELOPMENT. QUIREMENTS.—Section 402 of title 23, United ‘‘(C) ACTIONS UPON DISAPPROVAL.—If the Sec- Section 403 of title 23, United States Code, is States Code, as amended by this section, is fur- retary disapproves a State’s highway safety amended— ther amended by adding at the end the fol- plan, the Secretary shall— (1) by striking subsections (a) through (f) and lowing: ‘‘(i) inform the State of the reasons for such inserting the following: ‘‘(k) HIGHWAY SAFETY PLAN AND REPORTING disapproval; and ‘‘(a) DEFINED TERM.—In this section, the term REQUIREMENTS.— ‘‘(ii) require the State to resubmit the plan ‘Federal laboratory’ includes— ‘‘(1) IN GENERAL.—With respect to fiscal year with any modifications that the Secretary deter- ‘‘(1) a government-owned, government-oper- 2014, and each fiscal year thereafter, the Sec- mines to be necessary. ated laboratory; and retary shall require each State, as a condition of ‘‘(D) REVIEW OF RESUBMITTED PLANS.—If the ‘‘(2) a government-owned, contractor-operated the approval of the State’s highway safety pro- Secretary requires a State to resubmit a high- laboratory. gram for that fiscal year, to develop and submit way safety plan, with modifications, the Sec- ‘‘(b) GENERAL AUTHORITY.— to the Secretary for approval a highway safety retary shall review and approve or disapprove ‘‘(1) RESEARCH AND DEVELOPMENT ACTIVI- plan that complies with the requirements under the modified plan not later than 30 days after TIES.—The Secretary may conduct research and this subsection. the date on which the Secretary receives such development activities, including demonstration ‘‘(2) TIMING.—Each State shall submit to the plan. projects and the collection and analysis of high- Secretary the highway safety plan not later ‘‘(E) PUBLIC NOTICE.—A State shall make the way and motor vehicle safety data and related than July 1st of the fiscal year preceding the fis- State’s highway safety plan, and decisions of information needed to carry out this section, cal year to which the plan applies. the Secretary concerning approval or dis- with respect to— ‘‘(3) CONTENTS.—State highway safety plans approval of a revised plan, available to the pub- ‘‘(A) all aspects of highway and traffic safety submitted under paragraph (1) shall include— lic.’’. systems and conditions relating to— ‘‘(A) performance measures required by the (g) TEEN TRAFFIC SAFETY PROGRAM.—Section ‘‘(i) vehicle, highway, driver, passenger, mo- Secretary or otherwise necessary to support ad- 402 of title 23, United States Code, as amended torcyclist, bicyclist, and pedestrian characteris- ditional State safety goals, including— by this section, is further amended by adding at tics; ‘‘(i) documentation of current safety levels for the end the following: ‘‘(ii) accident causation and investigations; each performance measure; ‘‘(m) TEEN TRAFFIC SAFETY.— ‘‘(iii) communications; and ‘‘(ii) quantifiable annual performance targets ‘‘(1) IN GENERAL.—Subject to the requirements ‘‘(iv) emergency medical services, including for each performance measure; and of a State’s highway safety plan, as approved the transportation of the injured; ‘‘(iii) a justification for each performance tar- by the Secretary under subsection (k), a State ‘‘(B) human behavioral factors and their ef- get, that explains why each target is appro- may use a portion of the amounts received fect on highway and traffic safety, including— priate and evidence-based; under this section to implement statewide efforts ‘‘(i) driver education; ‘‘(B) a strategy for programming funds appor- to improve traffic safety for teen drivers. ‘‘(ii) impaired driving; and tioned to the State under this section on projects ‘‘(2) USE OF FUNDS.—Statewide efforts under ‘‘(iii) distracted driving; and activities that will allow the State to meet paragraph (1)— ‘‘(C) an evaluation of the effectiveness of the performance targets described in subpara- ‘‘(A) shall include peer-to-peer education and countermeasures to increase highway and traf- graph (A); prevention strategies in schools and commu- fic safety, including occupant protection and ‘‘(C) data and data analysis supporting the nities designed to— alcohol- and drug-impaired driving technologies effectiveness of proposed countermeasures; ‘‘(i) increase safety belt use; and initiatives; ‘‘(D) a description of any Federal, State, ‘‘(ii) reduce speeding; ‘‘(D) the development of technologies to detect local, or private funds that the State plans to ‘‘(iii) reduce impaired and distracted driving; drug impaired drivers; use, in addition to funds apportioned to the ‘‘(iv) reduce underage drinking; and ‘‘(E) research on, evaluations of, and identi- State under this section, to carry out the strat- ‘‘(v) reduce other behaviors by teen drivers fication of best practices related to driver edu- egy described in subparagraph (B); that lead to injuries and fatalities; and cation programs (including driver education

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curricula, instructor training and certification, ‘‘(2) ADMINISTRATION.—The program estab- tion system improvements (as described in sub- program administration, and delivery mecha- lished under paragraph (1)— section (c)). nisms) and make recommendations for harmo- ‘‘(A) shall be administered by the Adminis- ‘‘(C) IMPAIRED DRIVING COUNTERMEASURES.— nizing driver education and multistage grad- trator of the National Highway Traffic Safety 52.5 percent of the funds provided under this uated licensing systems; and Administration; and section in each fiscal year shall be allocated ‘‘(F) the effect of State laws on any aspects, ‘‘(B) shall be jointly managed by the Gov- among States that meet the requirements of the activities, or programs described in subpara- ernors Highway Safety Association and the Na- impaired driving countermeasures (as described graphs (A) through (E). tional Highway Traffic Safety Administration.’’; in subsection (d)). ‘‘(2) COOPERATION, GRANTS, AND CONTRACTS.— and ‘‘(D) DISTRACTED DRIVING.—8.5 percent of the The Secretary may carry out this section— (2) by adding at the end the following: funds provided under this section in each fiscal ‘‘(A) independently; ‘‘(h) IN-VEHICLE ALCOHOL DETECTION DEVICE year shall be allocated among States that adopt ‘‘(B) in cooperation with other Federal de- RESEARCH.— and implement effective laws to reduce dis- partments, agencies, and instrumentalities and ‘‘(1) IN GENERAL.—The Administrator of the tracted driving (as described in subsection (e)). Federal laboratories; National Highway Traffic Safety Administra- ‘‘(E) MOTORCYCLIST SAFETY.—1.5 percent of ‘‘(C) by entering into contracts, cooperative tion may carry out a collaborative research ef- the funds provided under this section in each agreements, and other transactions with the Na- fort under chapter 301 of title 49 on in-vehicle fiscal year shall be allocated among States that tional Academy of Sciences, any Federal labora- technology to prevent alcohol-impaired driving. implement motorcyclist safety programs (as de- tory, State or local agency, authority, associa- ‘‘(2) FUNDING.—Funds provided under section scribed in subsection (f)). tion, institution, or person (as defined in chap- 405 may be made to be used by the Secretary to ‘‘(F) STATE GRADUATED DRIVER LICENSING ter 1 of title 1); or conduct the research described in paragraph (1). LAWS.—5 percent of the funds provided under ‘‘(D) by making grants to the National Acad- ‘‘(3) PRIVACY PROTECTION.—If the Adminis- this section in each fiscal year shall be allocated emy of Sciences, any Federal laboratory, State trator utilizes the authority under paragraph among States that adopt and implement grad- or local agency, authority, association, institu- (1), the Administrator shall not develop require- uated driver licensing laws (as described in sub- tion, or person (as defined in chapter 1 of title ments for any device or means of technology to section (g)). 1). be installed in an automobile intended for retail ‘‘(G) TRANSFERS.—Notwithstanding subpara- ‘‘(c) COLLABORATIVE RESEARCH AND DEVELOP- sale that records a driver’s blood alcohol con- graphs (A) through (F), the Secretary may re- MENT.— allocate, before the last day of any fiscal year, ‘‘(1) IN GENERAL.—To encourage innovative centration. any amounts remaining available to carry out solutions to highway safety problems, stimulate ‘‘(4) REPORTS.—If the Administrator conducts any of the activities described in subsections (b) voluntary improvements in highway safety, and the research authorized under paragraph (1), through (g) to increase the amount made avail- stimulate the marketing of new highway safety the Administrator shall submit an annual report able to carry out any of the other activities de- related technology by private industry, the Sec- to the Committee on Commerce, Science, and scribed in such subsections, or the amount made retary is authorized to carry out, on a cost- Transportation of the Senate, the Committee on available under section 402, in order to ensure, shared basis, collaborative research and devel- Transportation and Infrastructure of the House to the maximum extent possible, that all such opment with— of Representatives, and Committee on Science, amounts are obligated during such fiscal year. ‘‘(A) non-Federal entities, including State and Space, and Technology of the House of Rep- resentatives that— ‘‘(H) MAINTENANCE OF EFFORT.— local governments, colleges, universities, cor- ‘‘(i) REQUIREMENTS.—No grant may be made porations, partnerships, sole proprietorships, or- ‘‘(A) describes the progress made in carrying out the collaborative research effort; and to a State in any fiscal year under subsection ganizations, and trade associations that are in- (b), (c), or (d) unless the State enters into such corporated or established under the laws of any ‘‘(B) includes an accounting for the use of Federal funds obligated or expended in carrying agreements with the Secretary as the Secretary State or the United States; and may require to ensure that the State will main- ‘‘(B) Federal laboratories. out that effort. tain its aggregate expenditures from all State ‘‘(2) AGREEMENTS.—In carrying out this sub- ‘‘(5) DEFINITIONS.—In this subsection: and local sources for programs described in section, the Secretary may enter into coopera- ‘‘(A) ALCOHOL-IMPAIRED DRIVING.—The term those sections at or above the average level of tive research and development agreements (as ‘alcohol-impaired driving’ means the operation such expenditures in its 2 fiscal years preceding defined in section 12 of the Stevenson-Wydler of a motor vehicle (as defined in section the date of enactment of the Motor Vehicle and Technology Innovation Act of 1980 (15 U.S.C. 30102(a)(6) of title 49) by an individual whose Highway Safety Improvement Act of 2012. 3710a)) in which the Secretary provides not more blood alcohol content is at or above the legal ‘‘(ii) WAIVER.—Upon the request of a State, than 50 percent of the cost of any research or limit. the Secretary may waive or modify the require- development project under this subsection. ‘‘(B) LEGAL LIMIT.—The term ‘legal limit’ ments under clause (i) for not more than 1 fiscal ‘‘(3) USE OF TECHNOLOGY.—The research, de- means a blood alcohol concentration of 0.08 per- year if the Secretary determines that such a velopment, or use of any technology pursuant to cent or greater (as set forth in section 163(a)) or waiver would be equitable due to exceptional or an agreement under this subsection, including such other percentage limitation as may be es- uncontrollable circumstances. the terms under which technology may be li- tablished by applicable Federal, State, or local ‘‘(2) OTHER PRIORITY PROGRAMS.—Funds pro- censed and the resulting royalties may be dis- law.’’. vided under this section in each fiscal year may tributed, shall be subject to the provisions of the SEC. 31104. NATIONAL DRIVER REGISTER. be used for research into technology to prevent Stevenson-Wydler Technology Innovation Act of Section 30302(b) of title 49, United States alcohol-impaired driving (as described in sub- 1980 (15 U.S.C. 3701 et seq.). Code, is amended by adding at the end the fol- section 403(h)). ‘‘(d) TITLE TO EQUIPMENT.—In furtherance of lowing: ‘‘The Secretary shall make continual ‘‘(b) OCCUPANT PROTECTION GRANTS.— the purposes set forth in section 402, the Sec- improvements to modernize the Register’s data ‘‘(1) GENERAL AUTHORITY.—Subject to the re- retary may vest title to equipment purchased for processing system.’’. quirements under this subsection, the Secretary demonstration projects with funds authorized SEC. 31105. NATIONAL PRIORITY SAFETY PRO- of Transportation shall award grants to States under this section to State or local agencies on GRAMS. that adopt and implement effective occupant such terms and conditions as the Secretary de- (a) IN GENERAL.—Section 405 of title 23, protection programs to reduce highway deaths termines to be appropriate. United States Code, is amended to read as fol- and injuries resulting from individuals riding ‘‘(e) PROHIBITION ON CERTAIN DISCLOSURES.— lows: unrestrained or improperly restrained in motor Any report of the National Highway Traffic ‘‘§ 405. National priority safety programs vehicles. Safety Administration, or of any officer, em- ‘‘(2) FEDERAL SHARE.—The Federal share of ‘‘(a) GENERAL AUTHORITY.—Subject to the re- ployee, or contractor of the National Highway the costs of activities funded using amounts quirements of this section, the Secretary of Traffic Safety Administration, relating to any from grants awarded under this subsection may Transportation shall manage programs to ad- highway traffic accident or the investigation of not exceed 80 percent for each fiscal year for dress national priorities for reducing highway such accident conducted pursuant to this chap- which a State receives a grant. ter or chapter 301 may only be made available to deaths and injuries. Funds shall be allocated ‘‘(3) ELIGIBILITY.— the public in a manner that does not identify in- according to the priorities set forth in para- ‘‘(A) HIGH SEAT BELT USE RATE.—A State with dividuals. graphs (1) and (2). an observed seat belt use rate of 90 percent or ‘‘(f) COOPERATIVE RESEARCH AND EVALUA- ‘‘(1) GRANTS TO STATES.— higher, based on the most recent data from a TION.— ‘‘(A) OCCUPANT PROTECTION.—16 percent of survey that conforms with national criteria es- ‘‘(1) ESTABLISHMENT AND FUNDING.—Notwith- the funds provided under this section in each tablished by the National Highway Traffic Safe- standing the apportionment formula set forth in fiscal year shall be allocated among States that ty Administration, shall be eligible for a grant section 402(c)(2), $2,500,000 of the total amount adopt and implement effective occupant protec- in a fiscal year if the State— available for apportionment to the States for tion programs to reduce highway deaths and in- ‘‘(i) submits an occupant protection plan dur- highway safety programs under subsection juries resulting from individuals riding unre- ing the first fiscal year; 402(c) in each fiscal year shall be available for strained or improperly restrained in motor vehi- ‘‘(ii) participates in the Click It or Ticket na- expenditure by the Secretary, acting through cles (as described in subsection (b)). tional mobilization; the Administrator of the National Highway ‘‘(B) STATE TRAFFIC SAFETY INFORMATION SYS- ‘‘(iii) has an active network of child restraint Traffic Safety Administration, for a cooperative TEM IMPROVEMENTS.—14.5 percent of the funds inspection stations; and research and evaluation program to research provided under this section in each fiscal year ‘‘(iv) has a plan to recruit, train, and main- and evaluate priority highway safety counter- shall be allocated among States that meet the retain a sufficient number of child passenger safe- measures. quirements of the State traffic safety informa- ty technicians.

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‘‘(B) LOWER SEAT BELT USE RATE.—A State ‘‘(ii) certified to the Federal motor vehicle ‘‘(A) effective programs to reduce driving with an observed seat belt use rate below 90 per- safety standard prescribed by the National under the influence of alcohol, drugs, or the cent, based on the most recent data from a sur- Highway Traffic Safety Administration for child combination of alcohol and drugs; or vey that conforms with national criteria estab- restraints. ‘‘(B) alcohol-ignition interlock laws. lished by the National Highway Traffic Safety ‘‘(B) SEAT BELT.—The term ‘seat belt’ means— ‘‘(2) FEDERAL SHARE.—The Federal share of Administration, shall be eligible for a grant in a ‘‘(i) with respect to open-body motor vehicles, the costs of activities funded using amounts fiscal year if— including convertibles, an occupant restraint from grants under this subsection may not ex- ‘‘(i) the State meets all of the requirements system consisting of a lap belt or a lap belt and ceed 80 percent in any fiscal year in which the under clauses (i) through (iv) of subparagraph a detachable shoulder belt; and State receives a grant. (A); and ‘‘(ii) with respect to other motor vehicles, an ‘‘(3) ELIGIBILITY.— ‘‘(ii) the Secretary determines that the State occupant restraint system consisting of inte- ‘‘(A) LOW-RANGE STATES.—Low-range States meets at least 3 of the following criteria: grated lap and shoulder belts. shall be eligible for a grant under this sub- ‘‘(I) The State conducts sustained (on-going ‘‘(c) STATE TRAFFIC SAFETY INFORMATION section. and periodic) seat belt enforcement at a defined SYSTEM IMPROVEMENTS.— ‘‘(B) MID-RANGE STATES.—A mid-range State level of participation during the year. ‘‘(1) GENERAL AUTHORITY.—Subject to the re- shall be eligible for a grant under this sub- ‘‘(II) The State has enacted and enforces a quirements under this subsection, the Secretary section if— primary enforcement seat belt use law. of Transportation shall award grants to States ‘‘(i) a statewide impaired driving task force in ‘‘(III) The State has implemented counter- to support the development and implementation the State developed a statewide plan during the measure programs for high-risk populations, of effective State programs that— most recent 3 calendar years to address the such as drivers on rural roadways, unrestrained ‘‘(A) improve the timeliness, accuracy, com- problem of impaired driving; or nighttime drivers, or teenage drivers. pleteness, uniformity, integration, and accessi- ‘‘(ii) the State will convene a statewide im- ‘‘(IV) The State has enacted and enforces oc- bility of the State safety data that is needed to paired driving task force to develop such a plan cupant protection laws requiring front and rear identify priorities for Federal, State, and local during the first year of the grant. occupant protection use by all occupants in an highway and traffic safety programs; ‘‘(C) HIGH-RANGE STATES.—A high-range State age-appropriate restraint. ‘‘(B) evaluate the effectiveness of efforts to shall be eligible for a grant under this sub- ‘‘(V) The State has implemented a comprehen- make such improvements; section if the State— sive occupant protection program in which the ‘‘(C) link the State data systems, including ‘‘(i)(I) conducted an assessment of the State’s State has— traffic records, with other data systems within impaired driving program during the most recent ‘‘(aa) conducted a program assessment; the State, such as systems that contain medical, 3 calendar years; or ‘‘(bb) developed a statewide strategic plan; roadway, and economic data; ‘‘(II) will conduct such an assessment during ‘‘(cc) designated an occupant protection coor- ‘‘(D) improve the compatibility and interoper- the first year of the grant; dinator; and ability of the data systems of the State with na- ‘‘(ii) convenes, during the first year of the ‘‘(dd) established a statewide occupant protec- tional data systems and data systems of other grant, a statewide impaired driving task force to tion task force. States; and develop a statewide plan that— ‘‘(VI) The State— ‘‘(E) enhance the ability of the Secretary to ‘‘(I) addresses any recommendations from the ‘‘(aa) completed an assessment of its occupant observe and analyze national trends in crash assessment conducted under clause (i); protection program during the 3-year period pre- occurrences, rates, outcomes, and cir- ‘‘(II) includes a detailed plan for spending ceding the grant year; or cumstances. any grant funds provided under this subsection; ‘‘(bb) will conduct such an assessment during ‘‘(2) FEDERAL SHARE.—The Federal share of and the first year of the grant. the cost of adopting and implementing in a fis- ‘‘(III) describes how such spending supports ‘‘(4) USE OF GRANT AMOUNTS.— cal year a State program described in this sub- the statewide program; and ‘‘(A) IN GENERAL.—Grant funds received pur- section may not exceed 80 percent. ‘‘(iii)(I) submits the statewide plan to the Na- ‘‘(3) ELIGIBILITY.—A State is not eligible for a suant to this subsection may be used to— tional Highway Traffic Safety Administration grant under this subsection in a fiscal year un- ‘‘(i) carry out a program to support high-visi- during the first year of the grant for the agen- less the State demonstrates, to the satisfaction bility enforcement mobilizations, including paid cy’s review and approval; media that emphasizes publicity for the proof the Secretary, that the State— ‘‘(II) annually updates the statewide plan in ‘‘(A) has a functioning traffic records coordi- gram, and law enforcement; each subsequent year of the grant; and nating committee (referred to in this paragraph ‘‘(ii) carry out a program to train occupant ‘‘(III) submits each updated statewide plan as ‘TRCC’) that meets at least 3 times each year; protection safety professionals, police officers, for the agency’s review and comment. ‘‘(B) has designated a TRCC coordinator; fire and emergency medical personnel, edu- ‘‘(4) USE OF GRANT AMOUNTS.— ‘‘(C) has established a State traffic record cators, and parents concerning all aspects of the ‘‘(A) REQUIRED PROGRAMS.—High-range strategic plan that has been approved by the use of child restraints and occupant protection; States shall use grant funds for— TRCC and describes specific quantifiable and ‘‘(iii) carry out a program to educate the pub- ‘‘(i) high visibility enforcement efforts; and measurable improvements anticipated in the lic concerning the proper use and installation of ‘‘(ii) any of the activities described in sub- State’s core safety databases, including crash, child restraints, including related equipment paragraph (B) if— citation or adjudication, driver, emergency med- and information systems; ‘‘(I) the activity is described in the statewide ical services or injury surveillance system, road- ‘‘(iv) carry out a program to provide commu- plan; and nity child passenger safety services, including way, and vehicle databases; ‘‘(II) the Secretary approves the use of fund- ‘‘(D) has demonstrated quantitative progress programs about proper seating positions for ing for such activity. in relation to the significant data program at- children and how to reduce the improper use of ‘‘(B) AUTHORIZED PROGRAMS.—Medium-range tribute of— child restraints; and low-range States may use grant funds for— ‘‘(i) accuracy; ‘‘(i) any of the purposes described in subpara- ‘‘(v) purchase and distribute child restraints ‘‘(ii) completeness; to low-income families, provided that not more ‘‘(iii) timeliness; graph (A); than 5 percent of the funds received in a fiscal ‘‘(iv) uniformity; ‘‘(ii) hiring a full-time or part-time impaired year are used for such purpose; and ‘‘(v) accessibility; or driving coordinator of the State’s activities to ‘‘(vi) establish and maintain information sys- ‘‘(vi) integration of a core highway safety address the enforcement and adjudication of tems containing data concerning occupant pro- database; and laws regarding driving while impaired by alco- tection, including the collection and administra- ‘‘(E) has certified to the Secretary that an as- hol; tion of child passenger safety and occupant pro- sessment of the State’s highway safety data and ‘‘(iii) court support of high visibility enforce- tection surveys. traffic records system was conducted or updated ment efforts, training and education of criminal ‘‘(B) HIGH SEAT BELT USE RATE.—A State that during the preceding 5 years. justice professionals (including law enforce- is eligible for funds under paragraph (3)(A) may ‘‘(4) USE OF GRANT AMOUNTS.—Grant funds ment, prosecutors, judges, and probation offi- use up to 75 percent of such funds for any received by a State under this subsection shall cers) to assist such professionals in handling im- project or activity eligible for funding under sec- be used for making data program improvements paired driving cases, hiring traffic safety re- tion 402. to core highway safety databases related to source prosecutors, hiring judicial outreach liai- ‘‘(5) GRANT AMOUNT.—The allocation of grant quantifiable, measurable progress in any of the sons, and establishing driving while intoxicated funds to a State under this subsection for a fis- 6 significant data program attributes set forth in courts; cal year shall be in proportion to the State’s ap- paragraph (3)(D). ‘‘(iv) alcohol ignition interlock programs; portionment under section 402 for fiscal year ‘‘(5) GRANT AMOUNT.—The allocation of grant ‘‘(v) improving blood-alcohol concentration 2009. funds to a State under this subsection for a fis- testing and reporting; ‘‘(6) DEFINITIONS.—In this subsection: cal year shall be in proportion to the State’s ap- ‘‘(vi) paid and earned media in support of ‘‘(A) CHILD RESTRAINT.—The term ‘child re- portionment under section 402 for fiscal year high visibility enforcement efforts, and constraint’ means any device (including child safe- 2009. ducting standardized field sobriety training, ad- ty seat, booster seat, harness, and excepting seat ‘‘(d) IMPAIRED DRIVING COUNTERMEASURES.— vanced roadside impaired driving evaluation belts) that is— ‘‘(1) IN GENERAL.—Subject to the requirements training, and drug recognition expert training ‘‘(i) designed for use in a motor vehicle to re- under this subsection, the Secretary of Trans- for law enforcement, and equipment and related strain, seat, or position children who weigh 65 portation shall award grants to States that expenditures used in connection with impaired pounds (30 kilograms) or less; and adopt and implement— driving enforcement in accordance with criteria

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established by the National Highway Traffic ‘‘(A) prohibits drivers from texting through a ‘‘(C) REPORT.—Not later than 1 year after the Safety Administration; personal wireless communications device while date of enactment of the Motor Vehicle and ‘‘(vii) training on the use of alcohol screening driving; Highway Safety Improvement Act of 2012, the and brief intervention; ‘‘(B) makes violation of the statute a primary Secretary shall submit a report containing the ‘‘(viii) developing impaired driving informa- offense; and results of the study conducted under this para- tion systems; and ‘‘(C) establishes— graph to— ‘‘(ix) costs associated with a 24-7 sobriety pro- ‘‘(i) a minimum fine for a first violation of the ‘‘(i) the Committee on Commerce, Science, and gram. statute; and Transportation of the Senate; and ‘‘(C) OTHER PROGRAMS.—Low-range States ‘‘(ii) increased fines for repeat violations. ‘‘(ii) the Committee on Transportation and In- may use grant funds for any expenditure de- ‘‘(3) PROHIBITION ON YOUTH CELL PHONE USE frastructure of the House of Representatives. signed to reduce impaired driving based on prob- WHILE DRIVING.—A State statute meets the re- ‘‘(9) DEFINITIONS.—In this subsection: lem identification. Medium and high-range quirements set forth in this paragraph if the ‘‘(A) DRIVING.—The term ‘driving’— States may use funds for such expenditures statute— ‘‘(i) means operating a motor vehicle on a upon approval by the Secretary. ‘‘(A) prohibits a driver who is younger than 18 public road, including operation while tempo- ‘‘(5) GRANT AMOUNT.—Subject to paragraph years of age from using a personal wireless com- rarily stationary because of traffic, a traffic (6), the allocation of grant funds to a State munications device while driving; light or stop sign, or otherwise; and under this section for a fiscal year shall be in ‘‘(B) makes violation of the statute a primary ‘‘(ii) does not include operating a motor vehi- proportion to the State’s apportionment under offense; cle when the vehicle has pulled over to the side section 402(c) for fiscal year 2009. ‘‘(C) requires distracted driving issues to be of, or off, an active roadway and has stopped in ‘‘(6) GRANTS TO STATES THAT ADOPT AND EN- tested as part of the State driver’s license exam- a location where it can safely remain sta- FORCE MANDATORY ALCOHOL-IGNITION INTER- ination; and tionary. ‘‘(B) PERSONAL WIRELESS COMMUNICATIONS LOCK LAWS.— ‘‘(D) establishes— ‘‘(A) IN GENERAL.—The Secretary shall make a ‘‘(i) a minimum fine for a first violation of the DEVICE.—The term ‘personal wireless commu- separate grant under this subsection to each statute; and nications device’— ‘‘(i) means a device through which personal State that adopts and is enforcing a mandatory ‘‘(ii) increased fines for repeat violations. ‘‘(4) PERMITTED EXCEPTIONS.—A statute that wireless services (as defined in section alcohol-ignition interlock law for all individuals meets the requirements set forth in paragraphs 332(c)(7)(C)(i) of the Communications Act of 1934 convicted of driving under the influence of alco- (2) and (3) may provide exceptions for— (47 U.S.C. 332(c)(7)(C)(i))) are transmitted; and hol or of driving while intoxicated. ‘‘(A) a driver who uses a personal wireless ‘‘(ii) does not include a global navigation sat- ‘‘(B) USE OF FUNDS.—Grants authorized under communications device to contact emergency ellite system receiver used for positioning, emer- subparagraph (A) may be used by recipient services; gency notification, or navigation purposes. States for any eligible activities under this sub- ‘‘(B) emergency services personnel who use a ‘‘(C) PRIMARY OFFENSE.—The term ‘primary section or section 402. personal wireless communications device while— offense’ means an offense for which a law en- ‘‘(C) ALLOCATION.—Amounts made available ‘‘(i) operating an emergency services vehicle; forcement officer may stop a vehicle solely for under this paragraph shall be allocated among and the purpose of issuing a citation in the absence States described in subparagraph (A) on the ‘‘(ii) engaged in the performance of their du- of evidence of another offense. basis of the apportionment formula set forth in ties as emergency services personnel; and ‘‘(D) PUBLIC ROAD.—The term ‘public road’ section 402(c). ‘‘(C) an individual employed as a commercial has the meaning given such term in section ‘‘(D) FUNDING.—Not more than 15 percent of motor vehicle driver or a school bus driver who 402(c). the amounts made available to carry out this uses a personal wireless communications device ‘‘(E) TEXTING.—The term ‘texting’ means subsection in a fiscal year shall be made avail- within the scope of such individual’s employ- reading from or manually entering data into a able by the Secretary for making grants under ment if such use is permitted under the regula- personal wireless communications device, in- this paragraph. tions promulgated pursuant to section 31152 of cluding doing so for the purpose of SMS texting, ‘‘(7) DEFINITIONS.—In this subsection: title 49. e-mailing, instant messaging, or engaging in ‘‘(A) 24-7 SOBRIETY PROGRAM.—The term ‘24-7 ‘‘(5) USE OF GRANT FUNDS.—Of the amounts any other form of electronic data retrieval or sobriety program’ means a State law or program received by a State under this subsection— electronic data communication. that authorizes a State court or a State agency, ‘‘(A) at least 50 percent shall be used— ‘‘(f) MOTORCYCLIST SAFETY.— as a condition of sentence, probation, parole, or ‘‘(i) to educate the public through advertising ‘‘(1) GRANTS AUTHORIZED.—Subject to the re- work permit, to— containing information about the dangers of quirements under this subsection, the Secretary ‘‘(i) require an individual who plead guilty or texting or using a cell phone while driving; shall award grants to States that adopt and im- was convicted of driving under the influence of ‘‘(ii) for traffic signs that notify drivers about plement effective programs to reduce the number alcohol or drugs to totally abstain from alcohol the distracted driving law of the State; or of single- and multi-vehicle crashes involving or drugs for a period of time; and ‘‘(iii) for law enforcement costs related to the motorcyclists. ‘‘(ii) require the individual to be subject to enforcement of the distracted driving law; and ‘‘(2) ALLOCATION.—The amount of a grant testing for alcohol or drugs— ‘‘(B) up to 50 percent may be used for any eli- awarded to a State for a fiscal year under this ‘‘(I) at least twice per day; gible project or activity under section 402. subsection may not exceed 25 percent of the ‘‘(II) by continuous transdermal alcohol moni- ‘‘(6) ADDITIONAL GRANTS.—In the first fiscal amount apportioned to the State for fiscal year toring via an electronic monitoring device; or year that grants are awarded under this sub- 2003 under section 402. ‘‘(III) by an alternate method with the con- section, the Secretary may use up to 25 percent ‘‘(3) GRANT ELIGIBILITY.—A State becomes eli- currence of the Secretary. of the amounts available for grants under this gible for a grant under this subsection by adopt- ‘‘(B) AVERAGE IMPAIRED DRIVING FATALITY subsection to award grants to States that— ing or demonstrating to the satisfaction of the RATE.—The term ‘average impaired driving fa- ‘‘(A) enacted statutes before the date of enact- Secretary, at least 2 of the following criteria: tality rate’ means the number of fatalities in ment of the Motor Vehicle and Highway Safety ‘‘(A) MOTORCYCLE RIDER TRAINING COURSES.— motor vehicle crashes involving a driver with a Improvement Act of 2012, which meet the re- An effective motorcycle rider training course blood alcohol concentration of at least 0.08 per- quirements set forth in subparagraphs (A) and that is offered throughout the State, which— cent for every 100,000,000 vehicle miles traveled, (B) of paragraph (2); and ‘‘(i) provides a formal program of instruction based on the most recently reported 3 calendar ‘‘(B) are otherwise ineligible for a grant under in accident avoidance and other safety-oriented years of final data from the Fatality Analysis this subsection. operational skills to motorcyclists; and Reporting System, as calculated in accordance ‘‘(7) ALLOCATION TO SUPPORT STATE DIS- ‘‘(ii) may include innovative training opportu- with regulations prescribed by the Administrator TRACTED DRIVING LAWS.—Of the amounts avail- nities to meet unique regional needs. of the National Highway Traffic Safety Admin- able under this subsection in a fiscal year for ‘‘(B) MOTORCYCLISTS AWARENESS PROGRAM.— istration. distracted driving grants, the Secretary may ex- An effective statewide program to enhance mo- ‘‘(C) HIGH-RANGE STATE.—The term ‘high- pend up to $5,000,000 for the development and torist awareness of the presence of motorcyclists range State’ means a State that has an average placement of broadcast media to support the en- on or near roadways and safe driving practices impaired driving fatality rate of 0.60 or higher. forcement of State distracted driving laws. that avoid injuries to motorcyclists. ‘‘(D) LOW-RANGE STATE.—The term ‘low-range ‘‘(8) DISTRACTED DRIVING STUDY.— ‘‘(C) REDUCTION OF FATALITIES AND CRASHES State’ means a State that has an average im- ‘‘(A) IN GENERAL.—The Secretary shall con- INVOLVING MOTORCYCLES.—A reduction for the paired driving fatality rate of 0.30 or lower. duct a study of all forms of distracted driving. preceding calendar year in the number of motor- ‘‘(E) MID-RANGE STATE.—The term ‘mid-range ‘‘(B) COMPONENTS.—The study conducted cycle fatalities and the rate of motor vehicle State’ means a State that has an average im- under subparagraph (A) shall— crashes involving motorcycles in the State (ex- paired driving fatality rate that is higher than ‘‘(i) examine the effect of distractions other pressed as a function of 10,000 motorcycle reg- 0.30 and lower than 0.60. than the use of personal wireless communica- istrations). ‘‘(e) DISTRACTED DRIVING GRANTS.— tions on motor vehicle safety; ‘‘(D) IMPAIRED DRIVING PROGRAM.—Implemen- ‘‘(1) IN GENERAL.—The Secretary shall award ‘‘(ii) identify metrics to determine the nature tation of a statewide program to reduce im- a grant under this subsection to any State that and scope of the distracted driving problem; paired driving, including specific measures to enacts and enforces a statute that meets the re- ‘‘(iii) identify the most effective methods to reduce impaired motorcycle operation. quirements set forth in paragraphs (2) and (3). enhance education and awareness; and ‘‘(E) REDUCTION OF FATALITIES AND ACCIDENTS ‘‘(2) PROHIBITION ON TEXTING WHILE DRIV- ‘‘(iv) identify the most effective method of re- INVOLVING IMPAIRED MOTORCYCLISTS.—A reduc- ING.—A State statute meets the requirements set ducing deaths and injuries caused by all forms tion for the preceding calendar year in the num- forth in this paragraph if the statute— of distracted driving. ber of fatalities and the rate of reported crashes

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00362 Fmt 4634 Sfmt 6333 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE June 28, 2012 CONGRESSIONAL RECORD — HOUSE H4521 involving alcohol- or drug-impaired motorcycle ‘‘(II) prohibits the driver from using a cellular ‘‘(v) carrying out a teen traffic safety program operators (expressed as a function of 10,000 mo- telephone or any communications device in a described in section 402(m); and torcycle registrations). nonemergency situation; and ‘‘(B) up to 75 percent may be used for any eli- ‘‘(F) FEES COLLECTED FROM MOTORCYCLISTS.— ‘‘(III) remains in effect until the driver— gible project or activity under section 402.’’. All fees collected by the State from motorcyclists ‘‘(aa) reaches 16 years of age and enters the (b) CONFORMING AMENDMENT.—The analysis for the purposes of funding motorcycle training intermediate stage; or for chapter 4 of title 23, United States Code, is and safety programs will be used for motorcycle ‘‘(bb) reaches 18 years of age; amended by striking the item relating to section training and safety purposes. ‘‘(ii) an intermediate stage that— 405 and inserting the following: ‘‘(4) ELIGIBLE USES.— ‘‘(I) commences immediately after the expira- ‘‘405. National priority safety programs.’’. ‘‘(A) IN GENERAL.—A State may use funds tion of the learner’s permit stage; SEC. 31106. HIGH VISIBILITY ENFORCEMENT PRO- from a grant under this subsection only for mo- ‘‘(II) is at least 6 months in duration; GRAM. torcyclist safety training and motorcyclist ‘‘(III) prohibits the driver from using a cel- Section 2009 of SAFETEA–LU (23 U.S.C. 402 awareness programs, including— lular telephone or any communications device in note) is amended— ‘‘(i) improvements to motorcyclist safety train- a nonemergency situation; (1) in subsection (a)— ing curricula; ‘‘(IV) restricts driving at night; (A) by striking ‘‘at least 2’’ and inserting ‘‘at ‘‘(ii) improvements in program delivery of mo- ‘‘(V) prohibits the driver from operating a least 3’’; and torcycle training to both urban and rural areas, motor vehicle with more than 1 nonfamilial pas- (B) by striking ‘‘years 2006 through 2012.’’ including— senger younger than 21 years of age unless a li- and inserting ‘‘fiscal years 2013 and 2014. The ‘‘(I) procurement or repair of practice motor- censed driver who is at least 21 years of age is Administrator may also initiate and support ad- cycles; in the motor vehicle; and ditional campaigns in each of fiscal years 2013 ‘‘(II) instructional materials; ‘‘(VI) remains in effect until the driver and 2014 for the purposes specified in subsection ‘‘(III) mobile training units; and reaches 18 years of age; and (b).’’; ‘‘(IV) leasing or purchasing facilities for ‘‘(iii) any other requirement prescribed by the (2) in subsection (b), by striking ‘‘either or closed-course motorcycle skill training; Secretary of Transportation, including— both’’ and inserting ‘‘outcomes related to at ‘‘(iii) measures designed to increase the re- ‘‘(I) in the learner’s permit stage— least 1’’; cruitment or retention of motorcyclist safety ‘‘(aa) at least 40 hours of behind-the-wheel (3) in subsection (c), by inserting ‘‘and Inter- training instructors; and training with a licensed driver who is at least 21 net-based outreach’’ after ‘‘print media adver- ‘‘(iv) public awareness, public service an- years of age; tising’’; nouncements, and other outreach programs to ‘‘(bb) a driver training course; and (4) in subsection (e), by striking ‘‘subsections enhance driver awareness of motorcyclists, such ‘‘(cc) a requirement that the driver be accom- (a), (c), and (f)’’ and inserting ‘‘subsection (c)’’; as the ‘share-the-road’ safety messages devel- panied and supervised by a licensed driver, who (5) by striking subsection (f); and oped under subsection (g). is at least 21 years of age, at all times while (6) by redesignating subsection (g) as sub- ‘‘(B) SUBALLOCATIONS OF FUNDS.—An agency such driver is operating a motor vehicle; and section (f). of a State that receives a grant under this sub- ‘‘(II) in the learner’s permit or intermediate SEC. 31107. AGENCY ACCOUNTABILITY. section may suballocate funds from the grant to stage, a requirement, in addition to any other Section 412 of title 23, United States Code, is a nonprofit organization incorporated in that penalties imposed by State law, that the grant amended— State to carry out this subsection. of an unrestricted driver’s license be automati- (1) by amending subsection (a) to read as fol- ‘‘(5) DEFINITIONS.—In this subsection: cally delayed for any individual who, during lows: ‘‘(A) MOTORCYCLIST AWARENESS.—The term the learner’s permit or intermediate stage, is ‘‘(a) TRIENNIAL STATE MANAGEMENT RE- ‘motorcyclist awareness’ means individual or convicted of a driving-related offense, includ- VIEWS.— collective awareness of— ing— ‘‘(1) IN GENERAL.—Except as provided under ‘‘(i) the presence of motorcycles on or near ‘‘(aa) driving while intoxicated; paragraph (2), the Secretary shall conduct a re- roadways; and ‘‘(bb) misrepresentation of his or her true age; view of each State highway safety program at ‘‘(ii) safe driving practices that avoid injury ‘‘(cc) reckless driving; least once every 3 years. to motorcyclists. ‘‘(dd) driving without wearing a seat belt; ‘‘(2) EXCEPTIONS.—The Secretary may conduct ‘‘(B) MOTORCYCLIST AWARENESS PROGRAM.— ‘‘(ee) speeding; or reviews of the highway safety programs of the The term ‘motorcyclist awareness program’ ‘‘(ff) any other driving-related offense, as de- United States Virgin Islands, Guam, American means an informational or public awareness termined by the Secretary. Samoa, and the Commonwealth of the Northern program designed to enhance motorcyclist ‘‘(3) RULEMAKING.— Mariana Islands as often as the Secretary deter- awareness that is developed by or in coordina- ‘‘(A) IN GENERAL.—The Secretary shall pro- mines to be appropriate. tion with the designated State authority having mulgate regulations necessary to implement the ‘‘(3) COMPONENTS.—Reviews under this sub- jurisdiction over motorcyclist safety issues, requirements set forth in paragraph (2), in ac- section shall include— which may include the State motorcycle safety cordance with the notice and comment provi- ‘‘(A) a management evaluation of all grant administrator or a motorcycle advisory council sions under section 553 of title 5. programs funded under this chapter; appointed by the governor of the State. ‘‘(B) EXCEPTION.—A State that otherwise ‘‘(B) an assessment of State data collection ‘‘(C) MOTORCYCLIST SAFETY TRAINING.—The meets the minimum requirements set forth in and evaluation relating to performance meas- term ‘motorcyclist safety training’ means a for- paragraph (2) shall be deemed by the Secretary ures established by the Secretary; mal program of instruction that is approved for to be in compliance with the requirement set ‘‘(C) a comparison of State efforts under sub- use in a State by the designated State authority forth in paragraph (2) if the State enacted a law paragraphs (A) and (B) to best practices and having jurisdiction over motorcyclist safety before January 1, 2011, establishing a class of li- programs that have been evaluated for effective- issues, which may include the State motorcycle cense that permits licensees or applicants ness; and safety administrator or a motorcycle advisory younger than 18 years of age to drive a motor ‘‘(D) the development of recommendations on council appointed by the governor of the State. vehicle— how each State could— ‘‘(D) STATE.—The term ‘State’ has the mean- ‘‘(i) in connection with work performed on, or ‘‘(i) improve the management and oversight of ing given such term in section 101(a) of title 23, for the operation of, a farm owned by family its grant activities; and United States Code. members who are directly related to the appli- ‘‘(ii) provide a management and oversight ‘‘(g) STATE GRADUATED DRIVER LICENSING IN- cant or licensee; or plan for such grant programs.’’; and CENTIVE GRANT.— ‘‘(ii) if demonstrable hardship would result (2) by striking subsection (f). ‘‘(1) GRANTS AUTHORIZED.—Subject to the re- from the denial of a license to the licensees or SEC. 31108. EMERGENCY MEDICAL SERVICES. quirements under this subsection, the Secretary applicants. Section 10202 of Public Law 109–59 (42 U.S.C. shall award grants to States that adopt and im- ‘‘(4) ALLOCATION.—Grant funds allocated to a 300d–4), is amended by adding at the end the plement graduated driver licensing laws in ac- State under this subsection for a fiscal year following: cordance with the requirements set forth in shall be in proportion to a State’s apportion- ‘‘(b) NATIONAL EMERGENCY MEDICAL SERVICES paragraph (2). ment under section 402 for such fiscal year. ADVISORY COUNCIL.— ‘‘(2) MINIMUM REQUIREMENTS.— ‘‘(5) USE OF FUNDS.—Of the grant funds re- ‘‘(1) ESTABLISHMENT.—The Secretary of ‘‘(A) IN GENERAL.—A State meets the require- ceived by a State under this subsection— Transportation, in coordination with the Sec- ments set forth in this paragraph if the State ‘‘(A) at least 25 percent shall be used for— retary of Health and Human Services and the has a graduated driver licensing law that re- ‘‘(i) enforcing a 2-stage licensing process that Secretary of Homeland Security, shall establish quires novice drivers younger than 21 years of complies with paragraph (2); a National Emergency Medical Services Advi- age to comply with the 2-stage licensing process ‘‘(ii) training for law enforcement personnel sory Council (referred to in this subsection as described in subparagraph (B) before receiving and other relevant State agency personnel relat- the ‘Advisory Council’). an unrestricted driver’s license. ing to the enforcement described in clause (i); ‘‘(2) MEMBERSHIP.—The Advisory Council ‘‘(B) LICENSING PROCESS.—A State is in com- ‘‘(iii) publishing relevant educational mate- shall be composed of 25 members, who— pliance with the 2-stage licensing process de- rials that pertain directly or indirectly to the ‘‘(A) shall be appointed by the Secretary of scribed in this subparagraph if the State’s driv- State graduated driver licensing law; Transportation; and er’s license laws include— ‘‘(iv) carrying out other administrative activi- ‘‘(B) shall collectively be representative of all ‘‘(i) a learner’s permit stage that— ties that the Secretary considers relevant to the sectors of the emergency medical services com- ‘‘(I) is at least 6 months in duration; State’s 2-stage licensing process; and munity.

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‘‘(3) PURPOSES.—The purposes of the Advisory Subtitle B—Enhanced Safety Authorities ulations are issued under subsection (b) or 1 Council are to advise and consult with— SEC. 31201. DEFINITION OF MOTOR VEHICLE year after the date of enactment of this Act. ‘‘(A) the Federal Interagency Committee on EQUIPMENT. SEC. 31204. MOTOR VEHICLE SAFETY RESEARCH Emergency Medical Services on matters relating Section 30102(a)(7)(C) of title 49, United States AND DEVELOPMENT. to emergency medical services issues; and Code, is amended to read as follows: (a) IN GENERAL.—Chapter 301 of title 49, ‘‘(B) the Secretary of Transportation on mat- ‘‘(C) any device or an article or apparel, in- United States Code, is amended by adding at the ters relating to emergency medical services cluding a motorcycle helmet and excluding med- end the following: issues affecting the Department of Transpor- icine or eyeglasses prescribed by a licensed prac- ‘‘SUBCHAPTER V—MOTOR VEHICLE tation. titioner, that— SAFETY RESEARCH AND DEVELOPMENT ‘‘(4) ADMINISTRATION.—The Administrator of ‘‘(i) is not a system, part, or component of a ‘‘§ 30181. Policy the National Highway Traffic Safety Adminis- motor vehicle; and tration shall provide administrative support to ‘‘(ii) is manufactured, sold, delivered, or of- ‘‘The Secretary of Transportation shall con- the Advisory Council, including scheduling fered to be sold for use on public streets, roads, duct research, development, and testing on any meetings, setting agendas, keeping minutes and and highways with the apparent purpose of area or aspect of motor vehicle safety necessary records, and producing reports. safeguarding users of motor vehicles against risk to carry out this chapter. ‘‘(5) LEADERSHIP.—The members of the Advi- of accident, injury, or death.’’. ‘‘§ 30182. Powers and duties sory Council shall annually select a chairperson SEC. 31202. PERMIT REMINDER SYSTEM FOR NON- ‘‘(a) IN GENERAL.—The Secretary of Transpor- of the Advisory Council. USE OF SAFETY BELTS. tation shall— ‘‘(6) MEETINGS.—The Advisory Council shall (a) IN GENERAL.—Chapter 301 of title 49, ‘‘(1) conduct motor vehicle safety research, de- meet as frequently as is determined necessary by United States Code, is amended— velopment, and testing programs and activities, the chairperson of the Advisory Council. (1) in section 30122, by striking subsection (d); including activities related to new and emerging ‘‘(7) ANNUAL REPORTS.—The Advisory Council and technologies that impact or may impact motor shall prepare an annual report to the Secretary (2) by amending section 30124 to read as fol- vehicle safety; of Transportation regarding the Advisory Coun- lows: ‘‘(2) collect and analyze all types of motor ve- cil’s actions and recommendations.’’. ‘‘§ 30124. Nonuse of safety belts hicle and highway safety data and related information to determine the relationship between SEC. 31109. REPEAL OF PROGRAMS. ‘‘A motor vehicle safety standard prescribed motor vehicle or motor vehicle equipment per- (a) GENERAL PROVISION.—A repeal made by under this chapter may not require a manufac- formance characteristics and— this section shall not affect amounts appor- turer to comply with the standard by using a ‘‘(A) accidents involving motor vehicles; and tioned or allocated before the effective date of safety belt interlock designed to prevent starting ‘‘(B) deaths or personal injuries resulting from such repeal, provided that such apportioned or or operating a motor vehicle if an occupant is those accidents. allocated funds continue to be subject to the re- not using a safety belt.’’. ‘‘(b) ACTIVITIES.—In carrying out a program quirements to which such funds were subject (b) CONFORMING AMENDMENT.—The analysis under this section, the Secretary of Transpor- under the repealed section as in effect on the for chapter 301 of title 49, United States Code, is tation may— day before the date of the repeal. amended by striking the item relating to section ‘‘(1) promote, support, and advance the edu- (b) SAFETY BELT PERFORMANCE GRANTS.—Sec- 30124 and inserting the following: cation and training of motor vehicle safety staff tion 406 of title 23, United States Code, and the ‘‘Sec. 30124. Nonuse of safety belts.’’. of the National Highway Traffic Safety Admin- item relating to section 406 in the analysis for SEC. 31203. CIVIL PENALTIES. istration in motor vehicle safety research pro- chapter 4 of title 23, United States Code, are re- (a) IN GENERAL.—Section 30165 of title 49, grams and activities, including using program pealed. United States Code, is amended— funds for planning, implementing, conducting, (c) INNOVATIVE PROJECT GRANTS.—Section 407 (1) in subsection (a)— and presenting results of program activities, and of title 23, United States Code, and the item re- (A) in paragraph (1)— for related expenses; lating to section 407 in the analysis for chapter (i) by striking ‘‘30123(d)’’ and inserting ‘‘(2) obtain experimental and other motor ve- 4, are repealed. ‘‘30123(a)’’; and hicles and motor vehicle equipment for research (d) STATE TRAFFIC SAFETY INFORMATION SYS- (ii) by striking ‘‘$15,000,000’’ and inserting or testing; TEM IMPROVEMENTS.—Section 408 of title 23, ‘‘$35,000,000’’; and ‘‘(3)(A) use any test motor vehicles and motor United States Code, and the item relating to sec- (B) in paragraph (3), by striking ‘‘$15,000,000’’ vehicle equipment suitable for continued use, as tion 408 in the analysis for chapter 4, are re- and inserting ‘‘$35,000,000’’; and determined by the Secretary to assist in carrying pealed. (2) by amending subsection (c) to read as fol- out this chapter or any other chapter of this (e) ALCOHOL-IMPAIRED DRIVING COUNTER- lows: title; or MEASURES.—Section 410 of title 23, United States ‘‘(c) RELEVANT FACTORS IN DETERMINING ‘‘(B) sell or otherwise dispose of test motor ve- Code, and the item relating to section 410 in the AMOUNT OF PENALTY OR COMPROMISE.—In de- hicles and motor vehicle equipment and use the analysis for chapter 4, are repealed. termining the amount of a civil penalty or com- resulting proceeds to carry out this chapter; (f) STATE HIGHWAY SAFETY DATA IMPROVE- promise under this section, the Secretary of ‘‘(4) award grants to States and local govern- MENTS.—Section 411 of title 23, United States Transportation shall consider the nature, cir- ments, interstate authorities, and nonprofit in- Code, and the item relating to section 411 in the cumstances, extent, and gravity of the violation. stitutions; and analysis for chapter 4, are repealed. Such determination shall include, as appro- ‘‘(5) enter into cooperative agreements, col- (g) MOTORCYCLIST SAFETY.—Section 2010 of priate— laborative research, or contracts with Federal SAFETEA-LU (23 U.S.C. 402 note), and the item ‘‘(1) the nature of the defect or noncompli- agencies, interstate authorities, State and local relating to section 2010 in the table of contents ance; governments, other public entities, private orga- under section 1(b) of such Act, are repealed. ‘‘(2) knowledge by the person charged of its nizations and persons, nonprofit institutions, (h) CHILD SAFETY AND CHILD BOOSTER SEAT obligations under this chapter; colleges and universities, consumer advocacy INCENTIVE GRANTS.—Section 2011 of SAFETEA- ‘‘(3) the severity of the risk of injury; groups, corporations, partnerships, sole propri- LU (23 U.S.C. 405 note), and the item relating to ‘‘(4) the occurrence or absence of injury; etorships, trade associations, Federal labora- section 2011 in the table of contents under sec- ‘‘(5) the number of motor vehicles or items of tories (including government-owned, govern- tion 1(b) of that Act, are repealed. motor vehicle equipment distributed with the de- ment-operated laboratories and government- (i) DRUG-IMPAIRED DRIVING ENFORCEMENT.— fect or noncompliance; owned, contractor-operated laboratories), and Section 2013 of SAFETEA-LU (23 U.S.C. 403 ‘‘(6) actions taken by the person charged to research organizations. note), and the item relating to section 2013 in identify, investigate, or mitigate the condition; ‘‘(c) USE OF PUBLIC AGENCIES.—In carrying the table of contents under section 1(b) of that ‘‘(7) the appropriateness of such penalty in re- out this subchapter, the Secretary shall avoid Act, are repealed. lation to the size of the business of the person duplication by using the services, research, and (j) FIRST RESPONDER VEHICLE SAFETY PRO- charged, including the potential for undue ad- testing facilities of public agencies, as appro- GRAM.—Section 2014 of SAFETEA-LU (23 U.S.C. verse economic impacts; priate. 402 note), and the item relating to section 2014 ‘‘(8) whether the person has been assessed ‘‘(d) FACILITIES.—The Secretary may plan, de- in the table of contents under section 1(b) of civil penalties under this section during the sign, and construct a new facility or modify an that Act, are repealed. most recent 5 years; and existing facility to conduct research, develop- (k) RURAL STATE EMERGENCY MEDICAL SERV- ‘‘(9) other appropriate factors.’’. ment, and testing in traffic safety, highway ICES OPTIMIZATION PILOT PROGRAM.—Section (b) CIVIL PENALTY CRITERIA.—Not later than safety, and motor vehicle safety. An expenditure 2016 of SAFETEA-LU (119 Stat. 1541), and the 1 year after the date of enactment of this Act, of more than $1,500,000 for planning, design, or item relating to section 2016 in the table of con- the Secretary shall issue a final rule, in accord- construction may be made only if 60 days prior tents under section 1(b) of that Act, are re- ance with the procedures of section 553 of title notice of the planning, design, or construction is pealed. 5, United States Code, which provides an inter- provided to the Committees on Science, Space, (l) OLDER DRIVER SAFETY; LAW ENFORCEMENT pretation of the penalty factors described in sec- and Technology and Transportation and Infra- TRAINING.—Section 2017 of SAFETEA-LU (119 tion 30165(c) of title 49, United States Code. structure of the House of Representatives and Stat. 1541), and the item relating to section 2017 (c) EFFECTIVE DATE.—The amendments made the Committees on Commerce, Science, and in the table of contents under section 1(b) of by subsection (a) shall take effect on the date Transportation and Environment and Public that Act, are repealed. that is the earlier of the date on which final reg- Works of the Senate. The notice shall include—

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Nothing lations; and noticed under subsection (d) may be increased in this paragraph may be construed to prohibit ‘‘(3) if applicable, have identified a current by an amount equal to the percentage increase the importation of a new motor vehicle that re- agent for service of process in accordance with in construction costs from the date the notice is ceives a required recall remedy before being sold part 551 of title 49, Code of Federal Regulations. ‘‘(f) RULEMAKING.—In issuing regulations submitted to Congress. However, the increase in to a consumer in the United States.’’; and under this section, the Secretary shall seek to the cost of the facility may not be more than 10 (2) in subsection (b)(2)— reduce duplicative requirements by coordinating percent of the estimated maximum cost included (A) in subparagraph (A), by striking ‘‘or’’ at with the Department of Homeland Security.’’. in the notice. The Secretary shall decide what the end; increase in construction costs has occurred. (B) in subparagraph (B), by adding ‘‘or’’ at SEC. 31209. PORT INSPECTIONS; SAMPLES FOR ‘‘(f) AVAILABILITY OF INFORMATION, PATENTS, EXAMINATION OR TESTING. the end; and AND DEVELOPMENTS.—When the United States Section 30166(c) of title 49, United States Code, (C) by adding at the end the following: Government makes more than a minimal con- is amended— ‘‘(C) having no reason to know, despite exer- tribution to a research or development activity (1) in paragraph (2), by striking ‘‘and’’ at the cising reasonable care, that a motor vehicle or under this chapter, the Secretary shall include end; motor vehicle equipment contains a defect rein the arrangement for the activity a provision (2) in paragraph (3)— lated to motor vehicle safety about which notice (A) in subparagraph (A), by inserting ‘‘(in- to ensure that all information, patents, and de- was given under section 30118(c) or an order was cluding at United States ports of entry)’’ after velopments related to the activity are available issued under section 30118(b);’’. ‘‘held for introduction in interstate commerce’’; to the public. The owner of a background patent and may not be deprived of a right under the patent. SEC. 31208. CONDITIONS ON IMPORTATION OF VE- HICLES AND EQUIPMENT. (B) in subparagraph (D), by striking the pe- ‘‘§ 30183. Prohibition on certain disclosures. Chapter 301 of title 49, United States Code, is riod at the end and inserting a semicolon; and ‘‘Any report of the National Highway Traffic amended— (3) by adding at the end the following: Safety Administration, or of any officer, em- (1) in the chapter analysis, by striking the ‘‘(4) shall enter into a memorandum of under- ployee, or contractor of the National Highway item relating to section 30164 and inserting the standing with the Secretary of Homeland Secu- Traffic Safety Administration, relating to any following: rity for inspections and sampling of motor vehicle equipment being offered for import to deter- highway traffic accident or the investigation of ‘‘30164. Service of process; conditions on impor- such accident conducted pursuant to this chap- mine compliance with this chapter or a regula- tation of vehicles and equip- tion or order issued under this chapter.’’. ter or section 403 of title 23, may be made avail- ment.’’; Subtitle C—Transparency and Accountability able to the public only in a manner that does and not identify individuals.’’. (2) in section 30164— SEC. 31301. PUBLIC AVAILABILITY OF RECALL IN- (b) CONFORMING AMENDMENTS.— FORMATION. (A) in the section heading, by adding ‘‘; CON- (1) AMENDMENT OF CHAPTER ANALYSIS.—The (a) VEHICLE RECALL INFORMATION.—Not later DITIONS ON IMPORTATION OF VEHICLES chapter analysis for chapter 301 of title 49, than 1 year after the date of enactment of this AND EQUIPMENT’’ at the end; and United States Code, is amended by adding at the Act, the Secretary shall require that motor vehi- (B) by adding at the end the following: end the following: cle safety recall information— ‘‘(c) IDENTIFYING INFORMATION.—A manufac- (1) be available to the public on the Internet; ‘‘SUBCHAPTER V—MOTOR VEHICLE SAFETY turer (including an importer) offering a motor RESEARCH AND DEVELOPMENT (2) be searchable by vehicle make and model vehicle or motor vehicle equipment for import and vehicle identification number; ‘‘30181. Policy. shall provide, upon request, such information (3) be in a format that preserves consumer pri- ‘‘30182. Powers and duties. that is necessary to identify and track the prod- vacy; and ‘‘30183. Prohibition on certain disclosures.’’. ucts as the Secretary, by rule, may specify, in- (4) includes information about each recall (2) DELETION OF REDUNDANT MATERIAL.— cluding— that has not been completed for each vehicle. Chapter 301 of title 49, United States Code, is ‘‘(1) the product by name and the manufac- (b) RULEMAKING.—The Secretary may initiate amended— turer’s address; and a rulemaking proceeding to require each manu- (A) in the chapter analysis, by striking the ‘‘(2) each retailer or distributor to which the facturer to provide the information described in item relating to section 30168; and manufacturer directly supplied motor vehicles or subsection (a), with respect to that manufactur- (B) by striking section 30168. motor vehicle equipment over which the Sec- er’s motor vehicles, on a publicly accessible SEC. 31205. ODOMETER REQUIREMENTS. retary has jurisdiction under this chapter. Internet website. Any rules promulgated under (a) DEFINITION.—Section 32702(5) of title 49, ‘‘(d) REGULATIONS ON THE IMPORT OF A this subsection— United States Code, is amended by inserting ‘‘or MOTOR VEHICLE.—The Secretary may issue reg- (1) shall limit the information that must be system of components’’ after ‘‘instrument’’. ulations that— made available under this section to include (b) ELECTRONIC DISCLOSURES OF ODOMETER ‘‘(1) condition the import of a motor vehicle or only those recalls issued not more than 15 years INFORMATION.—Section 32705 of title 49, United motor vehicle equipment on the manufacturer’s prior to the date of enactment of this Act; States Code, is amended by adding at the end compliance with— (2) may require information under paragraph the following: ‘‘(A) the requirements under this section; (1) to be provided to a dealer or an owner of a ‘‘(g) ELECTRONIC DISCLOSURES.—Not later ‘‘(B) paragraph (1) or (3) of section 30112(a) vehicle at no charge; and (3) shall permit a manufacturer a reasonable than 18 months after the date of enactment of with respect to such motor vehicle or motor vehi- period of time after receiving information from a the Motor Vehicle and Highway Safety Improve- cle equipment; dealer with respect to a vehicle to update the in- ment Act of 2012, in carrying out this section, ‘‘(C) the provision of reports and records re- formation about the vehicle on the publicly ac- the Secretary shall prescribe regulations permit- quired to be maintained with respect to such cessible Internet website. ting any written disclosures or notices and re- motor vehicle or motor vehicle equipment under (c) PROMOTION OF PUBLIC AWARENESS.—The lated matters to be provided electronically.’’. this chapter; SEC. 31206. INCREASED PENALTIES AND DAM- Secretary, in consultation with the heads of ‘‘(D) a request for inspection of premises, ve- other relevant agencies, shall promote consumer AGES FOR ODOMETER FRAUD. hicle, or equipment under section 30166; Chapter 327 of title 49, United States Code, is awareness of the information made available to ‘‘(E) an order or voluntary agreement to rem- the public pursuant to this section. amended— edy such vehicle or equipment; or (1) in section 32709(a)(1)— SEC. 31302. NATIONAL HIGHWAY TRAFFIC SAFETY (A) by striking ‘‘$2,000’’ and inserting ‘‘(F) any rules implementing the requirements ADMINISTRATION OUTREACH TO ‘‘$10,000’’; and described in this subsection; MANUFACTURER, DEALER, AND ME- (B) by striking ‘‘$100,000’’ and inserting ‘‘(2) provide an opportunity for the manufac- CHANIC PERSONNEL. ‘‘$1,000,000’’; and turer to present information before the Sec- The Secretary shall publicize the means for (2) in section 32710(a), by striking ‘‘$1,500’’ retary’s determination as to whether the manu- contacting the National Highway Traffic Safety and inserting ‘‘$10,000’’. facturer’s imports should be restricted; and Administration in a manner that targets me- SEC. 31207. EXTEND PROHIBITIONS ON IMPORT- ‘‘(3) establish a process by which a manufac- chanics, passenger motor vehicle dealership per- ING NONCOMPLIANT VEHICLES AND turer may petition for reinstatement of its abil- sonnel, and manufacturer personnel. EQUIPMENT TO DEFECTIVE VEHI- ity to import motor vehicles or motor vehicle SEC. 31303. PUBLIC AVAILABILITY OF COMMU- CLES AND EQUIPMENT. equipment. NICATIONS TO DEALERS. Section 30112 of title 49, United States Code, is ‘‘(e) EXCEPTION.—The requirements of sub- (a) INTERNET ACCESSIBILITY.—Section 30166(f) amended— sections (c) and (d) shall not apply to original of title 49, United States Code, is amended—

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(1) by striking ‘‘A manufacturer shall give the ‘‘(1) RULEMAKING REQUIRED.—Not later than 1 person named in the complaint an opportunity Secretary of Transportation’’ and inserting the year after the date of enactment of the Motor to submit to the Secretary a written response to following: Vehicle and Highway Safety Improvement Act the complaint and an opportunity to meet with ‘‘(1) IN GENERAL.—A manufacturer shall give of 2012, the Secretary shall prescribe regulations a representative of the Secretary to present the Secretary of Transportation, and the Sec- that require passenger motor vehicle manufac- statements from witnesses, the Secretary shall retary shall make available on a publicly acces- turers— conduct an investigation and determine whether sible Internet website,’’; and ‘‘(A) to affix, in the glove compartment or in there is reasonable cause to believe that the (2) by adding at the end the following: another readily accessible location on the vehi- complaint has merit and notify, in writing, the ‘‘(2) INDEX.—Communications required to be cle, a sticker, decal, or other device that pro- complainant and the person alleged to have submitted to the Secretary under this subsection vides, in simple and understandable language, committed a violation of subsection (a) of the shall be accompanied by an index to each com- information about how to submit a safety-re- Secretary’s findings. If the Secretary concludes munication, that— lated motor vehicle defect complaint to the Na- that there is a reasonable cause to believe that ‘‘(A) identifies the make, model, and model tional Highway Traffic Safety Administration; a violation of subsection (a) has occurred, the year of the affected vehicles; ‘‘(B) to prominently print the information de- Secretary shall accompany the Secretary’s find- ‘‘(B) includes a concise summary of the sub- scribed in subparagraph (A) within the owner’s ings with a preliminary order providing the reject matter of the communication; and manual; and lief prescribed by paragraph (3)(B). Not later ‘‘(C) shall be made available by the Secretary ‘‘(C) to not place such information on the than 30 days after the date of notification of to the public on the Internet in a searchable for- label required under section 3 of the Automobile findings under this paragraph, either the person mat.’’. Information Disclosure Act (15 U.S.C. 1232). alleged to have committed the violation or the complainant may file objections to the findings SEC. 31304. CORPORATE RESPONSIBILITY FOR ‘‘(2) APPLICATION.—The requirements under NATIONAL HIGHWAY TRAFFIC SAFE- paragraph (1) shall apply to passenger motor ve- or preliminary order, or both, and request a TY ADMINISTRATION REPORTS. hicles manufactured in any model year begin- hearing on the record. The filing of such objec- (a) IN GENERAL.—Section 30166 of title 49, ning more than 1 year after the date on which tions shall not operate to stay any reinstatement United States Code, is amended by adding at the a final rule is published under paragraph (1).’’. remedy contained in the preliminary order. Such hearings shall be conducted expeditiously. If a end the following: SEC. 31307. WHISTLEBLOWER PROTECTIONS FOR ‘‘(o) CORPORATE RESPONSIBILITY FOR RE- MOTOR VEHICLE MANUFACTURERS, hearing is not requested in such 30-day period, PORTS.— PART SUPPLIERS, AND DEALERSHIP the preliminary order shall be deemed a final ‘‘(1) IN GENERAL.—The Secretary may promul- EMPLOYEES. order that is not subject to judicial review. EQUIREMENTS.— gate rules requiring a senior official responsible (a) IN GENERAL.—Subchapter IV of chapter ‘‘(B) R ‘‘(i) REQUIRED SHOWING BY COMPLAINANT.— for safety in any company submitting informa- 301 of title 49, United States Code, is amended by adding at the end the following: The Secretary shall dismiss a complaint filed tion to the Secretary in response to a request for under this subsection and shall not conduct an information in a safety defect or compliance in- ‘‘§ 30171. Protection of employees providing investigation otherwise required under subpara- vestigation under this chapter to certify that— motor vehicle safety information graph (A) unless the complainant makes a ‘‘(A) the signing official has reviewed the sub- ‘‘(a) DISCRIMINATION AGAINST EMPLOYEES OF prima facie showing that any behavior described mission; and MANUFACTURERS, PART SUPPLIERS, AND DEAL- in paragraphs (1) through (5) of subsection (a) ‘‘(B) based on the official’s knowledge, the ERSHIPS.—No motor vehicle manufacturer, part was a contributing factor in the unfavorable submission does not— supplier, or dealership may discharge an em- personnel action alleged in the complaint. ‘‘(i) contain any untrue statement of a mate- ployee or otherwise discriminate against an em- ‘‘(ii) SHOWING BY EMPLOYER.—Notwith- rial fact; or ployee with respect to compensation, terms, con- standing a finding by the Secretary that the ‘‘(ii) omit to state a material fact necessary in ditions, or privileges of employment because the complainant has made the showing required order to make the statements made not mis- employee (or any person acting pursuant to a under clause (i), no investigation otherwise re- leading, in light of the circumstances under request of the employee)— quired under subparagraph (A) shall be con- which such statements were made. ‘‘(1) provided, caused to be provided, or is ducted if the employer demonstrates, by clear ‘‘(2) NOTICE.—The certification requirements about to provide (with any knowledge of the em- and convincing evidence, that the employer of this section shall be clearly stated on any re- ployer) or cause to be provided to the employer would have taken the same unfavorable per- quest for information under paragraph (1).’’. or the Secretary of Transportation information sonnel action in the absence of that behavior. (b) CIVIL PENALTY.—Section 30165(a) of title relating to any motor vehicle defect, noncompli- ‘‘(iii) CRITERIA FOR DETERMINATION BY SEC- 49, United States Code, is amended— ance, or any violation or alleged violation of RETARY.—The Secretary may determine that a (1) in paragraph (3), by striking ‘‘A person’’ any notification or reporting requirement of this violation of subsection (a) has occurred only if and inserting ‘‘Except as provided in paragraph chapter; the complainant demonstrates that any behavior (4), a person’’; and ‘‘(2) has filed, caused to be filed, or is about described in paragraphs (1) through (5) of sub- (2) by adding at the end the following: to file (with any knowledge of the employer) or section (a) was a contributing factor in the un- ‘‘(4) FALSE OR MISLEADING REPORTS.—A per- cause to be filed a proceeding relating to any favorable personnel action alleged in the com- son who knowingly and willfully submits mate- violation or alleged violation of any motor vehi- plaint. rially false or misleading information to the Sec- cle defect, noncompliance, or any violation or ‘‘(iv) PROHIBITION.—Relief may not be ordered retary, after certifying the same information as alleged violation of any notification or reporting under subparagraph (A) if the employer dem- accurate under the certification process estab- requirement of this chapter; onstrates, by clear and convincing evidence, lished pursuant to section 30166(o), shall be sub- ‘‘(3) testified or is about to testify in such a that the employer would have taken the same ject to a civil penalty of not more than $5,000 proceeding; unfavorable personnel action in the absence of per day. The maximum penalty under this para- ‘‘(4) assisted or participated or is about to as- that behavior. graph for a related series of daily violations is sist or participate in such a proceeding; or ‘‘(3) FINAL ORDER.— ‘‘(A) DEADLINE FOR ISSUANCE; SETTLEMENT $1,000,000.’’. ‘‘(5) objected to, or refused to participate in, AGREEMENTS.—Not later than 120 days after the SEC. 31305. PASSENGER MOTOR VEHICLE INFOR- any activity that the employee reasonably be- date of conclusion of a hearing under para- MATION PROGRAM. lieved to be in violation of any provision of graph (2), the Secretary shall issue a final order (a) DEFINITION.—Section 32301 of title 49, chapter 301 of this title, or any order, rule, regu- providing the relief prescribed by this paragraph United States Code, is amended— lation, standard, or ban under such provision. or denying the complaint. At any time before (1) by redesignating paragraphs (1) and (2) as ‘‘(b) COMPLAINT PROCEDURE.— issuance of a final order, a proceeding under paragraphs (2) and (3), respectively; ‘‘(1) FILING AND NOTIFICATION.—A person who this subsection may be terminated on the basis (2) by inserting before paragraph (2), as redes- believes that he or she has been discharged or of a settlement agreement entered into by the ignated, the following: otherwise discriminated against by any person Secretary, the complainant, and the person al- ‘‘(1) ‘crash avoidance’ means preventing or in violation of subsection (a) may file (or have leged to have committed the violation. mitigating a crash;’’; and any person file on his or her behalf), not later ‘‘(B) REMEDY.—If, in response to a complaint (3) in paragraph (2), as redesignated, by strik- than 180 days after the date on which such vio- filed under paragraph (1), the Secretary deter- ing the period at the end and inserting ‘‘; and’’. lation occurs, a complaint with the Secretary of mines that a violation of subsection (a) has oc- (b) INFORMATION INCLUDED.—Section 32302(a) Labor (hereinafter in this section referred to as curred, the Secretary shall order the person who of title 49, United States Code, is amended— the ‘Secretary’) alleging such discharge or dis- committed such violation— (1) in paragraph (2), by inserting ‘‘, crash crimination. Upon receipt of such a complaint, ‘‘(i) to take affirmative action to abate the avoidance, and any other areas the Secretary the Secretary shall notify, in writing, the person violation; determines will improve the safety of passenger named in the complaint of the filing of the com- ‘‘(ii) to reinstate the complainant to his or her motor vehicles’’ after ‘‘crashworthiness’’; and plaint, of the allegations contained in the com- former position together with the compensation (2) by striking paragraph (4). plaint, of the substance of evidence supporting (including back pay) and restore the terms, con- SEC. 31306. PROMOTION OF VEHICLE DEFECT RE- the complaint, and of the opportunities that will ditions, and privileges associated with his or her PORTING. be afforded to such person under paragraph (2). employment; and Section 32302 of title 49, United States Code, is ‘‘(2) INVESTIGATION; PRELIMINARY ORDER.— ‘‘(iii) to provide compensatory damages to the amended by adding at the end the following: ‘‘(A) IN GENERAL.—Not later than 60 days complainant. ‘‘(d) MOTOR VEHICLE DEFECT REPORTING IN- after the date of receipt of a complaint filed ‘‘(C) ATTORNEYS’ FEES.—If such an order is FORMATION.— under paragraph (1) and after affording the issued under this paragraph, the Secretary, at

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the request of the complainant, shall assess (b) GOVERNMENT ACCOUNTABILITY OFFICE RE- (b) REVIEW.—The Administrator of the Na- against the person against whom the order is PORT.—Not later than 2 years after the date of tional Highway Traffic Safety Administration issued a sum equal to the aggregate amount of enactment of this Act, the Comptroller General (referred to in this section as the ‘‘Administra- all costs and expenses (including attorneys’ and of the United States shall— tion’’) shall conduct a comprehensive review of expert witness fees) reasonably incurred, as de- (1) conduct a study of the whistleblower pro- the data elements collected from each crash to termined by the Secretary, by the complainant tections established by law with respect to this determine if additional data should be collected. for, or in connection with, bringing the com- program, and update its study of other such The review under this subsection shall include plaint upon which the order was issued. programs administered by the Secretary of input from interested parties, including sup- ‘‘(D) FRIVOLOUS COMPLAINTS.—If the Sec- Transportation; and pliers, automakers, safety advocates, the med- retary determines that a complaint under para- (2) submit to Congress a report of the results ical community, and research organizations. graph (1) is frivolous or has been brought in bad of the study under paragraph (1), including— (c) CONTENTS.—The report issued under this faith, the Secretary may award to the prevailing (A) an identification of the differences be- section shall include— employer a reasonable attorney’s fee not exceed- tween the provisions applicable to different pro- (1) the analysis and conclusions the Adminis- ing $1,000. grams, the number of claims brought pursuant tration can reach from the amount of motor ve- ‘‘(E) DE NOVO REVIEW.—With respect to a to each provision, and the outcome of each hicle crash data collected in a given year; complaint under paragraph (1), if the Secretary claim; and (2) the additional analysis and conclusions has not issued a final decision within 210 days (B) any recommendations for program the Administration could reach if more crash inafter the filing of the complaint and if the delay changes that the Comptroller General considers vestigations were conducted each year; is not due to the bad faith of the employee, the appropriate based on the study under para- (3) the number of investigations per year that employee may bring an original action at law or graph (1). would allow for optimal data analysis and crash equity for de novo review in the appropriate dis- (c) CONFORMING AMENDMENT.—The table of information; trict court of the United States, which shall sections for chapter 301 of title 49, United States (4) the results of the comprehensive review have jurisdiction over such an action without Code, is amended by inserting after the item re- conducted pursuant to subsection (b); regard to the amount in controversy, and which lating to section 30170 the following: (5) the incremental costs of collecting and action shall, at the request of either party to the analyzing additional data, as well as data from ‘‘30171. Protection of employees providing motor action, be tried by the court with a jury. The ac- additional crashes; vehicle safety information.’’. tion shall be governed by the same legal burdens (6) the potential for obtaining private funding of proof specified in paragraph (2)(B) for review SEC. 31308. ANTI-REVOLVING DOOR. for all or a portion of the costs under paragraph by the Secretary. (a) STUDY OF DEPARTMENT OF TRANSPOR- (5); ‘‘(4) REVIEW.— TATION POLICIES ON OFFICIAL COMMUNICATION (7) the potential for recovering any additional ‘‘(A) APPEAL TO COURT OF APPEALS.—Any per- WITH FORMER MOTOR VEHICLE SAFETY ISSUE costs from high volume users of the data, while son adversely affected or aggrieved by an order EMPLOYEES.—Not later than 1 year after the continuing to make the data available to the issued under paragraph (3) may obtain review date of enactment of this Act, the Inspector general public free of charge; of the order in the United States Court of Ap- General of the Department of Transportation (8) the advantages or disadvantages of ex- peals for the circuit in which the violation, with shall— panding collection of non-crash data instead of respect to which the order was issued, allegedly (1) review the Department of Transportation’s crash data; occurred or the circuit in which the complainant policies and procedures applicable to official (9) recommendations for improvements to the resided on the date of such violation. The peti- communication with former employees con- Administration’s data collection program; and tion for review shall be filed not later than 60 cerning motor vehicle safety compliance matters (10) the resources needed by the Administra- days after the date of the issuance of the final for which they had responsibility during the tion to implement such recommendations. order of the Secretary. Review shall conform to last 12 months of their tenure at the Depart- SEC. 31310. UPDATE MEANS OF PROVIDING NOTI- chapter 7 of title 5. The commencement of pro- ment, including any limitations on the ability of FICATION; IMPROVING EFFICACY OF ceedings under this subparagraph shall not, un- such employees to submit comments, or other- RECALLS. less ordered by the court, operate as a stay of wise communicate directly with the Department, (a) UPDATE OF MEANS OF PROVIDING NOTIFI- the order. on motor vehicle safety issues; and CATION.—Section 30119(d) of title 49, United ‘‘(B) LIMITATION ON COLLATERAL ATTACK.— (2) submit a report to the Committee on Com- States Code, is amended— An order of the Secretary with respect to which merce, Science, and Transportation of the Sen- (1) in paragraph (1), by striking ‘‘by first class review could have been obtained under subpara- ate and the Committee on Energy and Commerce mail’’ and inserting ‘‘in the manner prescribed graph (A) shall not be subject to judicial review of the House of Representatives that contains by the Secretary, by regulation’’; in any criminal or other civil proceeding. the Inspector General’s findings, conclusions, (2) in paragraph (2)— ‘‘(5) ENFORCEMENT OF ORDER BY SECRETARY.— and recommendations for strengthening those (A) by striking ‘‘(except a tire) shall be sent by Whenever any person fails to comply with an policies and procedures to minimize the risk of first class mail’’ and inserting ‘‘shall be sent in order issued under paragraph (3), the Secretary undue influence without compromising the abil- the manner prescribed by the Secretary, by reg- may file a civil action in the United States dis- ity of the Department to employ and retain ulation,’’; and trict court for the district in which the violation highly qualified individuals for such respon- (B) by striking the second sentence; was found to occur to enforce such order. In ac- sibilities. (3) in paragraph (3)— tions brought under this paragraph, the district (A) by striking the first sentence; (b) POST-EMPLOYMENT POLICY STUDY.— courts shall have jurisdiction to grant all appro- (B) by inserting ‘‘to the notification required (1) IN GENERAL.—The Inspector General of the priate relief, including injunctive relief and Department of Transportation shall conduct a under paragraphs (1) and (2)’’ after ‘‘addition’’; compensatory damages. study of the Department’s policies relating to and ‘‘(6) ENFORCEMENT OF ORDER BY PARTIES.— (C) by inserting ‘‘by the manufacturer’’ after post-employment restrictions on employees who ‘‘(A) COMMENCEMENT OF ACTION.—A person ‘‘given’’; and perform functions related to transportation safe- on whose behalf an order was issued under (4) in paragraph (4), by striking ‘‘by certified ty. paragraph (3) may commence a civil action mail or quicker means if available’’ and insert- (2) REPORT.—Not later than 1 year after the against the person to whom such order was ing ‘‘in the manner prescribed by the Secretary, date of enactment of this Act, the Inspector issued to require compliance with such order. by regulation’’. General shall submit a report containing the re- The appropriate United States district court (b) IMPROVING EFFICACY OF RECALLS.—Sec- sults of the study conducted under paragraph shall have jurisdiction, without regard to the tion 30119(e) of title 49, United States Code, is (1) to— amount in controversy or the citizenship of the amended— parties, to enforce such order. (A) the Committee on Commerce, Science, and (1) in the subsection heading, by striking Transportation of the Senate; ‘‘(B) ATTORNEY FEES.—The court, in issuing ‘‘SECOND’’ and inserting ‘‘ADDITIONAL’’; any final order under this paragraph, may (B) the Committee on Energy and Commerce (2) by striking ‘‘If the Secretary’’ and insert- award costs of litigation (including reasonable of the House of Representatives; and ing the following: attorney and expert witness fees) to any party (C) the Secretary of Transportation. ‘‘(1) SECOND NOTIFICATION.—If the Secretary’’; whenever the court determines such award is (3) USE OF RESULTS.—The Secretary of Trans- and appropriate. portation shall review the results of the study (3) by adding at the end the following: ‘‘(c) MANDAMUS.—Any nondiscretionary duty conducted under paragraph (1) and take what- ‘‘(2) ADDITIONAL NOTIFICATIONS.—If the Sec- imposed under this section shall be enforceable ever action the Secretary determines to be ap- retary determines, after taking into account the in a mandamus proceeding brought under sec- propriate. severity of the defect or noncompliance, that the tion 1361 of title 28. SEC. 31309. STUDY OF CRASH DATA COLLECTION. second notification by a manufacturer does not ‘‘(d) NONAPPLICABILITY TO DELIBERATE VIO- (a) IN GENERAL.—Not later than 1 year after result in an adequate number of motor vehicles LATIONS.—Subsection (a) shall not apply with the date of enactment of this Act, the Secretary or items of replacement equipment being re- respect to an employee of a motor vehicle manu- shall submit a report to the Committee on Com- turned for remedy, the Secretary may order the facturer, part supplier, or dealership who, act- merce, Science, and Transportation of the Sen- manufacturer— ing without direction from such motor vehicle ate and the Committee on Energy and Commerce ‘‘(A)(i) to send additional notifications in the manufacturer, part supplier, or dealership (or of the House of Representatives regarding the manner prescribed by the Secretary, by regula- such person’s agent), deliberately causes a vio- quality of data collected through the National tion; or lation of any requirement relating to motor vehi- Automotive Sampling System, including the Spe- ‘‘(ii) to take additional steps to locate and no- cle safety under this chapter.’’. cial Crash Investigations Program. tify each person registered under State law as

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the owner or lessee or the most recent purchaser in motor vehicles to increase fuel efficiency, (1) IN GENERAL.—Except as provided under or lessee, as appropriate; and lower emissions, meet fuel economy standards, paragraph (2) and section 31505, the Secretary ‘‘(B) to emphasize the magnitude of the safety and enhance passenger motor vehicle safety shall issue a final rule under subsection (a) not risk caused by the defect or noncompliance in through continued utilization of the Adminis- later than 3 years after the date of enactment of such notification.’’. tration’s Plastic and Composite Intensive Vehi- this Act. SEC. 31311. EXPANDING CHOICES OF REMEDY cle Safety Roadmap (Report No. DOT HS 810 (2) REPORT.—If the Secretary determines that AVAILABLE TO MANUFACTURERS OF 863). an amendment to the standard referred to in REPLACEMENT EQUIPMENT. (3) INTRA-AGENCY COORDINATION.—The Coun- subsection (a) does not meet the requirements Section 30120 of title 49, United States Code, is cil shall coordinate with all components of the and considerations set forth in subsections (a) amended— Administration responsible for vehicle safety, in- and (b) of section 30111 of title 49, United States (1) in subsection (a)(1), by amending subpara- cluding research and development, rulemaking, Code, the Secretary shall submit a report de- graph (B) to read as follows: and defects investigation. scribing the reasons for not prescribing such a ‘‘(B) if replacement equipment, by repairing (b) HONORS RECRUITMENT PROGRAM.— standard to— the equipment, replacing the equipment with (1) ESTABLISHMENT.—The Secretary shall es- (A) the Committee on Commerce, Science, and identical or reasonably equivalent equipment, or tablish, within the National Highway Traffic Transportation of the Senate; and by refunding the purchase price.’’; Safety Administration, an honors program for (B) the Committee on Energy and Commerce (2) in the heading of subsection (i), by adding engineering students, computer science students, of the House of Representatives. ‘‘OF NEW VEHICLES OR EQUIPMENT’’ at the end; and other students interested in vehicle safety SEC. 31503. REAR SEAT BELT REMINDERS. and that will enable such students to train with en- (a) INITIATION OF RULEMAKING PROCEEDING.— (3) in the heading of subsection (j), by striking gineers and other safety officials for careers in Not later than 2 years after the date of enact- ‘‘REPLACED’’ and inserting ‘‘REPLACEMENT’’. vehicle safety. ment of this Act, the Secretary shall initiate a SEC. 31312. RECALL OBLIGATIONS AND BANK- (2) STIPEND.—The Secretary is authorized to rulemaking proceeding to amend Federal Motor RUPTCY OF MANUFACTURER. provide a stipend to any student during the stu- Vehicle Safety Standard Number 208 (relating to (a) IN GENERAL.—Chapter 301 of title 49, dent’s participation in the program established occupant crash protection) to provide a safety United States Code, is amended by inserting the under paragraph (1). belt use warning system for designated seating following after section 30120: (c) ASSESSMENT.—The Council, in consulta- positions in the rear seat. tion with affected stakeholders, shall periodi- (b) FINAL RULE.— ‘‘§ 30120A. Recall obligations and bankruptcy cally assess the implications of emerging safety (1) IN GENERAL.—Except as provided under of a manufacturer technologies in passenger motor vehicles, includ- paragraph (2) and section 31505, the Secretary ‘‘A manufacturer’s filing of a petition in ing the effect of such technologies on con- shall issue a final rule under subsection (a) not bankruptcy under chapter 11 of title 11, does not sumers, product availability, and cost. later than 3 years after the date of enactment of negate the manufacturer’s duty to comply with SEC. 31402. ELECTRONIC SYSTEMS PERFORM- this Act. section 30112 or sections 30115 through 30120 of ANCE. (2) REPORT.—If the Secretary determines that this title. In any bankruptcy proceeding, the (a) IN GENERAL.—Not later than 2 years after an amendment to the standard referred to in manufacturer’s obligations under such sections the date of enactment of this Act, the Secretary subsection (a) does not meet the requirements shall be treated as a claim of the United States shall complete an examination of the need for and considerations set forth in subsections (a) Government against such manufacturer, subject safety standards with regard to electronic sys- and (b) of section 30111 of title 49, United States to subchapter II of chapter 37 of title 31, United tems in passenger motor vehicles. In conducting Code, the Secretary shall submit a report de- States Code, and given priority pursuant to sec- this examination, the Secretary shall— scribing the reasons for not prescribing such a tion 3713(a)(1)(A) of such chapter, notwith- (1) consider the electronic components, the standard to— standing section 3713(a)(2), to ensure that con- interaction of electronic components, the secu- (A) the Committee on Commerce, Science, and sumers are adequately protected from any safety rity needs for those electronic systems to prevent Transportation of the Senate; and defect or noncompliance determined to exist in unauthorized access, and the effect of sur- (B) the Committee on Energy and Commerce the manufacturer’s products. This section shall rounding environments on the electronic sys- of the House of Representatives. apply equally to actions of a manufacturer tems; and SEC. 31504. UNATTENDED PASSENGER REMIND- taken before or after the filing of a petition in (2) allow for public comment. ERS. bankruptcy.’’. (b) REPORT.—Upon completion of the exam- (a) SAFETY RESEARCH INITIATIVE.—The Sec- (b) CONFORMING AMENDMENT.—The chapter ination under subsection (a), the Secretary shall retary may initiate research into effective ways analysis of chapter 301 of title 49, United States submit a report on the highest priority areas for to minimize the risk of hyperthermia or hypo- Code, is amended by inserting after the item re- safety with regard to the electronic systems to thermia to children or other unattended pas- lating to section 30120 the following: the Committee on Commerce, Science, and sengers in rear seating positions. (b) RESEARCH AREAS.—In carrying out sub- ‘‘30120A. Recall obligations and bankruptcy of a Transportation of the Senate and the Committee section (a), the Secretary may conduct research manufacturer.’’. on Energy and Commerce of the House of Rep- resentatives. into the potential viability of— SEC. 31313. REPEAL OF INSURANCE REPORTS (1) vehicle technology to provide an alert that AND INFORMATION PROVISION. Subtitle E—Child Safety Standards a child or unattended passenger remains in a Chapter 331 of title 49, United States Code, is SEC. 31501. CHILD SAFETY SEATS. rear seating position after the vehicle motor is amended— (a) SIDE IMPACT CRASHES.—Not later than 2 disengaged; or (1) in the chapter analysis, by striking the years after the date of enactment of this Act, (2) public awareness campaigns to educate item relating to section 33112; and the Secretary shall issue a final rule amending drivers on the risks of leaving a child or unat- (2) by striking section 33112. Federal Motor Vehicle Safety Standard Number tended passenger in a vehicle after the vehicle SEC. 31314. MONRONEY STICKER TO PERMIT AD- 213 to improve the protection of children seated motor is disengaged; or DITIONAL SAFETY RATING CAT- in child restraint systems during side impact (3) other ways to mitigate risk. EGORIES. crashes. (c) COORDINATION WITH OTHER AGENCIES.— Section 3(g)(2) of the Automobile Information (b) FRONTAL IMPACT TEST PARAMETERS.— The Secretary may collaborate with other Fed- Disclosure Act (15 U.S.C. 1232(g)(2)), is amended (1) COMMENCEMENT.—Not later than 2 years eral agencies in conducting the research under by inserting ‘‘safety rating categories that may after the date of enactment of this Act, the Sec- this section. include’’ after ‘‘refers to’’. retary shall commence a rulemaking proceeding SEC. 31505. NEW DEADLINE. Subtitle D—Vehicle Electronics and Safety to amend the standard seat assembly specifica- If the Secretary determines that any deadline Standards tions under Federal Motor Vehicle Safety for issuing a final rule under this Act cannot be SEC. 31401. NATIONAL HIGHWAY TRAFFIC SAFETY Standard Number 213 to better simulate a single met, the Secretary shall— ADMINISTRATION ELECTRONICS, representative motor vehicle rear seat. (1) provide the Committee on Commerce, SOFTWARE, AND ENGINEERING EX- (2) FINAL RULE.—Not later than 4 years after Science, and Transportation of the Senate and PERTISE. the date of enactment of this Act, the Secretary the Committee on Energy and Commerce of the (a) COUNCIL FOR VEHICLE ELECTRONICS, VEHI- shall issue a final rule pursuant to paragraph House of Representatives with an explanation CLE SOFTWARE, AND EMERGING TECHNOLOGIES.— (1). for why such deadline cannot be met; and (1) IN GENERAL.—The Secretary shall estab- SEC. 31502. CHILD RESTRAINT ANCHORAGE SYS- (2) establish a new deadline for that rule. lish, within the National Highway Traffic Safe- TEMS. Subtitle F—Improved Daytime and Nighttime ty Administration, a Council for Vehicle Elec- (a) INITIATION OF RULEMAKING PROCEEDING.— Visibility of Agricultural Equipment tronics, Vehicle Software, and Emerging Tech- Not later than 1 year after the date of enact- SEC. 31601. RULEMAKING ON VISIBILITY OF AGRI- nologies (referred to in this section as the ment of this Act, the Secretary shall initiate a CULTURAL EQUIPMENT. ‘‘Council’’) to build, integrate, and aggregate rulemaking proceeding to amend Federal Motor (a) DEFINITIONS.—In this section: the Administration’s expertise in passenger Vehicle Safety Standard Number 225 (relating to (1) AGRICULTURAL EQUIPMENT.—The term ‘‘ag- motor vehicle electronics and other new and child restraint anchorage systems) to improve ricultural equipment’’ has the meaning given emerging technologies. the ease of use for lower anchorages and tethers the term ‘‘agricultural field equipment’’ in (2) IMPLEMENTATION OF ROADMAP.—The in all rear seat seating positions if such anchor- ASABE Standard 390.4, entitled ‘‘Definitions Council shall research the inclusion of emerging ages and tethers are feasible. and Classifications of Agricultural Field Equip- lightweight plastic and composite technologies (b) FINAL RULE.— ment’’, which was published in January 2005 by

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00368 Fmt 4634 Sfmt 6333 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE June 28, 2012 CONGRESSIONAL RECORD — HOUSE H4527 the American Society of Agriculture and Bio- ‘‘(A) is willing and able to comply with— by regulation, each owner and each operator logical Engineers, or any successor standard. ‘‘(i) this part and the applicable regulations of granted new registration under section 13902 or (2) PUBLIC ROAD.—The term ‘‘public road’’ the Secretary and the Board; 31134 to undergo a safety review not later than has the meaning given the term in section ‘‘(ii) any safety regulations imposed by the 12 months after the owner or operator, as the 101(a)(27) of title 23, United States Code. Secretary; case may be, begins operations under such reg- (b) RULEMAKING.— ‘‘(iii) the duties of employers and employees istration. (1) IN GENERAL.—Not later than 2 years after established by the Secretary under section 31135; ‘‘(B) PROVIDERS OF MOTORCOACH SERVICES.— the date of enactment of this Act, the Secretary ‘‘(iv) the safety fitness requirements estab- The Secretary shall require, by regulation, each of Transportation, after consultation with rep- lished by the Secretary under section 31144; owner and each operator granted new registra- resentatives of the American Society of Agricul- ‘‘(v) the accessibility requirements established tion to transport passengers under section 13902 tural and Biological Engineers and appropriate by the Secretary under subpart H of part 37 of or 31134 to undergo a safety review not later Federal agencies, and with other appropriate title 49, Code of Federal Regulations (or suc- than 120 days after the owner or operator, as persons, shall promulgate a rule to improve the cessor regulations), for transportation provided the case may be, begins operations under such daytime and nighttime visibility of agricultural by an over-the-road bus; and registration.’’. equipment that may be operated on a public ‘‘(vi) the minimum financial responsibility re- (b) EFFECTIVE DATE.—The amendments made road. quirements established by the Secretary under by subsection (a) shall take effect 1 year after (2) MINIMUM STANDARDS.—The rule promul- sections 13906, 31138, and 31139; the date of enactment of this Act. gated pursuant to this subsection shall— ‘‘(B) has been issued a USDOT number under SEC. 32103. REINCARNATED CARRIERS. section 31134; (A) establish minimum lighting and marking (a) EFFECTIVE PERIODS OF REGISTRATION.— ‘‘(C) has disclosed any relationship involving standards for applicable agricultural equipment (1) SUSPENSIONS, AMENDMENTS, AND REVOCA- common ownership, common management, com- manufactured at least 1 year after the date on TIONS.—Section 13905(d) is amended— which such rule is promulgated; and mon control, or common familial relationship be- (A) by redesignating paragraph (2) as para- (B) provide for the methods, materials, speci- tween that person and any other motor carrier, graph (4); fications, and equipment to be employed to com- freight forwarder, or broker, or any other appli- (B) by striking paragraph (1) and inserting ply with such standards, which shall be equiva- cant for motor carrier, freight forwarder, or the following: lent to ASABE Standard 279.14, entitled ‘‘Light- broker registration, if the relationship occurred ‘‘(1) APPLICATIONS.—On application of the ing and Marking of Agricultural Equipment on in the 3-year period preceding the date of the registrant, the Secretary may amend or revoke a Highways’’, which was published in July 2008 filing of the application for registration; and registration. by the American Society of Agricultural and Bi- ‘‘(D) after the Secretary establishes a written ‘‘(2) COMPLAINTS AND ACTIONS ON SECRETARY’S ological Engineers, or any successor standard. proficiency examination pursuant to section OWN INITIATIVE.—On complaint or on the Sec- (c) REVIEW.—Not less frequently than once 32101(b) of the Commercial Motor Vehicle Safety retary’s own initiative and after notice and an every 5 years, the Secretary of Transportation Enhancement Act of 2012, has passed the writ- opportunity for a proceeding, the Secretary shall— ten proficiency examination.’’. may— (1) review the standards established pursuant (b) WRITTEN PROFICIENCY EXAMINATION.— ‘‘(A) suspend, amend, or revoke any part of Not later than 18 months after the date of en- to subsection (b); and the registration of a motor carrier, broker, or actment of this Act, the Secretary shall establish (2) revise such standards to reflect the revision freight forwarder for willful failure to comply through a rulemaking a written proficiency ex- of ASABE Standard 279 that is in effect at the with— amination for applicant motor carriers pursuant time of such review. ‘‘(i) this part; to section 13902(a)(1)(D) of title 49, United (d) LIMITATIONS.— ‘‘(ii) an applicable regulation or order of the States Code. The written proficiency examina- (1) COMPLIANCE WITH SUCCESSOR STAND- Secretary or the Board, including the accessi- tion shall test a person’s knowledge of applica- ARDS.—Any rule promulgated pursuant to this bility requirements established by the Secretary section may not prohibit the operation on public ble safety regulations, standards, and orders of under subpart H of part 37 of title 49, Code of roads of agricultural equipment that is equipped the Federal government. Federal Regulations (or successor regulations), (c) CONFORMING AMENDMENT.—Section 210(b) in accordance with any adopted revision of for transportation provided by an over-the-road of the Motor Carrier Safety Improvement Act of ASABE Standard 279 that is later than the revi- bus; or 1999 (49 U.S.C. 31144 note) is amended— sion of such standard that was referenced dur- ‘‘(iii) a condition of its registration; (1) by inserting ‘‘, commercial regulations, ing the promulgation of the rule. ‘‘(B) withhold, suspend, amend, or revoke any and provisions of subpart H of part 37 of title 49, (2) NO RETROFITTING REQUIRED.—Any rule part of the registration of a motor carrier, Code of Federal Regulations, or successor regu- promulgated pursuant to this section may not broker, or freight forwarder for failure— lations’’ after ‘‘applicable safety regulations’’; require the retrofitting of agricultural equip- ‘‘(i) to pay a civil penalty imposed under and ment that was manufactured before the date on chapter 5, 51, 149, or 311; (2) by striking ‘‘consider the establishment of’’ which the lighting and marking standards are ‘‘(ii) to arrange and abide by an acceptable and inserting ‘‘establish’’. enforceable under subsection (b)(2)(A). payment plan for such civil penalty, not later (d) TRANSPORTATION OF AGRICULTURAL COM- (3) NO EFFECT ON ADDITIONAL MATERIALS AND than 90 days after the date specified by order of MODITIES AND FARM SUPPLIES.—Section the Secretary for the payment of such penalty; EQUIPMENT.—Any rule promulgated pursuant to 229(a)(1) of the Motor Carrier Safety Improve- this section may not prohibit the operation on or ment Act of 1999 (49 U.S.C. 31136 note) is amend- ‘‘(iii) for failure to obey a subpoena issued by public roads of agricultural equipment that is ed to read as follows: equipped with materials or equipment that are the Secretary; ‘‘(1) TRANSPORTATION OF AGRICULTURAL COM- in addition to the minimum materials and equip- ‘‘(C) withhold, suspend, amend, or revoke any MODITIES AND FARM SUPPLIES.—Regulations pre- part of a registration of a motor carrier, broker, ment specified in the standard upon which such scribed by the Secretary under sections 31136 rule is based. or freight forwarder following a determination and 31502 regarding maximum driving and on- by the Secretary that the motor carrier, broker, TITLE II—COMMERCIAL MOTOR VEHICLE duty time for drivers used by motor carriers or freight forwarder failed to disclose, in its ap- SAFETY ENHANCEMENT ACT OF 2012 shall not apply during planting and harvest pe- plication for registration, a material fact rel- SEC. 32001. SHORT TITLE. riods, as determined by each State, to— evant to its willingness and ability to comply This title may be cited as the ‘‘Commercial ‘‘(A) drivers transporting agricultural com- with— Motor Vehicle Safety Enhancement Act of modities from the source of the agricultural com- ‘‘(i) this part; 2012’’. modities to a location within a 150 air-mile ra- ‘‘(ii) an applicable regulation or order of the dius from the source; SEC. 32002. REFERENCES TO TITLE 49, UNITED Secretary or the Board; or STATES CODE. ‘‘(B) drivers transporting farm supplies for ag- ‘‘(iii) a condition of its registration; or Except as otherwise expressly provided, when- ricultural purposes from a wholesale or retail ‘‘(D) withhold, suspend, amend, or revoke any ever in this title an amendment or repeal is ex- distribution point of the farm supplies to a farm part of a registration of a motor carrier, broker, pressed in terms of an amendment to, or a repeal or other location where the farm supplies are in- or freight forwarder if the Secretary finds that— of, a section or other provision, the reference tended to be used within a 150 air-mile radius ‘‘(i) the motor carrier, broker, or freight for- shall be considered to be made to a section or from the distribution point; or warder does not disclose any relationship ‘‘(C) drivers transporting farm supplies for ag- other provision of title 49, United States Code. through common ownership, common manage- ricultural purposes from a wholesale distribu- ment, common control, or common familial rela- Subtitle A—Commercial Motor Vehicle tion point of the farm supplies to a retail dis- tionship to any other motor carrier, broker, or Registration tribution point of the farm supplies within a 150 freight forwarder, or any other applicant for SEC. 32101. REGISTRATION OF MOTOR CARRIERS. air-mile radius from the wholesale distribution motor carrier, broker, or freight forwarder reg- (a) REGISTRATION REQUIREMENTS.—Section point.’’. istration that the Secretary determines is or was 13902(a)(1) is amended to read as follows: SEC. 32102. SAFETY FITNESS OF NEW OPERATORS. unwilling or unable to comply with the relevant ‘‘(1) IN GENERAL.—Except as otherwise pro- (a) SAFETY REVIEWS OF NEW OPERATORS.— requirements listed in section 13902, 13903, or vided in this section, the Secretary of Transpor- Section 31144(g)(1) is amended to read as fol- 13904 tation shall register a person to provide trans- lows: ‘‘(3) LIMITATION.—Paragraph (2)(B) shall not portation subject to jurisdiction under sub- ‘‘(1) SAFETY REVIEW.— apply to a person who is unable to pay a civil chapter I of chapter 135 as a motor carrier only ‘‘(A) IN GENERAL.—Except as provided under penalty because the person is a debtor in a case if the Secretary determines that the person— subparagraph (B), the Secretary shall require, under chapter 11 of title 11.’’; and

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00369 Fmt 4634 Sfmt 6333 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H4528 CONGRESSIONAL RECORD — HOUSE June 28, 2012 (C) in paragraph (4), as redesignated by section of an employer or person issued under sub- (3) by striking ‘‘with respect to providing tion 32103(a)(1)(A) of this Act, by striking section (a) after notice and an opportunity for transportation of passengers,’’ and inserting ‘‘or ‘‘paragraph (1)(B)’’ and inserting ‘‘paragraph a proceeding, or suspend the registration after section 13902(c) of this title,’’; and (2)(B)’’. giving notice of the suspension to the employer (4) by striking ‘‘$2,000 for each violation and (2) PROCEDURE.—Section 13905(e) is amended or person, if the Secretary determines that— each additional day the violation continues’’ by inserting ‘‘or if the Secretary determines that ‘‘(1) the employer’s or person’s authority to and inserting ‘‘$10,000 for each violation, or the registrant failed to disclose a material fact operate pursuant to chapter 139 of this title is $25,000 for each violation relating to providing in an application for registration in accordance subject to revocation or suspension under sec- transportation of passengers’’. with subsection (d)(2)(C),’’ after ‘‘registrant,’’. tions 13905(d)(1) or 13905(f) of this title; (b) TRANSPORTATION OF HAZARDOUS (b) INFORMATION SYSTEMS.—Section ‘‘(2) the employer or person has knowingly WASTES.—Section 14901(b) is amended by strik- 31106(a)(3) is amended— failed to comply with the requirements listed in ing ‘‘not to exceed $20,000’’ and inserting ‘‘not (1) in subparagraph (F), by striking ‘‘and’’ at subsection (b)(1); less than $20,000, but not to exceed $40,000’’. the end; ‘‘(3) the employer or person has not disclosed SEC. 32109. REVOCATION OF REGISTRATION FOR (2) in subparagraph (G), by striking the period any relationship through common ownership, IMMINENT HAZARD. at the end and inserting ‘‘; and’’; and common management, common control, or com- Section 13905(f)(2) is amended to read as fol- (3) by adding at the end the following: mon familial relationship to any other person or lows: ‘‘(H) determine whether a person or employer applicant for registration subject to this sub- ‘‘(2) IMMINENT HAZARD TO PUBLIC HEALTH.— is or was related, through common ownership, chapter that the Secretary determines is or was Notwithstanding subchapter II of chapter 5 of common management, common control, or com- unfit, unwilling, or unable to comply with the title 5, the Secretary shall revoke the registra- mon familial relationship, to any other person, requirements listed in subsection (b)(1); tion of a motor carrier if the Secretary finds employer, or any other applicant for registration ‘‘(4) the employer or person refused to submit that the carrier is or was conducting unsafe op- under section 13902 or 31134.’’. to the safety review required by section 31144(g) erations that are or were an imminent hazard to SEC. 32104. FINANCIAL RESPONSIBILITY RE- of this title. public health or property.’’. ‘‘(d) PERIODIC REGISTRATION UPDATE.—The QUIREMENTS. SEC. 32110. REVOCATION OF REGISTRATION AND Not later than 6 months after the date of en- Secretary may require an employer to update a OTHER PENALTIES FOR FAILURE TO actment of this Act, and every 4 years there- registration under this section not later than 30 RESPOND TO SUBPOENA. after, the Secretary shall— days after a change in the employer’s address, Section 525 is amended— (1) issue a report on the appropriateness of— other contact information, officers, process (1) by striking ‘‘subpenas’’ in the section (A) the current minimum financial responsi- agent, or other essential information, as deter- heading and inserting ‘‘subpoenas’’; bility requirements under sections 31138 and mined by the Secretary. (2) by striking ‘‘subpena’’ and inserting ‘‘sub- 31139 of title 49, United States Code; and ‘‘(e) STATE AUTHORITY.—Nothing in this sec- poena’’; (B) the current bond and insurance require- tion shall be construed as affecting the author- (3) by striking ‘‘$100’’ and inserting ‘‘$1,000’’; ments under sections 13904(f), 13903, and 13906 ity of a State to issue a Department of Trans- (4) by striking ‘‘$5,000’’ and inserting of title 49, United States Code; and portation number under State law to a person ‘‘$10,000’’; and (2) submit the report issued under paragraph operating in intrastate commerce.’’. (5) by adding at the end the following: (1) to the Committee on Commerce, Science, and (b) CONFORMING AMENDMENT.—The analysis ‘‘The Secretary may withhold, suspend, Transportation of the Senate and the Committee of chapter 311 is amended by inserting after the amend, or revoke any part of the registration of on Transportation and Infrastructure of the item relating to section 31133 the following: a person required to register under chapter 139 House of Representatives. ‘‘31134. Requirement for registration and for failing to obey a subpoena or requirement of SEC. 32105. USDOT NUMBER REGISTRATION RE- USDOT number.’’. the Secretary under this chapter to appear and QUIREMENT. SEC. 32106. REGISTRATION FEE SYSTEM. testify or produce records.’’. (a) IN GENERAL.—Chapter 311 is amended by Section 13908(d)(1) is amended by striking SEC. 32111. FLEETWIDE OUT OF SERVICE ORDER inserting after section 31133 the following: ‘‘but shall not exceed $300’’. FOR OPERATING WITHOUT RE- SEC. 32107. REGISTRATION UPDATE. QUIRED REGISTRATION. ‘‘§ 31134. Requirement for registration and Section 13902(e)(1) is amended— USDOT number (a) MOTOR CARRIER UPDATE.—Section 13902 is amended by adding at the end the following: (1) by striking ‘‘motor vehicle’’ and inserting ‘‘(a) IN GENERAL.—Upon application, and ‘‘(h) UPDATE OF REGISTRATION.— ‘‘motor carrier’’ after ‘‘the Secretary determines subject to subsections (b) and (c), the Secretary ‘‘(1) IN GENERAL.—The Secretary shall require that a’’; and shall register an employer or person subject to a registrant to update its registration under this (2) by striking ‘‘order the vehicle’’ and insert- the safety jurisdiction of this subchapter. An section not later than 30 days after a change in ing ‘‘order the motor carrier operations’’ after employer or person may operate a commercial the registrant’s address, other contact informa- ‘‘the Secretary may’’. motor vehicle in interstate commerce only if the tion, officers, process agent, or other essential SEC. 32112. MOTOR CARRIER AND OFFICER PAT- employer or person is registered by the Secretary information, as determined by the Secretary. TERNS OF SAFETY VIOLATIONS. under this section and receives a USDOT num- ‘‘(2) MOTOR CARRIERS OF PASSENGERS.—In ad- Section 31135 is amended— ber. Nothing in this section shall preclude reg- dition to the requirements of paragraph (1), the (1) by striking subsection (b) and inserting the istration by the Secretary of an employer or per- Secretary shall require a motor carrier of pas- following: son not engaged in interstate commerce. An em- sengers to update its registration information, ‘‘(b) NONCOMPLIANCE.— ployer or person subject to jurisdiction under including numbers of vehicles, annual mileage, ‘‘(1) MOTOR CARRIERS.—Two or more motor subchapter I of chapter 135 of this title shall and individuals responsible for compliance with carriers, employers, or persons shall not use apply for commercial registration under section Federal safety regulations quarterly for the first common ownership, common management, com- 13902 of this title. 2 years after being issued a registration under mon control, or common familial relationship to ‘‘(b) WITHHOLDING REGISTRATION.—The Sec- this section.’’. enable any or all such motor carriers, employers, retary shall register an employer or person (b) FREIGHT FORWARDER UPDATE.—Section or persons to avoid compliance, or mask or oth- under subsection (a) only if the Secretary deter- 13903 is amended by adding at the end the fol- erwise conceal non-compliance, or a history of mines that— lowing: non-compliance, with regulations prescribed ‘‘(1) the employer or person seeking registra- ‘‘(c) UPDATE OF REGISTRATION.—The Sec- under this subchapter or an order of the Sec- tion is willing and able to comply with the re- retary shall require a freight forwarder to up- retary issued under this subchapter. quirements of this subchapter and the regula- date its registration under this section not later ‘‘(2) PATTERN.—If the Secretary finds that a tions prescribed thereunder and chapter 51 and than 30 days after a change in the freight for- motor carrier, employer, or person engaged in a the regulations prescribed thereunder; warder’s address, other contact information, of- pattern or practice of avoiding compliance, or ‘‘(2)(A) during the 3-year period before the ficers, process agent, or other essential informa- masking or otherwise concealing noncompli- date of the filing of the application, the em- tion, as determined by the Secretary.’’. ance, with regulations prescribed under this ployer or person is not or was not related (c) BROKER UPDATE.—Section 13904 is amend- subchapter, the Secretary— through common ownership, common manage- ed by adding at the end the following: ‘‘(A) may withhold, suspend, amend, or re- ment, common control, or common familial rela- ‘‘(e) UPDATE OF REGISTRATION.—The Sec- voke any part of the motor carrier’s, employer’s, tionship to any other person or applicant for retary shall require a broker to update its reg- or person’s registration in accordance with sec- registration subject to this subchapter who, dur- istration under this section not later than 30 tion 13905 or 31134; and ing such 3-year period, is or was unfit, unwill- days after a change in the broker’s address, ‘‘(B) shall take into account such non-compli- ing, or unable to comply with the requirements other contact information, officers, process ance for purposes of determining civil penalty listed in subsection (b)(1); or agent, or other essential information, as deter- amounts under section 521(b)(2)(D). ‘‘(B) the employer or person has disclosed to mined by the Secretary.’’. ‘‘(3) OFFICERS.—If the Secretary finds, after the Secretary any relationship involving com- SEC. 32108. INCREASED PENALTIES FOR OPER- notice and an opportunity for proceeding, that mon ownership, common management, common ATING WITHOUT REGISTRATION. an officer of a motor carrier, employer, or owner control, or common familial relationship to any (a) PENALTIES.—Section 14901(a) is amended— or operator has engaged in a pattern or practice other person or applicant for registration subject (1) by striking ‘‘$500’’ and inserting ‘‘$1,000’’; of, or assisted a motor carrier, employer, or to this subchapter. (2) by striking ‘‘who is not registered under owner or operator in avoiding compliance, or ‘‘(c) REVOCATION OR SUSPENSION OF REGISTRA- this part to provide transportation of pas- masking or otherwise concealing noncompli- TION.—The Secretary shall revoke the registra- sengers,’’; ance, while serving as an officer or such motor

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00370 Fmt 4634 Sfmt 6333 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE June 28, 2012 CONGRESSIONAL RECORD — HOUSE H4529 carrier, employer, or owner or operator, the Sec- each conviction relating to the operation of a port of December 2010 titled ‘‘Investigation into retary may suspend, amend, or revoke any part commercial motor vehicle.’’. Motor Carrier Practices to Achieve Optimal of a registration granted to the officer individ- SEC. 32204. AUTHORITY TO DISQUALIFY FOREIGN Commercial Motor Vehicle Driver Performance: ually under section 13902 or 31134.’’. COMMERCIAL DRIVERS. Phase I’’. Subtitle B—Commercial Motor Vehicle Safety Section 31310 is amended by adding at the end (C) CRITERIA.—In conducting the field study, the Secretary shall ensure that— SEC. 32201. CRASHWORTHINESS STANDARDS. the following: ‘‘(k) FOREIGN COMMERCIAL DRIVERS.—A for- (i) the methodology for the field study is con- (a) IN GENERAL.—Not later than 18 months eign commercial driver shall be subject to dis- sistent, to the maximum extent possible, with the after the date of enactment of this Act, the Sec- qualification under this section.’’. laboratory-based study methodology; retary shall conduct a comprehensive analysis (ii) the data collected is representative of the on the need for crashworthiness standards on SEC. 32205. REVOCATION OF FOREIGN MOTOR drivers and motor carriers regulated by the property-carrying commercial motor vehicles CARRIER OPERATING AUTHORITY FOR FAILURE TO PAY CIVIL PEN- hours of service regulations, including those with a gross vehicle weight rating or gross vehi- ALTIES. drivers and carriers affected by the maximum cle weight of at least 26,001 pounds involved in Section 13905(d)(2), as amended by section driving time requirements; interstate commerce, including an evaluation of 32103(a) of this Act, is amended by inserting (iii) the analysis is statistically valid; and the need for roof strength, pillar strength, air ‘‘foreign motor carrier, foreign motor private (iv) the field study follows the plan for the bags, and other occupant protections standards, carrier,’’ after ‘‘registration of a motor carrier,’’ ‘‘Scheduling and Fatigue Recovery Project’’ de- and frontal and back wall standards. each place it appears. veloped by the Federal Motor Carrier Safety Ad- (b) REPORT.—Not later than 90 days after ministration. completing the comprehensive analysis under SEC. 32206. RENTAL TRUCK ACCIDENT STUDY. (D) REPORT TO CONGRESS.—Not later than subsection (a), the Secretary shall report the re- (a) DEFINITIONS.—In this section: September 30, 2013, the Secretary shall submit to sults of the analysis and any recommendations (1) RENTAL TRUCK.—The term ‘‘rental truck’’ the Committee on Transportation and Infra- to the Committee on Commerce, Science, and means a motor vehicle with a gross vehicle structure of the House of Representatives and Transportation of the Senate and the Committee weight rating of between 10,000 and 26,000 the Committee on Commerce, Science, and on Transportation and Infrastructure of the pounds that is made available for rental by a Transportation of the Senate a report detailing House of Representatives. rental truck company. (2) RENTAL TRUCK COMPANY.—The term ‘‘rent- the results of the field study. SEC. 32202. CANADIAN SAFETY RATING RECI- al truck company’’ means a person or company (b) GENERAL AUTHORITY.—Section 31137 is PROCITY. that is in the business of renting or leasing rent- amended— Section 31144 is amended by adding at the end al trucks to the public or for private use. (1) by amending the section heading to read the following: (b) STUDY.— as follows: ‘‘(h) RECOGNITION OF CANADIAN MOTOR CAR- (1) IN GENERAL.—The Secretary shall conduct RIER SAFETY FITNESS DETERMINATIONS.— ‘‘§ 31137. Electronic logging devices and brake a study of the safety of rental trucks during the ‘‘(1) If an authorized agency of the Canadian maintenance regulations’’; 7-year period ending on December 31, 2011. federal government or a Canadian Territorial or (2) by redesignating subsection (b) as sub- (2) REQUIREMENTS.—The study conducted Provincial government determines, by applying section (g); and under paragraph (1) shall— the procedure and standards prescribed by the (3) by amending (a) to read as follows: (A) evaluate available data on the number of Secretary under subsection (b) or pursuant to ‘‘(a) USE OF ELECTRONIC LOGGING DEVICES.— crashes, fatalities, and injuries involving rental an agreement under paragraph (2), that a Ca- Not later than 1 year after the date of enact- trucks and the cause of such crashes, utilizing nadian employer is unfit and prohibits the em- ment of the Commercial Motor Vehicle Safety police accident reports and other sources; ployer from operating a commercial motor vehi- Enhancement Act of 2012, the Secretary of (B) estimate the property damage and costs re- cle in Canada or any Canadian Province, the Transportation shall prescribe regulations— sulting from a subset of crashes involving rental Secretary may prohibit the employer from oper- ‘‘(1) requiring a commercial motor vehicle in- truck operations, which the Secretary believes ating such vehicle in interstate and foreign com- volved in interstate commerce and operated by a adequately reflect all crashes involving rental merce until the authorized Canadian agency de- driver subject to the hours of service and the trucks; termines that the employer is fit. record of duty status requirements under part (C) analyze State and local laws regulating ‘‘(2) The Secretary may consult and partici- 395 of title 49, Code of Federal Regulations, be rental truck companies, including safety and in- pate in negotiations with authorized officials of equipped with an electronic logging device to spection requirements; the Canadian federal government or a Canadian improve compliance by an operator of a vehicle (D) assess the rental truck maintenance pro- Territorial or Provincial government, as nec- with hours of service regulations prescribed by grams of a selection of small, medium, and large essary, to provide reciprocal recognition of each the Secretary; and rental truck companies, as selected by the Sec- country’s motor carrier safety fitness determina- ‘‘(2) ensuring that an electronic logging device retary, including the frequency of rental truck tions. An agreement shall provide, to the max- is not used to harass a vehicle operator. maintenance inspections, and compare such imum extent practicable, that each country will ‘‘(b) ELECTRONIC LOGGING DEVICE REQUIRE- programs with inspection requirements for pas- follow the procedure and standards prescribed MENTS.— senger vehicles and commercial motor vehicles; by the Secretary under subsection (b) in making ‘‘(1) IN GENERAL.—The regulations prescribed (E) include any other information available motor carrier safety fitness determinations.’’. under subsection (a) shall— regarding the safety of rental trucks; and SEC. 32203. STATE REPORTING OF FOREIGN COM- ‘‘(A) require an electronic logging device— (F) review any other information that the Sec- ‘‘(i) to accurately record commercial driver MERCIAL DRIVER CONVICTIONS. retary determines to be appropriate. EFINITION OF OREIGN OMMERCIAL hours of service; (a) D F C (c) REPORT.—Not later than 1 year after the DRIVER.—Section 31301 is amended— ‘‘(ii) to record the location of a commercial date of enactment of this Act, the Secretary motor vehicle; (1) by redesignating paragraphs (10) through shall submit a report to the Committee on Com- (14) as paragraphs (11) through (15), respec- ‘‘(iii) to be tamper resistant; and merce, Science, and Transportation of the Sen- ‘‘(iv) to be synchronized to the operation of tively; and ate and the Committee on Transportation and (2) by inserting after paragraph (9) the fol- the vehicle engine or be capable of recognizing Infrastructure of the House of Representatives when the vehicle is being operated; lowing: that contains— ‘‘(10) ‘foreign commercial driver’ means an in- ‘‘(B) allow law enforcement to access the data (1) the findings of the study conducted pursu- dividual licensed to operate a commercial motor contained in the device during a roadside in- ant to subsection (b); and vehicle by an authority outside the United spection; and (2) any recommendations for legislation that ‘‘(C) apply to a commercial motor vehicle be- States, or a citizen of a foreign country who op- the Secretary determines to be appropriate. erates a commercial motor vehicle in the United ginning on the date that is 2 years after the States.’’. Subtitle C—Driver Safety date that the regulations are published as a (b) STATE REPORTING OF CONVICTIONS.—Sec- SEC. 32301. HOURS OF SERVICE STUDY AND ELEC- final rule. tion 31311(a) is amended by adding after para- TRONIC LOGGING DEVICES. ‘‘(2) PERFORMANCE AND DESIGN STANDARDS.— graph (21) the following: (a) HOURS OF SERVICE STUDY.— The regulations prescribed under subsection (a) ‘‘(22) The State shall report a conviction of a (1) FIELD STUDY.— shall establish performance standards— foreign commercial driver by that State to the (A) IN GENERAL.—Not later than March 31, ‘‘(A) defining a standardized user interface to Federal Convictions and Withdrawal Database, 2013, the Secretary shall complete a field study aid vehicle operator compliance and law en- or another information system designated by the on the efficacy of the restart rule published on forcement review; Secretary to record the convictions. A report December 27, 2011 (in this section referred to as ‘‘(B) establishing a secure process for stand- shall include— the ‘‘2011 restart rule’’), applicable to operators ardized— ‘‘(A) for a driver holding a foreign commercial of commercial motor vehicles of property subject ‘‘(i) and unique vehicle operator identifica- driver’s license— to maximum driving time requirements of the tion; ‘‘(i) each conviction relating to the operation Secretary. ‘‘(ii) data access; of a commercial motor vehicle; and (B) REQUIREMENT.—The field study shall ex- ‘‘(iii) data transfer for vehicle operators be- ‘‘(ii) each conviction relating to the operation pand upon the results of the laboratory-based tween motor vehicles; of a non-commercial motor vehicle; and study relating to commercial motor vehicle driv- ‘‘(iv) data storage for a motor carrier; and ‘‘(B) for an unlicensed driver or a driver holder fatigue sponsored by the Federal Motor Car- ‘‘(v) data transfer and transportability for ing a foreign non-commercial driver’s license, rier Safety Administration presented in the re- law enforcement officials;

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00371 Fmt 4634 Sfmt 6333 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H4530 CONGRESSIONAL RECORD — HOUSE June 28, 2012 ‘‘(C) establishing a standard security level for SEC. 32302. DRIVER MEDICAL QUALIFICATIONS. needed to carry out section 31311(a)(25) of title an electronic logging device and related compo- (a) DEADLINE FOR ESTABLISHMENT OF NA- 49, United States Code. nents to be tamper resistant by using a method- TIONAL REGISTRY OF MEDICAL EXAMINERS.—Not SEC. 32303. COMMERCIAL DRIVER’S LICENSE NO- ology endorsed by a nationally recognized later than 1 year after the date of enactment of TIFICATION SYSTEM. standards organization; and this Act, the Secretary shall establish a national (a) IN GENERAL.—Section 31304 is amended— ‘‘(D) identifying each driver subject to the registry of medical examiners in accordance (1) by striking ‘‘An employer’’ and inserting hours of service and record of duty status re- with section 31149(d)(1) of title 49, United States the following: quirements under part 395 of title 49, Code of Code. ‘‘(a) IN GENERAL.—An employer’’; and Federal Regulations. (b) EXAMINATION REQUIREMENT FOR NATIONAL (2) by adding at the end the following: ‘‘(c) CERTIFICATION CRITERIA.— REGISTRY OF MEDICAL EXAMINERS.—Section ‘‘(b) DRIVER VIOLATION RECORDS.— ‘‘(1) IN GENERAL.—The regulations prescribed 31149(c)(1)(D) is amended to read as follows: ‘‘(1) PERIODIC REVIEW.—Except as provided in by the Secretary under this section shall estab- ‘‘(D) not later than 1 year after enactment of paragraph (3), an employer shall ascertain the lish the criteria and a process for the certifi- the Commercial Motor Vehicle Safety Enhance- driving record of each driver it employs— cation of electronic logging devices to ensure ment Act of 2012, develop requirements for a ‘‘(A) by making an inquiry at least once every that the device meets the performance require- medical examiner to be listed in the national 12 months to the appropriate State agency in ments under this section. registry under this section, including— which the driver held or holds a commercial ‘‘(2) EFFECT OF NONCERTIFICATION.—Elec- ‘‘(i) the completion of specific courses and ma- driver’s license or permit during such time pe- tronic logging devices that are not certified in terials; riod; accordance with the certification process re- ‘‘(ii) certification, including, at a minimum, ‘‘(B) by receiving occurrence-based reports of ferred to in paragraph (1) shall not be accept- self-certification, if the Secretary determines changes in the status of a driver’s record from able evidence of hours of service and record of that self-certification is necessary for sufficient 1 or more driver record notification systems that duty status requirements under part 395 of title participation in the national registry, to verify meet minimum standards issued by the Sec- 49, Code of Federal Regulations. that a medical examiner completed specific retary; or ‘‘(d) ADDITIONAL CONSIDERATIONS.—The Sec- training, including refresher courses, that the ‘‘(C) by a combination of inquiries to States retary, in prescribing the regulations described Secretary determines necessary to be listed in and reports from driver record notification sys- in subsection (a), shall consider how such regu- the national registry; tems. lations may— ‘‘(iii) an examination that requires a passing ‘‘(2) RECORD KEEPING.—A copy of the reports ‘‘(1) reduce or eliminate requirements for driv- grade; and received under paragraph (1) shall be main- ers and motor carriers to retain supporting doc- ‘‘(iv) demonstration of a medical examiner’s tained in the driver’s qualification file. umentation associated with paper-based records willingness to meet the reporting requirements ‘‘(3) EXCEPTIONS TO RECORD REVIEW REQUIRE- of duty status if— established by the Secretary;’’. MENT.—Paragraph (1) shall not apply to a driv- ‘‘(A) data contained in an electronic logging (c) ADDITIONAL OVERSIGHT OF LICENSING AU- er employed by an employer who, in any 7-day device supplants such documentation; and THORITIES.— period, is employed or used as a driver by more ‘‘(B) using such data without paper-based (1) IN GENERAL.—Section 31149(c)(1) is amend- than 1 employer— records does not diminish the Secretary’s ability ed— ‘‘(A) if the employer obtains the driver’s iden- to audit and review compliance with the Sec- (A) by amending subparagraph (E) to read as tification number, type, and issuing State of the retary’s hours of service regulations; and follows: driver’s commercial motor vehicle license; or ‘‘(2) include such measures as the Secretary ‘‘(E) require medical examiners to transmit ‘‘(B) if the information described in subpara- determines are necessary to protect the privacy electronically, on a monthly basis, the name of graph (A) is furnished by another employer and of each individual whose personal data is con- the applicant, a numerical identifier, and addi- the employer that regularly employs the driver tained in an electronic logging device. tional information contained on the medical ex- meets the other requirements under this section. ‘‘(e) USE OF DATA.— aminer’s certificate for any completed medical ‘‘(4) DRIVER RECORD NOTIFICATION SYSTEM DE- ‘‘(1) IN GENERAL.—The Secretary may utilize examination report required under section 391.43 FINED.—In this section, the term ‘driver record information contained in an electronic logging of title 49, Code of Federal Regulations, to the notification system’ means a system that auto- device only to enforce the Secretary’s motor car- chief medical examiner;’’; rier safety and related regulations, including (B) in subparagraph (F), by striking the pe- matically furnishes an employer with a report, record-of-duty status regulations. riod at the end and inserting ‘‘; and’’; and generated by the appropriate agency of a State, ‘‘(2) MEASURES TO PRESERVE CONFIDENTIALITY (C) by adding at the end the following: on the change in the status of an employee’s OF PERSONAL DATA.—The Secretary shall insti- ‘‘(G) annually review the implementation of driver’s license due to a conviction for a moving tute appropriate measures to preserve the con- commercial driver’s license requirements by not violation, a failure to appear, an accident, driv- fidentiality of any personal data contained in fewer than 10 States to assess the accuracy, va- er’s license suspension, driver’s license revoca- an electronic logging device and disclosed in the lidity, and timeliness of— tion, or any other action taken against the driv- course of an action taken by the Secretary or by ‘‘(i) the submission of physical examination ing privilege.’’. law enforcement officials to enforce the regula- reports and medical certificates to State licens- (b) STANDARDS FOR DRIVER RECORD NOTIFICA- tions referred to in paragraph (1). ing agencies; and TION SYSTEMS.—Not later than 1 year after the ‘‘(3) ENFORCEMENT.—The Secretary shall in- ‘‘(ii) the processing of the submissions by date of enactment of this Act, the Secretary stitute appropriate measures to ensure any in- State licensing agencies.’’. shall issue minimum standards for driver notifi- formation collected by electronic logging devices (2) INTERNAL OVERSIGHT POLICY.— cation systems, including standards for the ac- is used by enforcement personnel only for the (A) IN GENERAL.—Not later than 2 years after curacy, consistency, and completeness of the in- purpose of determining compliance with hours the date of enactment of this Act, the Secretary formation provided. of service requirements. shall establish an oversight policy and proce- (c) PLAN FOR NATIONAL NOTIFICATION SYS- ‘‘(f) DEFINITIONS.—In this section: dure to carry out section 31149(c)(1)(G) of title TEM.— ‘‘(1) ELECTRONIC LOGGING DEVICE.—The term 49, United States Code, as added by section (1) DEVELOPMENT.—Not later than 2 years ‘electronic logging device’ means an electronic 32302(c)(1) of this Act. after the date of enactment of this Act, the Sec- device that— (B) EFFECTIVE DATE.—The amendments made retary shall develop recommendations and a ‘‘(A) is capable of recording a driver’s hours by section 32303(c)(1) of this Act shall take effect plan for the development and implementation of of service and duty status accurately and auto- on the date the oversight policies and proce- a national driver record notification system, in- matically; and dures are established pursuant to subparagraph cluding— ‘‘(B) meets the requirements established by the (A). (A) an assessment of the merits of achieving a Secretary through regulation. (d) ELECTRONIC FILING OF MEDICAL EXAMINA- national system by expanding the Commercial ‘‘(2) TAMPER RESISTANT.—The term ‘tamper re- TION CERTIFICATES.—Section 31311(a), as Driver’s License Information System; and sistant’ means resistant to allowing any indi- amended by sections 32203(b) and 32305(b) of (B) an estimate of the fees that an employer vidual to cause an electronic device to record this Act, is amended by adding at the end the will be charged to offset the operating costs of the incorrect date, time, and location for following: the national system. changes to on-duty driving status of a commer- ‘‘(25) Not later than 5 years after the date of (2) SUBMISSION TO CONGRESS.—Not later than cial motor vehicle operator under part 395 of enactment of the Commercial Motor Vehicle 90 days after the recommendations and plan are title 49, Code of Federal Regulations, or to sub- Safety Enhancement Act of 2012, the State shall developed under paragraph (1), the Secretary sequently alter the record created by that de- establish and maintain, as part of its driver in- shall submit a report on the recommendations vice.’’. formation system, the capability to receive an and plan to the Committee on Commerce, (c) CIVIL PENALTIES.—Section 30165(a)(1) is electronic copy of a medical examiner’s certifi- Science, and Transportation of the Senate and amended by striking ‘‘or 30141 through 30147’’ cate, from a certified medical examiner, for each the Committee on Transportation and Infra- and inserting ‘‘30141 through 30147, or 31137’’. holder of a commercial driver’s license issued by structure of the House of Representatives. (d) CONFORMING AMENDMENT.—The analysis the State who operates or intends to operate in SEC. 32304. COMMERCIAL MOTOR VEHICLE OPER- for chapter 311 is amended by striking the item interstate commerce.’’. ATOR TRAINING. relating to section 31137 and inserting the fol- (e) FUNDING.—The Secretary is authorized to (a) IN GENERAL.—Section 31305 is amended by lowing: utilize funds provided under section 4101(c)(1) of adding at the end the following: ‘‘31137. Electronic logging devices and brake SAFETEA-LU (119 Stat. 1715) to support devel- ‘‘(c) STANDARDS FOR TRAINING.—Not later maintenance regulations.’’. opment of costs of the information technology than 1 year after the date of enactment of the

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00372 Fmt 4634 Sfmt 6333 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE June 28, 2012 CONGRESSIONAL RECORD — HOUSE H4531 Commercial Motor Vehicle Safety Enhancement tains under section 31309, including the posting (1) by striking ‘‘knowingly’’; and Act of 2012, the Secretary shall issue final regu- of convictions, withdrawals, and disqualifica- (2) by striking ‘‘in which’’ and inserting ‘‘that lations establishing minimum entry-level train- tions. the employer knows or should reasonably know ing requirements for an individual operating a ‘‘(24) Before renewing or issuing a commercial that’’. commercial motor vehicle— driver’s license to an individual, the State shall SEC. 32308. PROGRAM TO ASSIST VETERANS TO ‘‘(1) addressing the knowledge and skills request information pertaining to the individual ACQUIRE COMMERCIAL DRIVER’S LI- that— from the drug and alcohol clearinghouse main- CENSES. ‘‘(A) are necessary for an individual operating tained under section 31306a.’’; and (a) STUDY.— a commercial motor vehicle to safely operate a (2) by adding at the end the following: (1) IN GENERAL.—Not later than 90 days after commercial motor vehicle; and ‘‘(d) STATE COMMERCIAL DRIVER’S LICENSE the date of enactment of this Act, the Secretary, ‘‘(B) must be acquired before obtaining a com- PROGRAM PLAN.— in coordination with the Secretary of Defense, mercial driver’s license for the first time or up- ‘‘(1) IN GENERAL.—A State shall submit a plan and in consultation with the States and other grading from one class of commercial driver’s li- to the Secretary for complying with the require- relevant stakeholders, shall commence a study cense to another class; ments under this section during the period be- to assess Federal and State regulatory, eco- ‘‘(2) addressing the specific training needs of ginning on the date the plan is submitted and nomic, and administrative challenges faced by a commercial motor vehicle operator seeking ending on September 30, 2016. members and former members of the Armed passenger or hazardous materials endorsements; ‘‘(2) CONTENTS.—A plan submitted by a State Forces, who received safety training and oper- ‘‘(3) requiring effective instruction to acquire under paragraph (1) shall identify— ated qualifying motor vehicles during their serv- the knowledge, skills, and training referred to in ‘‘(A) the actions that the State will take to ad- ice, in obtaining commercial driver’s licenses (as paragraphs (1) and (2), including classroom and dress any deficiencies in the State’s commercial defined in section 31301(3) of title 49, United behind-the-wheel instruction; driver’s license program, as identified by the States Code). ‘‘(4) requiring certification that an individual Secretary in the most recent audit of the pro- (2) REQUIREMENTS.—The study under this operating a commercial motor vehicle meets the gram; and subsection shall— requirements established by the Secretary; and ‘‘(B) other actions that the State will take to (A) identify written and behind-the-wheel ‘‘(5) requiring a training provider (including a comply with the requirements under subsection safety training, qualification standards, knowl- public or private driving school, motor carrier, (a). edge and skills tests, or other operating experi- or owner or operator of a commercial motor ve- ‘‘(3) PRIORITY.— ence members of the Armed Forces must meet hicle) that offers training that results in the ‘‘(A) IMPLEMENTATION SCHEDULE.—A plan that satisfy the minimum standards prescribed issuance of a certification to an individual submitted by a State under paragraph (1) shall by the Secretary of Transportation for the oper- under paragraph (4) to demonstrate that the include a schedule for the implementation of the ation of commercial motor vehicles under section training meets the requirements of the regula- actions identified under paragraph (2). In estab- 31305 of title 49, United States Code; tions, through a process established by the Sec- lishing the schedule, the State shall prioritize (B) compare the alcohol and controlled sub- retary.’’. actions to address any deficiencies highlighted stances testing requirements for members of the (b) COMMERCIAL DRIVER’S LICENSE UNIFORM by the Secretary as critical in the most recent Armed Forces with those required for holders of STANDARDS.—Section 31308(1) is amended to audit of the program. a commercial driver’s license; read as follows: ‘‘(B) DEADLINE FOR COMPLIANCE WITH RE- (C) evaluate the cause of delays in reviewing ‘‘(1) an individual issued a commercial driv- QUIREMENTS.—A plan submitted by a State applications for commercial driver’s licenses of er’s license— under paragraph (1) shall include assurances members and former members of the Armed ‘‘(A) pass written and driving tests for the op- that the State will take the necessary actions to Forces; eration of a commercial motor vehicle that com- comply with the requirements of subsection (a) (D) identify duplicative application costs; ply with the minimum standards prescribed by not later than September 30, 2015. (E) identify residency, domicile, training and the Secretary under section 31305(a); and ‘‘(4) APPROVAL AND DISAPPROVAL.—The Sec- testing requirements, and other safety or health ‘‘(B) present certification of completion of retary shall— assessments that affect or delay the issuance of driver training that meets the requirements es- ‘‘(A) review each plan submitted under para- commercial driver’s licenses to members and tablished by the Secretary under section graph (1); former members of the Armed Forces; and 31305(c);’’. ‘‘(B)(i) approve a plan if the Secretary deter- (F) include other factors that the Secretary (c) CONFORMING AMENDMENT.—The section mines that the plan meets the requirements determines to be appropriate to meet the require- heading for section 31305 is amended to read as under this subsection and promotes the goals of ments of the study. follows: this chapter; and (b) REPORT.— (1) IN GENERAL.—Not later than 180 days after ‘‘§ 31305. General driver fitness, testing, and ‘‘(ii) disapprove a plan that the Secretary de- the commencement of the study under sub- training’’. termines does not meet the requirements or does not promote the goals. section (a), the Secretary shall submit a report (d) CONFORMING AMENDMENT.—The analysis to the Committee on Commerce, Science, and for chapter 313 is amended by striking the item ‘‘(5) MODIFICATION OF DISAPPROVED PLANS.— If the Secretary disapproves a plan under para- Transportation of the Senate and the Committee relating to section 31305 and inserting the fol- on Financial Services of the House of Represent- lowing: graph (4), the Secretary shall— ‘‘(A) provide a written explanation of the dis- atives that contains the findings and rec- ‘‘31305. General driver fitness, testing, and approval to the State; and ommendations from the study. training.’’. ‘‘(B) allow the State to modify the plan and (2) ELEMENTS.—The report under paragraph SEC. 32305. COMMERCIAL DRIVER’S LICENSE PRO- resubmit it for approval. (1) shall include— GRAM. (A) findings related to the study requirements ‘‘(6) PLAN UPDATES.—The Secretary may re- (a) IN GENERAL.—Section 31309 is amended— quire a State to review and update a plan, as under subsection (a)(2); (1) in subsection (e)(4), by amending subpara- (B) recommendations for the Federal and appropriate. graph (A) to read as follows: State legislative, regulatory, and administrative ‘‘(e) ANNUAL COMPARISON OF STATE LEVELS ‘‘(A) IN GENERAL.—The plan shall specify— actions necessary to address challenges identi- OF COMPLIANCE.—The Secretary shall annu- ‘‘(i) a date by which all States shall be oper- fied in subparagraph (A); and ally— ating commercial driver’s license information (C) a plan to implement the recommendations ‘‘(1) compare the relative levels of compliance systems that are compatible with the modernized for which the Secretary has authority. by States with the requirements under sub- information system under this section; and (c) IMPLEMENTATION.—Not later than 1 year section (a); and ‘‘(ii) that States must use the systems to re- after the date of enactment of this Act, the Sec- ‘‘(2) make the results of the comparison avail- ceive and submit conviction and disqualification retary, in consultation with the Secretary of De- able to the public.’’. data.’’; and fense and in cooperation with the States, shall (2) in subsection (f), by striking ‘‘use’’ and in- SEC. 32306. COMMERCIAL MOTOR VEHICLE DRIV- implement the recommendations identified in serting ‘‘use, subject to section 31313(a),’’. ER INFORMATION SYSTEMS. subsection (b) and establish accelerated licens- (b) REQUIREMENTS FOR STATE PARTICIPA- Section 31106(c) is amended— ing procedures to assist veterans to acquire com- TION.—Section 31311 is amended— (1) by striking the heading and inserting ‘‘(1) mercial driver’s licenses. (1) in subsection (a), as amended by section IN GENERAL.’’; (d) ACCELERATED LICENSING PROCEDURES.— 32203(b) of this Act— (2) by redesignating paragraphs (1) through The procedures established under subsection (a) (A) in paragraph (5), by striking ‘‘At least’’ (4) as subparagraphs (A) through (D); and shall be designed to be applicable to any veteran and all that follows through ‘‘regulation),’’ and (3) by adding at the end the following: who— inserting: ‘‘Not later than the time period pre- ‘‘(2) ACCESS TO RECORDS.—The Secretary may (1) is attempting to acquire a commercial driv- scribed by the Secretary by regulation,’’; and require a State, as a condition of an award of er’s license; and (B) by adding at the end the following: grant money under this section, to provide the (2) obtained, during military service, docu- ‘‘(23) Not later than 1 year after the date of Secretary access to all State licensing status and mented driving experience that, in the deter- enactment of the Commercial Motor Vehicle driver history records via an electronic informa- mination of the Secretary, makes the use of ac- Safety Enhancement Act of 2012, the State shall tion system, subject to section 2721 of title 18.’’. celerated licensing procedures appropriate. implement a system and practices for the exclu- SEC. 32307. EMPLOYER RESPONSIBILITIES. (e) DEFINITIONS.—In this section: sive electronic exchange of driver history record Section 31304, as amended by section 32303 of (1) COMMERCIAL DRIVER’S LICENSE.—The term information on the system the Secretary main- this Act, is amended in subsection (a)— ‘‘commercial driver’s license’’ has the meaning

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given that term in section 31301 of title 49, ‘‘(C) registering and authenticating persons ‘‘(e) FEES.— United States Code. required to report to the clearinghouse under ‘‘(1) AUTHORITY TO COLLECT FEES.—Except as (2) STATE.—The term ‘‘State’’ has the meaning subsection (g); provided under paragraph (3), the Secretary given that term in section 31301 of title 49, ‘‘(D) preventing the unauthorized access of may collect a reasonable, customary, and nomi- United States Code. information from the clearinghouse; nal fee from an authorized user of the clearing- (3) VETERAN.—The term ‘‘veteran’’ has the ‘‘(E) storing and transmitting data; house for a request for information from the meaning given that term in section 101 of title ‘‘(F) persons required to report to the clear- clearinghouse. 38, United States Code. inghouse under subsection (g) to timely and ac- ‘‘(2) USE OF FEES.—Fees collected under this Subtitle D—Safe Roads Act of 2012 curately submit electronic data to the clearing- subsection shall be used for the operation and SEC. 32401. SHORT TITLE. house; maintenance of the clearinghouse. This subtitle may be cited as the ‘‘Safe Roads ‘‘(G) generating timely and accurate reports ‘‘(3) LIMITATION.—The Secretary may not col- Act of 2012’’. from the clearinghouse in response to requests lect a fee from an individual requesting informa- for information by authorized users; and tion from the clearinghouse that pertains to the SEC. 32402. NATIONAL CLEARINGHOUSE FOR CONTROLLED SUBSTANCE AND AL- ‘‘(H) updating an individual’s record upon record of that individual. COHOL TEST RESULTS OF COMMER- completion of the return-to-duty process de- ‘‘(f) EMPLOYER REQUIREMENTS.— CIAL MOTOR VEHICLE OPERATORS. scribed in title 49, Code of Federal Regulations. ‘‘(1) DETERMINATION CONCERNING USE OF (a) IN GENERAL.—Chapter 313 is amended— ‘‘(3) EMPLOYER ALERT OF POSITIVE TEST RE- CLEARINGHOUSE.—The Secretary shall determine (1) in section 31306(a), by inserting ‘‘and sec- SULT.—In establishing the clearinghouse, the if an employer is authorized to use the clearing- tion 31306a’’ after ‘‘this section’’; and Secretary shall develop a secure method for elec- house to meet the alcohol and controlled sub- (2) by inserting after section 31306 the fol- tronically notifying an employer of each addi- stances testing requirements under title 49, Code lowing: tional positive test result or other noncompli- of Federal Regulations. ‘‘§ 31306a. National clearinghouse for con- ance— ‘‘(2) APPLICABILITY OF EXISTING REQUIRE- trolled substance and alcohol test results of ‘‘(A) for an employee, that is entered into the MENTS.—Each employer and service agent shall commercial motor vehicle operators clearinghouse during the 7-day period imme- continue to comply with the alcohol and controlled substances testing requirements under ‘‘(a) ESTABLISHMENT.— diately following an employer’s inquiry about ‘‘(1) IN GENERAL.—Not later than 2 years after the employee; and title 49, Code of Federal Regulations. the date of enactment of the Safe Roads Act of ‘‘(B) for an employee who is listed as having ‘‘(3) EMPLOYMENT PROHIBITIONS.—After the 2012, the Secretary of Transportation shall es- multiple employers. clearinghouse is established under subsection tablish, operate, and maintain a national clear- ‘‘(4) ARCHIVE CAPABILITY.—In establishing the (a), at a date determined to be appropriate by inghouse for records relating to alcohol and clearinghouse, the Secretary shall develop a the Secretary and published in the Federal Reg- controlled substances testing of commercial process for archiving all clearinghouse records ister, an employer shall utilize the clearinghouse motor vehicle operators. for the purposes of auditing and evaluating the to determine whether any employment prohibi- ‘‘(2) PURPOSES.—The purposes of the clearing- timeliness, accuracy, and completeness of data tions exist and shall not hire an individual to house shall be— in the clearinghouse. operate a commercial motor vehicle unless the ‘‘(A) to improve compliance with the Depart- ‘‘(5) FUTURE NEEDS.— employer determines that the individual, during ment of Transportation’s alcohol and controlled ‘‘(A) INTEROPERABILITY WITH OTHER DATA SYS- the preceding 3-year period— substances testing program applicable to com- TEMS.—In establishing the clearinghouse, the ‘‘(A) if tested for the use of alcohol and con- mercial motor vehicle operators; and Secretary shall consider— trolled substances, as required under title 49, ‘‘(B) to enhance the safety of our United ‘‘(i) the existing data systems containing regu- Code of Federal Regulations— States roadways by reducing accident and inju- latory and safety data for commercial motor ve- ‘‘(i) did not test positive for the use of alcohol ries involving the misuse of alcohol or use of hicle operators; or controlled substances in violation of the regu- controlled substances by operators of commercial ‘‘(ii) the efficacy of using or combining clear- lations; or motor vehicles. inghouse data with 1 or more of such systems; ‘‘(ii) tested positive for the use of alcohol or ‘‘(3) CONTENTS.—The clearinghouse shall and controlled substances and completed the re- function as a repository for records relating to ‘‘(iii) the potential interoperability of the quired return-to-duty process under title 49, the positive test results and test refusals of com- clearinghouse with such systems. Code of Federal Regulations; mercial motor vehicle operators and violations ‘‘(B) SPECIFIC CONSIDERATIONS.—In carrying ‘‘(B)(i) did not refuse to take an alcohol or by such operators of prohibitions set forth in out subparagraph (A), the Secretary shall deter- controlled substance test under title 49, Code of subpart B of part 382 of title 49, Code of Federal mine— Federal Regulations; or Regulations (or any subsequent corresponding ‘‘(i) the clearinghouse’s capability for inter- ‘‘(ii) refused to take an alcohol or controlled regulations). operability with— substance test and completed the required re- ‘‘(4) ELECTRONIC EXCHANGE OF RECORDS.—The ‘‘(I) the National Driver Register established turn-to-duty process under title 49, Code of Fed- Secretary shall ensure that records can be elec- under section 30302; eral Regulations; and tronically submitted to, and requested from, the ‘‘(II) the Commercial Driver’s License Infor- ‘‘(C) did not violate any other provision of clearinghouse by authorized users. mation System established under section 31309; subpart B of part 382 of title 49, Code of Federal ‘‘(5) AUTHORIZED OPERATOR.—The Secretary ‘‘(III) the Motor Carrier Management Infor- Regulations (or any subsequent corresponding may authorize a qualified private entity to oper- mation System for preemployment screening regulations). ate and maintain the clearinghouse and to col- services under section 31150; and ‘‘(4) ANNUAL REVIEW.—After the clearinghouse lect fees on behalf of the Secretary under sub- ‘‘(IV) other data systems, as appropriate; and is established under subsection (a), at a date de- section (e). The entity shall operate and main- ‘‘(ii) any change to the administration of the termined to be appropriate by the Secretary and tain the clearinghouse and permit access to current testing program, such as forms, that is published in the Federal Register, an employer driver information and records from the clear- necessary to collect data for the clearinghouse. shall request and review a commercial motor ve- inghouse in accordance with this section. ‘‘(c) STANDARD FORMATS.—The Secretary hicle operator’s record from the clearinghouse ‘‘(b) DESIGN OF CLEARINGHOUSE.— shall develop standard formats to be used— annually for as long as the commercial motor ‘‘(1) USE OF FEDERAL MOTOR CARRIER SAFETY ‘‘(1) by an authorized user of the clearing- vehicle operator is under the employ of the em- ADMINISTRATION RECOMMENDATIONS.—In estab- house to— ployer. lishing the clearinghouse, the Secretary shall ‘‘(A) request a record from the clearinghouse; ‘‘(g) REPORTING OF RECORDS.— consider— and ‘‘(1) IN GENERAL.—Beginning 30 days after the ‘‘(A) the findings and recommendations con- ‘‘(B) obtain the consent of an individual who date that the clearinghouse is established under tained in the Federal Motor Carrier Safety Ad- is the subject of a request from the clearing- subsection (a), a medical review officer, em- ministration’s March 2004 report to Congress re- house, if applicable; and ployer, service agent, and other appropriate per- quired under section 226 of the Motor Carrier ‘‘(2) to notify an individual that a positive al- son, as determined by the Secretary, shall Safety Improvement Act of 1999 (49 U.S.C. 31306 cohol or controlled substances test result, refus- promptly submit to the Secretary any record note); and ing to test, and a violation of any of the prohi- generated after the clearinghouse is initiated of ‘‘(B) the findings and recommendations con- bitions under subpart B of part 382 of title 49, an individual who— tained in the Government Accountability Of- Code of Federal Regulations (or any subsequent ‘‘(A) refuses to take an alcohol or controlled fice’s May 2008 report to Congress entitled corresponding regulations), will be reported to substances test required under title 49, Code of ‘Motor Carrier Safety: Improvements to Drug the clearinghouse. Federal Regulations; Testing Programs Could Better Identify Illegal ‘‘(d) PRIVACY.—A release of information from ‘‘(B) tests positive for alcohol or a controlled Drug Users and Keep Them off the Road.’. the clearinghouse shall— substance in violation of the regulations; or ‘‘(2) DEVELOPMENT OF SECURE PROCESSES.—In ‘‘(1) comply with applicable Federal privacy ‘‘(C) violates any other provision of subpart B establishing the clearinghouse, the Secretary laws, including the fair information practices of part 382 of title 49, Code of Federal Regula- shall develop a secure process for— under the Privacy Act of 1974 (5 U.S.C. 552a); tions (or any subsequent corresponding regula- ‘‘(A) administering and managing the clear- ‘‘(2) comply with applicable sections of the tions). inghouse in compliance with applicable Federal Fair Credit Reporting Act (15 U.S.C. 1681 et ‘‘(2) INCLUSION OF RECORDS IN CLEARING- security standards; seq.); and HOUSE.—The Secretary shall include in the ‘‘(B) registering and authenticating author- ‘‘(3) not be made to any person or entity un- clearinghouse the records of positive test results ized users of the clearinghouse; less expressly authorized or required by law. and test refusals received under paragraph (1).

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‘‘(3) MODIFICATIONS AND DELETIONS.—If the commercial driver’s licensing official of a State empted under this subsection to the extent it re- Secretary determines that a record contained in to request and receive an individual’s record lates to an action taken with respect to a com- the clearinghouse is not accurate, the Secretary from the clearinghouse if the individual is ap- mercial motor vehicle operator’s commercial shall modify or delete the record, as appro- plying for a commercial driver’s license from the driver’s license or driving record as a result of priate. State. the driver’s— ‘‘(4) NOTIFICATION.—The Secretary shall expe- ‘‘(A) CONSENT.—The Secretary may grant ac- ‘‘(A) verified positive alcohol or drug test re- ditiously notify an individual, unless such noti- cess to an individual’s record in the clearing- sult; fication would be duplicative, when— house under this paragraph without the prior ‘‘(B) refusal to provide a specimen for the test; ‘‘(A) a record relating to the individual is rewritten or electronic consent of the individual. or ceived by the clearinghouse; An individual who holds a commercial driver’s ‘‘(C) other violations of subpart B of part 382 ‘‘(B) a record in the clearinghouse relating to license shall be deemed to consent to such access of title 49, Code of Federal Regulations (or any the individual is modified or deleted, and in- by obtaining a commercial driver’s license. subsequent corresponding regulations). clude in the notification the reason for the ‘‘(B) PROTECTION OF PRIVACY OF INDIVID- ‘‘(m) DEFINITIONS.—In this section— modification or deletion; or UALS.—A chief commercial driver’s licensing of- ‘‘(1) AUTHORIZED USER.—The term ‘authorized ‘‘(C) a record in the clearinghouse relating to ficial of a State that receives an individual’s user’ means an employer, State licensing au- the individual is released to an employer and record from the clearinghouse under this para- thority, or other person granted access to the specify the reason for the release. graph shall— clearinghouse under subsection (h). ‘‘(5) DATA QUALITY AND SECURITY STANDARDS ‘‘(i) protect the privacy of the individual and ‘‘(2) CHIEF COMMERCIAL DRIVER’S LICENSING FOR REPORTING AND RELEASING.—The Secretary the confidentiality of the record; and OFFICIAL.—The term ‘chief commercial driver’s may establish additional requirements, as ap- ‘‘(ii) ensure that the information in the record licensing official’ means the official in a State propriate, to ensure that— is not divulged to any person that is not directly who is authorized to— ‘‘(A) the submission of records to the clearing- involved in assessing and evaluating the quali- ‘‘(A) maintain a record about commercial driv- house is timely and accurate; fications of the individual to operate a commer- er’s licenses issued by the State; and ‘‘(B) the release of data from the clearing- cial motor vehicle. ‘‘(B) take action on commercial driver’s li- house is timely, accurate, and released to the ‘‘(i) NATIONAL TRANSPORTATION SAFETY censes issued by the State. appropriate authorized user under this section; BOARD.—The Secretary shall establish a process ‘‘(3) CLEARINGHOUSE.—The term ‘clearing- and for the National Transportation Safety Board to house’ means the clearinghouse established ‘‘(C) an individual with a record in the clear- request and receive an individual’s record from under subsection (a). inghouse has a cause of action for any inappro- the clearinghouse if the individual is involved in ‘‘(4) COMMERCIAL MOTOR VEHICLE OPER- priate use of information included in the clear- an accident that is under investigation by the ATOR.—The term ‘commercial motor vehicle op- inghouse. National Transportation Safety Board. erator’ means an individual who— ‘‘(6) RETENTION OF RECORDS.—The Secretary ‘‘(j) ACCESS TO CLEARINGHOUSE BY INDIVID- ‘‘(A) possesses a valid commercial driver’s li- shall— UALS.— cense issued in accordance with section 31308; ‘‘(A) retain a record submitted to the clearing- ‘‘(1) IN GENERAL.—The Secretary shall estab- and house for a 5-year period beginning on the date lish a process for an individual to request and ‘‘(B) is subject to controlled substances and the record is submitted; receive information from the clearinghouse— alcohol testing under title 49, Code of Federal ‘‘(B) remove the record from the clearinghouse ‘‘(A) to determine whether the clearinghouse Regulations. at the end of the 5-year period, unless the indi- contains a record pertaining to the individual; ‘‘(5) EMPLOYER.—The term ‘employer’ means a vidual fails to meet a return-to-duty or follow- ‘‘(B) to verify the accuracy of a record; person or entity employing, or seeking to em- up requirement under title 49, Code of Federal ‘‘(C) to update an individual’s record, includ- ploy, 1 or more employees (including an indi- Regulations; and ing completing the return-to-duty process de- ‘‘(C) retain a record after the end of the 5- vidual who is self-employed) to be commercial scribed in title 49, Code of Federal Regulations; year period in a separate location for archiving motor vehicle operators. and and auditing purposes. ‘‘(6) MEDICAL REVIEW OFFICER.—The term ‘‘(D) to determine whether the clearinghouse ‘‘(h) AUTHORIZED USERS.— ‘medical review officer’ means a licensed physi- received requests for the individual’s informa- ‘‘(1) EMPLOYERS.—The Secretary shall estab- cian who is responsible for— lish a process for an employer, or an employer’s tion. ‘‘(A) receiving and reviewing a laboratory re- ‘‘(2) DISPUTE PROCEDURE.—The Secretary designated agent, to request and receive an indi- sult generated under the testing program; shall establish a procedure, including an appeal vidual’s record from the clearinghouse. ‘‘(B) evaluating a medical explanation for a process, for an individual to dispute and remedy ‘‘(A) CONSENT.—An employer may not access controlled substances test under title 49, Code of an individual’s record from the clearinghouse an administrative error in the individual’s Federal Regulations; and unless the employer— record. ‘‘(C) interpreting the results of a controlled ‘‘(i) obtains the prior written or electronic ‘‘(k) PENALTIES.— substances test. consent of the individual for access to the ‘‘(1) IN GENERAL.—An employer, employee, ‘‘(7) SECRETARY.—The term ‘Secretary’ means record; and medical review officer, or service agent who vio- the Secretary of Transportation. ‘‘(ii) submits proof of the individual’s consent lates any provision of this section shall be sub- ‘‘(8) SERVICE AGENT.—The term ‘service agent’ to the Secretary. ject to civil penalties under section 521(b)(2)(C) means a person or entity, other than an em- ‘‘(B) ACCESS TO RECORDS.—After receiving a and criminal penalties under section ployee of the employer, who provides services to request from an employer for an individual’s 521(b)(6)(B), and any other applicable civil and employers or employees under the testing pro- record under subparagraph (A), the Secretary criminal penalties, as determined by the Sec- gram. shall grant access to the individual’s record to retary. ‘‘(9) TESTING PROGRAM.—The term ‘testing the employer as expeditiously as practicable. ‘‘(2) VIOLATION OF PRIVACY.—The Secretary program’ means the alcohol and controlled sub- ‘‘(C) RETENTION OF RECORD REQUESTS.—The shall establish civil and criminal penalties, con- stances testing program required under title 49, Secretary shall require an employer to retain for sistent with paragraph (1), for an authorized Code of Federal Regulations.’’. a 3-year period— user who violates paragraph (1) or (2) of sub- (b) CONFORMING AMENDMENT.—The analysis ‘‘(i) a record of each request made by the em- section (h). for chapter 313 is amended by inserting after the ployer for records from the clearinghouse; and ‘‘(l) COMPATIBILITY OF STATE AND LOCAL item relating to section 31306 the following: LAWS.— ‘‘(ii) the information received pursuant to the ‘‘31306a. National clearinghouse for positive ‘‘(1) PREEMPTION.—Except as provided under request. controlled substance and alcohol paragraph (2), any law, regulation, order, or ‘‘(D) USE OF RECORDS.—An employer may use test results of commercial motor other requirement of a State, political subdivi- an individual’s record received from the clear- vehicle operators.’’. inghouse only to assess and evaluate whether a sion of a State, or Indian tribe related to a com- prohibition applies with respect to the indi- mercial driver’s license holder subject to alcohol Subtitle E—Enforcement vidual to operate a commercial motor vehicle for or controlled substance testing under title 49, SEC. 32501. INSPECTION DEMAND AND DISPLAY the employer. Code of Federal Regulations, that is incon- OF CREDENTIALS. ‘‘(E) PROTECTION OF PRIVACY OF INDIVID- sistent with this section or a regulation issued (a) SAFETY INVESTIGATIONS.—Section 504(c) is UALS.—An employer that receives an individ- pursuant to this section is preempted. amended— ual’s record from the clearinghouse under sub- ‘‘(2) APPLICABILITY.—The preemption under (1) by inserting ‘‘, or an employee of the re- paragraph (B) shall— paragraph (1) shall include— cipient of a grant issued under section 31102 of ‘‘(i) protect the privacy of the individual and ‘‘(A) the reporting of valid positive results this title’’ after ‘‘a contractor’’; and the confidentiality of the record; and from alcohol screening tests and drug tests; (2) by inserting ‘‘, in person or in writing’’ ‘‘(ii) ensure that information contained in the ‘‘(B) the refusal to provide a specimen for an after ‘‘proper credentials’’. record is not divulged to a person or entity that alcohol screening test or drug test; and (b) CIVIL PENALTY.—Section 521(b)(2)(E) is is not directly involved in assessing and evalu- ‘‘(C) other violations of subpart B of part 382 amended— ating whether a prohibition applies with respect of title 49, Code of Federal Regulations (or any (1) by redesignating subparagraph (E) as sub- to the individual to operate a commercial motor subsequent corresponding regulations). paragraph (E)(i); and vehicle for the employer. ‘‘(3) EXCEPTION.—A law, regulation, order, or (2) by adding at the end the following: ‘‘(2) STATE LICENSING AUTHORITIES.—The Sec- other requirement of a State, political subdivi- ‘‘(ii) PLACE OUT OF SERVICE.—The Secretary retary shall establish a process for the chief sion of a State, or Indian tribe shall not be pre- may by regulation adopt procedures for placing

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out of service the commercial motor vehicle of a ing and taking into custody of a commercial ‘‘(1) PROGRAM GOAL.—The goal of the Motor foreign-domiciled motor carrier that fails to motor vehicle or the immobilizing of a commer- Carrier Safety Assistance Program is to ensure promptly allow the Secretary to inspect and cial motor vehicle through the attachment of a that the Secretary, States, local government copy a record or inspect equipment, land, build- locking device or other mechanical or electronic agencies, and other political jurisdictions work ings, or other property.’’. means.’’. in partnership to establish programs to improve (c) HAZARDOUS MATERIALS INVESTIGATIONS.— SEC. 32505. INCREASED PENALTIES FOR EVASION motor carrier, commercial motor vehicle, and Section 5121(c)(2) is amended by inserting ‘‘, in OF REGULATIONS. driver safety to support a safe and efficient sur- person or in writing,’’ after ‘‘proper creden- (a) PENALTIES.—Section 524 is amended— face transportation system by— tials’’. (1) by striking ‘‘knowingly and willfully’’; ‘‘(A) making targeted investments to promote (d) COMMERCIAL INVESTIGATIONS.—Section (2) by inserting after ‘‘this chapter’’ the fol- safe commercial motor vehicle transportation, 14122(b) is amended by inserting ‘‘, in person or lowing: ‘‘, chapter 51, subchapter III of chapter including transportation of passengers and haz- in writing’’ after ‘‘proper credentials’’. 311 (except sections 31138 and 31139) or section ardous materials; SEC. 32502. OUT OF SERVICE PENALTY FOR DE- 31302, 31303, 31304, 31305(b), 31310(g)(1)(A), or ‘‘(B) investing in activities likely to generate NIAL OF ACCESS TO RECORDS. 31502 of this title, or a regulation issued under maximum reductions in the number and severity Section 521(b)(2)(E) is amended— any of those provisions,’’; of commercial motor vehicle crashes and fatali- (1) by inserting after ‘‘$10,000.’’ the following: (3) by striking ‘‘$200 but not more than $500’’ ties resulting from such crashes; ‘‘In the case of a motor carrier, the Secretary and inserting ‘‘$2,000 but not more than $5,000’’; ‘‘(C) adopting and enforcing effective motor may also place the violator’s motor carrier oper- and carrier, commercial motor vehicle, and driver ations out of service.’’; and (4) by striking ‘‘$250 but not more than $2,000’’ safety regulations and practices consistent with (2) by striking ‘‘such penalty’’ after ‘‘It shall and inserting ‘‘$2,500 but not more than $7,500’’. Federal requirements; and be a defense to’’ and inserting ‘‘a penalty’’. (b) EVASION OF REGULATION.—Section 14906 is ‘‘(D) assessing and improving statewide per- SEC. 32503. PENALTIES FOR VIOLATION OF OPER- amended— formance by setting program goals and meeting ATION OUT OF SERVICE ORDERS. (1) by striking ‘‘$200’’ and inserting ‘‘at least performance standards, measures, and bench- Section 521(b)(2) is amended by adding at the $2,000’’; marks.’’; end the following: (2) by striking ‘‘$250’’ and inserting ‘‘$5,000’’; (4) in paragraph (2), as redesignated— ‘‘(F) PENALTY FOR VIOLATIONS RELATING TO and (A) by striking ‘‘make a declaration of’’ in OUT OF SERVICE ORDERS.—A motor carrier or em- (3) by inserting after ‘‘a subsequent violation’’ subparagraph (I) and inserting ‘‘demonstrate’’; ployer (as defined in section 31132) that operates the following: (B) by amending subparagraph (M) to read as a commercial motor vehicle in commerce in vio- ‘‘, and may be subject to criminal penalties’’. follows: lation of a prohibition on transportation under SEC. 32506. VIOLATIONS RELATING TO COMMER- ‘‘(M) ensures participation in appropriate section 31144(c) of this title or an imminent haz- CIAL MOTOR VEHICLE SAFETY REGU- Federal Motor Carrier Safety Administration ard out of service order issued under subsection LATION AND OPERATORS. systems and other information systems by all (b)(5) of this section or section 5121(d) of this Section 521(b)(2)(D) is amended by striking appropriate jurisdictions receiving Motor Car- title shall be liable for a civil penalty not to ex- ‘‘ability to pay,’’. rier Safety Assistance Program funding;’’; ceed $25,000.’’. SEC. 32507. EMERGENCY DISQUALIFICATION FOR (C) in subparagraph (Q), by inserting ‘‘and SEC. 32504. IMPOUNDMENT AND IMMOBILIZATION IMMINENT HAZARD. dedicated sufficient resources to’’ between ‘‘es- OF COMMERCIAL MOTOR VEHICLES Section 31310(f) is amended— tablished’’ and ‘‘a program’’; FOR IMMINENT HAZARD. (1) in paragraph (1) by inserting ‘‘section 521 (D) in subparagraph (W), by striking ‘‘and’’ Section 521(b) is amended by adding at the or’’ before ‘‘section 5102’’; and after the semicolon; end the following: (2) in paragraph (2) by inserting ‘‘section 521 (E) in subparagraph (X), by striking the pe- ‘‘(15) IMPOUNDMENT OF COMMERCIAL MOTOR or’’ before ‘‘section 5102’’. riod and inserting ‘‘; and’’; and VEHICLES.— (F) by adding after subparagraph (X) the fol- SEC. 32508. DISCLOSURE TO STATE AND LOCAL ‘‘(A) ENFORCEMENT OF IMMINENT HAZARD OUT- LAW ENFORCEMENT AGENCIES. lowing: OF-SERVICE ORDERS.— Section 31106(e) is amended— ‘‘(Y) ensures that the State will transmit to its ‘‘(i) The Secretary, or an authorized State of- (1) by redesignating subsection (e) as sub- roadside inspectors the notice of each Federal ficial carrying out motor carrier safety enforce- section (e)(1); and exemption granted pursuant to section 31315(b) ment activities under section 31102, may enforce (2) by inserting at the end the following: and provided to the State by the Secretary, in- an imminent hazard out-of-service order issued ‘‘(2) IN GENERAL.—Notwithstanding any pro- cluding the name of the person granted the ex- under chapters 5, 51, 131 through 149, 311, 313, hibition on disclosure of information in section emption and any terms and conditions that or 315 of this title, or a regulation promulgated 31105(h) or 31143(b) of this title or section 552a apply to the exemption.’’; and thereunder, by towing and impounding a com- of title 5, the Secretary may disclose information (5) by amending paragraph (4), as redesig- mercial motor vehicle until the order is re- maintained by the Secretary pursuant to chap- nated, to read as follows: scinded. ters 51, 135, 311, or 313 of this title to appro- ‘‘(4) MAINTENANCE OF EFFORT.— ‘‘(ii) Enforcement shall not unreasonably priate personnel of a State agency or instrumen- ‘‘(A) IN GENERAL.—A plan submitted by a interfere with the ability of a shipper, carrier, tality authorized to carry out State commercial State under paragraph (2) shall provide that the broker, or other party to arrange for the alter- motor vehicle safety activities and commercial total expenditure of amounts of the lead State native transportation of any cargo or passenger driver’s license laws, or appropriate personnel of agency responsible for implementing the plan being transported at the time the commercial a local law enforcement agency, in accordance will be maintained at a level at least equal to motor vehicle is immobilized. In the case of a with standards, conditions, and procedures as the average level of that expenditure for fiscal commercial motor vehicle transporting pas- determined by the Secretary. Disclosure under years 2004 and 2005. sengers, the Secretary or authorized State offi- this section shall not operate as a waiver by the ‘‘(B) AVERAGE LEVEL OF STATE EXPENDI- cial shall provide reasonable, temporary, and se- Secretary of any applicable privilege against TURES.—In estimating the average level of State cure shelter and accommodations for passengers disclosure under common law or as a basis for expenditure under subparagraph (A), the Sec- in transit. compelling disclosure under section 552 of title retary— ‘‘(iii) The Secretary’s designee or an author- 5.’’. ‘‘(i) may allow the State to exclude State ex- ized State official carrying out motor carrier penditures for Government-sponsored dem- safety enforcement activities under section SEC. 32509. GRADE CROSSING SAFETY REGULA- onstration or pilot programs; and TIONS. 31102, shall immediately notify the owner of a ‘‘(ii) shall require the State to exclude State Section 112(2) of the Hazardous Materials commercial motor vehicle of the impoundment matching amounts used to receive Government Transportation Authorization Act of 1994 (Pub- and the opportunity for review of the impound- financing under this subsection. lic Law 103–311) is amended by striking ‘‘315 of ment. A review shall be provided in accordance ‘‘(C) WAIVER.—Upon the request of a State, such title (relating to motor carrier safety)’’ and with section 554 of title 5, except that the review the Secretary may waive or modify the require- inserting ‘‘311 of such title (relating to commer- shall occur not later than 10 days after the im- ments of this paragraph for 1 fiscal year, if the cial motor vehicle safety)’’. poundment. Secretary determines that a waiver is equitable ‘‘(B) ISSUANCE OF REGULATIONS.—The Sec- Subtitle F—Compliance, Safety, due to exceptional or uncontrollable cir- retary shall promulgate regulations on the use Accountability cumstances, such as a natural disaster or a seri- of impoundment or immobilization of commercial SEC. 32601. MOTOR CARRIER SAFETY ASSISTANCE ous decline in the financial resources of the motor vehicles as a means of enforcing addi- PROGRAM. State motor carrier safety assistance program tional out-of-service orders issued under chap- (a) IN GENERAL.—Section 31102(b) is amend- agency.’’. ters 5, 51, 131 through 149, 311, 313, or 315 of this ed— SEC. 32602. PERFORMANCE AND REGISTRATION title, or a regulation promulgated thereunder. (1) by amending the heading to read as fol- INFORMATION SYSTEMS MANAGE- Regulations promulgated under this subpara- lows: MENT PROGRAM. graph shall include consideration of public safe- ‘‘(b) MOTOR CARRIER SAFETY ASSISTANCE Section 31106(b) is amended by amending ty, the protection of passengers and cargo, in- PROGRAM.—’’; paragraph (3)(C) to read as follows: convenience to passengers, and the security of (2) by redesignating paragraphs (1) through ‘‘(C) establish and implement a process— the commercial motor vehicle. (3) as (2) through (4), respectively; ‘‘(i) to cancel the motor vehicle registration ‘‘(C) DEFINITION.—In this paragraph, the term (3) by inserting before paragraph (2), as redes- and seize the registration plates of a vehicle ‘impoundment’ or ’impounding’ means the seiz- ignated, the following: when an employer is found liable under section

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31310(i)(2)(C) for knowingly allowing or requir- by striking ‘‘2011 and $750,000 for the period be- (2) BUS.—The term ‘‘bus’’ has the meaning ing an employee to operate such a commercial ginning on October 1, 2011, and ending on June given the term in section 571.3(b) of title 49, motor vehicle in violation of an out-of-service 30, 2012,’’ and inserting ‘‘2014’’. Code of Federal Regulations (as in effect on the order; and (h) BORDER ENFORCEMENT GRANTS.—Section day before the date of enactment of this Act). ‘‘(ii) to reinstate the vehicle registration or re- 31107 is amended— (3) COMMERCIAL MOTOR VEHICLE.—Except as turn the registration plates of the commercial (1) by striking subsection (b); and otherwise specified, the term ‘‘commercial motor motor vehicle, subject to sanctions under clause (2) redesignating subsections (c) and (d) as vehicle’’ has the meaning given the term in sec- (i), if the Secretary permits such carrier to re- subsections (b) and (c), respectively. tion 31132(1) of title 49, United States Code. sume operations after the date of issuance of (i) ADMINISTRATION OF GRANT PROGRAMS.— (4) DIRECT TIRE PRESSURE MONITORING SYS- such order.’’. The Secretary is authorized to identify and im- TEM.—The term ‘‘direct tire pressure monitoring SEC. 32603. AUTHORIZATION OF APPROPRIA- plement processes to reduce the administrative system’’ means a tire pressure monitoring system TIONS. burden on the States and the Department of that is capable of directly detecting when the (a) MOTOR CARRIER SAFETY GRANTS.—Section Transportation concerning the application and air pressure level in any tire is significantly 31104(a) is amended— management of the grant programs authorized under-inflated and providing the driver a low (1) by striking ‘‘and’’ at the end of paragraph under chapter 311 and chapter 313 of title 49, tire pressure warning as to which specific tire is (7); United States Code. significantly under-inflated. (2) by striking paragraph (8); and SEC. 32604. GRANTS FOR COMMERCIAL DRIVER’S (5) MOTOR CARRIER.—The term ‘‘motor car- (3) by inserting after paragraph (7) the fol- LICENSE PROGRAM IMPLEMENTA- rier’’ means— lowing: TION. (A) a motor carrier (as defined in section ‘‘(8) $215,000,000 for fiscal year 2013; and (a) GRANTS FOR COMMERCIAL DRIVER’S LI- 13102(14) of title 49, United States Code); or ‘‘(9) $218,000,000 for fiscal year 2014.’’. CENSE PROGRAM IMPLEMENTATION.—Section (B) a motor private carrier (as defined in sec- (b) ADMINISTRATIVE EXPENSES.—Section 31313(a) is amended to read as follows: tion 13102(15) of that title). 31104(i)(1) is amended— ‘‘(a) COMMERCIAL DRIVER’S LICENSE PROGRAM (6) MOTORCOACH.—The term ‘‘motorcoach’’ (1) by striking ‘‘and’’ at the end of subpara- IMPROVEMENT GRANTS.— has the meaning given the term ‘‘over-the-road graph (G); and ‘‘(1) PROGRAM GOAL.—The Secretary of Trans- bus’’ in section 3038(a)(3) of the Transportation (2) by striking subparagraph (H); and portation may make a grant to a State in a fis- Equity Act for the 21st Century (49 U.S.C. 5310 (3) by inserting after subparagraph (G) the cal year— note), but does not include— following: ‘‘(A) to comply with the requirements of sec- (A) a bus used in public transportation pro- ‘‘(H) $251,000,000 for fiscal year 2013; and tion 31311; vided by, or on behalf of, a public transpor- ‘‘(I) $259,000,000 for fiscal year 2014.’’. ‘‘(B) in the case of a State that is making a tation agency; or (c) GRANT PROGRAMS.—Section 4101(c) of good faith effort toward substantial compliance (B) a school bus, including a multifunction SAFETEA-LU (119 Stat. 1715) is amended to with the requirements of this section and section school activity bus. read as follows: 31311, to improve its implementation of its com- (7) MOTORCOACH SERVICES.—The term ‘‘motor- ‘‘(c) GRANT PROGRAMS.—There are authorized mercial driver’s license program, including ex- coach services’’ means passenger transportation to be appropriated from the Highway Trust penses— by motorcoach for compensation. Fund (other than the Mass Transit Account) ‘‘(i) for computer hardware and software; (8) MULTIFUNCTION SCHOOL ACTIVITY BUS.— the following sums for the following Federal ‘‘(ii) for publications, testing, personnel, The term ‘‘multifunction school activity bus’’ Motor Carrier Safety Administration programs: training, and quality control; has the meaning given the term in section ‘‘(1) COMMERCIAL DRIVER’S LICENSE PROGRAM ‘‘(iii) for commercial driver’s license program 571.3(b) of title 49, Code of Federal Regulations IMPROVEMENT GRANTS.—For commercial driver’s coordinators; (as in effect on the day before the date of enact- license program improvement grants under sec- ‘‘(iv) to implement or maintain a system to no- ment of this Act). tion 31313 of title 49, United States Code tify an employer of an operator of a commercial (9) PORTAL.—The term ‘‘portal’’ means any $30,000,000 for each of fiscal years 2013 and 2014. motor vehicle of the suspension or revocation of opening on the front, side, rear, or roof of a mo- ‘‘(2) BORDER ENFORCEMENT GRANTS.—For bor- the operator’s commercial driver’s license con- torcoach that could, in the event of a crash in- der enforcement grants under section 31107 of sistent with the standards developed under sec- volving the motorcoach, permit the partial or such title $32,000,000 for each of fiscal years 2013 tion 32303(b) of the Commercial Motor Vehicle complete ejection of any occupant from the mo- and 2014. Safety Enhancement Act of 2012. torcoach, including a young child. ‘‘(3) PERFORMANCE AND REGISTRATION INFOR- ‘‘(2) PROHIBITIONS.—A State may not use (10) PROVIDER OF MOTORCOACH SERVICES.— MATION SYSTEM MANAGEMENT GRANT PRO- grant funds under this subsection to rent, lease, The term ‘‘provider of motorcoach services’’ GRAM.—For the performance and registration or buy land or buildings.’’. means a motor carrier that provides passenger information system management grant program (b) CONFORMING AMENDMENT.— transportation services with a motorcoach, in- under section 31109 of such title $5,000,000 for (1) The heading for section 31313 is amended cluding per-trip compensation and contracted or each of fiscal years 2013 and 2014. by striking ‘‘improvements’’ and inserting ‘‘im- chartered compensation. ‘‘(4) COMMERCIAL VEHICLE INFORMATION SYS- plementation’’. (11) PUBLIC TRANSPORTATION.—The term TEMS AND NETWORKS DEPLOYMENT.—For car- (2) The analysis of chapter 313 is amended by ‘‘public transportation’’ has the meaning given rying out the commercial vehicle information striking the item relating to section 31313 and the term in section 5302 of title 49, United States systems and networks deployment program inserting the following: Code. under section 4126 of this Act, $25,000,000 for ‘‘31313. Grants for commercial driver’s license (12) SAFETY BELT.—The term ‘‘safety belt’’ has each of fiscal years 2013 and 2014. program implementation.’’. the meaning given the term in section ‘‘(5) SAFETY DATA IMPROVEMENT GRANTS.—For SEC. 32605. COMMERCIAL VEHICLE INFORMATION 153(i)(4)(B) of title 23, United States Code. safety data improvement grants under section SYSTEMS AND NETWORKS. (13) SECRETARY.—The term ‘‘Secretary’’ means 4128 of this Act, $3,000,000 for each of fiscal Not later than 6 months after the date of en- the Secretary of Transportation. years 2013 and 2014.’’. actment of this Act, the Secretary shall submit SEC. 32703. REGULATIONS FOR IMPROVED OCCU- (d) HIGH-PRIORITY ACTIVITIES.—Section a report to the Committee on Commerce, Science, PANT PROTECTION, PASSENGER 31104(k)(2) is amended by striking ‘‘2011 and and Transportation of the Senate and the Com- EVACUATION, AND CRASH AVOID- $11,250,000 for the period beginning on October mittee on Transportation and Infrastructure of ANCE. 1, 2011, and ending on June 30, 2012,’’ and in- the House of Representatives that includes— (a) REGULATIONS REQUIRED WITHIN 1 YEAR.— serting ‘‘2014’’. (1) established time frames and milestones for Not later than 1 year after the date of enact- (e) NEW ENTRANT AUDITS.—Section resuming the Commercial Vehicle Information ment of this Act, the Secretary shall prescribe 31144(g)(5)(B) is amended to read as follows: Systems and Networks Program; and regulations requiring safety belts to be installed ‘‘(B) SET ASIDE.—The Secretary shall set aside (2) a strategic workforce plan for its grants in motorcoaches at each designated seating posi- from amounts made available by section 31104(a) management office to ensure that it has deter- tion. up to $32,000,000 per fiscal year for audits of mined the skills and competencies that are crit- (b) REGULATIONS REQUIRED WITHIN 2 new entrant motor carriers conducted pursuant ical to achieving its mission goals. YEARS.—Not later than 2 years after the date of to this paragraph.’’. enactment of this Act, the Secretary shall pre- Subtitle G—Motorcoach Enhanced Safety Act (f) OUTREACH AND EDUCATION.—Section scribe regulations that address the following of 2012 4127(e) of SAFETEA-LU (119 Stat. 1741) is commercial motor vehicle standards, if the Sec- amended to read as follows: SEC. 32701. SHORT TITLE. retary determines that such standards meet the ‘‘(e) FUNDING.—From amounts made available This subtitle may be cited as the ‘‘Motorcoach requirements and considerations set forth in under section 31104(i) of title 49, United States Enhanced Safety Act of 2012’’. subsections (a) and (b) of section 30111 of title Code, the Secretary shall make available SEC. 32702. DEFINITIONS. 49, United States Code: $4,000,000 to the Federal Motor Carrier Safety In this subtitle: (1) ROOF STRENGTH AND CRUSH RESISTANCE.— Administration for each of fiscal years 2013 and (1) ADVANCED GLAZING.—The term ‘‘advanced The Secretary shall establish improved roof and 2014 to carry out this section (other than sub- glazing’’ means glazing installed in a portal on roof support standards for motorcoaches that section (f)).’’. the side or the roof of a motorcoach that is de- substantially improve the resistance of motor- (g) GRANT PROGRAM FOR COMMERCIAL MOTOR signed to be highly resistant to partial or com- coach roofs to deformation and intrusion to pre- VEHICLE OPERATORS.—Section 4134(c) of plete occupant ejection in all types of motor ve- vent serious occupant injury in rollover crashes SAFETEA-LU (49 U.S.C. 31301 note) is amended hicle crashes. involving motorcoaches.

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(2) ANTI-EJECTION SAFETY COUNTER- SEC. 32704. FIRE PREVENTION AND MITIGATION. ‘‘(i) determine the safety fitness of each motor MEASURES.—The Secretary shall consider requir- (a) RESEARCH AND TESTING.—The Secretary carrier of passengers who the Secretary registers ing advanced glazing standards for each motor- shall conduct research and testing to determine under section 13902 or 31134 through a simple coach portal and shall consider other portal im- the most prevalent causes of motorcoach fires and understandable rating system that allows provements to prevent partial and complete ejec- and the best methods to prevent such fires and passengers to compare the safety performance of tion of motorcoach passengers, including chil- to mitigate the effect of such fires, both inside each such motor carrier; and dren. In prescribing such standards, the Sec- and outside the motorcoach. Such research and ‘‘(ii) assign a safety fitness rating to each retary shall consider the impact of such stand- testing shall consider flammability of exterior such motor carrier. ards on the use of motorcoach portals as a components, smoke suppression, prevention of ‘‘(B) APPLICABILITY.—Subparagraph (A) shall means of emergency egress. and resistance to wheel well fires, automatic fire apply— (3) ROLLOVER CRASH AVOIDANCE.—The Sec- suppression, passenger evacuation, causation ‘‘(i) to any provider of motorcoach services retary shall consider requiring motorcoaches to and prevention of motorcoach fires, and im- registered with the Administration after the date be equipped with stability enhancing tech- proved fire extinguishers. of enactment of the Motorcoach Enhanced Safe- nology, such as electronic stability control and (b) STANDARDS.—Not later than 3 years after ty Act of 2012 beginning not later than 2 years torque vectoring, to reduce the number and fre- the date of enactment of this Act, the Secretary after the date of such registration; and quency of rollover crashes among motorcoaches. may issue fire prevention and mitigation stand- ‘‘(ii) to any provider of motorcoach services (c) COMMERCIAL MOTOR VEHICLE TIRE PRES- ards for motorcoaches, based on the results of registered with the Administration on or before SURE MONITORING SYSTEMS.—Not later than 3 the Secretary’s research and testing, taking into the date of enactment of that Act beginning not years after the date of enactment of this Act, account highway size and weight restrictions later than 3 years after the date of enactment of the Secretary shall prescribe the following com- applicable to motorcoaches, if the Secretary de- that Act. ‘‘(2) PERIODIC REVIEW.—The Secretary shall mercial vehicle regulation: termines that such standards meet the require- establish, by regulation, a process for moni- (1) IN GENERAL.—The Secretary shall consider ments and considerations set forth in sub- toring the safety performance of each motor car- requiring motorcoaches to be equipped with di- sections (a) and (b) of section 30111 of title 49, rier of passengers on a regular basis following rect tire pressure monitoring systems that warn United States Code. the assignment of a safety fitness rating, includ- the operator of a commercial motor vehicle when SEC. 32705. OCCUPANT PROTECTION, COLLISION ing progressive intervention to correct unsafe any tire exhibits a level of air pressure that is AVOIDANCE, FIRE CAUSATION, AND practices. below a specified level of air pressure estab- FIRE EXTINGUISHER RESEARCH AND ‘‘(3) ENFORCEMENT STRIKE FORCES.—In addi- lished by the Secretary, if the Secretary deter- TESTING. tion to the enhanced monitoring and enforce- mines that such standards meet the require- (a) SAFETY RESEARCH INITIATIVES.—Not later ment actions required under paragraph (2), the ments and considerations set forth in sub- than 3 years after the date of enactment of this Secretary may organize special enforcement sections (a) and (b) of section 30111 of title 49, Act, the Secretary shall complete the following strike forces targeting motor carriers of pas- United States Code. research and testing: (1) INTERIOR IMPACT PROTECTION.—The Sec- sengers. (2) PERFORMANCE REQUIREMENTS.—In any retary shall research and test enhanced occu- ‘‘(4) PERIODIC UPDATE OF SAFETY FITNESS RAT- standard adopted under paragraph (1), the Sec- pant impact protection technologies for motor- ING.—In conducting the safety reviews required retary shall include performance requirements coach interiors to reduce serious injuries for all under this subsection, the Secretary shall— to meet the objectives identified in paragraph (1) passengers of motorcoaches. ‘‘(A) reassess the safety fitness rating of each of this subsection. (2) COMPARTMENTALIZATION SAFETY COUNTER- motor carrier of passengers not less frequently (d) TIRE PERFORMANCE STANDARD.—Not later MEASURES.—The Secretary shall research and than once every 3 years; and than 3 years after the date of enactment of this test enhanced compartmentalization safety ‘‘(B) annually assess the safety fitness of cer- Act, the Secretary shall consider— countermeasures for motorcoaches, including tain motor carriers of passengers that serve pri- (1) issuing a rule to upgrade performance enhanced seating designs. marily urban areas with high passenger loads.’’. standards for tires used on motorcoaches, in- (3) COLLISION AVOIDANCE SYSTEMS.—The Sec- (b) DISCLOSURE OF SAFETY PERFORMANCE cluding an enhanced endurance test and a new retary shall research and test forward and lat- RATINGS OF MOTORCOACH SERVICES AND OPER- high-speed performance test; or eral crash warning systems applications for ATIONS.— (2) if the Secretary determines that a standard motorcoaches. (1) DEFINITIONS.—In this subsection: (A) MOTORCOACH.— does not meet the requirements and consider- (b) RULEMAKING.—Not later than 2 years after (i) IN GENERAL.—Except as provided in clause ations set forth in subsections (a) and (b) of sec- the completion of each research and testing ini- (ii), the term ‘‘motorcoach’’ has the meaning tion 30111 of title 49, United States Code, submit tiative required under subsection (a), the Sec- given the term ‘‘over-the-road bus’’ in section a report that describes the reasons for not pre- retary shall issue final motor vehicle safety 3038(a)(3) of the Transportation Equity Act for scribing such a standard to— standards if the Secretary determines that such the 21st Century (49 U.S.C. 5310 note). (A) the Committee on Commerce, Science, and standards meet the requirements and consider- (ii) EXCLUSIONS.—The term ‘‘motorcoach’’ Transportation of the Senate; ations set forth in subsections (a) and (b) of sec- does not include— (B) the Committee on Transportation and In- tion 30111 of title 49, United States Code. frastructure of the House of Representatives; (I) a bus used in public transportation that is SEC. 32706. CONCURRENCE OF RESEARCH AND and provided by a State or local government; or RULEMAKING. (II) a school bus (as defined in section (C) the Committee on Energy and Commerce of (a) REQUIREMENTS.—To the extent feasible, the House of Representatives. 30125(a)(1) of title 49, United States Code), in- the Secretary shall ensure that research pro- cluding a multifunction school activity bus. (e) APPLICATION OF REGULATIONS.— grams are carried out concurrently, and in a (B) MOTORCOACH SERVICES AND OPERATIONS.— (1) NEW MOTORCOACHES.—Any regulation pre- manner that concurrently assesses results, po- The term ‘‘motorcoach services and operations’’ scribed in accordance with subsection (a), (b), tential countermeasures, costs, and benefits. means passenger transportation by a motor- (c), or (d) shall— (b) AUTHORITY TO COMBINE RULEMAKINGS.— coach for compensation. (A) apply to all motorcoaches manufactured When considering each of the rulemaking provi- (2) REQUIREMENTS FOR THE DISCLOSURE OF more than 3 years after the date on which the sions, the Secretary may initiate a single rule- SAFETY PERFORMANCE RATINGS OF MOTORCOACH regulation is published as a final rule; making proceeding encompassing all aspects or SERVICES AND OPERATIONS.— (B) take into account the impact to seating may combine the rulemakings as the Secretary (A) IN GENERAL.—Not later than 1 year after capacity of changes to size and weight of deems appropriate. the date of enactment of this Act, the Secretary motorcoaches and the ability to comply with (c) CONSIDERATIONS.—If the Secretary under- shall establish, through notice and opportunity State and Federal size and weight requirements; takes separate rulemaking proceedings, the Sec- for public to comment, requirements to improve and retary shall— the accessibility to the public of safety rating in- (C) be based on the best available science. (1) consider whether each added aspect of formation of motorcoach services and oper- (2) RETROFIT ASSESSMENT FOR EXISTING rulemaking may contribute to addressing the ations. MOTORCOACHES.— safety need determined to require rulemaking; (B) DISPLAY.—In establishing the require- (A) IN GENERAL.—The Secretary may assess (2) consider the benefits obtained through the ments under subparagraph (A), the Secretary the feasibility, benefits, and costs with respect safety belts rulemaking in section 32703(a); and shall consider requirements for each motor car- to the application of any requirement estab- (3) avoid duplicative benefits, costs, and coun- rier that owns or leases 1 or more motorcoaches lished under subsection (a) or (b)(2) to termeasures. that transport passengers subject to the Sec- motorcoaches manufactured before the date on SEC. 32707. IMPROVED OVERSIGHT OF MOTOR- retary’s jurisdiction under section 13501 of title which the requirement applies to new COACH SERVICE PROVIDERS. 49, United States Code, to prominently display motorcoaches under paragraph (1). (a) SAFETY REVIEWS.—Section 31144, as safety fitness information pursuant to section (B) REPORT.—The Secretary shall submit a re- amended by section 32202 of this Act, is amended 31144 of title 49, United States Code— port on the assessment to the Committee on by adding at the end the following: (i) in each terminal of departure; Commerce, Science, and Transportation of the ‘‘(i) PERIODIC SAFETY REVIEWS OF OWNERS (ii) in the motorcoach and visible from a posi- Senate and the Committee on Transportation AND OPERATORS OF INTERSTATE FOR-HIRE COM- tion exterior to the vehicle at the point of depar- and Infrastructure and the Committee on En- MERCIAL MOTOR VEHICLES DESIGNED OR USED ture, if the motorcoach does not depart from a ergy and Commerce of the House of Representa- TO TRANSPORT PASSENGERS.— terminal; and tives not later than 2 years after the date of en- ‘‘(1) SAFETY REVIEW.— (iii) at all points of sale for such motorcoach actment of this Act. ‘‘(A) IN GENERAL.—The Secretary shall— services and operations.

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REPORT ON FEASIBILITY, BENEFITS, operate under a Federal exemption or grand- (A) was authorized under State law on or be- AND COSTS OF ESTABLISHING A SYS- father right, in comparison to vehicles that do fore the date of enactment of this Act; and TEM OF CERTIFICATION OF TRAIN- not operate in excess of Federal law and regula- (B) was in actual and lawful operation on a ING PROGRAMS. tions (other than vehicles with exemptions or regular or periodic basis (including seasonal op- Not later than 2 years after the date of enact- grandfather rights); erations) on or before the date of enactment of ment of this Act, the Secretary of Transpor- (2) evaluate the impacts to the infrastructure this Act; tation shall submit a report to the Committee on in each State that allows a vehicle to operate (2) a list for each State, as applicable, that de- Commerce, Science, and Transportation of the with size and weight limits that are in excess of scribes— Senate and the Committee on Transportation the Federal law and regulations, or to operate (A) the size and weight limitations applicable and Infrastructure of the House of Representa- under a Federal exemption or grandfather right, to each segment of the National Highway Sys- tives that describes the feasibility, benefits, and in comparison to vehicles that do not operate in tem in that State as listed under paragraph (1); costs of establishing a system of certification of excess of Federal law and regulations (other (B) each combination that exceeds the Inter- public and private schools and of motor carriers than vehicles with exemptions or grandfather state weight limit, but that the Department of and motorcoach operators that provide motor- rights), including— Transportation, other Federal agency, or a coach driver training. (A) the cost and benefits of the impacts in dol- State agency has determined on or before the SEC. 32709. COMMERCIAL DRIVER’S LICENSE PAS- lars; date of enactment of this Act, could be or could SENGER ENDORSEMENT REQUIRE- (B) the percentage of trucks operating in ex- have been lawfully operated in the State; and MENTS. cess of the Federal size and weight limits; and (C) each combination that exceeds the Inter- (a) IN GENERAL.—Not later than 2 years after (C) the ability of each State to recover the cost state weight limit, but that the Secretary deter- the date of enactment of this Act, the Secretary for the impacts, or the benefits incurred; mines could have been lawfully operated on a of Transportation shall review and assess the (3) evaluate the frequency of violations in ex- non-Interstate segment of the National Highway current knowledge and skill testing require- cess of the Federal size and weight law and reg- System in the State on or before the date of en- ments for a commercial driver’s license pas- ulations, the cost of the enforcement of the law actment of this Act; and senger endorsement to determine what improve- and regulations, and the effectiveness of the en- (3) a list of each State law that designates or ments to the knowledge test, the examination of forcement methods; allows designation of size and weight limitations driving skills, and the application of such re- (4) assess the impacts that vehicles that oper- in excess of Federal law and regulations on quirements are necessary to ensure the safe op- ate with size and weight limits in excess of the routes of the National Highway System, includ- eration of commercial motor vehicles designed or Federal law and regulations, or that operate ing nondivisible loads. used to transport passengers. under a Federal exemption or grandfather right, (b) SPECIFICATIONS.—The Secretary, in con- (b) REPORT.—Not later than 120 days after in comparison to vehicles that do not operate in sultation with the States, shall specify whether completion of the review and assessment under excess of Federal law and regulations (other the determinations under paragraphs (1) and (2) subsection (a), the Secretary of Transportation than vehicles with exemptions or grandfather of subsection (a) were made by the Department shall submit to the Committee on Transportation rights), have on bridges, including the impacts of Transportation, other Federal agency, or a and Infrastructure of the House of Representa- resulting from the number of bridge loadings; State agency. tives and the Committee on Commerce, Science, (5) compare and contrast the potential safety (c) REPORT.—Not later than 2 years after the and Transportation of the Senate— and infrastructure impacts of the current Fed- date of enactment of this Act, the Secretary (1) a report on the review and assessment con- eral law and regulations regarding truck size shall submit a final report of the compilation ducted under subsection (a); and weight limits in relation to— under subsection (a) to the Committee on Com- (2) a plan to implement any changes to the (A) six-axle and other alternative configura- merce, Science, and Transportation and the knowledge and skills tests; and tions of tractor-trailers; and Committee on Environment and Public Works of (3) a timeframe by which the Secretary will (B) where available, safety records of foreign the Senate and the Committee on Transpor- implement the changes. nations with truck size and weight limits and tation and Infrastructure of the House of Rep- SEC. 32710. SAFETY INSPECTION PROGRAM FOR tractor-trailer configurations that differ from resentatives. COMMERCIAL MOTOR VEHICLES OF the Federal law and regulations; and Subtitle I—Miscellaneous PASSENGERS. (6) estimate— Not later than 3 years after the date of enact- (A) the extent to which freight would likely be PART I—MISCELLANEOUS ment of this Act, the Secretary of Transpor- diverted from other surface transportation SEC. 32911. PROHIBITION OF COERCION. tation shall complete a rulemaking proceeding modes to principal arterial routes and National Section 31136(a) is amended by— to consider requiring States to establish a pro- Highway System intermodal connectors if alter- (1) striking ‘‘and’’ at the end of paragraph gram for annual inspections of commercial native truck configuration is allowed to operate (3); motor vehicles designed or used to transport and the effect that any such diversion would (2) striking the period at the end of paragraph passengers, including an assessment of— have on other modes of transportation; (4) and inserting ‘‘; and’’; and (1) the risks associated with improperly main- (B) the effect that any such diversion would (3) adding after subsection (4) the following: tained or inspected commercial motor vehicles have on public safety, infrastructure, cost re- ‘‘(5) an operator of a commercial motor vehicle designed or used to transport passengers; sponsibilities, fuel efficiency, freight transpor- is not coerced by a motor carrier, shipper, re- (2) the effectiveness of existing Federal stand- tation costs, and the environment; ceiver, or transportation intermediary to operate ards for the inspection of such vehicles in— (C) the effect on the transportation network a commercial motor vehicle in violation of a reg- (A) mitigating the risks described in para- of the United States that allowing alternative ulation promulgated under this section, or chap- graph (1); and truck configuration to operate would have; and ter 51 or chapter 313 of this title.’’. (B) ensuring the safe and proper operation (D) whether allowing alternative truck con- SEC. 32912. MOTOR CARRIER SAFETY ADVISORY condition of such vehicles; and figuration to operate would result in an increase COMMITTEE. (3) the costs and benefits of a mandatory in- or decrease in the total number of trucks oper- Section 4144(d) of the Safe, Accountable, spection program. ating on principal arterial routes and National Flexible, Efficient Transportation Equity Act: A SEC. 32711. REGULATIONS. Highway System intermodal connectors; and Legacy for Users (49 U.S.C. 31100 note), is Any standard or regulation prescribed or (7) identify all Federal rules and regulations amended by striking ‘‘June 30, 2012’’ and insert- modified pursuant to the Motorcoach Enhanced impacted by changes in truck size and weight ing ‘‘September 30, 2013’’. Safety Act of 2012 shall be prescribed or modi- limits. SEC. 32913. WAIVERS, EXEMPTIONS, AND PILOT fied in accordance with section 553 of title 5, (b) REPORT.—Not later than 2 years after the PROGRAMS. United States Code. date that the study is commenced under sub- (a) EXEMPTION STANDARDS.—Section section (a), the Secretary shall submit a final re- 31315(b)(4) is amended— Subtitle H—Safe Highways and port on the study, including all findings and (1) in subparagraph (A), by inserting ‘‘(or, in Infrastructure Preservation recommendations, to the Committee on Com- the case of a request for an exemption from the SEC. 32801. COMPREHENSIVE TRUCK SIZE AND merce, Science, and Transportation and the physical qualification standards for commercial WEIGHT LIMITS STUDY. Committee on Environment and Public Works of motor vehicle drivers, post on a web site estab- (a) TRUCK SIZE AND WEIGHT LIMITS STUDY.— the Senate and the Committee on Transpor- lished by the Secretary to implement the require- Not later than 45 days after the date of enact- tation and Infrastructure of the House of Rep- ments of section 31149)’’ after ‘‘Federal Reg- ment of this Act, the Secretary, in consultation resentatives. ister’’; with each relevant State and other applicable SEC. 32802. COMPILATION OF EXISTING STATE (2) by amending subparagraph (B) to read as Federal agencies, shall commence a comprehen- TRUCK SIZE AND WEIGHT LIMIT follows: sive truck size and weight limits study. The LAWS. ‘‘(B) UPON GRANTING A REQUEST.—Upon study shall— (a) IN GENERAL.—Not later than 90 days after granting a request and before the effective date (1) provide data on accident frequency and the date of enactment of this Act, the Secretary, of the exemption, the Secretary shall publish in evaluate factors related to accident risk of vehi- in consultation with the States, shall begin to the Federal Register (or, in the case of an ex- cles that operate with size and weight limits compile— emption from the physical qualification stand- that are in excess of the Federal law and regu- (1) a list for each State, as applicable, that de- ards for commercial motor vehicle drivers, post lations in each State that allows vehicles to op- scribes each route of the National Highway Sys- on a web site established by the Secretary to im- erate with size and weight limits that are in ex- tem that allows a vehicle to operate in excess of plement the requirements of section 31149) the cess of the Federal law and regulations, or to the Federal truck size and weight limits that— name of the person granted the exemption, the

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Availability of information.’’. subsection (a) shall only remain in effect while (b) PROVIDING NOTICE OF EXEMPTIONS TO SEC. 32915. ADDITIONAL MOTOR CARRIER REG- the broker for transportation is in compliance STATE PERSONNEL.—Section 31315(b)(7) is ISTRATION REQUIREMENTS. with section 13906(b). amended to read as follows: Section 13902, as amended by sections 32101 ‘‘(c) EXPERIENCE OR TRAINING REQUIRE- ‘‘(7) NOTIFICATION OF STATE COMPLIANCE AND and 32107(a) of this Act, is amended–– MENTS.—Each broker shall employ, as an offi- ENFORCEMENT PERSONNEL.—Before the effective (1) in subsection (a)— cer, an individual who–– date of an exemption, the Secretary shall notify (A) in paragraph (1), by inserting ‘‘using self- ‘‘(1) has at least 3 years of relevant experi- a State safety compliance and enforcement propelled vehicles the motor carrier owns, rents, ence; or agency, and require the agency to notify the or leases’’ after ‘‘motor carrier’’; and ‘‘(2) provides the Secretary with satisfactory State’s roadside inspectors, that a person will be (B) by adding at the end the following: evidence of the individual’s knowledge of re- operating pursuant to an exemption and the ‘‘(6) SEPARATE REGISTRATION REQUIRED.—A lated rules, regulations, and industry prac- terms and conditions that apply to the exemp- motor carrier may not broker transportation tices.’’; tion.’’. services unless the motor carrier has registered (4) by amending subsection (d), as redesig- (c) PILOT PROGRAMS.—Section 31315(c)(1) is as a broker under this chapter.’’; and nated, to read as follows: amended by striking ‘‘in the Federal Register’’. (2) by inserting after subsection (h) the fol- ‘‘(d) REGISTRATION AS MOTOR CARRIER RE- (d) REPORT TO CONGRESS.—Section 31315 is lowing: QUIRED.— amended by adding after subsection (d) the fol- ‘‘(i) REGISTRATION AS FREIGHT FORWARDER OR ‘‘(1) IN GENERAL.—A broker for transportation lowing: BROKER REQUIRED.—A motor carrier registered may not provide transportation as a motor car- ‘‘(e) REPORT TO CONGRESS.—The Secretary under this chapter–– rier unless the broker has registered separately shall submit an annual report to the Committee ‘‘(1) may only provide transportation of prop- under this chapter to provide transportation as on Commerce, Science, and Transportation of erty with— a motor carrier. the Senate and the Committee on Transpor- ‘‘(A) self-propelled motor vehicles owned or ‘‘(2) LIMITATION.—This subsection does not tation and Infrastructure of the House of Rep- leased by the motor carrier; or apply to a motor carrier registered under this resentatives listing the waivers, exemptions, and ‘‘(B) interchanges under regulations issued by chapter or to an employee or agent of the motor pilot programs granted under this section, and the Secretary if the originating carrier— carrier to the extent the transportation is to be any impacts on safety. ‘‘(i) physically transports the cargo at some provided entirely by the motor carrier, with ‘‘(f) WEB SITE.—The Secretary shall ensure point; and other registered motor carriers, or with rail or that the Federal Motor Carrier Safety Adminis- ‘‘(ii) retains liability for the cargo and for water carriers.’’; and tration web site includes a link to the web site payment of interchanged carriers; and (5) by amending subsection (e), as redesig- established by the Secretary to implement the re- ‘‘(2) may not arrange transportation described nated, to read as follows: quirements under sections 31149 and 31315. The in paragraph (1) unless the motor carrier has ‘‘(e) REGULATION TO PROTECT MOTOR CAR- link shall be in a clear and conspicuous location obtained a separate registration as a freight for- RIERS AND SHIPPERS.—Regulations of the Sec- on the home page of the Federal Motor Carrier warder or broker for transportation under secretary applicable to brokers registered under Safety Administration web site and be easily action 13903 or 13904, as applicable.’’. this section shall provide for the protection of cessible to the public.’’. SEC. 32916. REGISTRATION OF FREIGHT FOR- motor carriers and shippers by motor vehicle.’’. SEC. 32914. REGISTRATION REQUIREMENTS. WARDERS AND BROKERS. SEC. 32917. EFFECTIVE PERIODS OF REGISTRA- (a) REQUIREMENTS FOR REGISTRATION.—Sec- (a) REGISTRATION OF FREIGHT FORWARDERS.— TION. tion 13901 is amended to read as follows: Section 13903, as amended by section 32107(b) of Section 13905(c) is amended to read as follows: ‘‘§ 13901. Requirements for registration this Act, is amended— ‘‘(c) EFFECTIVE PERIOD.— (1) in subsection (a)— ‘‘(a) IN GENERAL.—A person may provide ‘‘(1) IN GENERAL.—Except as otherwise pro- (A) by striking ‘‘finds that the person is fit’’ transportation as a motor carrier subject to ju- vided in this part, each registration issued and inserting the following: ‘‘determines that risdiction under subchapter I of chapter 135 or under section 13902, 13903, or 13904— the person–– service as a freight forwarder subject to jurisdic- ‘‘(A) shall be effective beginning on the date ‘‘(1) has sufficient experience to qualify the tion under subchapter III of such chapter, or specified by the Secretary; and person to act as a freight forwarder; and service as a broker for transportation subject to ‘‘(B) shall remain in effect for such period as ‘‘(2) is fit’’; and jurisdiction under subchapter I of such chapter (B) by striking ‘‘and the Board’’; the Secretary determines appropriate by regula- only if the person is registered under this chap- (2) by redesignating subsections (b) and (c) as tion. ter to provide such transportation or service. subsections (d) and (e), respectively; ‘‘(2) REISSUANCE OF REGISTRATION.— ‘‘(b) REGISTRATION NUMBERS.— (3) by inserting after subsection (a) the fol- ‘‘(A) REQUIREMENT.—Not later than 4 years ‘‘(1) IN GENERAL.—If the Secretary registers a lowing: after the date of enactment of the Commercial person under this chapter to provide transpor- ‘‘(b) DURATION.—A registration issued under Motor Vehicle Safety Enhancement Act of 2012, tation or service, including as a motor carrier, subsection (a) shall only remain in effect while the Secretary shall require a freight forwarder freight forwarder, or broker, the Secretary shall the freight forwarder is in compliance with sec- or broker to renew its registration issued under issue a distinctive registration number to the tion 13906(c). this chapter. person for each such authority to provide trans- ‘‘(c) EXPERIENCE OR TRAINING REQUIRE- ‘‘(B) EFFECTIVE PERIOD.—Each registration portation or service for which the person is reg- MENT.—Each freight forwarder shall employ, as renewal under subparagraph (A)— istered. an officer, an individual who–– ‘‘(i) shall expire not later than 5 years after ‘‘(2) TRANSPORTATION OR SERVICE TYPE INDI- ‘‘(1) has at least 3 years of relevant experi- the date of such renewal; and CATOR.—A number issued under paragraph (1) ence; or ‘‘(ii) may be further renewed as provided shall include an indicator of the type of trans- ‘‘(2) provides the Secretary with satisfactory under this chapter.’’. portation or service for which the registration evidence of the individual’s knowledge of re- SEC. 32918. FINANCIAL SECURITY OF BROKERS number is issued, including whether the reg- lated rules, regulations, and industry prac- AND FREIGHT FORWARDERS. istration number is issued for registration of a tices.’’; and (a) IN GENERAL.—Section 13906 is amended by motor carrier, freight forwarder, or broker. (4) by amending subsection (d), as redesig- striking subsections (b) and (c) and inserting the ‘‘(c) SPECIFICATION OF AUTHORITY.—For each nated, to read as follows: following: agreement to provide transportation or service ‘‘(d) REGISTRATION AS MOTOR CARRIER RE- ‘‘(b) BROKER FINANCIAL SECURITY REQUIRE- for which registration is required under this QUIRED.— MENTS.— chapter, the registrant shall specify, in writing, ‘‘(1) IN GENERAL.—A freight forwarder may ‘‘(1) REQUIREMENTS.— the authority under which the person is pro- not provide transportation as a motor carrier ‘‘(A) IN GENERAL.—The Secretary may register viding such transportation or service.’’. unless the freight forwarder has registered sepa- a person as a broker under section 13904 only if (b) AVAILABILITY OF INFORMATION.— rately under this chapter to provide transpor- the person files with the Secretary a surety (1) IN GENERAL.—Chapter 139 is amended by tation as a motor carrier.’’. bond, proof of trust fund, or other financial se- adding at the end the following: (b) REGISTRATION OF BROKERS.—Section 13904, curity, or a combination thereof, in a form and ‘‘§ 13909. Availability of information as amended by section 32107(c) of this Act, is amount, and from a provider, determined by the ‘‘The Secretary shall make information relat- amended— Secretary to be adequate to ensure financial re- ing to registration and financial security re- (1) in subsection (a), by striking ‘‘finds that sponsibility. quired by this chapter publicly available on the the person is fit’’ and inserting the following: ‘‘(B) USE OF A GROUP SURETY BOND, TRUST Internet, including–– ‘‘determines that the person–– FUND, OR OTHER SURETY.—In implementing the

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standards established by subparagraph (A), the ‘‘(A) CIVIL ACTIONS.—Either the Secretary or ‘‘(ii) in the case of a denial, set forth in writ- Secretary may authorize the use of a group sur- the Attorney General of the United States may ing for the claimant the grounds for the denial. ety bond, trust fund, or other financial security, bring a civil action in an appropriate district ‘‘(C) COSTS AND ATTORNEY’S FEES.—In any ac- or a combination thereof, that meets the require- court of the United States to enforce the require- tion against a surety provider to recover on a ments of this subsection. ments of this subsection or a regulation pre- claim described in subparagraph (A), the pre- ‘‘(C) PROOF OF TRUST OR OTHER FINANCIAL SE- scribed or order issued under this subsection. vailing party shall be entitled to recover its rea- CURITY.—For purposes of subparagraph (A), a The court may award appropriate relief, includ- sonable costs and attorney’s fees. trust fund or other financial security may be ac- ing injunctive relief. ‘‘(3) FREIGHT FORWARDER INSURANCE.— ceptable to the Secretary only if the trust fund ‘‘(B) CIVIL PENALTIES.—If the Secretary deter- ‘‘(A) IN GENERAL.—The Secretary may register or other financial security consists of assets mines, after notice and opportunity for a hear- a person as a freight forwarder under section readily available to pay claims without resort to ing, that a surety provider of a broker registered 13903 only if the person files with the Secretary personal guarantees or collection of pledged ac- under this chapter has violated the requirements a surety bond, insurance policy, or other type of counts receivable. of this subsection or a regulation prescribed financial security that meets standards pre- ‘‘(2) SCOPE OF FINANCIAL RESPONSIBILITY.— under this subsection, the surety provider shall scribed by the Secretary. ‘‘(A) PAYMENT OF CLAIMS.—A surety bond, be liable to the United States for a civil penalty ‘‘(B) LIABILITY INSURANCE.—A financial secu- trust fund, or other financial security obtained in an amount not to exceed $10,000. rity filed by a freight forwarder under subpara- under paragraph (1) shall be available to pay ‘‘(C) ELIGIBILITY.—If the Secretary deter- graph (A) shall be sufficient to pay an amount, any claim against a broker arising from its fail- mines, after notice and opportunity for a hear- not to exceed the amount of the financial secu- ure to pay freight charges under its contracts, ing, that a surety provider of a broker registered rity, for each final judgment against the freight agreements, or arrangements for transportation under this chapter has violated the requirements forwarder for bodily injury to, or death of, an subject to jurisdiction under chapter 135 if–– of this subsection or a regulation prescribed individual, or loss of, or damage to, property ‘‘(i) subject to the review by the surety pro- under this subsection, the surety provider shall (other than property referred to in subpara- vider, the broker consents to the payment; be ineligible to provider broker financial secu- graph (C)), resulting from the negligent oper- ‘‘(ii) in any case in which the broker does not rity for 3 years. ation, maintenance, or use of motor vehicles by, respond to adequate notice to address the valid- ‘‘(8) DEDUCTION OF COSTS PROHIBITED.—The or under the direction and control of, the freight ity of the claim, the surety provider determines amount of the financial security required under forwarder while providing transfer, collection, that the claim is valid; or this subsection may not be reduced by deducting or delivery service under this part. ‘‘(iii) the claim is not resolved within a rea- attorney’s fees or administrative costs. ‘‘(C) CARGO INSURANCE.—The Secretary may sonable period of time following a reasonable at- ‘‘(c) FREIGHT FORWARDER FINANCIAL SECU- require a registered freight forwarder to file tempt by the claimant to resolve the claim under RITY REQUIREMENTS.— with the Secretary a surety bond, insurance pol- clauses (i) and (ii), and the claim is reduced to ‘‘(1) REQUIREMENTS.— icy, or other type of financial security approved a judgment against the broker. ‘‘(A) IN GENERAL.—The Secretary may register by the Secretary, that will pay an amount, not ‘‘(B) RESPONSE OF SURETY PROVIDERS TO a person as a freight forwarder under section to exceed the amount of the financial security, CLAIMS.—If a surety provider receives notice of 13903 only if the person files with the Secretary for loss of, or damage to, property for which the a claim described in subparagraph (A), the sur- a surety bond, proof of trust fund, other finan- freight forwarder provides service. ety provider shall–– cial security, or a combination of such instru- ‘‘(4) MINIMUM FINANCIAL SECURITY.—Each ‘‘(i) respond to the claim on or before the 30th ments, in a form and amount, and from a pro- freight forwarder subject to the requirements of day following the date on which the notice was vider, determined by the Secretary to be ade- this section shall provide financial security of received; and quate to ensure financial responsibility. $75,000, regardless of the number of branch of- ‘‘(ii) in the case of a denial, set forth in writ- ‘‘(B) USE OF A GROUP SURETY BOND, TRUST fices or sales agents of the freight forwarder. ing for the claimant the grounds for the denial. FUND, OR OTHER FINANCIAL SECURITY.—In imple- ‘‘(5) CANCELLATION NOTICE.—If a financial se- ‘‘(C) COSTS AND ATTORNEY’S FEES.—In any ac- menting the standards established under sub- curity required under this subsection is can- tion against a surety provider to recover on a paragraph (A), the Secretary may authorize the celed–– claim described in subparagraph (A), the pre- use of a group surety bond, trust fund, other fi- ‘‘(A) the holder of the financial security shall vailing party shall be entitled to recover its rea- nancial security, or a combination of such in- provide electronic notification to the Secretary sonable costs and attorney’s fees. struments, that meets the requirements of this of the cancellation not later than 30 days before ‘‘(3) MINIMUM FINANCIAL SECURITY.—Each subsection. the effective date of the cancellation; and broker subject to the requirements of this section ‘‘(C) SURETY BONDS.—A surety bond obtained ‘‘(B) the Secretary shall immediately post shall provide financial security of $75,000 for under this section may only be obtained from a such notification on the public Internet web site purposes of this subsection, regardless of the bonding company that has been approved by the of the Department of Transportation. number of branch offices or sales agents of the Secretary of the Treasury. ‘‘(6) SUSPENSION.—The Secretary shall imme- broker. ‘‘(D) PROOF OF TRUST OR OTHER FINANCIAL SE- diately suspend the registration of a freight for- ‘‘(4) CANCELLATION NOTICE.—If a financial se- CURITY.—For purposes of subparagraph (A), a warder issued under this chapter if its available curity required under this subsection is can- trust fund or other financial security may not financial security falls below the amount re- celed–– be accepted by the Secretary unless the trust quired under this subsection. ‘‘(A) the holder of the financial security shall fund or other financial security consists of as- ‘‘(7) PAYMENT OF CLAIMS IN CASES OF FINAN- provide electronic notification to the Secretary sets readily available to pay claims without re- CIAL FAILURE OR INSOLVENCY.—If a freight for- of the cancellation not later than 30 days before sort to personal guarantees or collection of warder registered under this chapter experiences the effective date of the cancellation; and pledged accounts receivable. financial failure or insolvency, the surety pro- ‘‘(B) the Secretary shall immediately post ‘‘(2) SCOPE OF FINANCIAL RESPONSIBILITY.— vider of the freight forwarder shall–– such notification on the public Internet Website ‘‘(A) PAYMENT OF CLAIMS.—A surety bond, ‘‘(A) submit a notice to cancel the financial of the Department of Transportation. trust fund, or other financial security obtained security to the Administrator in accordance ‘‘(5) SUSPENSION.—The Secretary shall imme- under paragraph (1) shall be available to pay with paragraph (5); diately suspend the registration of a broker any claim against a freight forwarder arising ‘‘(B) publicly advertise for claims for 60 days issued under this chapter if the available finan- from its failure to pay freight charges under its beginning on the date of publication by the Sec- cial security of that person falls below the contracts, agreements, or arrangements for retary of the notice to cancel the financial secu- amount required under this subsection. transportation subject to jurisdiction under rity; and ‘‘(6) PAYMENT OF CLAIMS IN CASES OF FINAN- chapter 135 if–– ‘‘(C) pay, not later than 30 days after the ex- CIAL FAILURE OR INSOLVENCY.—If a broker reg- ‘‘(i) subject to the review by the surety pro- piration of the 60-day period for submission of istered under this chapter experiences financial vider, the freight forwarder consents to the pay- claims–– failure or insolvency, the surety provider of the ment; ‘‘(i) all uncontested claims received during broker shall–– ‘‘(ii) in the case the freight forwarder does not such period; or ‘‘(A) submit a notice to cancel the financial respond to adequate notice to address the valid- ‘‘(ii) a pro rata share of such claims if the security to the Administrator in accordance ity of the claim, the surety provider determines total amount of such claims exceeds the finan- with paragraph (4); the claim is valid; or cial security available. ‘‘(B) publicly advertise for claims for 60 days ‘‘(iii) the claim— ‘‘(8) PENALTIES.— beginning on the date of publication by the Sec- ‘‘(I) is not resolved within a reasonable period ‘‘(A) CIVIL ACTIONS.—Either the Secretary or retary of the notice to cancel the financial secu- of time following a reasonable attempt by the the Attorney General may bring a civil action in rity; and claimant to resolve the claim under clauses (i) an appropriate district court of the United ‘‘(C) pay, not later than 30 days after the ex- and (ii); and States to enforce the requirements of this sub- piration of the 60-day period for submission of ‘‘(II) is reduced to a judgment against the section or a regulation prescribed or order issued claims–– freight forwarder. under this subsection. The court may award ap- ‘‘(i) all uncontested claims received during ‘‘(B) RESPONSE OF SURETY PROVIDERS TO propriate relief, including injunctive relief. such period; or CLAIMS.—If a surety provider receives notice of ‘‘(B) CIVIL PENALTIES.—If the Secretary deter- ‘‘(ii) a pro rata share of such claims if the a claim described in subparagraph (A), the sur- mines, after notice and opportunity for a hear- total amount of such claims exceeds the finan- ety provider shall–– ing, that a surety provider of a freight for- cial security available. ‘‘(i) respond to the claim on or before the 30th warder registered under this chapter has vio- ‘‘(7) PENALTIES.— day following receipt of the notice; and lated the requirements of this subsection or a

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00381 Fmt 4634 Sfmt 6333 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H4540 CONGRESSIONAL RECORD — HOUSE June 28, 2012 regulation prescribed under this subsection, the PART II—HOUSEHOLD GOODS (b) Section 31151(a) is amended— surety provider shall be liable to the United TRANSPORTATION (1) by amending paragraph (1) to read as fol- States for a civil penalty in an amount not to SEC. 32921. ADDITIONAL REGISTRATION RE- lows: exceed $10,000. QUIREMENTS FOR HOUSEHOLD ‘‘(1) IN GENERAL.—The Secretary of Transpor- ‘‘(C) ELIGIBILITY.—If the Secretary deter- GOODS MOTOR CARRIERS. tation shall maintain a program to ensure that mines, after notice and opportunity for a hear- (a) Section 13902(a)(2) is amended— intermodal equipment used to transport inter- ing, that a surety provider of a freight for- (1) in subparagraph (B), by striking ‘‘section modal containers is safe and systematically warder registered under this chapter has vio- 13702(c);’’ and inserting ‘‘section 13702(c); and’’; maintained.’’; and lated the requirements of this subsection or a (2) by amending subparagraph (C) to read as (2) by striking paragraph (4). regulation prescribed under this subsection, the follows: (c) Section 31307(b) is amended by striking surety provider shall be ineligible to provide ‘‘(C) demonstrates, before being registered, ‘‘Not later than December 18, 1994, the Secretary freight forwarder financial security for 3 years through successful completion of a proficiency shall prescribe’’ and inserting ‘‘The Secretary shall maintain’’. ‘‘(9) DEDUCTION OF COSTS PROHIBITED.—The examination established by the Secretary, amount of the financial security required under knowledge and intent to comply with applicable (d) Section 31310(g)(1) is amended by striking this subsection may not be reduced by deducting Federal laws relating to consumer protection, ‘‘Not later than 1 year after the date of enact- attorney’s fees or administrative costs.’’. estimating, consumers’ rights and responsibil- ment of this Act, the’’ and inserting ‘‘The’’. ities, and options for limitations of liability for SEC. 32932. CORRECTION OF INTERSTATE COM- (b) RULEMAKING.—Not later than 1 year after loss and damage.’’; and MERCE COMMISSION REFERENCES. the date of enactment of this Act, the Secretary (3) by striking subparagraph (D). (a) SAFETY INFORMATION AND INTERVENTION shall issue regulations to implement and enforce (b) COMPLIANCE REVIEWS OF NEW HOUSEHOLD IN INTERSTATE COMMERCE COMMISSION PRO- the requirements under subsections (b) and (c) GOODS MOTOR CARRIERS.—Section 31144(g), as CEEDINGS.—Chapter 3 is amended— of section 13906 of title 49, United States Code, amended by section 32102 of this Act, is amended (1) by repealing section 307; as amended by subsection (a). by adding at the end the following: (2) in the analysis, by striking the item relat- (c) EFFECTIVE DATE.—The amendments made ‘‘(6) ADDITIONAL REQUIREMENTS FOR HOUSE- ing to section 307; by subsection (a) shall take effect on the date HOLD GOODS MOTOR CARRIERS.—(A) In addition (3) in section 333(d)(1)(C), by striking ‘‘Inter- that is 1 year after the date of enactment of this to the requirements of this subsection, the Sec- state Commerce Commission’’ and inserting Act. retary shall require, by regulation, each reg- ‘‘Surface Transportation Board’’; and SEC. 32919. UNLAWFUL BROKERAGE ACTIVITIES. istered household goods motor carrier to under- (4) in section 333(e)— (a) IN GENERAL.—Chapter 149 is amended by go a consumer protection standards review not (A) by striking ‘‘Interstate Commerce Commis- adding at the end the following: later than 18 months after the household goods sion’’ and inserting ‘‘Surface Transportation motor carrier begins operations under such au- Board’’; and ‘‘SEC. 14916. UNLAWFUL BROKERAGE ACTIVITIES. thority. (B) by striking ‘‘Commission’’ and inserting ‘‘(a) PROHIBITED ACTIVITIES.—A person may ‘‘(B) ELEMENTS.—In the regulations issued ‘‘Board’’. provide interstate brokerage services as a broker pursuant to subparagraph (A), the Secretary (b) FILING AND PROCEDURE FOR APPLICATION only if that person–– shall establish the elements of the consumer pro- TO ABANDON OR DISCONTINUE.—Section ‘‘(1) is registered under, and in compliance tections standards review, including basic man- 10903(b)(2) is amended by striking ‘‘24706(c) of with, section 13904; and agement controls. In establishing the elements, this title’’ and inserting ‘‘24706(c) of this title ‘‘(2) has satisfied the financial security re- the Secretary shall consider the effects on small before May 31, 1998’’. quirements under section 13906. businesses and shall consider establishing alter- (c) TECHNICAL AMENDMENTS TO PART C OF ‘‘(b) EXCEPTIONS.—Subsection (a) shall not nate locations where such reviews may be con- SUBTITLE V.— apply to— ducted for the convenience of small busi- (1) Section 24307(b)(3) is amended by striking ‘‘(1) a non-vessel-operating common carrier nesses.’’. ‘‘Interstate Commerce Commission’’ and insert- (as defined in section 40102 of title 46) or an (c) EFFECTIVE DATE.—The amendments made ing ‘‘Surface Transportation Board’’. ocean freight forwarder (as defined in section by this section shall take effect 2 years after the (2) Section 24311 is amended— 40102 of title 46) when arranging for inland date of enactment of this Act. (A) by striking ‘‘Interstate Commerce Commis- transportation as part of an international SEC. 32922. FAILURE TO GIVE UP POSSESSION OF sion’’ and inserting ‘‘Surface Transportation through movement involving ocean transpor- HOUSEHOLD GOODS. Board’’; tation between the United States and a foreign (a) INJUNCTIVE RELIEF.—Section 14704(a)(1) is (B) by striking ‘‘Commission’’ each place it port; amended by striking ‘‘and 14103’’ and inserting appears and inserting ‘‘Board’’; and (C) by striking ‘‘Commission’s’’ and inserting ‘‘(2) a customs broker licensed in accordance ‘‘, 14103, and 14915(c)’’. ‘‘Board’s’’. with section 111.2 of title 19, Code of Federal (b) CIVIL PENALTIES.—Section 14915(a)(1) is amended by adding at the end the following: (3) Section 24902 is amended— Regulations, only to the extent that the customs (A) by striking ‘‘Interstate Commerce Commis- broker is engaging in a movement under a cus- ‘‘The United States may assign all or a portion of the civil penalty to an aggrieved shipper. sion’’ each place it appears and inserting ‘‘Sur- toms bond or in a transaction involving customs face Transportation Board’’; and business, as defined by section 111.1 of title 19, The Secretary of Transportation shall establish criteria upon which such assignments shall be (B) by striking ‘‘Commission’’ each place it Code of Federal Regulations; or appears and inserting ‘‘Board’’. ‘‘(3) an indirect air carrier holding a Standard made. The Secretary may order, after notice and an opportunity for a proceeding, that a person (4) Section 24904 is amended— Security Program approved by the Transpor- (A) by striking ‘‘Interstate Commerce Commis- tation Security Administration, only to the ex- found holding a household goods shipment hostage return the goods to an aggrieved shipper.’’. sion’’ and inserting ‘‘Surface Transportation tent that the indirect air carrier is engaging in Board’’; and the activities as an air carrier as defined in sec- SEC. 32923. SETTLEMENT AUTHORITY. (B) by striking ‘‘Commission’’ each place it tion 40102(2) or in the activities defined in sec- (a) SETTLEMENT OF GENERAL CIVIL PEN- appears and inserting ‘‘Board’’. tion 40102(3). ALTIES.—Section 14901 is amended by adding at the end the following: SEC. 32933. TECHNICAL AND CONFORMING ‘‘(c) CIVIL PENALTIES AND PRIVATE CAUSE OF AMENDMENTS. ‘‘(h) SETTLEMENT OF HOUSEHOLD GOODS CIVIL ACTION.—Any person who knowingly author- (a) Section 13905(f)(1)(A) is amended by strik- PENALTIES.—Nothing in this section shall be izes, consents to, or permits, directly or indi- ing ‘‘section 13904(c)’’ and inserting ‘‘section construed to prohibit the Secretary from accept- rectly, either alone or in conjunction with any 13904(e)’’; ing partial payment of a civil penalty as part of other person, a violation of subsection (a) is lia- (b) Section 14504a(c)(1) is amended— a settlement agreement in the public interest, or ble— (1) in subparagraph (C), by striking ‘‘sec- from holding imposition of any part of a civil ‘‘(1) to the United States Government for a tions’’ and inserting ‘‘section’’; and penalty in abeyance.’’. civil penalty in an amount not to exceed $10,000 (2) in subparagraph (D)(ii)(II) by striking the (b) SETTLEMENT OF HOUSEHOLD GOODS CIVIL for each violation; and period at the end and inserting ‘‘; and’’. PENALTIES.—Section 14915(a) is amended by (c) Section 31103(a) is amended by striking ‘‘(2) to the injured party for all valid claims adding at the end the following: ‘‘section 31102(b)(1)(E)’’ and inserting ‘‘section incurred without regard to amount. ‘‘(4) SETTLEMENT AUTHORITY.—Nothing in this 31102(b)(2)(E)’’. ‘‘(d) LIABLE PARTIES.—The liability for civil section shall be construed as prohibiting the (d) Section 31103(b) is amended by striking penalties and for claims under this section for Secretary from accepting partial payment of a ‘‘authorized by section 31104(f)(2)’’. unauthorized brokering shall apply, jointly and civil penalty as part of a settlement agreement (e) Section 31309(b)(2) is amended by striking severally— in the public interest, or from holding imposition ‘‘31308(2)’’ and inserting ‘‘31308(3)’’. ‘‘(1) to any corporate entity or partnership in- of any part of a civil penalty in abeyance.’’. volved; and SEC. 32934. EXEMPTIONS FROM REQUIREMENTS PART III—TECHNICAL AMENDMENTS FOR COVERED FARM VEHICLES. ‘‘(2) to the individual officers, directors, and SEC. 32931. UPDATE OF OBSOLETE TEXT. (a) FEDERAL REQUIREMENTS.—A covered farm principals of such entities.’’. (a) Section 31137(g), as redesignated by section vehicle, including the individual operating that (b) CLERICAL AMENDMENT.—The analysis for 32301 of this Act, is amended by striking ‘‘Not vehicle, shall be exempt from the following: chapter 149 is amended by adding at the end the later than December 1, 1990, the Secretary shall (1) Any requirement relating to commercial following: prescribe’’ and inserting ‘‘The Secretary shall driver’s licenses established under chapter 313 of ‘‘14916. Unlawful brokerage activities.’’. maintain’’. title 49, United States Code.

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00382 Fmt 4634 Sfmt 6333 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE June 28, 2012 CONGRESSIONAL RECORD — HOUSE H4541 (2) Any requirement relating to drug-testing (E) the number of fatalities of occupants and organization ensures that emergency responders established under chapter 313 of title 49, United non-occupants killed in crashes involving farm who receive training under the grant will have States Code. vehicles; the ability to protect nearby persons, property, (3) Any requirement relating to medical cer- (F) crash investigations and accident recon- and the environment from the effects of acci- tificates established under— struction investigations of all fatalities in crash- dents or incidents involving the transportation (A) subchapter III of chapter 311 of title 49, es involving covered farm vehicles; of hazardous material in accordance with exist- United States Code; or (G) overall operating mileage of covered farm ing regulations or National Fire Protection As- (B) chapter 313 of title 49, United States Code. vehicles; sociation standards for competence of respond- (4) Any requirement relating to hours of serv- (H) numbers of covered farm vehicles that op- ers to accidents and incidents involving haz- ice established under— erate in neighboring States; and ardous materials. (A) subchapter III of chapter 311 of title 49, (I) any other data the Secretary deems nec- ‘‘(6) Notwithstanding paragraphs (1) and (3), United States Code; or essary to analyze and include. to the extent determined appropriate by the Sec- (B) chapter 315 of title 49, United States Code. (2) A listing of State regulations issued and retary, a grant awarded by the Secretary to an (5) Any requirement relating to vehicle inspec- maintained in each State that are identical to organization under this subsection to conduct tion, repair, and maintenance established the Federal regulations that are subject to ex- hazardous material response training programs under— emption in subsection (a). may be used to train individuals with responsi- (A) subchapter III of chapter 311 of title 49, (3) The Secretary shall report the findings of bility to respond to accidents and incidents in- United States Code; or the study to the appropriate committees of Con- volving hazardous material. (B) chapter 315 of title 49, United States Code. gress not later than 18 months after the date of ‘‘(7) For the purposes of this subsection, the (b) STATE REQUIREMENTS.— enactment of this Act. term ‘portable training’ means live, instructor- (1) IN GENERAL.—Federal transportation fund- ONSTRUCTION.—Nothing in this section led training provided by certified fire service in- ing to a State may not be terminated, limited, or (e) C shall be construed as authority for the Secretary structors that can be offered in any suitable set- otherwise interfered with as a result of the State of Transportation to prescribe regulations. ting, rather than specific designated facilities. exempting a covered farm vehicle, including the Under this training delivery model, instructors individual operating that vehicle, from any TITLE III—HAZARDOUS MATERIALS travel to locations convenient to students and State requirement relating to the operation of TRANSPORTATION SAFETY IMPROVE- MENT ACT OF 2012 utilize local facilities and resources.’’; and that vehicle. (3) in subsection (k)— (2) EXCEPTION.—Paragraph (1) does not apply SEC. 33001. SHORT TITLE. (A) by striking ‘‘annually’’ and inserting ‘‘an with respect to a covered farm vehicle trans- This title may be cited as the ‘‘Hazardous Ma- annual report’’; porting hazardous materials that require a terials Transportation Safety Improvement Act (B) by inserting ‘‘the report’’ after ‘‘make placard. of 2012’’. available’’; (c) COVERED FARM VEHICLE DEFINED.— SEC. 33002. DEFINITION. (C) by striking ‘‘information’’ and inserting ‘‘. (1) IN GENERAL.—In this section, the term In this title, the term ‘‘Secretary’’ means the The report submitted under this subsection shall ‘‘covered farm vehicle’’ means a motor vehicle Secretary of Transportation. include information’’; and (including an articulated motor vehicle)— (D) by striking ‘‘The report shall identify’’ SEC. 33003. REFERENCES TO TITLE 49, UNITED (A) that— and all that follows and inserting the following: (i) is traveling in the State in which the vehi- STATES CODE. Except as otherwise expressly provided, when- ‘‘The report submitted under this subsection cle is registered or another State; shall identify the ultimate recipients of such (ii) is operated by— ever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal grants and include— (I) a farm owner or operator; ‘‘(A) a detailed accounting and description of (II) a ranch owner or operator; or of, a section or other provision, the reference each grant expenditure by each grant recipient, (III) an employee or family member of an indi- shall be considered to be made to a section or including the amount of, and purpose for, each vidual specified in subclause (I) or (II); other provision of title 49, United States Code. (iii) is transporting to or from a farm or expenditure; SEC. 33004. TRAINING FOR EMERGENCY RE- ‘‘(B) the number of persons trained under the ranch— SPONDERS. (I) agricultural commodities; grant program, by training level; (a) TRAINING CURRICULUM.—Section 5115 is ‘‘(C) an evaluation of the efficacy of such (II) livestock; or amended— (III) machinery or supplies; planning and training programs; and (1) in subsection (b)(1)(B), by striking ‘‘basic’’; ‘‘(D) any recommendations the Secretary may (iv) except as provided in paragraph (2), is not (2) in subsection (b)(2), by striking ‘‘basic’’; used in the operations of a for-hire motor car- have for improving such grant programs.’’. and SEC. 33005. PAPERLESS HAZARD COMMUNICA- rier; and (3) in subsection (c), by striking ‘‘basic’’. (v) is equipped with a special license plate or TIONS PILOT PROGRAM. (b) OPERATIONS LEVEL TRAINING.—Section other designation by the State in which the ve- (a) IN GENERAL.—The Secretary may conduct 5116 is amended— pilot projects to evaluate the feasibility and ef- hicle is registered to allow for identification of (1) in subsection (b)(1), by adding at the end the vehicle as a farm vehicle by law enforcement fectiveness of using paperless hazard commu- the following: ‘‘To the extent that a grant is nications systems. At least 1 of the pilot projects personnel; and used to train emergency responders, the State or (B) that has a gross vehicle weight rating or under this section shall take place in a rural Indian tribe shall provide written certification gross vehicle weight, whichever is greater, that area. to the Secretary that the emergency responders (b) REQUIREMENTS.—In conducting pilot is— who receive training under the grant will have (i) 26,001 pounds or less; or projects under this section, the Secretary— (ii) greater than 26,001 pounds and traveling the ability to protect nearby persons, property, (1) may not waive the requirements under sec- within the State or within 150 air miles of the and the environment from the effects of acci- tion 5110 of title 49, United States Code; and (2) shall consult with organizations rep- farm or ranch with respect to which the vehicle dents or incidents involving the transportation of hazardous material in accordance with exist- resenting— is being operated. (A) fire services personnel; (2) INCLUSION.—In this section, the term ‘‘cov- ing regulations or National Fire Protection As- sociation standards for competence of respond- (B) law enforcement and other appropriate ered farm vehicle’’ includes a motor vehicle that enforcement personnel; meets the requirements of paragraph (1) (other ers to accidents and incidents involving hazardous materials.’’; (C) other emergency response providers; than paragraph (1)(A)(iv)) and— (D) persons who offer hazardous material for (2) in subsection (j)— (A) is operated pursuant to a crop share farm transportation; lease agreement; (A) in paragraph (1), by striking ‘‘funds’’ and (E) persons who transport hazardous material (B) is owned by a tenant with respect to that all that follows through ‘‘fighting fires for’’ and by air, highway, rail, and water; and agreement; and inserting ‘‘funds and through a competitive (F) employees of persons who transport or (C) is transporting the landlord’s portion of process, make a grant or make grants to na- offer for transportation hazardous material by the crops under that agreement. tional nonprofit fire service organizations for’’; air, highway, rail, and water. (d) SAFETY STUDY.—The Secretary of Trans- (B) in paragraph (3)(A), by striking ‘‘train’’ (c) REPORT.—Not later than 2 years after the portation shall conduct a study of the exemp- and inserting ‘‘provide training, including port- date of enactment of this Act, the Secretary tion required by subsection (a) as follows: able training, for’’; shall— (1) Data and analysis of covered farm vehicles (C) in paragraph (4)— (1) prepare a report on the results of the pilot shall include— (i) by striking ‘‘train’’ and inserting ‘‘provide projects carried out under this section, includ- (A) the number of vehicles that are operated training, including portable training, for’’; and ing— subject to each of the regulatory exemptions per- (ii) by inserting ‘‘comply with Federal regula- (A) a detailed description of the pilot projects; mitted under subsection (a); tions and national consensus standards for haz- (B) an evaluation of each pilot project, in- (B) the number of drivers that operate covered ardous materials response and’’ after ‘‘training cluding an evaluation of the performance of farm vehicles subject to each of the regulatory course shall’’; each paperless hazard communications system exemptions permitted under subsection (a); (D) by redesignating paragraph (5) as para- in such project; (C) the number of crashes involving covered graph (8); and (C) an assessment of the safety and security farm vehicles; (E) by inserting after paragraph (4) the fol- impact of using paperless hazard communica- (D) the number of occupants and non-occu- lowing: tions systems, including any impact on the pub- pants injured in crashes involving covered farm ‘‘(5) The Secretary may not award a grant to lic, emergency response, law enforcement, and vehicles; an organization under this subsection unless the the conduct of inspections and investigations;

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00383 Fmt 4634 Sfmt 6333 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H4542 CONGRESSIONAL RECORD — HOUSE June 28, 2012 (D) an analysis of the associated benefits and SEC. 33007. HAZARDOUS MATERIAL TECHNICAL ‘‘(G) shall provide to the affected offeror, car- costs of using the paperless hazard communica- ASSESSMENT, RESEARCH AND DE- rier, packaging manufacturer or tester, or other tions systems for each mode of transportation; VELOPMENT, AND ANALYSIS PRO- person responsible for the package reasonable and GRAM. notice of— (a) IN GENERAL.—Chapter 51 is amended by (E) a recommendation that incorporates the ‘‘(i) his or her decision to exercise his or her inserting after section 5117 the following: information gathered in subparagraphs (A), (B), authority under paragraph (1); (C), and (D) on whether paperless hazard com- ‘‘§ 5118. Hazardous material technical assess- ‘‘(ii) any findings made; and munications systems should be permanently in- ment, research and development, and anal- ‘‘(iii) any actions being taken as a result of a corporated into the Federal hazardous material ysis program finding of noncompliance.’’. transportation safety program under chapter 51 ‘‘(a) RISK REDUCTION.— (b) REGULATIONS.— of title 49, United States Code; and ‘‘(1) PROGRAM AUTHORIZED.—The Secretary of (1) MATTERS TO BE ADDRESSED.—Section (2) submit a final report to the Committee on Transportation may develop and implement a 5121(e) is amended by adding at the end the fol- Commerce, Science, and Transportation of the hazardous material technical assessment, re- lowing: Senate and the Committee on Transportation search and development, and analysis program ‘‘(3) MATTERS TO BE ADDRESSED.—The regula- and Infrastructure of the House of Representa- for the purpose of— tions issued under this subsection shall ad- tives that contains the results of the pilot ‘‘(A) reducing the risks associated with the dress— projects carried out under this section, includ- transportation of hazardous material; and ‘‘(A) the safe and expeditious resumption of ing the matters described in paragraph (1). ‘‘(B) identifying and evaluating new tech- transportation of perishable hazardous material, including radiopharmaceuticals and other (d) PAPERLESS HAZARD COMMUNICATIONS SYS- nologies to facilitate the safe, secure, and effi- medical products, that may require timely deliv- TEM DEFINED.—In this section, the term cient transportation of hazardous material. ery due to life-threatening situations; ‘‘paperless hazard communications system’’ ‘‘(2) COORDINATION.—In developing the pro- ‘‘(B) the means by which— means the use of advanced communications gram under paragraph (1), the Secretary shall— ‘‘(i) noncompliant packages that present an methods, such as wireless communications de- ‘‘(A) utilize information gathered from other imminent hazard are placed out-of-service until vices, to convey hazard information between all modal administrations with similar programs; and the condition is corrected; and parties in the transportation chain, including ‘‘(ii) noncompliant packages that do not emergency responders and law enforcement per- ‘‘(B) coordinate with other modal administrations, as appropriate. present a hazard are moved to their final des- sonnel. The format of communication may be tination; equivalent to that used by the carrier. ‘‘(b) COOPERATION.—In carrying out subsection (a), the Secretary shall work coopera- ‘‘(C) appropriate training and equipment for SEC. 33006. IMPROVING DATA COLLECTION, ANAL- tively with regulated and other entities, includ- inspectors; and YSIS, AND REPORTING. ing shippers, carriers, emergency responders, ‘‘(D) the proper closure of packaging in ac- (a) ASSESSMENT.— State and local officials, and academic institu- cordance with the hazardous material regula- (1) IN GENERAL.—Not later than 6 months tions.’’. tions.’’. after the date of enactment of this Act, the Sec- (b) CONFORMING AMENDMENT.—The chapter (2) FINALIZING REGULATIONS.—In accordance retary, in consultation with the Commandant of analysis for chapter 51 is amended by inserting with section 5103(b)(2) of title 49, United States the United States Coast Guard, as appropriate, after the item relating to section 5117 the fol- Code, not later than 1 year after the date of en- shall conduct an assessment to improve the col- lowing: actment of this Act, the Secretary shall take all lection, analysis, reporting, and use of data reactions necessary to finalize a regulation under ‘‘5118. Hazardous material technical assessment, lated to accidents and incidents involving the paragraph (1) of this subsection. research and development, and transportation of hazardous material. (c) GRANTS AND COOPERATIVE AGREEMENTS.— analysis program.’’. (2) REVIEW.—The assessment conducted under Section 5121(g)(1) is amended by inserting ‘‘safe- this subsection shall review the methods used by SEC. 33008. HAZARDOUS MATERIAL ENFORCE- ty and’’ before ‘‘security’’. MENT TRAINING. the Pipeline and Hazardous Materials Safety SEC. 33010. CIVIL PENALTIES. (a) IN GENERAL.—Not later than 18 months Administration (referred to in this section as the Section 5123 is amended— after the date of enactment of this Act, the Sec- ‘‘Administration’’) for collecting, analyzing, (1) in subsection (a)— retary shall develop uniform performance stand- and reporting accidents and incidents involving (A) in paragraph (1)— ards for training hazardous material inspectors the transportation of hazardous material, in- (i) by striking ‘‘at least $250 but’’; and and investigators on— cluding the adequacy of— (ii) by striking ‘‘$50,000’’ and inserting (1) how to collect, analyze, and publish find- (A) information requested on the accident and ‘‘$75,000’’; ings from inspections and investigations of acci- incident reporting forms required to be sub- (B) in paragraph (2), by striking ‘‘$100,000’’ dents or incidents involving the transportation mitted to the Administration; and inserting ‘‘$175,000’’; and of hazardous material; and (B) methods used by the Administration to (C) by amending paragraph (3) to read as fol- (2) how to identify noncompliance with regu- lows: verify that the information provided on such lations issued under chapter 51 of title 49, forms is accurate and complete; ‘‘(3) If the violation is related to training, a United States Code, and take appropriate en- person described in paragraph (1) shall be liable (C) accident and incident reporting require- forcement action. ments, including whether such requirements for a civil penalty of at least $450.’’; and (b) STANDARDS AND GUIDELINES.—The Sec- (2) by adding at the end the following: should be expanded to include shippers and retary may develop— ‘‘(h) PENALTY FOR OBSTRUCTION OF INSPEC- consignees of hazardous materials; (1) guidelines for hazardous material inspector TIONS AND INVESTIGATIONS.— (D) resources of the Administration related to and investigator qualifications; ‘‘(1) The Secretary may impose a penalty on a data collection, analysis, and reporting, includ- (2) best practices and standards for hazardous person who obstructs or prevents the Secretary ing staff and information technology; and material inspector and investigator training pro- from carrying out inspections or investigations (E) the database used by the Administration grams; and under subsection (c) or (i) of section 5121. for recording and reporting such accidents and (3) standard protocols to coordinate investiga- ‘‘(2) For the purposes of this subsection, the incidents, including the ability of users to ade- tion efforts among Federal, State, and local ju- term ‘obstructs’ means actions that were known, quately search the database and find informa- risdictions on accidents or incidents involving or reasonably should have been known, to pre- tion. the transportation of hazardous material. vent, hinder, or impede an investigation. (b) DEVELOPMENT OF ACTION PLAN.—Not later (c) AVAILABILITY.—The standards, protocols, ‘‘(i) PROHIBITION ON HAZARDOUS MATERIAL than 9 months after the date of enactment of and guidelines established under this section— OPERATIONS AFTER NONPAYMENT OF PEN- this Act, the Secretary shall develop an action (1) shall be mandatory for— ALTIES.— plan and timeline for improving the collection, (A) the Department of Transportation’s ‘‘(1) IN GENERAL.—Except as provided under analysis, reporting, and use of data by the Ad- multimodal personnel conducting hazardous paragraph (2), a person subject to the jurisdic- ministration, including revising the database of material enforcement inspections or investigation of the Secretary under this chapter who the Administration, as appropriate. tions; and fails to pay a civil penalty assessed under this (c) SUBMISSION TO CONGRESS.—Not later than (B) State employees who conduct federally chapter, or fails to arrange and abide by an ac- 15 days after the completion of the action plan funded compliance reviews, inspections, or in- ceptable payment plan for such civil penalty, and timeline under subsection (c), the Secretary vestigations; and may not conduct any activity regulated under shall submit the action plan and timeline to the (2) shall be made available to Federal, State, this chapter beginning on the 91st day after the Committee on Commerce, Science, and Transpor- and local hazardous material safety enforce- date specified by order of the Secretary for pay- tation of the Senate and the Committee on ment personnel. ment of such penalty unless the person has filed Transportation and Infrastructure of the House SEC. 33009. INSPECTIONS. a formal administrative or judicial appeal of the of Representatives. (a) NOTICE OF ENFORCEMENT MEASURES.—Sec- penalty. (d) REPORTING REQUIREMENTS.—Section tion 5121(c)(1) is amended— ‘‘(2) EXCEPTION.—Paragraph (1) shall not 5125(b)(1)(D) is amended by inserting ‘‘and (1) in subparagraph (E), by striking ‘‘and’’ at apply to any person who is unable to pay a civil other written hazardous materials transpor- the end; penalty because such person is a debtor in a tation incident reporting involving State or local (2) in subparagraph (F), by striking the period case under chapter 11 of title 11. emergency responders in the initial response to at the end and inserting ‘‘; and’’; and ‘‘(3) RULEMAKING.—Not later than 2 years the incident’’ before the period at the end. (3) by adding at the end the following: after the date of enactment of this subsection,

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00384 Fmt 4634 Sfmt 6333 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE June 28, 2012 CONGRESSIONAL RECORD — HOUSE H4543 the Secretary, after providing notice and an op- propriate for incorporation into the regula- (2) accurately quantify the number of inci- portunity for public comment, shall issue regu- tions.’’. dents involving the transportation of flammable lations that— SEC. 33013. HIGHWAY ROUTING DISCLOSURES. liquids in external product piping of cargo tank ‘‘(A) set forth procedures to require a person (a) LIST OF ROUTE DESIGNATIONS.—Section motor vehicles; who is delinquent in paying civil penalties to 5112(c) is amended— (3) identify various alternatives to loading, cease any activity regulated under this chapter (1) by striking ‘‘In coordination’’ and insert- transporting, and unloading flammable liquids until payment has been made or an acceptable ing the following: in such piping; payment plan has been arranged; and ‘‘(1) IN GENERAL.—In coordination’’; and (4) examine the costs and benefits of each al- ‘‘(B) ensures that the person described in sub- (2) by adding at the end the following: ternative; and paragraph (A)— ‘‘(2) STATE RESPONSIBILITIES.— (5) identify any obstacles to implementing ‘‘(i) is notified in writing; and ‘‘(A) IN GENERAL.—Each State shall submit to each alternative. ‘‘(ii) is given an opportunity to respond before the Secretary, in a form and manner to be deter- (b) REGULATIONS.—The Secretary may not the person is required to cease the activity.’’. mined by the Secretary and in accordance with issue a final rule regarding transporting flam- SEC. 33011. REPORTING OF FEES. subparagraph (B)— mable liquids in the external product piping of Section 5125(f)(2) is amended by striking ‘‘, ‘‘(i) the name of the State agency responsible cargo tank motor vehicles prior to completion of upon the Secretary’s request,’’ and inserting for hazardous material highway route designa- the evaluation conducted under subsection (a), ‘‘biennially’’. tions; and or 2 years after the date of enactment of this ‘‘(ii) a list of the State’s currently effective Act, whichever is earlier, unless the Secretary SEC. 33012. SPECIAL PERMITS, APPROVALS, AND determines that a risk to public safety, property, EXCLUSIONS. hazardous material highway route designations. or the environment is present or an imminent (a) RULEMAKING.—Not later than 2 years after ‘‘(B) FREQUENCY.—Each State shall submit hazard (as defined in section 5102 of title 49, the date of enactment of this Act, the Secretary, the information described in subparagraph United States Code) exists and that the regula- after providing notice and an opportunity for (A)(ii)— tions will address the risk or hazard. public comment, shall issue regulations that es- ‘‘(i) at least once every 2 years; and tablish— ‘‘(ii) not later than 60 days after a hazardous SEC. 33016. HAZMAT EMPLOYEE TRAINING RE- (1) standard operating procedures to support material highway route designation is estab- QUIREMENTS AND GRANTS. administration of the special permit and ap- lished, amended, or discontinued.’’. Section 5107(e)(2) is amended— (1) by inserting ‘‘through a competitive proc- proval programs; and (b) COMPLIANCE WITH SECTION 5112.—Section ess’’ between ‘‘made’’ and ‘‘to’’; and (2) objective criteria to support the evaluation 5125(c)(1) is amended by inserting ‘‘, and is pub- (2) by striking ‘‘hazmat employee’’. of special permit and approval applications. lished in the Department’s hazardous materials SEC. 33017. AUTHORIZATION OF APPROPRIA- (b) REVIEW OF SPECIAL PERMITS.— route registry under section 5112(c)’’ before the TIONS. (1) REVIEW.—Not later than 1 year after the period at the end. Section 5128 is amended to read as follows: date of enactment of this Act, the Secretary SEC. 33014. MOTOR CARRIER SAFETY PERMITS. shall conduct a review and analysis of special (a) REVIEW.—Not later than 1 year after the ‘‘§ 5128. Authorization of appropriations permits that have been in continuous effect for date of enactment of this Act, the Secretary ‘‘(a) IN GENERAL.—There are authorized to be a 10-year period to determine which special per- shall conduct a study of, and transmit to the appropriated to the Secretary to carry out this mits may be converted into the hazardous mate- Committee on Commerce, Science, and Transpor- chapter (except sections 5107(e), 5108(g)(2), 5113, rials regulations. tation of the Senate and the Committee on 5115, 5116, and 5119)— (2) FACTORS.—In conducting the review and Transportation and Infrastructure of the House ‘‘(1) $42,338,000 for fiscal year 2013; and analysis under paragraph (1), the Secretary of Representatives a report on, the implementa- ‘‘(2) $42,762,000 for fiscal year 2014. may consider— tion of the hazardous material safety permit ‘‘(b) HAZARDOUS MATERIALS EMERGENCY PRE- (A) the safety record for hazardous materials program under section 5109 of title 49, United PAREDNESS FUND.—From the Hazardous Mate- transported under the special permit; States Code. In conducting the study, the Sec- rials Emergency Preparedness Fund established (B) the application of a special permit; retary shall review, at a minimum— under section 5116(i), the Secretary may expend, (C) the suitability of provisions in the special (1) the list of hazardous materials requiring a during each of fiscal years 2013 and 2014— permit for incorporation into the hazardous ma- safety permit; ‘‘(1) $188,000 to carry out section 5115; terials regulations; and (2) the number of permits that have been ‘‘(2) $21,800,000 to carry out subsections (a) (D) rulemaking activity in related areas. issued, denied, revoked, or suspended since in- and (b) of section 5116, of which not less than (3) RULEMAKING.—After completing the review ception of the program and the number of com- $13,650,000 shall be available to carry out sec- and analysis under paragraph (1), but not later mercial motor carriers that have never had a tion 5116(b); than 3 years after the date of enactment of this permit denied, revoked, or suspended since in- ‘‘(3) $150,000 to carry out section 5116(f); Act, and after providing notice and opportunity ception of the program; ‘‘(4) $625,000 to publish and distribute the for public comment, the Secretary shall issue (3) the reasons for such denials, revocations, Emergency Response Guidebook under section regulations to incorporate into the hazardous or suspensions; 5116(i)(3); and materials regulations any special permits identi- (4) the criteria used by the Federal Motor Car- ‘‘(5) $1,000,000 to carry out section 5116(j). fied in the review under paragraph (1) that the rier Safety Administration to determine whether ‘‘(c) HAZARDOUS MATERIALS TRAINING Secretary determines are appropriate for incor- a hazardous material safety permit issued by a GRANTS.—From the Hazardous Materials Emer- poration, based on the factors identified in State is equivalent to the Federal permit; and gency Preparedness Fund established pursuant paragraph (2). (5) actions the Secretary could implement to to section 5116(i), the Secretary may expend $4,000,000 for each of the fiscal years 2013 and (c) INCORPORATION INTO REGULATION.—Sec- improve the program, including whether to pro- tion 5117 is amended by adding at the end the vide opportunities for an additional level of fit- 2014 to carry out section 5107(e). ‘‘(d) CREDITS TO APPROPRIATIONS.— following: ness review prior to the denial, revocation, or ‘‘(1) EXPENSES.—In addition to amounts oth- ‘‘(f) INCORPORATION INTO REGULATIONS.— suspension of a safety permit. erwise made available to carry out this chapter, ‘‘(1) IN GENERAL.—Not later than 1 year after (b) ACTIONS TAKEN.—Not later than 2 years the Secretary may credit amounts received from the date on which a special permit has been in after the date of enactment of this Act, based on a State, Indian tribe, or other public authority continuous effect for a 10-year period, the Sec- the study conducted under subsection (a), the or private entity for expenses the Secretary in- retary shall conduct a review and analysis of Secretary shall either institute a rulemaking to curs in providing training to the State, author- that special permit to determine whether it may make any necessary improvements to the haz- ity, or entity. be converted into the hazardous materials regu- ardous materials safety permit program under ‘‘(2) AVAILABILITY OF AMOUNTS.—Amounts lations. section 5109 of title 49, United States Code or made available under this section shall remain ‘‘(2) FACTORS.—In conducting the review and publish in the Federal Register the Secretary’s available until expended.’’. analysis under paragraph (1), the Secretary justification for why a rulemaking is not nec- may consider— essary. TITLE IV—SPORT FISH RESTORATION AND ‘‘(A) the safety record for hazardous materials SEC. 33015. WETLINES. RECREATIONAL BOATING SAFETY ACT transported under the special permit; (a) EVALUATION.—Not later than 1 year after OF 2012 ‘‘(B) the application of a special permit; the date of enactment of this Act, the United SEC. 34001. SHORT TITLE. ‘‘(C) the suitability of provisions in the special States Government Accountability Office shall This title may be cited as the ‘‘Sport Fish Res- permit for incorporation into the hazardous ma- evaluate, and transmit to the Committee on toration and Recreational Boating Safety Act of terials regulations; and Commerce, Science, and Transportation of the 2012’’. ‘‘(D) rulemaking activity in related areas. Senate and the Committee on Transportation SEC. 34002. AMENDMENT OF FEDERAL AID IN ‘‘(3) RULEMAKING.—After completing the re- and Infrastructure of the House of Representa- SPORT FISH RESTORATION ACT. view and analysis under paragraph (1) and tives, a report on the safety of transporting Section 4 of the Federal Aid in Fish Restora- after providing notice and opportunity for pub- flammable liquids in the external product piping tion Act (16 U.S.C. 777c) is amended— lic comment, the Secretary shall either institute of cargo tank motor vehicles (commonly referred (1) in subsection (a), by striking ‘‘of fiscal a rulemaking to incorporate the special permit to as wetlines). The evaluation shall— years 2006 through 2011 and for the period be- into the hazardous materials regulations or pub- (1) review the safety of transporting flam- ginning on October 1, 2011, and ending on June lish in the Federal Register the Secretary’s jus- mable liquids in the external product piping of 30, 2012,’’ and inserting ‘‘fiscal year through tification for why the special permit is not ap- cargo tank motor vehicles; 2014,’’; and

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00385 Fmt 4634 Sfmt 6333 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H4544 CONGRESSIONAL RECORD — HOUSE June 28, 2012 (2) in subsection (b)(1)(A), by striking ‘‘of fis- such operators on a net basis consistent with (C) Section 4071(d). cal years 2006 through 2011 and for the period section 804(c) of the National Park Air Tours (D) Section 4081(d)(3). beginning on October 1, 2011, and ending on Management Act of 2000 (title VIII of Public (b) EXTENSION OF TAX, ETC., ON USE OF CER- March 31, 2012,’’ and inserting ‘‘fiscal year Law 106–181), provided that the cumulative im- TAIN HEAVY VEHICLES.— through 2014,’’. pact of such operations does not increase noise (1) IN GENERAL.—Each of the following provi- TITLE V—MISCELLANEOUS at Grand Canyon National Park. sions of the Internal Revenue Code of 1986 is SEC. 35002. COMMERCIAL AIR TOUR OPERATIONS. amended by striking ‘‘2013’’ each place it ap- SEC. 35001. OVERFLIGHTS IN GRAND CANYON NA- pears and inserting ‘‘2017’’: TIONAL PARK. Section 40128(b)(1)(C) of title 49, United States (A) Section 4481(f). (a) DETERMINATIONS WITH RESPECT TO SUB- Code, is amended to read as follows: (B) Section 4482(d). STANTIAL RESTORATION OF NATURAL QUIET AND ‘‘(C) EXCEPTION.—An application to begin or (2) EXTENSION AND TECHNICAL CORRECTION.— EXPERIENCE.— expand commercial air tour operations at Crater (A) IN GENERAL.—Paragraph (4) of section (1) IN GENERAL.—Notwithstanding any other Lake National Park or Great Smoky Mountains 4482(c) of such Code is amended to read as fol- provision of law, for purposes of section 3(b)(1) National Park may be denied without the estab- lows: of Public Law 100–91 (16 U.S.C. 1a–1 note), the lishment of an air tour management plan by the ‘‘(4) TAXABLE PERIOD.—The term ‘taxable pe- substantial restoration of the natural quiet and Director of the National Park Service if the Di- riod’ means any year beginning before July 1, experience of the Grand Canyon National Park rector determines that such operations would 2017, and the period which begins on July 1, (in this section referred to as the ‘‘Park’’) shall adversely affect park resources or visitor experi- 2017, and ends at the close of September 30, be considered to be achieved in the Park if, for ences.’’. 2017.’’. at least 75 percent of each day, 50 percent of the SEC. 35003. QUALIFICATIONS FOR PUBLIC AIR- CRAFT STATUS. (B) EFFECTIVE DATE.—The amendment made Park is free of sound produced by commercial by this paragraph shall take effect as if in- air tour operations that have an allocation to Section 40125 of title 49, United States Code, is amended by adding at the end the following: cluded in the amendments made by section 142 conduct commercial air tours in the Park as of of the Surface Transportation Extension Act of ‘‘(d) SEARCH AND RESCUE PURPOSES.—An air- the date of enactment of this Act. 2011, Part II. (2) CONSIDERATIONS.— craft described in section 40102(a)(41)(D) that is (c) FLOOR STOCKS REFUNDS.—Section (A) IN GENERAL.—For purposes of determining not exclusively leased for at least 90 continuous 6412(a)(1) of the Internal Revenue Code of 1986 whether substantial restoration of the natural days by the government of a State, the District is amended— quiet and experience of the Park has been of Columbia, or a territory or possession of the (1) by striking ‘‘July 1, 2012’’ each place it ap- achieved in accordance with paragraph (1), the United States or a political subdivision of 1 of pears and inserting ‘‘October 1, 2016’’, those governments, qualifies as a public aircraft Secretary of the Interior (in this section referred (2) by striking ‘‘December 31, 2012’’ each place if the Administrator determines that— to as the ‘‘Secretary’’) shall use— it appears and inserting ‘‘March 31, 2017’’, and ‘‘(1) there are extraordinary circumstances; (i) the 2-zone system for the Park in effect on (3) by striking ‘‘October 1, 2012’’ and inserting ‘‘(2) the aircraft will be used for the perform- the date of enactment of this Act to assess im- ‘‘January 1, 2017’’. pacts relating to substantial restoration of nat- ance of search and rescue missions; (d) EXTENSION OF CERTAIN EXEMPTIONS.— ‘‘(3) a community would not otherwise have ural quiet at the Park, including— (1) Section 4221(a) of the Internal Revenue access to search and rescue services; and (I) the thresholds for noticeability and audi- Code of 1986 is amended by striking ‘‘July 1, ‘‘(4) a government entity demonstrates that bility; and 2012’’ and inserting ‘‘October 1, 2016’’. granting the waiver is necessary to prevent an (II) the distribution of land between the 2 (2) Section 4483(i) of such Code is amended by undue economic burden on that government.’’. zones; and striking ‘‘July 1, 2012’’ and inserting ‘‘October 1, (ii) noise modeling science that is— DIVISION D—FINANCE 2017’’. (I) developed for use at the Park, specifically SEC. 40001. SHORT TITLE. (e) EXTENSION OF TRANSFERS OF CERTAIN Integrated Noise Model Version 6.2; This division may be cited as the ‘‘Highway TAXES.— (II) validated by reasonable standards for Investment, Job Creation, and Economic Growth (1) IN GENERAL.—Section 9503 of the Internal conducting field observations of model results; Act of 2012’’. Revenue Code of 1986 is amended— and TITLE I—EXTENSION OF HIGHWAY TRUST (A) in subsection (b)— (III) accepted and validated by the Federal (i) by striking ‘‘July 1, 2012’’ each place it ap- Interagency Committee on Aviation Noise. FUND EXPENDITURE AUTHORITY AND RELATED TAXES pears in paragraphs (1) and (2) and inserting (B) SOUND FROM OTHER SOURCES.—The Sec- ‘‘October 1, 2016’’, retary shall not consider sound produced by SEC. 40101. EXTENSION OF TRUST FUND EXPEND- (ii) by striking ‘‘JULY 1, 2012’’ in the heading of sources other than commercial air tour oper- ITURE AUTHORITY. paragraph (2) and inserting ‘‘OCTOBER 1, 2016’’, ations, including sound emitted by other types (a) HIGHWAY TRUST FUND.—Section 9503 of (iii) by striking ‘‘June 30, 2012’’ in paragraph of aircraft operations or other noise sources, for the Internal Revenue Code of 1986 is amended— (2) and inserting ‘‘September 30, 2016’’, and purposes of— (1) by striking ‘‘July 1, 2012’’ in subsections (iv) by striking ‘‘April 1, 2013’’ in paragraph (i) making recommendations, developing a (b)(6)(B), (c)(1), and (e)(3) and inserting ‘‘Octo- (2) and inserting ‘‘July 1, 2017’’, and final plan, or issuing regulations relating to ber 1, 2014’’, and (B) in subsection (c)(2), by striking ‘‘April 1, commercial air tour operations in the Park; or (2) by striking ‘‘Surface Transportation Ex- 2013’’ and inserting ‘‘July 1, 2017’’. (ii) determining under paragraph (1) whether tension Act of 2012’’ in subsections (c)(1) and (2) MOTORBOAT AND SMALL-ENGINE FUEL TAX substantial restoration of the natural quiet and (e)(3) and inserting ‘‘MAP-21’’. TRANSFERS.— (b) SPORT FISH RESTORATION AND BOATING experience of the Park has been achieved. (A) IN GENERAL.—Paragraphs (3)(A)(i) and (3) CONTINUED MONITORING.—The Secretary TRUST FUND.—Section 9504 of the Internal Rev- (4)(A) of section 9503(c) of such Code are each shall continue monitoring noise from aircraft enue Code of 1986 is amended— amended by striking ‘‘July 1, 2012’’ and insert- operating over the Park below 17,999 feet MSL (1) by striking ‘‘Surface Transportation Ex- ing ‘‘October 1, 2016’’. tension Act of 2012’’ each place it appears in to ensure continued compliance with the sub- (B) CONFORMING AMENDMENTS TO LAND AND subsection (b)(2) and inserting ‘‘MAP-21’’, and stantial restoration of natural quiet and experi- WATER CONSERVATION FUND.—Section 201(b) of ence of the Park. (2) by striking ‘‘July 1, 2012’’ in subsection the Land and Water Conservation Fund Act of (4) DAY DEFINED.—For purposes of this sec- (d)(2) and inserting ‘‘October 1, 2014’’. 1965 (16 U.S.C. 460l–11(b)) is amended— tion, the term ‘‘day’’ means the hours between (c) LEAKING UNDERGROUND STORAGE TANK (i) by striking ‘‘July 1, 2013’’ each place it ap- 7:00 a.m. and 7:00 p.m. TRUST FUND.—Paragraph (2) of section 9508(e) pears and inserting ‘‘October 1, 2017’’, and (b) CONVERSION TO QUIET TECHNOLOGY AIR- of the Internal Revenue Code of 1986 is amended (ii) by striking ‘‘July 1, 2012’’ and inserting CRAFT.— by striking ‘‘July 1, 2012’’ and inserting ‘‘Octo- ‘‘October 1, 2016’’. N GENERAL ber 1, 2014’’. (1) I .—Not later than 15 years after (f) EFFECTIVE DATE.—Except as otherwise the date of enactment of this Act, all commercial (d) EFFECTIVE DATE.—The amendments made provided in this section, the amendments made air tour aircraft operating in the Grand Canyon by this section shall take effect on July 1, 2012. by this section shall take effect on July 1, 2012. National Park Special Flight Rules Area shall SEC. 40102. EXTENSION OF HIGHWAY-RELATED be required to fully convert to quiet aircraft TAXES. TITLE II—REVENUE PROVISIONS technology (as determined in accordance with (a) IN GENERAL.— Subtitle A—Leaking Underground Storage regulations in effect on the day before the date (1) Each of the following provisions of the In- Tank Trust Fund of enactment of this Act). ternal Revenue Code of 1986 is amended by SEC. 40201. TRANSFER FROM LEAKING UNDER- (2) CONVERSION INCENTIVES.—Not later than striking ‘‘June 30, 2012’’ and inserting ‘‘Sep- GROUND STORAGE TANK TRUST 60 days after the date of enactment of this Act, tember 30, 2016’’: FUND TO HIGHWAY TRUST FUND. the Secretary and the Administrator of the Fed- (A) Section 4041(a)(1)(C)(iii)(I). (a) IN GENERAL.—Subsection (c) of section eral Aviation Administration shall provide in- (B) Section 4041(m)(1)(B). 9508 of the Internal Revenue Code of 1986 is centives for commercial air tour operators that (C) Section 4081(d)(1). amended— convert to quiet aircraft technology (as deter- (2) Each of the following provisions of such (1) by striking ‘‘Amounts’’ and inserting: mined in accordance with the regulations in ef- Code is amended by striking ‘‘July 1, 2012’’ and ‘‘(1) IN GENERAL.—Except as provided in para- fect on the day before the date of enactment of inserting ‘‘October 1, 2016’’: graph (2), amounts’’, and this Act) before the date specified in paragraph (A) Section 4041(m)(1)(A). (2) by adding at the end the following new (1), such as increasing the flight allocations for (B) Section 4051(c). paragraph:

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‘‘(2) TRANSFER TO HIGHWAY TRUST FUND.—Out ‘‘(g) SEGMENT RATES DETERMINED WITHOUT out regard to section 303(h)(2)(C)(iv)) greater of amounts in the Leaking Underground Storage PENSION STABILIZATION.—For purposes of this than $500,000, and Tank Trust Fund there is hereby appropriated section, section 430 shall be applied without re- ‘‘(III) the plan had 50 or more participants on $2,400,000,000 to be transferred under section gard to subsection (h)(2)(C)(iv) thereof.’’. any day during the preceding plan year. 9503(f)(3) to the Highway Account (as defined in (b) AMENDMENTS TO EMPLOYEE RETIREMENT For purposes of any determination under subsection 9503(e)(5)(B)) in the Highway Trust INCOME SECURITY ACT OF 1974.— clause (III), the aggregation rule under the last (1) IN GENERAL.—Subparagraph (C) of section Fund.’’. sentence of section 303(g)(2)(B) shall apply. (b) TRANSFER TO HIGHWAY TRUST FUND.— 303(h)(2) of the Employee Retirement Income Se- ‘‘(iii) SPECIAL RULE FOR PLAN YEARS BEGIN- (1) IN GENERAL.—Subsection (f) of section 9503 curity Act of 1974 (29 U.S.C. 1083(h)(2)) is NING BEFORE 2012.—In the case of a preceding of the Internal Revenue Code of 1986 is amended amended by adding at the end the following plan year referred to in clause (i)(III) which be- by inserting after paragraph (2) the following new clause: new paragraph: ‘‘(iv) SEGMENT RATE STABILIZATION.— gins before January 1, 2012, the information de- ‘‘(3) INCREASE IN FUND BALANCE.—There is ‘‘(I) IN GENERAL.—If a segment rate described scribed in such clause shall be provided only hereby transferred to the Highway Account (as in clause (i), (ii), or (iii) with respect to any ap- without regard to section 303(h)(2)(C)(iv).’’. defined in subsection (e)(5)(B)) in the Highway plicable month (determined without regard to (B) MODEL NOTICE.—The Secretary of Labor Trust Fund amounts appropriated from the this clause) is less than the applicable minimum shall modify the model notice required to be Leaking Underground Storage Tank Trust Fund percentage, or more than the applicable max- published under section 501(c) of the Pension under section 9508(c)(2).’’. imum percentage, of the average of the segment Protection Act of 2006 to prominently include (2) CONFORMING AMENDMENTS.—Paragraph (4) rates described in such clause for years in the the information described in section 101(f)(2)(D) of section 9503(f) of such Code is amended— 25-year period ending with September 30 of the of the Employee Retirement Income Security Act (A) by inserting ‘‘or transferred’’ after ‘‘ap- calendar year preceding the calendar year in of 1974, as added by this paragraph. propriated’’, and which the plan year begins, then the segment (3) CONFORMING AMENDMENTS.— (B) by striking ‘‘APPROPRIATED’’ in the head- rate described in such clause with respect to the (A) Subparagraph (F) of section 303(h)(2) of ing thereof. applicable month shall be equal to the applica- such Act (29 U.S.C. 1083(h)(2)) is amended by in- Subtitle B—Pension Provisions ble minimum percentage or the applicable max- serting ‘‘and the averages determined under PART I—PENSION FUNDING imum percentage of such average, whichever is subparagraph (C)(iv)’’ after ‘‘subparagraph STABILIZATION closest. The Secretary of the Treasury shall de- (C)’’. SEC. 40211. PENSION FUNDING STABILIZATION. termine such average on an annual basis and (B) Clauses (ii) and (iii) of section 205(g)(3)(B) (a) AMENDMENTS TO INTERNAL REVENUE CODE may prescribe equivalent rates for years in any of such Act (29 U.S.C. 1055(g)(3)(B)) are each OF 1986.— such 25-year period for which the rates de- amended by striking ‘‘section 303(h)(2)(C)’’ and (1) IN GENERAL.—Subparagraph (C) of section scribed in any such clause are not available. inserting ‘‘section 303(h)(2)(C) (determined by 430(h)(2) of the Internal Revenue Code of 1986 is ‘‘(II) APPLICABLE MINIMUM PERCENTAGE; AP- not taking into account any adjustment under amended by adding at the end the following PLICABLE MAXIMUM PERCENTAGE.—For purposes clause (iv) thereof)’’. new clause: of subclause (I), the applicable minimum per- (C) Clause (iv) of section 4006(a)(3)(E) of such ‘‘(iv) SEGMENT RATE STABILIZATION.— centage and the applicable maximum percentage ‘‘(I) IN GENERAL.—If a segment rate described Act (29 U.S.C. 1306(a)(3)(E)) is amended by for a plan year beginning in a calendar year in clause (i), (ii), or (iii) with respect to any ap- striking ‘‘section 303(h)(2)(C)’’ and inserting shall be determined in accordance with the fol- plicable month (determined without regard to ‘‘section 303(h)(2)(C) (notwithstanding any reg- lowing table: this clause) is less than the applicable minimum ulations issued by the corporation, determined percentage, or more than the applicable max- by not taking into account any adjustment imum percentage, of the average of the segment under clause (iv) thereof)’’. rates described in such clause for years in the The applica- The applica- (D) Section 4010(d) of such Act (29 U.S.C. ‘‘If the calendar year ble minimum ble maximum 25-year period ending with September 30 of the is: percentage is: percentage is: 1310(d)) is amended by adding at the end the calendar year preceding the calendar year in following: which the plan year begins, then the segment 2012 ...... 90% 110 % ‘‘(3) PENSION STABILIZATION DISREGARDED.— rate described in such clause with respect to the 2013 ...... 85% 115 % For purposes of this section, the segment rates applicable month shall be equal to the applica- 2014 ...... 80% 120 % used in determining the funding target and ble minimum percentage or the applicable max- 2015 ...... 75% 125 % funding target attainment percentage shall be imum percentage of such average, whichever is After 2015 ...... 70% 130 %.’’. determined by not taking into account any ad- closest. The Secretary shall determine such av- justment under section 302(h)((2)(C)(iv).’’. erage on an annual basis and may prescribe (2) DISCLOSURE OF EFFECT OF SEGMENT RATE (c) EFFECTIVE DATE.— equivalent rates for years in any such 25-year STABILIZATION ON PLAN FUNDING.— (1) IN GENERAL.—The amendments made by period for which the rates described in any such (A) IN GENERAL.—Paragraph (2) of section this section shall apply with respect to plan clause are not available. 101(f) of such Act (29 U.S.C. 1021(f)) is amended years beginning after December 31, 2011. ‘‘(II) APPLICABLE MINIMUM PERCENTAGE; AP- by adding at the end the following new sub- (2) RULES WITH RESPECT TO ELECTIONS.— PLICABLE MAXIMUM PERCENTAGE.—For purposes paragraph: (A) ADJUSTED FUNDING TARGET ATTAINMENT of subclause (I), the applicable minimum per- ‘‘(D) EFFECT OF SEGMENT RATE STABILIZATION PERCENTAGE.—A plan sponsor may elect not to centage and the applicable maximum percentage ON PLAN FUNDING.— have the amendments made by this section for a plan year beginning in a calendar year ‘‘(i) IN GENERAL.—In the case of a single-em- apply to any plan year beginning before Janu- shall be determined in accordance with the fol- ployer plan for an applicable plan year, each ary 1, 2013, either (as specified in the election)— lowing table: notice under paragraph (1) shall include— ‘‘(I) a statement that the MAP-21 modified the (i) for all purposes for which such amend- method for determining the interest rates used to ments apply, or determine the actuarial value of benefits earned (ii) solely for purposes of determining the ad- ‘‘If the calendar year The applica- The applicable minimum ble maximum under the plan, providing for a 25-year average justed funding target attainment percentage is: percentage is: percentage is: of interest rates to be taken into account in ad- under sections 436 of the Internal Revenue Code dition to a 2-year average, of 1986 and 206(g) of the Employee Retirement 2012 ...... 90% 110 % ‘‘(II) a statement that, as a result of the MAP- Income Security Act of 1974 for such plan year. 2013 ...... 85% 115 % 21, the plan sponsor may contribute less money A plan shall not be treated as failing to meet the 2014 ...... 80% 120 % to the plan when interest rates are at historical requirements of sections 204(g) of such Act and 2015 ...... 75% 125 % lows, and 411(d)(6) of such Code solely by reason of an ‘‘(III) a table which shows (determined both After 2015 ...... 70% 130 %.’’. election under this paragraph. with and without regard to section 303(h)(2)(C)(iv)) the funding target attainment (B) OPT OUT OF EXISTING ELECTIONS.—If, on (2) CONFORMING AMENDMENTS.— the date of the enactment of this Act, an elec- (A) Paragraph (6) of section 404(o) of such percentage (as defined in section 303(d)(2)), the tion is in effect with respect to any plan under Code is amended by inserting ‘‘(determined by funding shortfall (as defined in section sections 303(h)((2)(D)(ii) of the Employee Retire- not taking into account any adjustment under 303(c)(4)), and the minimum required contribu- ment Income Security Act of 1974 and clause (iv) of subsection (h)(2)(C) thereof)’’ be- tion (as determined under section 303), for the 430(h)((2)(D)(ii) of the Internal Revenue Code of fore the period. applicable plan year and each of the 2 preceding (B) Subparagraph (F) of section 430(h)(2) of plan years. 1986, then, notwithstanding the last sentence of such Code is amended by inserting ‘‘and the ‘‘(ii) APPLICABLE PLAN YEAR.—For purposes of each such section, the plan sponsor may revoke averages determined under subparagraph this subparagraph, the term ‘applicable plan such election without the consent of the Sec- (C)(iv)’’ after ‘‘subparagraph (C)’’. year’ means any plan year beginning after De- retary of the Treasury. The plan sponsor may (C) Subparagraphs (C) and (D) of section cember 31, 2011, and before January 1, 2015, for make such revocation at any time before the 417(e)(3) of such Code are each amended by which— date which is 1 year after such date of enact- striking ‘‘section 430(h)(2)(C)’’ and inserting ‘‘(I) the funding target (as defined in section ment and such revocation shall be effective for ‘‘section 430(h)(2)(C) (determined by not taking 303(d)(2)) is less than 95 percent of such funding the 1st plan year to which the amendments into account any adjustment under clause (iv) target determined without regard to section made by this section apply and all subsequent thereof)’’. 303(h)(2)(C)(iv), plan years. Nothing in this subparagraph shall (D) Section 420 of such Code is amended by ‘‘(II) the plan has a funding shortfall (as de- preclude a plan sponsor from making a subse- adding at the end the following new subsection: fined in section 303(c)(4) and determined with- quent election in accordance with such sections.

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PART II—PBGC PREMIUMS ‘‘(ii) 2012, in the case of plan years beginning (1) IN GENERAL.—Section 4002(d) of the Em- SEC. 40221. SINGLE EMPLOYER PLAN ANNUAL in calendar year 2015; and ployee Retirement Income Security Act of 1974 PREMIUM RATES. ‘‘(iii) 2013, in the case of plan years beginning (29 U.S.C. 1302(d)) is amended— (a) FLAT-RATE PREMIUM.— after calendar year 2015.’’. (A) by striking ‘‘(d) The board of directors’’ (1) IN GENERAL.—Clause (i) of section (3) CAP.— and inserting ‘‘(d)(1) The board of directors’’; 4006(a)(3)(A) of the Employee Retirement Income (A) IN GENERAL.—Subparagraph (E)(i) of sec- and Security Act of 1974 (29 U.S.C. 1306(a)(3)(A)) is tion 4006(a)(3) of such Act (29 U.S.C. 1306(a)(3)) (B) by adding at the end the following: amended to read as follows: is amended by striking ‘‘for any plan year shall ‘‘(2) A majority of the members of the board of ‘‘(i) in the case of a single-employer plan, an be’’ and all that follows through the end and in- directors in office shall constitute a quorum for amount for each individual who is a participant serting the following ‘‘for any plan year— the transaction of business. The vote of the main such plan during the plan year equal to the ‘‘(I) shall be an amount equal to the amount jority of the members present and voting at a sum of the additional premium (if any) deter- determined under clause (ii) divided by the num- meeting at which a quorum is present shall be mined under subparagraph (E) and— ber of participants in such plan as of the close the act of the board of directors. ‘‘(I) for plan years beginning after December of the preceding plan year; and ‘‘(3) Each member of the board of directors 31, 2005, and before January 1, 2013, $30; ‘‘(II) in the case of plan years beginning in a shall designate in writing an official, not below ‘‘(II) for plan years beginning after December calendar year after 2012, shall not exceed $400.’’. the level of Assistant Secretary, to serve as the 31, 2012, and before January 1, 2014, $42; and (B) ADJUSTMENT FOR INFLATION.—Paragraph voting representative of such member on the ‘‘(III) for plan years beginning after December (3) of section 4006(a) of such Act (29 U.S.C. board. Such designation shall be effective until 31, 2013, $49.’’. 1306(a)(3)), as amended by this Act, is amended revoked or until a date or event specified there- (2) ADJUSTMENT FOR INFLATION.—Subpara- by adding at the end the following: in. Any such representative may refer for board graph (F) of section 4006(a)(3) of such Act (29 ‘‘(J) For each plan year beginning in a cal- action any matter under consideration by the U.S.C. 1306(a)(3)) is amended— endar year after 2013, there shall be substituted designating board member, but such representa- (A) in clause (i)(II), by inserting ‘‘(2012 in the for the dollar amount specified in subclause (II) tive shall not count toward establishment of a case of plan years beginning after calendar year of subparagraph (E)(i) an amount equal to the quorum as described under paragraph (2). 2014)’’ after ‘‘2004’’; and greater of— ‘‘(4) The Inspector General of the corporation (B) by adding at the end the following new ‘‘(i) the product derived by multiplying such shall report to the board of directors, and not sentence: ‘‘This subparagraph shall not apply to dollar amount by the ratio of— less than twice a year, shall attend a meeting of plan years beginning in 2013 or 2014.’’. ‘‘(I) the national average wage index (as de- the board of directors to provide a report on the (b) VARIABLE-RATE PREMIUM.— fined in section 209(k)(1) of the Social Security activities and findings of the Inspector General, (1) IN GENERAL.—Subparagraph (E)(ii) of sec- Act) for the first of the 2 calendar years pre- including with respect to monitoring and review tion 4006(a)(3) of the Employee Retirement In- ceding the calendar year in which such plan of the operations of the corporation. come Security Act of 1974 (29 U.S.C. 1306(a)(3)) year begins, to ‘‘(5) The General Counsel of the corporation is amended by striking ‘‘$9.00’’ and inserting ‘‘(II) the national average wage index (as so shall— ‘‘(A) serve as the secretary to the board of di- ‘‘the applicable dollar amount under paragraph defined) for 2011; and rectors, and advise such board as needed; and (8)’’. ‘‘(ii) such dollar amount for plan years begin- ‘‘(B) have overall responsibility for all legal (2) APPLICABLE DOLLAR AMOUNT.—Section ning in the preceding calendar year. matters affecting the corporation and provide 4006(a) of such Act (29 U.S.C. 1306(a)) is amend- If the amount determined under this subpara- the corporation with legal advice and opinions ed by adding at the end the following: graph is not a multiple of $1, such product shall on all matters of law affecting the corporation, ‘‘(8) APPLICABLE DOLLAR AMOUNT FOR VARI- be rounded to the nearest multiple of $1.’’. except that the authority of the General Counsel ABLE RATE PREMIUM.—For purposes of para- SEC. 40222. MULTIEMPLOYER ANNUAL PREMIUM shall not extend to the Office of Inspector Gen- graph (3)(E)(ii)— RATES. eral and the independent legal counsel of such ‘‘(A) IN GENERAL.—Except as provided in sub- (a) IN GENERAL.—Subparagraph (A) of section Office. paragraphs (B) and (C), the applicable dollar 4006(a)(3) of the Employee Retirement Income ‘‘(6) Notwithstanding any other provision of amount shall be— Security Act of 1974 (29 U.S.C. 1306(a)(3)) is this Act, the Office of Inspector General and the ‘‘(i) $9 for plan years beginning in a calendar amended— legal counsel of such Office are independent of year before 2015; (1) by inserting ‘‘and before January 1, 2013,’’ the management of the corporation and the ‘‘(ii) for plan years beginning in calendar after ‘‘December 31, 2005,’’ in clause (iv), General Counsel of the corporation. year 2015, the amount in effect for plan years (2) by striking ‘‘or’’ at the end of clause (iii), ‘‘(7) The board of directors may appoint and beginning in 2014 (determined after application (3) by striking the period at the end of clause fix the compensation of employees as may be re- of subparagraph (C)); and (iv) and inserting ‘‘, or’’, and quired to enable the board of directors to per- ‘‘(iii) for plan years beginning after calendar (4) by adding at the end the following new form its duties. The board of directors shall de- year 2015, the amount in effect for plan years clause: termine the qualifications and duties of such beginning in 2015 (determined after application ‘‘(v) in the case of a multiemployer plan, for employees and may appoint and fix the com- of subparagraph (C)). plan years beginning after December 31, 2012, pensation of experts and consultants in accord- ‘‘(B) ADJUSTMENT FOR INFLATION.—For each $12.00 for each individual who is a participant ance with the provisions of section 3109 of title plan year beginning in a calendar year after in such plan during the applicable plan year.’’. 5, United States Code.’’. 2012, there shall be substituted for the applica- (b) INFLATION ADJUSTMENT.—Paragraph (3) of (2) NUMBER OF MEETINGS; PUBLIC AVAIL- ble dollar amount specified under subparagraph section 4006(a) of the Employee Retirement In- ABILITY.—Section 4002(e) of such Act (29 U.S.C. (A) an amount equal to the greater of— come Security Act of 1974 (29 U.S.C. 1306(a)(3)) 1302(e)) is amended— ‘‘(i) the product derived by multiplying such is amended by adding at the end the following: ‘‘(I) For each plan year beginning in a cal- (A) by striking ‘‘The board’’ and inserting applicable dollar amount for plan years begin- ‘‘(1) The board’’; ning in that calendar year by the ratio of— endar year after 2013, there shall be substituted for the premium rate specified in clause (v) of (B) by striking ‘‘the corporation.’’ and insert- ‘‘(I) the national average wage index (as de- ing ‘‘the corporation, but in no case less than 4 fined in section 209(k)(1) of the Social Security subparagraph (A) an amount equal to the greater of— times a year with not fewer than 2 members Act) for the first of the 2 calendar years pre- present. Not less than 1 meeting of the board of ceding the calendar year in which such plan ‘‘(i) the product derived by multiplying the premium rate specified in clause (v) of subpara- directors during each year shall be a joint meet- year begins, to ing with the advisory committee under sub- ‘‘(II) the national average wage index (as so graph (A) by the ratio of— ‘‘(I) the national average wage index (as de- section (h).’’; and defined) for the base year; and (C) by adding at the end the following: ‘‘(ii) such applicable dollar amount in effect fined in section 209(k)(1) of the Social Security Act) for the first of the 2 calendar years pre- ‘‘(2)(A) Except as provided in subparagraph for plan years beginning in the preceding cal- (B), the chairman of the board of directors shall endar year. ceding the calendar year in which such plan year begins, to make available to the public the minutes from If the amount determined under this subpara- ‘‘(II) the national average wage index (as so each meeting of the board of directors. graph is not a multiple of $1, such product shall defined) for 2011; and ‘‘(B) The minutes of a meeting of the board of be rounded to the nearest multiple of $1. ‘‘(ii) the premium rate in effect under clause directors, or a portion thereof, shall not be sub- ‘‘(C) ADDITIONAL INCREASE IN 2014 AND 2015.— (v) of subparagraph (A) for plan years begin- ject to disclosure under subparagraph (A) if the The applicable dollar amount determined under ning in the preceding calendar year. chairman reasonably determines that such min- subparagraph (A) (after the application of sub- utes, or portion thereof, contain confidential paragraph (B)) shall be increased— If the amount determined under this subpara- employer information including information ob- ‘‘(i) in the case of plan years beginning in cal- graph is not a multiple of $1, such product shall tained under section 4010, information about the endar year 2014, by $4; and be rounded to the nearest multiple of $1.’’. investment activities of the corporation, or in- ‘‘(ii) in the case of plan years beginning in PART III—IMPROVEMENTS OF PBGC formation regarding personnel decisions of the calendar year 2015, by $5. SEC. 40231. PENSION BENEFIT GUARANTY COR- corporation. ‘‘(D) BASE YEAR.—For purposes of subpara- PORATION GOVERNANCE IMPROVE- ‘‘(C) The minutes of a meeting, or portion of graph (B), the base year is— MENT. thereof, exempt from disclosure pursuant to sub- ‘‘(i) 2010, in the case of plan years beginning (a) BOARD OF DIRECTORS OF THE PENSION paragraph (B) shall be exempt from disclosure in calendar year 2013 or 2014; BENEFIT GUARANTY CORPORATION.— under section 552(b) of title 5, United States

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For purposes of such section 552, this subcontract with the National Academy of Public of the corporation so determines, at a rate fixed paragraph shall be considered a statute de- Administration to conduct the study described under section 9503 of such title. scribed in subsection (b)(3) of such section 552.’’. in paragraph (2) with respect to the Pension ‘‘(e) ANNUAL REPORT.— (3) ADVISORY COMMITTEE.— Benefit Guaranty Corporation. ‘‘(1) IN GENERAL.—Not later than December 31 (A) ISSUES CONSIDERED BY THE COMMITTEE.— (2) CONTENT OF STUDY.—The study conducted of each calendar year, the Participant and Plan Section 4002(h)(1) of such Act (29 U.S.C. under paragraph (1) shall include— Sponsor Advocate shall report to the Health, 1302(h)(1)) is amended— (A) a review of the governance structures of Education, Labor, and Pensions Committee of (i) by striking ‘‘, and (D)’’ and inserting ‘‘, governmental and nongovernmental organiza- the Senate, the Committee on Finance of the (D)’’; and tions that are analogous to the Pension Benefit Senate, the Committee on Education and the (ii) by striking ‘‘time to time.’’ and inserting Guaranty Corporation; and Workforce of the House of Representatives, and ‘‘time to time, and (E) other issues as deter- (B) recommendations regarding— the Committee on Ways and Means of the House mined appropriate by the advisory committee.’’. (i) the ideal size and composition of the board of Representatives on the activities of the Office (B) JOINT MEETING.—Section 4002(h)(3) of such of directors of the Pension Benefit Guaranty of the Participant and Plan Sponsor Advocate Act (29 U.S.C. 1302(h)(3)) is amended by adding Corporation; during the fiscal year ending during such cal- at the end the following: ‘‘Not less than 1 meet- (ii) procedures to select and remove members endar year. ing of the advisory committee during each year of such board; ‘‘(2) CONTENT.—Each report submitted under shall be a joint meeting with the board of direc- (iii) qualifications and term lengths of mem- paragraph (1) shall— tors under subsection (e).’’. bers of such board; and ‘‘(A) summarize the assistance requests re- (b) AVOIDING CONFLICTS OF INTEREST.—Sec- (iv) policies necessary to enhance Congres- ceived from participants and plan sponsors and tion 4002 of the Employee Retirement Income Se- sional oversight and transparency of such board describe the activities, and evaluate the effec- curity Act of 1974 (29 U.S.C. 1302) is amended by and to mitigate potential conflicts of interest of tiveness, of the Participant and Plan Sponsor adding at the end the following: the members of such board. Advocate during the preceding year; ‘‘(j) CONFLICTS OF INTEREST.— (3) SUBMISSION TO CONGRESS.—Not later than ‘‘(B) identify significant problems the Partici- ‘‘(1) IN GENERAL.—The Director of the cor- 1 year after the initiation of the study under pant and Plan Sponsor Advocate has identified; poration and each member of the board of direc- paragraph (1), the National Academy of Public ‘‘(C) include specific legislative and regu- tors shall not participate in a decision of the Administration shall submit the results of the latory changes to address the problems; and corporation in which the Director or such mem- study to the Committees on Health, Education, ‘‘(D) identify any actions taken to correct ber has a direct financial interest. The Director Labor, and Pensions and Finance of the Senate problems identified in any previous report. of the corporation shall not participate in any and the Committees on Education and the ‘‘(3) CONCURRENT SUBMISSION.—The Partici- activities that would present a potential conflict Workforce and Ways and Means of the House of pant and Plan Sponsor Advocate shall submit a of interest or appearance of a conflict of interest Representatives. copy of each report to the Secretary of Labor, without approval of the board of directors. SEC. 40232. PARTICIPANT AND PLAN SPONSOR the Director of the corporation, and any other ‘‘(2) ESTABLISHMENT OF POLICY.—The board of ADVOCATE. appropriate official at the same time such report directors shall establish a policy that will inform (a) IN GENERAL.—Title IV of the Employee Re- is submitted to the committees of Congress under the identification of potential conflicts of inter- tirement Income Security Act of 1974 (29 U.S.C. paragraph (1).’’. ests of the members of the board of directors and 1301 et seq.) is amended by inserting after sec- (b) ADVISORY COMMITTEE NOMINATIONS.—Sec- mitigate perceived conflicts of interest of such tion 4003 the following: tion 4002(h)(1) of the Employee Retirement In- members and the Director of the corporation.’’. come Security Act of 1974 (29 U.S.C.1302(h)(1)) is (c) RISK MITIGATION.—Section 4002 of the Em- ‘‘SEC. 4004. PARTICIPANT AND PLAN SPONSOR amended by adding at the end the following ployee Retirement Income Security Act of 1974 ADVOCATE. new sentence: ‘‘In the event of a vacancy or im- (29 U.S.C. 1302), as amended by subsection (b), ‘‘(a) IN GENERAL.—The board of directors of pending vacancy in the office of the Participant is further amended by adding at the end the fol- the corporation shall select a Participant and and Plan Sponsor Advocate established under lowing: Plan Sponsor Advocate from the candidates section 4004, the Advisory Committee shall, in ‘‘(k) RISK MANAGEMENT OFFICER.—The cor- nominated by the advisory committee to the cor- consultation with the Director of the corpora- poration shall have a risk management officer poration under section 4002(h)(1) and without tion and participant and plan sponsor advocacy whose duties include evaluating and mitigating regard to the provisions of title 5, United States groups, nominate at least two but no more than the risk that the corporation might experience. Code, relating to appointments in the competi- three individuals to serve as the Participant and The individual in such position shall coordinate tive service or Senior Executive Service. Plan Sponsor Advocate.’’. the risk management efforts of the corporation, ‘‘(b) DUTIES.—The Participant and Plan (c) CLERICAL AMENDMENT.—The table of con- explain risks and controls to senior management Sponsor Advocate shall— tents in section 1 of the Employee Retirement and the board of directors of the corporation, ‘‘(1) act as a liaison between the corporation, Income Security Act of 1974 is amended by in- and make recommendations.’’. sponsors of defined benefit pension plans inserting after the item relating to section 4003 the (d) DIRECTOR.—Section 4002(c) of the Em- sured by the corporation, and participants in following new item: ployee Retirement Income Security Act of 1974 pension plans trusteed by the corporation; (29 U.S.C. 1302(c)) is amended to read as fol- ‘‘(2) advocate for the full attainment of the ‘‘4004. Participant and Plan Sponsor Advo- lows: rights of participants in plans trusteed by the cate.’’. ‘‘(c) The Director shall be accountable to the corporation; SEC. 40233. QUALITY CONTROL PROCEDURES FOR board of directors. The Director shall serve for a ‘‘(3) assist pension plan sponsors and partici- THE PENSION BENEFIT GUARANTY term of 5 years unless removed by the President pants in resolving disputes with the corporation; CORPORATION. or the board of directors before the expiration of ‘‘(4) identify areas in which participants and (a) ANNUAL PEER REVIEW OF INSURANCE MOD- such 5-year term.’’. plan sponsors have persistent problems in deal- ELING SYSTEMS.—The Pension Benefit Guaranty (e) SENSES OF CONGRESS.— ings with the corporation; Corporation shall contract with a capable agen- (1) FORMATION OF COMMITTEES.—It is the ‘‘(5) to the extent possible, propose changes in cy or organization that is independent from the sense of Congress that the board of directors of the administrative practices of the corporation Corporation, such as the Social Security Admin- the Pension Benefit Guaranty Corporation es- to mitigate problems; istration, to conduct an annual peer review of tablished under section 4002 of the Employee Re- ‘‘(6) identify potential legislative changes the Corporation’s Single-Employer Pension In- tirement Income Security Act of 1974 (29 U.S.C. which may be appropriate to mitigate problems; surance Modeling System and the Corporation’s 1302), as amended by this section, should form and Multiemployer Pension Insurance Modeling Sys- committees, including an audit committee and ‘‘(7) refer instances of fraud, waste, and tem. The board of directors of the Corporation an investment committee composed of not less abuse, and violations of law to the Office of the shall designate the agency or organization with than 2 members, to enhance the overall effec- Inspector General of the corporation. which any such contract is entered into. The tiveness of the board of directors. ‘‘(c) REMOVAL.—If the Participant and Plan first of such annual peer reviews shall be initi- (2) ADVISORY COMMITTEE.—It is the sense of Sponsor Advocate is removed from office or is ated no later than 3 months after the date of en- Congress that the advisory committee to the transferred to another position or location with- actment of this Act. Pension Benefit Guaranty Corporation estab- in the corporation or the Department of Labor, (b) POLICIES AND PROCEDURES RELATING TO lished under section 4002 of the Employee Re- the board of the directors of the corporation THE POLICY, RESEARCH, AND ANALYSIS DEPART- tirement Income Security Act of 1974 (29 U.S.C. shall communicate in writing the reasons for MENT.—The Pension Benefit Guaranty Corpora- 1302), as amended by this section, should pro- any such removal or transfer to Congress not tion shall— vide to the board of directors of such corpora- less than 30 days before the removal or transfer. (1) develop written quality review policies and tion policy recommendations regarding changes Nothing in this subsection shall prohibit a per- procedures for all modeling and actuarial work to the law that would be beneficial to the cor- sonnel action otherwise authorized by law, performed by the Corporation’s Policy, Re- poration or the voluntary private pension sys- other than transfer or removal. search, and Analysis Department; and tem. ‘‘(d) COMPENSATION.—The annual rate of (2) conduct a record management review of (f) STUDY REGARDING GOVERNANCE STRUC- basic pay for the Participant and Plan Sponsor such Department to determine what records TURES.— Advocate shall be the same rate as the highest must be retained as Federal records. (1) IN GENERAL.—Not later than 90 days after rate of basic pay established for the Senior Ex- (c) REPORT RELATING TO OIG RECOMMENDA- the date of enactment of this Act, the Pension ecutive Service under section 5382 of title 5, TIONS.—Not later than 2 months after the date Benefit Guaranty Corporation shall enter into a United States Code, or, if the board of directors of enactment of this Act, the Pension Benefit

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00389 Fmt 4634 Sfmt 6333 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H4548 CONGRESSIONAL RECORD — HOUSE June 28, 2012 Guaranty Corporation shall submit to Congress (D) as subparagraph (E) and by inserting after (i) in clause (i), by inserting ‘‘or retiree life in- a report, approved by the board of directors of subparagraph (C) the following new subpara- surance coverage, as the case may be,’’ after the Corporation, setting forth a timetable for graph: ‘‘retiree health coverage’’, addressing the outstanding recommendations of ‘‘(D) APPLICABLE LIFE INSURANCE BENEFITS.— (ii) in clause (ii), by inserting ‘‘FOR RETIREE the Office of the Inspector General relating to The term ‘applicable life insurance benefits’ HEALTH COVERAGE’’ after ‘‘COST REDUCTIONS’’ in the Policy, Research, and Analysis Department means group-term life insurance coverage pro- the heading thereof, and and the Benefits Administration and Payment vided to retired employees who, immediately be- (iii) in clause (ii)(II), by inserting ‘‘with re- Department. fore the qualified transfer, are entitled to receive spect to applicable health benefits’’ after ‘‘liabil- SEC. 40234. LINE OF CREDIT REPEAL. such coverage by reason of retirement and who ities of the employer’’. (D) Paragraph (2) of section 420(f) of such (a) IN GENERAL.—Subsection (c) of section are entitled to pension benefits under the plan, Code is amended by striking ‘‘collectively bar- 4005 of the Employee Retirement Income Secu- but only to the extent that such coverage is pro- gained retiree health liabilities’’ each place it rity Act of 1974 (29 U.S.C. 1305) is repealed. vided under a policy for retired employees and occurs and inserting ‘‘collectively bargained re- (b) CONFORMING AMENDMENTS.— the cost of such coverage is excludable from the tiree liabilities’’. (1) Section 4005 of the Employee Retirement retired employee’s gross income under section (E) Clause (i) of section 420(f)(2)(D) of such Income Security Act of 1974 (29 U.S.C. 1305) is 79.’’. (3) COLLECTIVELY BARGAINED LIFE INSURANCE Code is amended— amended— (i) by inserting ‘‘, and each group-term life in- (A) in subsection (b)— BENEFITS DEFINED.— (A) IN GENERAL.—Paragraph (6) of section surance plan or arrangement under which ap- (i) paragraph (1)— plicable life insurance benefits are provided,’’ in (I) by striking subparagraph (A); and 420(f) of such Code is amended by redesignating subclause (I) after ‘‘applicable health benefits (II) by redesignating subparagraphs (B) subparagraph (D) as subparagraph (E) and by inserting after subparagraph (C) the following are provided’’, through (G) as subparagraphs (A) through (F), (ii) by inserting ‘‘or applicable life insurance respectively; new subparagraph: ‘‘(D) COLLECTIVELY BARGAINED LIFE INSUR- benefits, as the case may be,’’ in subclause (I) (ii) in paragraph (2)— after ‘‘provides applicable health benefits’’, (I) by striking subparagraph (C); and ANCE BENEFITS.—The term ‘collectively bargained life insurance benefits’ means, with re- (iii) by striking ‘‘group health’’ in subclause (II) by redesignating subparagraphs (D) and (II), and (E) as subparagraphs (C) and (D), respectively; spect to any collectively bargained transfer— ‘‘(i) applicable life insurance benefits which (iv) by inserting ‘‘or collectively bargained life and insurance benefits’’ in subclause (II) after ‘‘col- (iii) in paragraph (3), by striking ‘‘but,’’ and are provided to retired employees who, immediately before the transfer, are entitled to re- lectively bargained health benefits’’. all that follows through the end and inserting a (F) Clause (ii) of section 420(f)(2)(D) of such ceive such benefits by reason of retirement, and period; and Code is amended— ‘‘(ii) if specified by the provisions of the col- (B) in subsection (g)— (i) by inserting ‘‘with respect to applicable lective bargaining agreement governing the (i) by striking paragraph (2); and health benefits or applicable life insurance ben- transfer, applicable life insurance benefits (ii) by redesignating paragraph (3) as para- efits’’ after ‘‘requirements of subsection (c)(3)’’, which will be provided at retirement to employ- graph (2). and (2) Section 4402 of such Act (29 U.S.C. 1461) is ees who are not retired employees at the time of (ii) by adding at the end the following: ‘‘Such amended— the transfer.’’. election may be made separately with respect to (A) in subsection (c)(4)— (B) CONFORMING AMENDMENTS.— applicable health benefits and applicable life in- (i) Clause (i) of section 420(e)(1)(C) of such (i) by striking subparagraph (C); and surance benefits. In the case of an election with Code is amended by striking ‘‘upon retirement’’ (ii) by redesignating subparagraph (D) as sub- respect to applicable life insurance benefits, the and inserting ‘‘by reason of retirement’’. paragraph (C); and first sentence of this clause shall be applied as (ii) Subparagraph (C) of section 420(f)(6) of (B) in subsection (d), by striking ‘‘or (D)’’. if subsection (c)(3) as in effect before the amend- such Code is amended— ments made by such Act applied to such bene- PART IV—TRANSFERS OF EXCESS (I) by striking ‘‘which are provided to’’ in the fits.’’. PENSION ASSETS matter preceding clause (i), (G) Clause (iii) of section 420(f)(2)(D) of such SEC. 40241. EXTENSION FOR TRANSFERS OF EX- (II) by inserting ‘‘which are provided to’’ be- CESS PENSION ASSETS TO RETIREE Code is amended— fore ‘‘retired employees’’ in clause (i), (i) by striking ‘‘retiree’’ each place it occurs, HEALTH ACCOUNTS. (III) by striking ‘‘upon retirement’’ in clause and (a) IN GENERAL.—Paragraph (5) of section (i) and inserting ‘‘by reason of retirement’’, and 420(b) of the Internal Revenue Code of 1986 is (ii) by inserting ‘‘, collectively bargained life (IV) by striking ‘‘active employees who, fol- insurance benefits, or both, as the case may be,’’ amended by striking ‘‘December 31, 2013’’ and lowing their retirement,’’ and inserting ‘‘which inserting ‘‘December 31, 2021’’. after ‘‘health benefits’’ each place it occurs. will be provided at retirement to employees who (d) COORDINATION WITH SECTION 79.—Section (b) CONFORMING ERISA AMENDMENTS.— are not retired employees at the time of the 79 of the Internal Revenue Code of 1986 is (1) Sections 101(e)(3), 403(c)(1), and 408(b)(13) transfer and who’’. amended by adding at the end the following of the Employee Retirement Income Security Act (c) MAINTENANCE OF EFFORT.— new subsection: of 1974 are each amended by striking ‘‘Pension (1) IN GENERAL.—Subparagraph (A) of section ‘‘(f) EXCEPTION FOR LIFE INSURANCE PUR- Protection Act of 2006’’ and inserting ‘‘MAP- 420(c)(3) of the Internal Revenue Code of 1986 is CHASED IN CONNECTION WITH QUALIFIED TRANS- 21’’. amended by inserting ‘‘, and each group-term FER OF EXCESS PENSION ASSETS.—Subsection (2) Section 408(b)(13) of such Act (29 U.S.C. life insurance plan under which applicable life (b)(3) and section 72(m)(3) shall not apply in the 1108(b)(13)) is amended by striking ‘‘January 1, insurance benefits are provided,’’ after ‘‘health case of any cost paid (whether directly or indi- 2014’’ and inserting ‘‘January 1, 2022’’. benefits are provided’’. rectly) with assets held in an applicable life in- (c) EFFECTIVE DATE.—The amendments made (2) CONFORMING AMENDMENTS.— surance account (as defined in section 420(e)(4)) by this Act shall take effect on the date of the (A) Subparagraph (B) of section 420(c)(3) of under a defined benefit plan.’’. enactment of this Act. such Code is amended— (e) CONFORMING AMENDMENTS.— SEC. 40242. TRANSFER OF EXCESS PENSION AS- (i) by redesignating subclauses (I) and (II) of (1) Section 420 of the Internal Revenue Code SETS TO RETIREE GROUP TERM LIFE clause (i) as subclauses (II) and (III) of such of 1986 is amended by striking ‘‘qualified cur- INSURANCE ACCOUNTS. clause, respectively, and by inserting before sub- rent retiree health liabilities’’ each place it ap- (a) IN GENERAL.—Subsection (a) of section 420 clause (II) of such clause, as so redesignated, pears and inserting ‘‘qualified current retiree li- of the Internal Revenue Code of 1986 is amended the following new subclause: abilities’’. by inserting ‘‘, or an applicable life insurance ‘‘(I) separately with respect to applicable (2) Section 420 of such Code is amended by in- account,’’ after ‘‘health benefits account’’. health benefits and applicable life insurance serting ‘‘, or an applicable life insurance ac- (b) APPLICABLE LIFE INSURANCE ACCOUNT DE- benefits,’’, and count,’’ after ‘‘a health benefits account’’ each FINED.— (ii) by striking ‘‘for applicable health bene- place it appears in subsection (b)(1)(A), sub- (1) IN GENERAL.—Subsection (e) of section 420 fits’’ and all that follows in clause (ii) and in- paragraphs (A), (B)(i), and (C) of subsection of the Internal Revenue Code of 1986 is amended serting ‘‘was provided during such taxable year (c)(1), subsection (d)(1)(A), and subsection by redesignating paragraphs (4) and (5) as para- for the benefits with respect to which the deter- (f)(2)(E)(ii). graphs (5) and (6), respectively, and by inserting mination under clause (i) is made.’’. (3) Section 420(b) of such Code is amended— after paragraph (3) the following new para- (B) Subparagraph (C) of section 420(c)(3) of (A) by adding the following at the end of graph: such Code is amended— paragraph (2)(A): ‘‘If there is a transfer from a ‘‘(4) APPLICABLE LIFE INSURANCE ACCOUNT.— (i) by inserting ‘‘for applicable health bene- defined benefit plan to both a health benefits The term ‘applicable life insurance account’ fits’’ after ‘‘applied separately’’, and account and an applicable life insurance ac- means a separate account established and main- (ii) by inserting ‘‘, and separately for applica- count during any taxable year, such transfers tained for amounts transferred under this sec- ble life insurance benefits with respect to indi- shall be treated as 1 transfer for purposes of this tion for qualified current retiree liabilities based viduals age 65 or older at any time during the paragraph.’’, and on premiums for applicable life insurance bene- taxable year and with respect to individuals (B) by inserting ‘‘to an account’’ after ‘‘may fits.’’. under age 65 during the taxable year’’ before be transferred’’ in paragraph (3). (2) APPLICABLE LIFE INSURANCE BENEFITS DE- the period. (4) The heading for section 420(c)(1)(B) of FINED.—Paragraph (1) of section 420(e) of such (C) Subparagraph (E) of section 420(c)(3) of such Code is amended by inserting ‘‘OR LIFE IN- Code is amended by redesignating subparagraph such Code is amended— SURANCE’’ after ‘‘HEALTH BENEFITS’’.

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00390 Fmt 4634 Sfmt 6333 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE June 28, 2012 CONGRESSIONAL RECORD — HOUSE H4549 (5) Paragraph (1) of section 420(e) of such (2) Subsection (b) of section 420 of such Code Code, $26,000,000 for each of fiscal years 2013 Code is amended— is amended by striking paragraph (4) and by re- and 2014. (A) by inserting ‘‘and applicable life insur- designating paragraph (5), as amended by this (b) APPLICABILITY OF TITLE 23, UNITED ance benefits’’ in subparagraph (A) after ‘‘ap- Act, as paragraph (4). STATES CODE.—Funds authorized to be appro- plicable health benefits’’, and (3) Paragraph (2) of section 420(b) of such priated by subsection (a) shall— (B) by striking ‘‘HEALTH’’ in the heading Code, as amended by this section, is amended— (1) be available for obligation in the same thereof. (A) by striking subparagraph (B), and manner as if those funds were apportioned (6) Subparagraph (B) of section 420(e)(1) of (B) by striking ‘‘PER YEAR.—’’ and all that under chapter 1 of title 23, United States Code, such Code is amended— follows through ‘‘No more than’’ and inserting except that the Federal share of the cost of a (A) in the matter preceding clause (i), by in- ‘‘PER YEAR.—No more than’’. project or activity carried out using those funds serting ‘‘(determined separately for applicable (4) Paragraph (2) of section 420(c) of such shall be 80 percent, unless otherwise expressly health benefits and applicable life insurance Code is amended— provided by this Act (including the amendments benefits)’’ after ‘‘shall be reduced by the (A) by striking subparagraph (B), by this Act) or otherwise determined by the Sec- amount’’, (B) by moving subparagraph (A) two ems to retary; and (B) in clause (i), by inserting ‘‘or applicable the left, and (2) remain available until expended and not life insurance accounts’’ after ‘‘health benefit (C) by striking ‘‘BEFORE TRANSFER.—’’ and all be transferable. that follows through ‘‘The requirements of this accounts’’, and TITLE II—RESEARCH, TECHNOLOGY, AND (C) in clause (i), by striking ‘‘qualified current paragraph’’ and inserting the following: ‘‘BE- EDUCATION retiree health liability’’ and inserting ‘‘qualified FORE TRANSFER.—The requirements of this para- current retiree liability’’. graph’’. SEC. 52001. RESEARCH, TECHNOLOGY, AND EDU- (7) The heading for subsection (f) of section (5) Paragraph (2) of section 420(d) of such CATION. 420 of such Code is amended by striking Code is amended by striking ‘‘after December 31, Section 501 of title 23, United States Code, is amended— ‘‘HEALTH’’ each place it occurs. 1990’’. (1) by redesignating paragraph (2) as para- (8) Subclause (II) of section 420(f)(2)(B)(ii) of (h) EFFECTIVE DATE.— such Code is amended by inserting ‘‘or applica- (1) IN GENERAL.—The amendments made by graph (8); ble life insurance account, as the case may be,’’ this section shall apply to transfers made after (2) by inserting after paragraph (1) the fol- after ‘‘health benefits account’’. the date of the enactment of this Act. lowing: ‘‘(2) INCIDENT.—The term ‘incident’ means a (9) Subclause (III) of section 420(f)(2)(E)(i) of (2) CONFORMING AMENDMENTS RELATING TO crash, natural disaster, workzone activity, spe- such Code is amended— PENSION PROTECTION ACT.—The amendments (A) by inserting ‘‘defined benefit’’ before made by subsections (b)(3)(B) and (f) shall take cial event, or other emergency road user occur- ‘‘plan maintained by an employer’’, and effect as if included in the amendments made by rence that adversely affects or impedes the nor- (B) by inserting ‘‘health’’ before ‘‘benefit section 841(a) of the Pension Protection Act of mal flow of traffic. ‘‘(3) INNOVATION LIFECYCLE.—The term ‘inno- plans maintained by the employer’’. 2006. (10) Paragraphs (4) and (6) of section 420(f) of vation lifecycle’ means the process of innovating Subtitle C—Additional Transfers to Highway such Code are each amended by striking ‘‘collec- through— Trust Fund tively bargained retiree health liabilities’’ each ‘‘(A) the identification of a need; place it occurs and inserting ‘‘collectively bar- SEC. 40251. ADDITIONAL TRANSFERS TO HIGH- ‘‘(B) the establishment of the scope of re- WAY TRUST FUND. gained retiree liabilities’’. search to address that need; (11) Subparagraph (A) of section 420(f)(6) of Subsection (f) of section 9503 of the Internal ‘‘(C) setting an agenda; such Code is amended— Revenue Code of 1986, as amended by this Act, ‘‘(D) carrying out research, development, de- (A) in clauses (i) and (ii), by inserting ‘‘, in is amended by redesignating paragraph (4) as ployment, and testing of the resulting tech- the case of a transfer to a health benefits ac- paragraph (5) and by inserting after paragraph nology or innovation; and count,’’ before ‘‘his covered spouse and depend- (3) the following new paragraph: ‘‘(E) carrying out an evaluation of the costs ents’’, and ‘‘(4) ADDITIONAL APPROPRIATIONS TO TRUST and benefits of the resulting technology or inno- (B) in clause (ii), by striking ‘‘health plan’’ FUND.—Out of money in the Treasury not other- vation. and inserting ‘‘plan’’. wise appropriated, there is hereby appropriated ‘‘(4) INTELLIGENT TRANSPORTATION INFRA- (12) Subparagraph (B) of section 420(f)(6) of to— STRUCTURE.—The term ‘intelligent transpor- such Code is amended— ‘‘(A) the Highway Account (as defined in sub- tation infrastructure’ means fully integrated (A) in clause (i), by inserting ‘‘, and collec- section (e)(5)(B)) in the Highway Trust Fund— public sector intelligent transportation system tively bargained life insurance benefits,’’ after ‘‘(i) for fiscal year 2013, $6,200,000,000, and components, as defined by the Secretary. ‘‘collectively bargained health benefits’’, ‘‘(ii) for fiscal year 2014, $10,400,000,000, and ‘‘(5) INTELLIGENT TRANSPORTATION SYSTEM.— (B) in clause (ii)— ‘‘(B) the Mass Transit Account in the High- The terms ‘intelligent transportation system’ (i) by adding at the end the following: ‘‘The way Trust Fund, for fiscal year 2014, and ‘ITS’ mean electronics, photonics, commu- preceding sentence shall be applied separately $2,200,000,000.’’. nications, or information processing used singly for collectively bargained health benefits and DIVISION E—RESEARCH AND EDUCATION or in combination to improve the efficiency or collectively bargained life insurance benefits.’’, SEC. 50001. SHORT TITLE. safety of a surface transportation system. ‘‘(6) NATIONAL ARCHITECTURE.—For purposes and This division may be cited as the ‘‘Transpor- of this chapter, the term ‘national architecture’ (ii) by inserting ‘‘, applicable life insurance tation Research and Innovative Technology Act means the common framework for interoper- accounts,’’ after ‘‘health benefit accounts’’, and of 2012’’. (C) by striking ‘‘HEALTH’’ in the heading ability that defines— thereof. TITLE I—FUNDING ‘‘(A) the functions associated with intelligent (13) Subparagraph (E) of section 420(f)(6) of SEC. 51001. AUTHORIZATION OF APPROPRIA- transportation system user services; such Code, as redesignated by subsection (b), is TIONS. ‘‘(B) the physical entities or subsystems with- amended— (a) IN GENERAL.—The following amounts are in which the functions reside; (A) by striking ‘‘bargained health’’ and in- authorized to be appropriated out of the High- ‘‘(C) the data interfaces and information serting ‘‘bargained’’, way Trust Fund (other than the Mass Transit flows between physical subsystems; and (B) by inserting ‘‘, or a group-term life insur- Account): ‘‘(D) the communications requirements associ- ance plan or arrangement for retired employ- (1) HIGHWAY RESEARCH AND DEVELOPMENT ated with the information flows. ees,’’ after ‘‘dependents’’, and PROGRAM.—To carry out sections 503(b), 503(d), ‘‘(7) PROJECT.—The term ‘project’ means an (C) by striking ‘‘HEALTH’’ in the heading and 509 of title 23, United States Code, undertaking to research, develop, or operation- thereof. $115,000,000 for each of fiscal years 2013 and ally test intelligent transportation systems or (14) Section 101(e) of the Employee Retirement 2014. any other undertaking eligible for assistance Income Security Act of 1974 (29 U.S.C. 1021(e)) is (2) TECHNOLOGY AND INNOVATION DEPLOYMENT under this chapter.’’; and amended— PROGRAM.—To carry out section 503(c) of title (3) by inserting after paragraph (8) (as so re- (A) in paragraphs (1) and (2), by inserting ‘‘or 23, United States Code, $62,500,000 for each of designated) the following: applicable life insurance account’’ after ‘‘health fiscal years 2013 and 2014. ‘‘(9) STANDARD.—The term ‘standard’ means a benefits account’’ each place it appears, and (3) TRAINING AND EDUCATION.—To carry out document that— (B) in paragraph (1), by inserting ‘‘or applica- section 504 of title 23, United States Code, ‘‘(A) contains technical specifications or other ble life insurance benefit liabilities’’ after $24,000,000 for each of fiscal years 2013 and 2014. precise criteria for intelligent transportation ‘‘health benefits liabilities’’. (4) INTELLIGENT TRANSPORTATION SYSTEMS systems that are to be used consistently as rules, (f) TECHNICAL CORRECTION.—Clause (iii) of PROGRAM.—To carry out sections 512 through guidelines, or definitions of characteristics so as section 420(f)(6)(B) of the Internal Revenue 518 of title 23, United States Code, $100,000,000 to ensure that materials, products, processes, Code of 1986 is amended by striking ‘‘416(I)(1)’’ for each of fiscal years 2013 and 2014. and services are fit for the intended purposes of and inserting ‘‘416(i)(1)’’. (5) UNIVERSITY TRANSPORTATION CENTERS PRO- the materials, products, processes, and services; (g) REPEAL OF DEADWOOD.— GRAM.—To carry out section 5505 of title 49, and (1) Subparagraph (A) of section 420(b)(1) of United States Code, $72,500,000 for each of fiscal ‘‘(B) may support the national architecture the Internal Revenue Code of 1986 is amended years 2013 and 2014. and promote— by striking ‘‘in a taxable year beginning after (6) BUREAU OF TRANSPORTATION STATISTICS.— ‘‘(i) the widespread use and adoption of intel- December 31, 1990’’. To carry out chapter 63 of title 49, United States ligent transportation system technology as a

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00391 Fmt 4634 Sfmt 6333 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H4550 CONGRESSIONAL RECORD — HOUSE June 28, 2012 component of the surface transportation systems (iii) in the third sentence, by striking ‘‘All ‘‘(v) has not received a grant to perform re- of the United States; and evaluations’’ and inserting the following: search on the same issue for which the prize is ‘‘(ii) interoperability among intelligent trans- ‘‘(D) AVAILABILITY OF EVALUATIONS.—All awarded. portation system technologies implemented evaluations under this paragraph’’; and ‘‘(F) LIABILITY.— throughout the States.’’. (iv) by inserting after subparagraph (B) the ‘‘(i) ASSUMPTION OF RISK.— SEC. 52002. SURFACE TRANSPORTATION RE- following: ‘‘(I) IN GENERAL.—A registered participant SEARCH, DEVELOPMENT, AND TECH- ‘‘(C) PROGRAM PLAN.—To the maximum extent shall agree to assume any and all risks and NOLOGY. practicable, each program pursued under this waive claims against the Federal Government (a) SURFACE TRANSPORTATION RESEARCH, DE- chapter shall be part of a data-driven, outcome- and its related entities, except in the case of VELOPMENT, AND TECHNOLOGY.—Section 502 of oriented program plan.’’; and willful misconduct, for any injury, death, dam- title 23, United States Code, is amended— (I) in paragraph (9) (as redesignated by sub- age, or loss of property, revenue, or profits, (1) in the section heading by inserting ‘‘, DE- paragraph (A)), by striking ‘‘surface’’; whether direct, indirect, or consequential, aris- VELOPMENT, AND TECHNOLOGY’’ after (3) in subsection (b)— ing from participation in a competition, whether ‘‘SURFACE TRANSPORTATION RE- (A) in paragraph (4) by striking ‘‘surface such injury, death, damage, or loss arises SEARCH’’; transportation research and technology develop- through negligence or otherwise. (2) in subsection (a)— ment strategic plan developed under section ‘‘(II) RELATED ENTITY.—In this subparagraph, (A) by redesignating paragraphs (1) through 508’’ and inserting ‘‘transportation research and the term ‘related entity’ means a contractor, (8) as paragraphs (2) through (9), respectively; development strategic plan of the Secretary de- subcontractor (at any tier), supplier, user, cus- (B) by inserting before paragraph (2) (as re- veloped under section 508’’; tomer, cooperating party, grantee, investigator, designated by subparagraph (A)) the following: (B) in paragraph (5) by striking ‘‘section’’ or detailee. ‘‘(1) APPLICABILITY.—The research, develop- each place it appears and inserting ‘‘chapter’’; ‘‘(ii) FINANCIAL RESPONSIBILITY.—A partici- ment, and technology provisions of this section (C) in paragraph (6) by adding at the end the pant shall obtain liability insurance or dem- shall apply throughout this chapter.’’; following: onstrate financial responsibility, in amounts de- (C) in paragraph (2) (as redesignated by sub- ‘‘(C) TRANSFER OF AMOUNTS AMONG STATES OR termined by the Secretary, for claims by— paragraph (A))— TO FEDERAL HIGHWAY ADMINISTRATION.—The ‘‘(I) a third party for death, bodily injury, or (i) by inserting ‘‘within the innovation Secretary may, at the request of a State, trans- property damage, or loss resulting from an ac- lifecycle’’ after ‘‘activities’’; and fer amounts apportioned or allocated to that tivity carried out in connection with participa- (ii) by inserting ‘‘communications, impact State under this chapter to another State or the tion in a competition, with the Federal Govern- analysis,’’ after ‘‘training,’’; Federal Highway Administration to fund re- ment named as an additional insured under the (D) in paragraph (3) (as redesignated by sub- search, development, and technology transfer registered participant’s insurance policy and paragraph (A))— activities of mutual interest on a pooled funds registered participants agreeing to indemnify (i) in subparagraph (B) by striking ‘‘supports basis. the Federal Government against third party research in which there is a clear public benefit ‘‘(D) TRANSFER OF OBLIGATION AUTHORITY.— claims for damages arising from or related to and’’ and inserting ‘‘delivers a clear public ben- Obligation authority for amounts transferred competition activities; and efit and occurs where’’; under this subsection shall be disbursed in the ‘‘(II) the Federal Government for damage or (ii) in subparagraph (C) by striking ‘‘or’’ after same manner and for the same amount as pro- loss to Government property resulting from such the semicolon; vided for the project being transferred.’’; and an activity. (iii) by redesignating subparagraph (D) as (D) by adding at the end the following: ‘‘(G) JUDGES.— subparagraph (I); and ‘‘(7) PRIZE COMPETITIONS.— ‘‘(i) SELECTION.—Subject to clause (iii), for (iv) by inserting after subparagraph (C) the ‘‘(A) IN GENERAL.—The Secretary may use up each prize competition, the Secretary, either di- following: to 1 percent of the funds made available under rectly or through an agreement under subpara- ‘‘(D) meets and addresses current or emerging section 51001 of the Transportation Research graph (H), may appoint 1 or more qualified needs; and Innovative Technology Act of 2012 to carry judges to select the winner or winners of the ‘‘(E) addresses current gaps in research; ‘‘(F) presents the best means to align re- out a program to competitively award cash prize competition on the basis of the criteria de- sources with multiyear plans and priorities; prizes to stimulate innovation in basic and ap- scribed in subparagraph (D). ‘‘(G) ensures the coordination of highway re- plied research and technology development that ‘‘(ii) SELECTION.—Judges for each competition search and technology transfer activities, in- has the potential for application to the national shall include individuals from outside the Fed- cluding through activities performed by univer- transportation system. eral Government, including the private sector. sity transportation centers; ‘‘(B) TOPICS.—In selecting topics for prize ‘‘(iii) LIMITATIONS.—A judge selected under ‘‘(H) educates transportation professionals; competitions under this paragraph, the Sec- this subparagraph may not— or’’; retary shall— ‘‘(I) have personal or financial interests in, or (E) in paragraph (4) (as redesignated by sub- ‘‘(i) consult with a wide variety of govern- be an employee, officer, director, or agent of, paragraph (A)) by striking subparagraphs (B) mental and nongovernmental representatives; any entity that is a registered participant in a through (D) and inserting the following: and prize competition under this paragraph; or ‘‘(B) partner with State highway agencies and ‘‘(ii) give consideration to prize goals that ‘‘(II) have a familial or financial relationship other stakeholders as appropriate to facilitate demonstrate innovative approaches and strate- with an individual who is a registered partici- research and technology transfer activities; gies to improve the safety, efficiency, and sus- pant. ‘‘(C) communicate the results of ongoing and tainability of the national transportation sys- ‘‘(H) ADMINISTERING THE COMPETITION.—The completed research; tem. Secretary may enter into an agreement with a ‘‘(D) lead efforts to coordinate national em- ‘‘(C) ADVERTISING.—The Secretary shall en- private, nonprofit entity to administer the prize phasis areas of highway research, technology, courage participation in the prize competitions competition, subject to the provisions of this and innovation deployment; through advertising efforts. paragraph. ‘‘(E) leverage partnerships with industry, aca- ‘‘(D) REQUIREMENTS AND REGISTRATION.—For ‘‘(I) FUNDING.— demia, international entities, and State depart- each prize competition, the Secretary shall pub- ‘‘(i) IN GENERAL.— ments of transportation; lish a notice on a public website that describes— ‘‘(I) PRIVATE SECTOR FUNDING.—A cash prize ‘‘(F) lead efforts to reduce unnecessary dupli- ‘‘(i) the subject of the competition; under this paragraph may consist of funds ap- cation of effort; and ‘‘(ii) the eligibility rules for participation in propriated by the Federal Government and ‘‘(G) lead efforts to accelerate innovation de- the competition; funds provided by the private sector. livery.’’; ‘‘(iii) the amount of the prize; and ‘‘(II) GOVERNMENT FUNDING.—The Secretary (F) in paragraph (5)(C) (as redesignated by ‘‘(iv) the basis on which a winner will be se- may accept funds from other Federal agencies, subparagraph (A)) by striking ‘‘policy and plan- lected. State and local governments, and metropolitan ning’’ and inserting ‘‘all highway objectives ‘‘(E) ELIGIBILITY.—An individual or entity planning organizations for a cash prize under seeking to improve the performance of the trans- may not receive a prize under this paragraph this paragraph. portation system’’; unless the individual or entity— ‘‘(III) NO SPECIAL CONSIDERATION.—The Sec- (G) in paragraph (6) (as redesignated by sub- ‘‘(i) has registered to participate in the com- retary may not give any special consideration to paragraph (A)) in the second sentence, by in- petition pursuant to any rules promulgated by any private sector entity in return for a dona- serting ‘‘tribal governments,’’ after ‘‘local gov- the Secretary under this section; tion under this subparagraph. ernments,’’; ‘‘(ii) has complied with all requirements under ‘‘(ii) AVAILABILITY OF FUNDS.—Notwith- (H) in paragraph (8) (as redesignated by sub- this paragraph; standing any other provision of law, amounts paragraph (A))— ‘‘(iii)(I) in the case of a private entity, is in- appropriated for prize awards under this para- (i) in the first sentence, by striking ‘‘To the corporated in, and maintains a primary place of graph— maximum’’ and inserting the following: business in, the United States; or ‘‘(I) shall remain available until expended; ‘‘(A) IN GENERAL.—To the maximum’’; ‘‘(II) in the case of an individual, whether and (ii) in the second sentence, by striking ‘‘Per- participating singly or in a group, is a citizen or ‘‘(II) may not be transferred, reprogrammed, formance measures’’ and inserting the fol- permanent resident of the United States; or expended for other purposes until after the lowing: ‘‘(iv) is not a Federal entity or Federal em- expiration of the 10-year period beginning on ‘‘(B) PERFORMANCE MEASURES.—Performance ployee acting within the scope of his or her em- the last day of the fiscal year for which the measures’’; ployment; and funds were originally appropriated.

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‘‘(iii) SAVINGS PROVISION.—Nothing in this funding for execution was allocated among the ‘‘(xi) human factors studies and measures; subparagraph may be construed to permit the accounts of the agency for recording as obliga- ‘‘(xii) safety technology deployment; obligation or payment of funds in violation of tions and expenditures; and ‘‘(xiii) safety workforce professional capacity the Anti-Deficiency Act (31 U.S.C. 1341). ‘‘(ff) a description of how each prize competi- building initiatives; ‘‘(iv) PRIZE ANNOUNCEMENT.—A prize may not tion advanced the mission of the Department.’’; ‘‘(xiv) safety program and process improve- be announced under this paragraph until all the (4) in subsection (c)— ments; and funds needed to pay out the announced amount (A) in paragraph (3)(A)— ‘‘(xv) tools and methods to enhance safety of the prize have been appropriated by a govern- (i) by striking ‘‘subsection’’ and inserting performance, including achievement of state- mental source or committed to in writing by a ‘‘chapter’’; and wide safety performance targets. private source. (ii) by striking ‘‘50’’ and inserting ‘‘80’’; and ‘‘(3) IMPROVING INFRASTRUCTURE INTEGRITY.— ‘‘(v) PRIZE INCREASES.—The Secretary may in- (B) in paragraph (4) by striking ‘‘subsection’’ ‘‘(A) IN GENERAL.—The Secretary shall carry crease the amount of a prize after the initial an- and inserting ‘‘chapter’’; and out and facilitate highway and bridge infra- nouncement of the prize under this paragraph (5) by striking subsections (d) through (j). structure research and development activities— if— (b) CONFORMING AMENDMENT.—The analysis ‘‘(i) to maintain infrastructure integrity; ‘‘(ii) to meet user needs; and ‘‘(I) notice of the increase is provided in the for chapter 5 of title 23, United States Code, is ‘‘(iii) to link Federal transportation invest- same manner as the initial notice of the prize; amended by striking the item relating to section ments to improvements in system performance. and 502 and inserting the following: ‘‘(B) OBJECTIVES.—In carrying out this para- ‘‘(II) the funds needed to pay out the an- ‘‘502. Surface transportation research, develop- graph, the Secretary shall carry out research nounced amount of the increase have been ap- ment, and technology.’’ and development activities— propriated by a governmental source or com- SEC. 52003. RESEARCH AND TECHNOLOGY DEVEL- ‘‘(i) to reduce the number of fatalities attrib- mitted to in writing by a private source. OPMENT AND DEPLOYMENT. utable to infrastructure design characteristics ‘‘(vi) CONGRESSIONAL NOTIFICATION.—A prize (a) IN GENERAL.—Section 503 of title 23, and work zones; competition under this paragraph may offer a United States Code, is amended to read as fol- ‘‘(ii) to improve the safety and security of prize in an amount greater than $1,000,000 only lows: highway infrastructure; after 30 days have elapsed after written notice ‘‘(iii) to increase the reliability of lifecycle has been transmitted to the Committee on Com- ‘‘§ 503. Research and technology development and deployment performance predictions used in infrastructure merce, Science, and Transportation of the Sen- design, construction, and management; ate and the Committees on Transportation and ‘‘(a) IN GENERAL.—The Secretary shall— ‘‘(iv) to improve the ability of transportation Infrastructure and Science, Space, and Tech- ‘‘(1) carry out research, development, and de- agencies to deliver projects that meet expecta- nology of the House of Representatives. ployment activities that encompass the entire in- tions for timeliness, quality, and cost; ‘‘(vii) AWARD LIMIT.—A prize competition novation lifecycle; and ‘‘(v) to reduce user delay attributable to infra- under this section may not result in the award ‘‘(2) ensure that all research carried out under structure system performance, maintenance, re- of more than $25,000 in cash prizes without the this section aligns with the transportation rehabilitation, and construction; approval of the Secretary. search and development strategic plan of the ‘‘(vi) to improve highway condition and per- ‘‘(J) COMPLIANCE WITH EXISTING LAW.—The Secretary under section 508. formance through increased use of design, mate- Federal Government shall not, by virtue of of- ‘‘(b) HIGHWAY RESEARCH AND DEVELOPMENT rials, construction, and maintenance innova- fering or providing a prize under this para- PROGRAM.— tions; graph, be responsible for compliance by reg- ‘‘(1) OBJECTIVES.—In carrying out the high- ‘‘(vii) to reduce the environmental impacts of istered participants in a prize competition with way research and development program, the highway infrastructure through innovations in Federal law, including licensing, export control, Secretary, to address current and emerging design, construction, operation, preservation, and non-proliferation laws, and related regula- highway transportation needs, shall— and maintenance; and tions. ‘‘(A) identify research topics; ‘‘(viii) to study vulnerabilities of the transpor- ‘‘(K) NOTICE AND ANNUAL REPORT.— ‘‘(B) coordinate research and development ac- tation system to seismic activities and extreme ‘‘(i) IN GENERAL.—Not later than 30 days prior tivities; events and methods to reduce those to carrying out an activity under subparagraph ‘‘(C) carry out research, testing, and evalua- vulnerabilities. (A), the Secretary shall notify the Committees tion activities; and ‘‘(C) CONTENTS.—Research and technology ac- on Transportation and Infrastructure and ‘‘(D) provide technology transfer and tech- tivities carried out under this paragraph may Science, Space, and Technology of the House of nical assistance. include— Representatives and the Committees on Environ- ‘‘(2) IMPROVING HIGHWAY SAFETY.— ‘‘(i) long-term infrastructure performance pro- ment and Public Works and Commerce, Science, ‘‘(A) IN GENERAL.—The Secretary shall carry grams addressing pavements, bridges, tunnels, and Transportation of the Senate of the intent out research and development activities from an and other structures; to use such authority. integrated perspective to establish and imple- ‘‘(ii) short-term and accelerated studies of in- ‘‘(ii) REPORTS.— ment systematic measures to improve highway frastructure performance; ‘‘(I) IN GENERAL.—The Secretary shall submit safety. ‘‘(iii) research to develop more durable infra- to the committees described in clause (i) on an ‘‘(B) OBJECTIVES.—In carrying out this para- structure materials and systems; annual basis a report on the activities carried graph, the Secretary shall carry out research ‘‘(iv) advanced infrastructure design methods; out under subparagraph (A) in the preceding and development activities— ‘‘(v) accelerated highway and bridge construc- fiscal year if the Secretary exercised the author- ‘‘(i) to achieve greater long-term safety gains; tion; ity under subparagraph (A) in that fiscal year. ‘‘(ii) to reduce the number of fatalities and se- ‘‘(vi) performance-based specifications; ‘‘(vii) construction and materials quality as- ‘‘(II) INFORMATION INCLUDED.—A report under rious injuries on public roads; this subparagraph shall include, for each prize ‘‘(iii) to fill knowledge gaps that limit the ef- surance; ‘‘(viii) comprehensive and integrated infra- competition under subparagraph (A)— fectiveness of research; structure asset management; ‘‘(aa) a description of the proposed goals of ‘‘(iv) to support the development and imple- ‘‘(ix) infrastructure safety assurance; the prize competition; mentation of State strategic highway safety ‘‘(x) sustainable infrastructure design and ‘‘(bb) an analysis of why the use of the au- plans; construction; thority under subparagraph (A) was the pref- ‘‘(v) to advance improvements in, and use of, ‘‘(xi) infrastructure rehabilitation and preser- erable method of achieving the goals described performance prediction analysis for decision- vation techniques, including techniques to reha- in item (aa) as opposed to other authorities making; and bilitate and preserve historic infrastructure; available to the Secretary, such as contracts, ‘‘(vi) to expand technology transfer to part- ‘‘(xii) hydraulic, geotechnical, and aero- grants, and cooperative agreements; ners and stakeholders. dynamic aspects of infrastructure; ‘‘(cc) the total amount of cash prizes awarded ‘‘(C) CONTENTS.—Research and technology ac- ‘‘(xiii) improved highway construction tech- for each prize competition, including a descrip- tivities carried out under this paragraph may nologies and practices; tion of the amount of private funds contributed include— ‘‘(xiv) improved tools, technologies, and mod- to the program, the source of such funds, and ‘‘(i) safety assessments and decisionmaking els for infrastructure management, including as- the manner in which the amounts of cash prizes tools; sessment and monitoring of infrastructure con- awarded and claimed were allocated among the ‘‘(ii) data collection and analysis; dition; accounts of the Department for recording as ob- ‘‘(iii) crash reduction projections; ‘‘(xv) studies to improve flexibility and resil- ligations and expenditures; ‘‘(iv) low-cost safety countermeasures; iency of infrastructure systems to withstand cli- ‘‘(dd) the methods used for the solicitation ‘‘(v) innovative operational improvements and mate variability; and evaluation of submissions under each prize designs of roadway and roadside features; ‘‘(xvi) studies on the effectiveness of fiber- competition, together with an assessment of the ‘‘(vi) evaluation of countermeasure costs and based additives to improve the durability of sur- effectiveness of such methods and lessons benefits; face transportation materials in various geo- learned for future prize competitions; ‘‘(vii) development of tools for projecting im- graphic regions; ‘‘(ee) a description of the resources, including pacts of safety countermeasures; ‘‘(xvii) studies of infrastructure resilience and personnel and funding, used in the execution of ‘‘(viii) rural road safety measures; other adaptation measures; each prize competition together with a detailed ‘‘(ix) safety measures for vulnerable road ‘‘(xviii) maintenance of seismic research ac- description of the activities for which such re- users, including bicyclists and pedestrians; tivities, including research carried out in con- sources were used and an accounting of how ‘‘(x) safety policy studies; junction with other Federal agencies to study

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the vulnerability of the transportation system to ‘‘(i) creation of models and tools for evalu- ‘‘(7) TURNER-FAIRBANK HIGHWAY RESEARCH seismic activity and methods to reduce that vul- ating transportation measures and transpor- CENTER.— nerability; and tation system designs, including the costs and ‘‘(A) IN GENERAL.—The Secretary shall con- ‘‘(xix) technology transfer and adoption of benefits; tinue to operate in the Federal Highway Admin- permeable, pervious, or porous paving materials, ‘‘(ii) congestion reduction efforts; istration a Turner-Fairbank Highway Research practices, and systems that are designed to mini- ‘‘(iii) transportation and economic develop- Center. mize environmental impacts, stormwater runoff, ment planning in rural areas and small commu- ‘‘(B) USES OF THE CENTER.—The Turner- and flooding and to treat or remove pollutants nities; Fairbank Highway Research Center shall sup- by allowing stormwater to infiltrate through the ‘‘(iv) improvement of State, local, and tribal port— pavement in a manner similar to predevelopment government capabilities relating to surface ‘‘(i) the conduct of highway research and de- hydrologic conditions. transportation planning and the environment; velopment relating to emerging highway tech- ‘‘(D) LIFECYCLE COSTS ANALYSIS STUDY.— and nology; ‘‘(i) IN GENERAL.—In this subparagraph, the ‘‘(v) streamlining of project delivery processes. ‘‘(ii) the development of understandings, tools, term ‘lifecycle costs analysis’ means a process ‘‘(5) REDUCING CONGESTION, IMPROVING HIGH- and techniques that provide solutions to com- for evaluating the total economic worth of a us- WAY OPERATIONS, AND ENHANCING FREIGHT PRO- plex technical problems through the develop- able project segment by analyzing initial costs DUCTIVITY.— ment of economical and environmentally sen- and discounted future costs, such as mainte- ‘‘(A) IN GENERAL.—The Secretary shall carry sitive designs, efficient and quality-controlled nance, user, reconstruction, rehabilitation, re- out research under this paragraph with the construction practices, and durable materials; storing, and resurfacing costs, over the life of goals of— ‘‘(iii) the development of innovative highway the project segment. ‘‘(i) addressing congestion problems; products and practices; and ‘‘(ii) STUDY.—The Comptroller General shall ‘‘(ii) reducing the costs of congestion; ‘‘(iv) the conduct of long-term, high-risk re- conduct a study of the best practices for calcu- ‘‘(iii) improving freight movement; search to improve the materials used in highway lating lifecycle costs and benefits for federally ‘‘(iv) increasing productivity; and infrastructure. funded highway projects, which shall include, ‘‘(v) improving the economic competitiveness ‘‘(8) INFRASTRUCTURE INVESTMENT NEEDS RE- at a minimum, a thorough literature review and of the United States. PORT.— a survey of current lifecycle cost practices of ‘‘(B) OBJECTIVES.—In carrying out this para- ‘‘(A) IN GENERAL.—Not later than July 31, State departments of transportation. graph, the Secretary shall carry out research 2013, and July 31 of every second year there- ‘‘(iii) CONSULTATION.—In carrying out the and development activities to identify, develop, after, the Secretary shall submit to the Com- study, the Comptroller shall consult with, at a and assess innovations that have the potential— mittee on Transportation and Infrastructure of minimum— ‘‘(i) to reduce traffic congestion; the House of Representatives and the Committee ‘‘(I) the American Association of State High- ‘‘(ii) to improve freight movement; and on Environment and Public Works of the Senate way and Transportation Officials; ‘‘(iii) to reduce freight-related congestion a report that describes estimates of the future ‘‘(II) appropriate experts in the field of throughout the transportation network. highway and bridge needs of the United States lifecycle cost analysis; and ‘‘(C) CONTENTS.—Research and technology ac- and the backlog of current highway and bridge ‘‘(III) appropriate industry experts and re- tivities carried out under this paragraph may needs. search centers. include— ‘‘(B) COMPARISONS.—Each report under sub- ‘‘(E) REPORT.—Not later than 1 year after the ‘‘(i) active traffic and demand management; paragraph (A) shall include all information nec- date of enactment of the Transportation Re- ‘‘(ii) acceleration of the implementation of In- essary to relate and compare the conditions and search and Innovative Technology Act of 2012, telligent Transportation Systems technology; service measures used in the previous biennial the Comptroller General shall submit to the ‘‘(iii) advanced transportation concepts and reports to conditions and service measures used Committee on Environment and Public Works of analysis; in the current report. the Senate and the Committees on Transpor- ‘‘(iv) arterial management and traffic signal ‘‘(C) INCLUSIONS.—Each report under sub- tation and Infrastructure and Science, Space, operation; paragraph (A) shall provide recommendations to and Technology of the House of Representatives ‘‘(v) congestion pricing; Congress on changes to the highway perform- a report on the results of the study which shall ‘‘(vi) corridor management; ance monitoring system that address— include— ‘‘(vii) emergency operations; ‘‘(i) improvements to the quality and stand- ‘‘(i) a summary of the latest research on ‘‘(viii) research relating to enabling tech- ardization of data collection on all functional lifecycle cost analysis; and nologies and applications; ‘‘(ii) recommendations on the appropriate— ‘‘(ix) freeway management; classifications of Federal-aid highways for ac- ‘‘(I) period of analysis; ‘‘(x) evaluation of enabling technologies; curate system length, lane length, and vehicle- ‘‘(II) design period; ‘‘(xi) impacts of vehicle size and weight on mile of travel; and ‘‘(III) discount rates; and congestion; ‘‘(ii) changes to the reporting requirements ‘‘(IV) use of actual material life and mainte- ‘‘(xii) freight operations and technology; authorized under section 315, to reflect rec- nance cost data. ‘‘(xiii) operations and freight performance ommendations under this paragraph for collec- ‘‘(4) STRENGTHENING TRANSPORTATION PLAN- measurement and management; tion, storage, analysis, reporting, and display of NING AND ENVIRONMENTAL DECISIONMAKING.— ‘‘(xiv) organization and planning for oper- data for Federal-aid highways and, to the max- ‘‘(A) IN GENERAL.—The Secretary may carry ations; imum extent practical, all public roads. out research— ‘‘(xv) planned special events management; ‘‘(c) TECHNOLOGY AND INNOVATION DEPLOY- ‘‘(i) to minimize the cost of transportation ‘‘(xvi) real-time transportation information; MENT PROGRAM.— planning and environmental decisionmaking ‘‘(xvii) road weather management; ‘‘(1) IN GENERAL.—The Secretary shall carry processes; ‘‘(xviii) traffic and freight data and analysis out a technology and innovation deployment ‘‘(ii) to improve transportation planning and tools; program relating to all aspects of highway environmental decisionmaking processes; and ‘‘(xix) traffic control devices; transportation, including planning, financing, ‘‘(iii) to minimize the potential impact of sur- ‘‘(xx) traffic incident management; operation, structures, materials, pavements, en- face transportation on the environment. ‘‘(xxi) work zone management; vironment, construction, and the duration of ‘‘(B) OBJECTIVES.—In carrying out this para- ‘‘(xxii) communication of travel, roadway, time between project planning and project deliv- graph the Secretary may carry out research and and emergency information to persons with dis- ery, with the goals of— development activities— abilities; ‘‘(A) significantly accelerating the adoption of ‘‘(i) to minimize the cost of highway infra- ‘‘(xxiii) research on enhanced mode choice innovative technologies by the surface transpor- structure and operations; tation community; ‘‘(ii) to reduce the potential impact of high- and intermodal connectivity; ‘‘(xxiv) techniques for estimating and quanti- ‘‘(B) providing leadership and incentives to way infrastructure and operations on the envi- fying public benefits derived from freight trans- demonstrate and promote state-of-the-art tech- ronment; ‘‘(iii) to advance improvements in environ- portation projects; and nologies, elevated performance standards, and mental analyses and processes and context sen- ‘‘(xxv) other research areas to identify and new business practices in highway construction sitive solutions for transportation decision- address emerging needs related to freight trans- processes that result in improved safety, faster making; portation by all modes. construction, reduced congestion from construc- ‘‘(iv) to improve construction techniques; ‘‘(6) EXPLORATORY ADVANCED RESEARCH.—The tion, and improved quality and user satisfac- ‘‘(v) to accelerate construction to reduce con- Secretary shall carry out research and develop- tion; gestion and related emissions; ment activities relating to exploratory advanced ‘‘(C) constructing longer-lasting highways ‘‘(vi) to reduce the impact of highway runoff research— through the use of innovative technologies and on the environment; ‘‘(A) to leverage the targeted capabilities of practices that lead to faster construction of effi- ‘‘(vii) to improve understanding and modeling the Turner-Fairbank Highway Research Center cient and safe highways and bridges; of the factors that contribute to the demand for to develop technologies and innovations of na- ‘‘(D) improving highway efficiency, safety, transportation; and tional importance; and mobility, reliability, service life, environmental ‘‘(viii) to improve transportation planning de- ‘‘(B) to develop potentially transformational protection, and sustainability; and cisionmaking and coordination. solutions to improve the durability, efficiency, ‘‘(E) developing and deploying new tools, ‘‘(C) CONTENTS.—Research and technology ac- environmental impact, productivity, and safety techniques, and practices to accelerate the tivities carried out under this paragraph may aspects of highway and intermodal transpor- adoption of innovation in all aspects of high- include— tation systems. way transportation.

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‘‘(2) IMPLEMENTATION.— SEC. 52004. TRAINING AND EDUCATION. action with the Secretary under this subsection, ‘‘(A) IN GENERAL.—The Secretary shall pro- Section 504 of title 23, United States Code, is or receiving a grant to perform research or promote, facilitate, and carry out the program es- amended— vide technical assistance under this subsection, tablished under paragraph (1) to distribute the (1) in subsection (a)— shall be selected on a competitive basis. products, technologies, tools, methods, or other (A) in paragraph (2)(A) by inserting ‘‘and the ‘‘(B) STRATEGIC PLAN.—The Secretary shall findings that result from highway research and employees of any other applicable Federal agen- require each center to develop a multiyear stra- development activities, including research and cy’’ before the semicolon at the end; and tegic plan, that— development activities carried out under this (B) in paragraph (3)(A)(ii)(V) by striking ‘‘ex- ‘‘(i) is submitted to the Secretary at such time chapter. pediting’’ and inserting ‘‘reducing the amount as the Secretary requires; and ‘‘(B) ACCELERATED INNOVATION DEPLOY- of time required for’’; ‘‘(ii) describes— MENT.—In carrying out the program established (2) in subsection (b) by striking paragraph (3) ‘‘(I) the activities to be undertaken by the under paragraph (1), the Secretary shall— and inserting the following: center; and ‘‘(i) establish and carry out demonstration ‘‘(3) FEDERAL SHARE.— ‘‘(II) how the work of the center will be co- programs; ‘‘(A) LOCAL TECHNICAL ASSISTANCE CENTERS.— ordinated with the activities of the Federal ‘‘(ii) provide technical assistance, and train- ‘‘(i) IN GENERAL.—Subject to subparagraph Highway Administration and the various other ing to researchers and developers; and (B), the Federal share of the cost of an activity research, development, and technology transfer ‘‘(iii) develop improved tools and methods to carried out by a local technical assistance cen- activities authorized under this chapter.’’. accelerate the adoption of proven innovative ter under paragraphs (1) and (2) shall be 50 per- SEC. 52005. STATE PLANNING AND RESEARCH. practices and technologies as standard prac- cent. Section 505 of title 23, United States Code, is tices. ‘‘(ii) NON-FEDERAL SHARE.—The non-Federal amended— ‘‘(C) IMPLEMENTATION OF FUTURE STRATEGIC share of the cost of an activity described in (1) in subsection (a)— HIGHWAY RESEARCH PROGRAM FINDINGS AND RE- clause (i) may consist of amounts provided to a (A) in the matter preceding paragraph (1) by SULTS.— recipient under subsection (e) or section 505, up striking ‘‘section 104 (other than sections 104(f) ‘‘(i) IN GENERAL.—The Secretary, in consulta- to 100 percent of the non-Federal share. and 104(h)) and under section 144’’ and insert- tion with the American Association of State ‘‘(B) TRIBAL TECHNICAL ASSISTANCE CEN- ing ‘‘paragraphs (1) through (4) of section Highway and Transportation Officials and the TERS.—The Federal share of the cost of an ac- 104(b)’’; and Transportation Research Board of the National tivity carried out by a tribal technical assistance (B) in paragraph (3) by striking ‘‘under sec- Academy of Sciences, shall promote research re- center under paragraph (2)(D)(ii) shall be 100 tion 303’’ and inserting ‘‘, plans, and processes sults and products developed under the future percent.’’; under sections 119, 148, 149, and 167’’; (2) by redesignating subsections (c) and (d) as strategic highway research program adminis- (3) in subsection (c)(2)— subsections (d) and (e), respectively; tered by the Transportation Research Board of (A) by striking ‘‘The Secretary’’ and inserting the following: (3) by inserting after subsection (b) the fol- the National Academy of Sciences. lowing: ‘‘(ii) BASIS FOR FINDINGS.—The activities car- ‘‘(A) IN GENERAL.—The Secretary’’; (B) in subparagraph (A) (as designated by ‘‘(c) IMPLEMENTATION OF FUTURE STRATEGIC ried out under this subparagraph shall be based HIGHWAY RESEARCH PROGRAM FINDINGS AND RE- on the report submitted to Congress by the subparagraph (A)) by striking ‘‘. The program’’ and inserting ‘‘, which program’’; and SULTS.— Transportation Research Board of the National ‘‘(1) FUNDS.—A State shall make available to Academy of Sciences under section 510(e). (C) by adding at the end the following: ‘‘(B) USE OF AMOUNTS.—Amounts provided to the Secretary to carry out section 503(c)(2)(C) a ‘‘(iii) PERSONNEL.—The Secretary may use institutions of higher education to carry out this percentage of funds subject to subsection (a) funds made available to carry out this sub- that are apportioned to that State, that is section for administrative costs under this subparagraph shall be used to provide direct sup- agreed to by 3⁄4 of States for each of fiscal years paragraph. port of student expenses.’’; (4) in subsection (e)— 2013 and 2014. ‘‘(3) ACCELERATED IMPLEMENTATION AND DE- (A) in paragraph (1)— ‘‘(2) TREATMENT OF FUNDS.—Funds expended PLOYMENT OF PAVEMENT TECHNOLOGIES.— (i) in the matter preceding subparagraph (A) under paragraph (1) shall not be considered to ‘‘(A) IN GENERAL.—The Secretary shall estab- by striking ‘‘sections 104(b)(1), 104(b)(2), be part of the extramural budget of the agency lish and implement a program under the tech- 104(b)(3), 104(b)(4), and 144(e)’’ and inserting for the purpose of section 9 of the Small Busi- nology and innovation deployment program to ‘‘paragraphs (1) through (4) of section 104(b)’’; ness Act (15 U.S.C. 638).’’; and promote, implement, deploy, demonstrate, show- (ii) in subparagraph (D) by striking ‘‘and’’ at (4) in subsection (e) (as so redesignated) by case, support, and document the application of the end; striking ‘‘section 118(b)(2)’’ and inserting ‘‘sec- innovative pavement technologies, practices, (iii) in subparagraph (E) by striking the pe- tion 118(b)’’. performance, and benefits. riod and inserting a semicolon; and SEC. 52006. INTERNATIONAL HIGHWAY TRANS- ‘‘(B) GOALS.—The goals of the accelerated im- (iv) by adding at the end the following: PORTATION PROGRAM. plementation and deployment of pavement tech- ‘‘(F) activities carried out by the National (a) IN GENERAL.—Section 506 of title 23, nologies program shall include— Highway Institute under subsection (a); and United States Code, is repealed. ‘‘(i) the deployment of new, cost-effective de- ‘‘(G) local technical assistance programs (b) CONFORMING AMENDMENT.—The analysis signs, materials, recycled materials, and prac- under subsection (b).’’; and for chapter 5 of title 23, United States Code, is tices to extend the pavement life and perform- (B) in paragraph (2) by inserting ‘‘, except for amended by striking the item relating to section ance and to improve user satisfaction; activities carried out under paragraph (1)(G), 506. ‘‘(ii) the reduction of initial costs and lifecycle for which the Federal share shall be 50 percent’’ SEC. 52007. SURFACE TRANSPORTATION ENVI- costs of pavements, including the costs of new before the period at the end; RONMENTAL COOPERATIVE RE- construction, replacement, maintenance, and re- (5) in subsection (f) in the heading, by strik- SEARCH PROGRAM. habilitation; ing ‘‘PILOT’’; (a) IN GENERAL.—Section 507 of title 23, ‘‘(iii) the deployment of accelerated construc- (6) in subsection (g)(4)(F) by striking ‘‘excel- United States Code, is repealed. tion techniques to increase safety and reduce lence’’ and inserting ‘‘stewardship’’; and (b) CONFORMING AMENDMENT.—The analysis construction time and traffic disruption and (7) by adding at the end the following: for chapter 5 of title 23, United States Code, is congestion; ‘‘(h) CENTERS FOR SURFACE TRANSPORTATION amended by striking the item relating to section ‘‘(iv) the deployment of engineering design EXCELLENCE.— 507. criteria and specifications for new and efficient ‘‘(1) IN GENERAL.—The Secretary shall make SEC. 52008. NATIONAL COOPERATIVE FREIGHT practices, products, and materials for use in grants under this section to establish and main- RESEARCH. highway pavements; tain centers for surface transportation excel- (a) IN GENERAL.—Section 509 of title 23, ‘‘(v) the deployment of new nondestructive lence. United States Code, is repealed. and real-time pavement evaluation technologies ‘‘(2) GOALS.—The goals of a center referred to (b) CONFORMING AMENDMENT.—The analysis and construction techniques; and in paragraph (1) shall be to promote and sup- for chapter 5 of title 23, United States Code, is ‘‘(vi) effective technology transfer and infor- port strategic national surface transportation amended by striking the item relating to section mation dissemination to accelerate implementa- programs and activities relating to the work of 509. tion of new technologies and to improve life, State departments of transportation in the areas SEC. 52009. UNIVERSITY TRANSPORTATION CEN- performance, cost effectiveness, safety, and user of environment, surface transportation safety, TERS PROGRAM. satisfaction. rural safety, and project finance. (a) IN GENERAL.—Section 5505 of title 49, ‘‘(C) FUNDING.—The Secretary shall obligate ‘‘(3) ROLE OF THE CENTERS.—To achieve the United States Code, is amended to read as fol- for each of fiscal years 2013 through 2014 from goals set forth in paragraph (2), any centers es- lows: funds made available to carry out this sub- tablished under paragraph (1) shall provide ‘‘§ 5505. University transportation centers pro- section $12,000,000 to accelerate the deployment technical assistance, information sharing of best gram and implementation of pavement technology.’’. practices, and training in the use of tools and ‘‘(a) UNIVERSITY TRANSPORTATION CENTERS (b) CONFORMING AMENDMENT.—The analysis decisionmaking processes that can assist States PROGRAM.— for chapter 5 of title 23, United States Code, is in effectively implementing surface transpor- ‘‘(1) ESTABLISHMENT AND OPERATION.—The amended by striking the item relating to section tation programs, projects, and policies. Secretary shall make grants under this section 503 and inserting the following: ‘‘(4) PROGRAM ADMINISTRATION.— to eligible nonprofit institutions of higher edu- ‘‘503. Research and technology development and ‘‘(A) COMPETITION.—A party entering into a cation to establish and operate university trans- deployment.’’. contract, cooperative agreement, or other transportation centers.

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‘‘(2) ROLE OF CENTERS.—The role of each uni- such as through cost sharing and overall re- ‘‘(C) RESTRICTIONS.—For each fiscal year, a versity transportation center referred to in para- duced overhead, facilities, and administrative grant made available under this paragraph graph (1) shall be— costs. shall be $2,750,000 for each recipient. ‘‘(A) to advance transportation expertise and ‘‘(5) TRANSPARENCY.— ‘‘(D) MATCHING REQUIREMENTS.— technology in the varied disciplines that com- ‘‘(A) IN GENERAL.—The Secretary shall pro- ‘‘(i) IN GENERAL.—As a condition of receiving prise the field of transportation through edu- vide to each applicant, upon request, any mate- a grant under this paragraph, a grant recipient cation, research, and technology transfer activi- rials, including copies of reviews (with any in- shall match 100 percent of the amounts made ties; formation that would identify a reviewer re- available under the grant. ‘‘(B) to provide for a critical transportation dacted), used in the evaluation process of the ‘‘(ii) SOURCES.—The matching amounts re- knowledge base outside of the Department of proposal of the applicant. ferred to in the clause (i) may include amounts Transportation; and ‘‘(B) REPORTS.—The Secretary shall submit to made available to the recipient under section ‘‘(C) to address critical workforce needs and the Committees on Transportation and Infra- 504(b) or 505 of title 23. educate the next generation of transportation structure and Science, Space, and Technology ‘‘(E) FOCUSED RESEARCH.—The Secretary shall leaders. of the House of Representatives and the Com- make a grant to 1 of the 10 regional university ‘‘(b) COMPETITIVE SELECTION PROCESS.— mittee on Environment and Public Works of the transportation centers established under this ‘‘(1) APPLICATIONS.—To receive a grant under Senate a report describing the overall review paragraph for the purpose of furthering the ob- this section, a nonprofit institution of higher process under paragraph (3) that includes— jectives described in subsection (a)(2) in the field education shall submit to the Secretary an ap- ‘‘(i) specific criteria of evaluation used in the of comprehensive transportation safety. plication that is in such form and contains such review; ‘‘(4) TIER 1 UNIVERSITY TRANSPORTATION CEN- information as the Secretary may require. ‘‘(ii) descriptions of the review process; and TERS.— ‘‘(2) RESTRICTION.—A nonprofit institution of ‘‘(iii) explanations of the selected awards. ‘‘(A) IN GENERAL.—The Secretary shall pro- higher education or the lead institution of a ‘‘(6) OUTSIDE STAKEHOLDERS.—The Secretary vide grants of $1,500,000 each to not more than consortium of nonprofit institutions of higher shall, to the maximum extent practicable, con- 20 recipients to carry out this paragraph. education, as applicable, that receives a grant sult external stakeholders such as the Transpor- ‘‘(B) RESTRICTION.—A lead institution of a for a national transportation center or a re- tation Research Board of the National Academy consortium that receives a grant under para- gional transportation center in a fiscal year of Sciences to evaluate and competitively review graph (2) or (3) shall not be eligible to receive a shall not be eligible to receive as a lead institu- all proposals. grant under this paragraph. tion or member of a consortium an additional ‘‘(c) GRANTS.— ‘‘(C) MATCHING REQUIREMENT.— ‘‘(1) IN GENERAL.—Not later than 1 year after grant in that fiscal year for a national transpor- ‘‘(i) IN GENERAL.—Subject to clause (iii), as a the date of enactment of the Transportation Re- tation center or a regional transportation cen- condition of receiving a grant under this para- search and Innovative Technology Act of 2012, ter. graph, a grant recipient shall match 50 percent the Secretary, in consultation as appropriate ‘‘(3) COORDINATION.—The Secretary shall so- of the amounts made available under the grant. licit grant applications for national transpor- with the Administrators of the Federal Highway ‘‘(ii) SOURCES.—The matching amounts re- tation centers, regional transportation centers, Administration and the Federal Transit Admin- ferred to in clause (i) may include amounts and Tier 1 university transportation centers istration, shall select grant recipients under sub- made available to the recipient under section with identical advertisement schedules and section (b) and make grant amounts available to 504(b) or 505 of title 23. deadlines. the selected recipients. ‘‘(iii) EXEMPTION.—This subparagraph shall ‘‘(2) NATIONAL TRANSPORTATION CENTERS.— ‘‘(4) GENERAL SELECTION CRITERIA.— not apply on a demonstration of financial hard- ‘‘(A) IN GENERAL.—Subject to subparagraph ‘‘(A) IN GENERAL.—Except as otherwise pro- ship by the applicant institution. (B), the Secretary shall provide grants to 5 re- vided by this section, the Secretary shall award ‘‘(D) FOCUSED RESEARCH.—In awarding cipients that the Secretary determines best meet grants under this section in nonexclusive can- grants under this paragraph, consideration the criteria described in subsection (b)(3). didate topic areas established by the Secretary shall be given to minority institutions, as de- ‘‘(B) RESTRICTIONS.— fined by section 365 of the Higher Education Act that address the research priorities identified in ‘‘(i) IN GENERAL.—For each fiscal year, a of 1965 (20 U.S.C. 1067k), or consortia that in- section 503 of title 23. grant made available under this paragraph clude such institutions that have demonstrated ‘‘(B) CRITERIA.—The Secretary, in consulta- shall be $3,000,000 per recipient. tion as appropriate with the Administrators of ‘‘(ii) FOCUSED RESEARCH.—The grant recipi- an ability in transportation-related research. ‘‘(d) PROGRAM COORDINATION.— the Federal Highway Administration and the ents under this paragraph shall focus research ‘‘(1) IN GENERAL.—The Secretary shall— Federal Transit Administration, shall select on national transportation issues, as determined each recipient of a grant under this section ‘‘(A) coordinate the research, education, and by the Secretary. technology transfer activities carried out by through a competitive process based on the as- ‘‘(C) MATCHING REQUIREMENT.— grant recipients under this section; and sessment of the Secretary relating to— ‘‘(i) IN GENERAL.—As a condition of receiving ‘‘(B) disseminate the results of that research ‘‘(i) the demonstrated ability of the recipient a grant under this paragraph, a grant recipient through the establishment and operation of an to address each specific topic area described in shall match 100 percent of the amounts made information clearinghouse. the research and strategic plans of the recipient; available under the grant. ‘‘(2) ANNUAL REVIEW AND EVALUATION.—Not ‘‘(ii) the demonstrated research, technology ‘‘(ii) SOURCES.—The matching amounts re- less frequently than annually, and consistent transfer, and education resources available to ferred to in clause (i) may include amounts with the plan developed under section 508 of the recipient to carry out this section; made available to the recipient under section title 23, the Secretary shall— ‘‘(iii) the ability of the recipient to provide 504(b) or 505 of title 23. ‘‘(A) review and evaluate the programs car- leadership in solving immediate and long-range ‘‘(3) REGIONAL UNIVERSITY TRANSPORTATION ried out under this section by grant recipients; national and regional transportation problems; CENTERS.— ‘‘(iv) the ability of the recipient to carry out ‘‘(A) LOCATION OF REGIONAL CENTERS.—One and research, education, and technology transfer ac- regional university transportation center shall ‘‘(B) submit to the Committees on Transpor- tivities that are multimodal and multidisci- be located in each of the 10 Federal regions that tation and Infrastructure and Science, Space, plinary in scope; comprise the Standard Federal Regions estab- and Technology of the House of Representatives ‘‘(v) the demonstrated commitment of the re- lished by the Office of Management and Budget and the Committee on Environment and Public cipient to carry out transportation workforce in the document entitled ‘Standard Federal Re- Works of the Senate a report describing that redevelopment programs through— gions’ and dated April, 1974 (circular A-105). view and evaluation. ROGRAM EVALUATION AND OVERSIGHT ‘‘(I) degree-granting programs; and ‘‘(B) SELECTION CRITERIA.—In conducting a ‘‘(3) P .— ‘‘(II) outreach activities to attract new en- competition under subsection (b), the Secretary For each of fiscal years 2013 and 2014, the Sec- 1 trants into the transportation field; shall provide grants to 10 recipients on the basis retary shall expend not more than 1 ⁄2 percent of ‘‘(vi) the demonstrated ability of the recipient of— the amounts made available to the Secretary to to disseminate results and spur the implementa- ‘‘(i) the criteria described in subsection (b)(3); carry out this section for any coordination, tion of transportation research and education ‘‘(ii) the location of the center within the Fed- evaluation, and oversight activities of the Sec- programs through national or statewide con- eral region to be served; and retary under this section. tinuing education programs; ‘‘(iii) whether the institution (or, in the case ‘‘(e) LIMITATION ON AVAILABILITY OF ‘‘(vii) the demonstrated commitment of the re- of consortium of institutions, the lead institu- AMOUNTS.—Amounts made available to the Sec- cipient to the use of peer review principles and tion) demonstrates that the institution has a retary to carry out this section shall remain other research best practices in the selection, well-established, nationally recognized program available for obligation by the Secretary for a management, and dissemination of research in transportation research and education, as period of 3 years after the last day of the fiscal projects; evidenced by— year for which the amounts are appropriated. ‘‘(viii) the strategic plan submitted by the re- ‘‘(I) recent expenditures by the institution in ‘‘(f) INFORMATION COLLECTION.—Any survey, cipient describing the proposed research to be highway or public transportation research; questionnaire, or interview that the Secretary carried out by the recipient and the performance ‘‘(II) a historical track record of awarding determines to be necessary to carry out report- metrics to be used in assessing the performance graduate degrees in professional fields closely ing requirements relating to any program assess- of the recipient in meeting the stated research, related to highways and public transportation; ment or evaluation activity under this section, technology transfer, education, and outreach and including customer satisfaction assessments, goals; and ‘‘(III) an experienced faculty who specialize shall not be subject to chapter 35 of title 44.’’. ‘‘(ix) the ability of the recipient to implement in professional fields closely related to highways (b) CONFORMING AMENDMENT.—The analysis the proposed program in a cost-efficient manner, and public transportation. for chapter 55 of title 49, United States Code, is

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00396 Fmt 4634 Sfmt 6333 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE June 28, 2012 CONGRESSIONAL RECORD — HOUSE H4555 amended by striking the item relating to section ‘‘(II) to address gaps in existing safety data given access to all safety data that the Director 5505 and inserting the following: programs of the Department; determines necessary to carry out that sub- ‘‘5505. University transportation centers pro- ‘‘(iii) work with the operating administrations section that is held by the Department or any gram.’’. of the Department— other Federal agency upon written request and ‘‘(I) to establish and implement the data pro- SEC. 52010. UNIVERSITY TRANSPORTATION RE- subject to any statutory or regulatory restric- SEARCH. grams of the Bureau; and tions. ‘‘(II) to improve the coordination of informa- (a) IN GENERAL.—Section 5506 of title 49, ‘‘§ 6303. Intermodal transportation database tion collection efforts with other Federal agen- United States Code, is repealed. cies; ‘‘(a) IN GENERAL.—In consultation with the (b) CONFORMING AMENDMENT.—The analysis ‘‘(iv) continually improve surveys and data Under Secretary Transportation for Policy, the for chapter 55 of title 49, United States Code, is collection methods of the Department to improve Assistant Secretaries of the Department, and the amended by striking the item relating to section the accuracy and utility of transportation sta- heads of the operating administrations of the 5506. tistics; Department, the Director shall establish and SEC. 52011. BUREAU OF TRANSPORTATION STA- ‘‘(v) encourage the standardization of data, maintain a transportation database for all TISTICS. data collection methods, and data management modes of transportation. (a) IN GENERAL.—Subtitle III of title 49, and storage technologies for data collected by— ‘‘(b) USE.—The database established under United States Code, is amended by adding at the ‘‘(I) the Bureau; this section shall be suitable for analyses carried end the following: ‘‘(II) the operating administrations of the De- out by the Federal Government, the States, and ‘‘CHAPTER 63—BUREAU OF partment; metropolitan planning organizations. TRANSPORTATION STATISTICS ‘‘(III) State and local governments; ‘‘(c) CONTENTS.—The database established ‘‘Sec. ‘‘(IV) metropolitan planning organizations; under this section shall include— ‘‘6301. Definitions. and ‘‘(1) information on the volumes and patterns ‘‘6302. Bureau of Transportation Statistics. ‘‘(V) private sector entities; of movement of goods, including local, inter- ‘‘6303. Intermodal transportation database. ‘‘(vi) collect, compile, analyze, and publish a regional, and international movement, by all ‘‘6304. National Transportation Library. comprehensive set of transportation statistics on modes of transportation, intermodal combina- ‘‘6305. Advisory council on transportation statis- the performance and impacts of the national tions, and relevant classification; tics. transportation system, including statistics on— ‘‘(2) information on the volumes and patterns ‘‘6306. Transportation statistical collection, ‘‘(I) transportation safety across all modes of movement of people, including local, inter- analysis, and dissemination. and intermodally; regional, and international movements, by all ‘‘6307. Furnishing of information, data, or re- ‘‘(II) the state of good repair of United States modes of transportation (including bicycle and ports by Federal agencies. transportation infrastructure; pedestrian modes), intermodal combinations, ‘‘6308. Proceeds of data product sales. ‘‘(III) the extent, connectivity, and condition and relevant classification; ‘‘6309. National transportation atlas database. of the transportation system, building on the ‘‘(3) information on the location and ‘‘6310. Limitations on statutory construction. national transportation atlas database devel- connectivity of transportation facilities and ‘‘6311. Research and development grants. oped under section 6310; services; and ‘‘6312. Transportation statistics annual report. ‘‘(IV) economic efficiency across the entire ‘‘(4) a national accounting of expenditures ‘‘6313. Mandatory response authority for freight transportation sector; and capital stocks on each mode of transpor- data collection. ‘‘(V) the effects of the transportation system tation and intermodal combination. on global and domestic economic competitive- ‘‘§ 6301. Definitions ‘‘§ 6304. National Transportation Library ness; ‘‘In this chapter, the following definitions ‘‘(VI) demographic, economic, and other vari- ‘‘(a) PURPOSE AND ESTABLISHMENT.—To sup- apply: ables influencing travel behavior, including port the information management and decision- ‘‘(1) BUREAU.—The term ‘Bureau’ means the choice of transportation mode and goods move- making needs of transportation officials at the Bureau of Transportation Statistics established ment; Federal, State, and local levels, there is estab- by section 6302(a). ‘‘(VII) transportation-related variables that lished in the Bureau a National Transportation ‘‘(2) DEPARTMENT.—The term ‘Department’ influence the domestic economy and global com- Library which shall— means the Department of Transportation. petitiveness; ‘‘(1) be headed by an individual who is highly ‘‘(3) DIRECTOR.—The term ‘Director’ means ‘‘(VIII) economic costs and impacts for pas- qualified in library and information science; the Director of the Bureau. senger travel and freight movement; ‘‘(2) acquire, preserve, and manage transpor- ‘‘(4) LIBRARY.—The term ‘Library’ means the ‘‘(IX) intermodal and multimodal passenger tation information and information products National Transportation Library established by movement; and services for use by the Department, other section 6304(a). ‘‘(X) intermodal and multimodal freight move- Federal agencies, and the general public; ‘‘(5) SECRETARY.—The term ‘Secretary’ means ment; and ‘‘(3) provide reference and research assist- the Secretary of Transportation. ‘‘(XI) consequences of transportation for the ance; ‘‘§ 6302. Bureau of Transportation Statistics human and natural environment; ‘‘(4) serve as a central depository for research ‘‘(a) ESTABLISHMENT.—There is established in ‘‘(vii) build and disseminate the transpor- results and technical publications of the Depart- the Research and Innovative Technology Ad- tation layer of the National Spatial Data Infra- ment; ministration the Bureau of Transportation Sta- structure developed under Executive Order 12906 ‘‘(5) provide a central clearinghouse for trans- tistics. (59 Fed. Reg. 17671) (or a successor Executive portation data and information of the Federal ‘‘(b) DIRECTOR.— Order), including by coordinating the develop- Government; ‘‘(1) APPOINTMENT.—The Bureau shall be ment of transportation geospatial data stand- ‘‘(6) serve as coordinator and policy lead for headed by a Director, who shall be appointed in ards, compiling intermodal geospatial data, and transportation information access; the competitive service by the Secretary. collecting geospatial data that is not being col- ‘‘(7) provide transportation information and ‘‘(2) QUALIFICATIONS.—The Director shall be lected by other entities; information products and services to— appointed from among individuals who are ‘‘(viii) issue guidelines for the collection of in- ‘‘(A) the Department; qualified to serve as the Director by virtue of formation by the Department that the Director ‘‘(B) other Federal agencies; their training and experience in the collection, determines necessary to develop transportation ‘‘(C) public and private organizations; and analysis, and use of transportation statistics. statistics and carry out modeling, economic as- ‘‘(D) individuals, within the United States and internationally; ‘‘(3) DUTIES.— sessment, and program assessment activities to ‘‘(8) coordinate efforts among, and cooperate ‘‘(A) IN GENERAL.—The Director shall— ensure that such information is accurate, reli- ‘‘(i) serve as the senior advisor to the Sec- able, relevant, uniform, and in a form that per- with, transportation libraries, information pro- retary on data and statistics; and mits systematic analysis by the Department; viders, and technical assistance centers, in con- ‘‘(ii) be responsible for carrying out the duties ‘‘(ix) review and report to the Secretary on the junction with private industry and other trans- described in subparagraph (B). sources and reliability of— portation library and information centers, with ‘‘(B) DUTIES.—The Director shall— ‘‘(I) the statistics proposed by the heads of the the goal of developing a comprehensive trans- ‘‘(i) ensure that the statistics compiled under operating administrations of the Department to portation information and knowledge network clause (vi) are designed to support transpor- measure outputs and outcomes as required by that supports the activities described in section tation decisionmaking by— the Government Performance and Results Act of 6302(b)(3)(B)(vi); and ‘‘(I) the Federal Government; 1993 (Public Law 103–62;107 Stat. 285); and ‘‘(9) engage in such other activities as the Di- ‘‘(II) State and local governments; ‘‘(II) at the request of the Secretary, any rector determines to be necessary and as the re- ‘‘(III) metropolitan planning organizations; other data collected or statistical information sources of the Library permit. ‘‘(IV) transportation-related associations; published by the heads of the operating admin- ‘‘(b) ACCESS.—The Director shall publicize, fa- ‘‘(V) the private sector, including the freight istrations of the Department; and cilitate, and promote access to the information community; and ‘‘(x) ensure that the statistics published under products and services described in subsection ‘‘(VI) the public; this section are readily accessible to the public, (a), to improve the ability of the transportation ‘‘(ii) establish on behalf of the Secretary a consistent with applicable security constraints community to share information and the ability program— and confidentiality interests. of the Director to make statistics and other in- ‘‘(I) to effectively integrate safety data across ‘‘(c) ACCESS TO FEDERAL DATA.—In carrying formation readily accessible as required under modes; and out subsection (b)(3)(B)(ii), the Director shall be section 6302(b)(3)(B)(x).

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‘‘(c) AGREEMENTS.— cies and instrumentalities, subject to the condi- closed without significantly impairing the dis- ‘‘(1) IN GENERAL.—To carry out this section, tions that the applicable agency or instrumen- charge of authorities and responsibilities which the Director may enter into agreements with, tality consents to that use and with or without have been delegated to, or vested by law, in award grants to, and receive amounts from, reimbursement for such use; such agency. any— ‘‘(2) enter into agreements with the agencies ‘‘§ 6308. Proceeds of data product sales ‘‘(A) State or local government; and instrumentalities described in paragraph (1) ‘‘Notwithstanding section 3302 of title 31, ‘‘(B) organization; for purposes of data collection and analysis; amounts received by the Bureau from the sale of ‘‘(C) business; or ‘‘(3) confer and cooperate with foreign govern- data products for necessary expenses incurred ‘‘(D) individual. ments, international organizations, and State, may be credited to the Highway Trust Fund ‘‘(2) CONTRACTS, GRANTS, AND AGREEMENTS.— municipal, and other local agencies; (other than the Mass Transit Account) for the The Library may initiate and support specific ‘‘(4) request such information, data, and re- purpose of reimbursing the Bureau for those ex- information and data management, access, and ports from any Federal agency as the Director penses. exchange activities in connection with matters determines necessary to carry out this chapter; relating to the Department’s strategic goals, ‘‘(5) encourage replication, coordination, and ‘‘§ 6309. National transportation atlas data- knowledge networking, and national and inter- sharing of information among transportation base national cooperation, by entering into contracts agencies regarding information systems, infor- ‘‘(a) IN GENERAL.—The Director shall develop or other agreements or awarding grants for the mation policy, and data; and and maintain a national transportation atlas conduct of such activities. ‘‘(6) confer and cooperate with Federal statis- database that is comprised of geospatial data- ‘‘(3) AMOUNTS.—Any amounts received by the tical agencies as the Director determines nec- bases that depict— Library as payment for library products and essary to carry out this chapter, including by ‘‘(1) transportation networks; services or other activities shall be made avail- entering into cooperative data sharing agree- ‘‘(2) flows of people, goods, vehicles, and craft able to the Director to carry out this section, de- ments in conformity with all laws and regula- over the transportation networks; and posited in the Research and Innovative Tech- tions applicable to the disclosure and use of ‘‘(3) social, economic, and environmental con- nology Administration’s general fund account, data. ditions that affect or are affected by the transportation networks. and remain available until expended. ‘‘§ 6307. Furnishing of information, data, or ‘‘(b) INTERMODAL NETWORK ANALYSIS.—The ‘‘§ 6305. Advisory council on transportation reports by Federal agencies statistics databases referred to in subsection (a) shall be ‘‘(a) IN GENERAL.—Except as provided in sub- capable of supporting intermodal network anal- ‘‘(a) IN GENERAL.—The Director shall estab- section (b), a Federal agency requested to fur- ysis. lish and consult with an advisory council on nish information, data, or reports by the Direc- transportation statistics. tor under section 6302(b)(3)(B) shall provide the ‘‘§ 6310. Limitations on statutory construction ‘‘(b) FUNCTION.—The advisory council estab- information to the Director. ‘‘Nothing in this chapter— lished under this section shall advise the Direc- ‘‘(b) PROHIBITION ON CERTAIN DISCLOSURES.— ‘‘(1) authorizes the Bureau to require any tor on— ‘‘(1) IN GENERAL.—An officer, employee, or other Federal agency to collect data; or ‘‘(1) the quality, reliability, consistency, objec- contractor of the Bureau may not— ‘‘(2) alters or diminishes the authority of any tivity, and relevance of transportation statistics ‘‘(A) make any disclosure in which the data other officer of the Department to collect and and analyses collected, supported, or dissemi- provided by an individual or organization under disseminate data independently. nated by the Bureau and the Department; and section 6302(b)(3)(B) can be identified; ‘‘§ 6311. Research and development grants ‘‘(2) methods to encourage cooperation and ‘‘(B) use the information provided under sec- ‘‘The Secretary may make grants to, or enter interoperability of transportation data collected tion 6302(b)(3)(B) for a nonstatistical purpose; into cooperative agreements or contracts with, by the Bureau, the operating administrations of or public and nonprofit private entities (including the Department, States, local governments, met- ‘‘(C) permit anyone other than an individual State transportation departments, metropolitan ropolitan planning organizations, and private authorized by the Director to examine any indi- planning organizations, and institutions of sector entities. vidual report provided under section higher education) for— ‘‘(c) MEMBERSHIP.— 6302(b)(3)(B). ‘‘(1) investigation of the subjects described in ‘‘(1) IN GENERAL.—The advisory council shall ‘‘(2) COPIES OF REPORTS.— section 6302(b)(3)(B)(vi); be composed of not fewer than 9 and not more ‘‘(A) IN GENERAL.—No department, bureau, ‘‘(2) research and development of new meth- than 11 members appointed by the Director. agency, officer, or employee of the United States ods of data collection, standardization, manage- ‘‘(2) SELECTION.—In selecting members for the (except the Director in carrying out this chap- ment, integration, dissemination, interpretation, advisory council, the Director shall appoint inter) may require, for any reason, a copy of any and analysis; dividuals who— report that has been filed under section ‘‘(3) demonstration programs by States, local ‘‘(A) are not officers or employees of the 6302(b)(3)(B) with the Bureau or retained by an governments, and metropolitan planning organi- United States; individual respondent. zations to coordinate data collection, reporting, ‘‘(B) possess expertise in— ‘‘(B) LIMITATION ON JUDICIAL PROCEEDINGS.— management, storage, and archiving to simplify ‘‘(i) transportation data collection, analysis, A copy of a report described in subparagraph data comparisons across jurisdictions; or application; (A) that has been retained by an individual re- ‘‘(4) development of electronic clearinghouses ‘‘(ii) economics; or spondent or filed with the Bureau or any of the of transportation data and related information, ‘‘(iii) transportation safety; and employees, contractors, or agents of the Bu- as part of the Library; and ‘‘(C) represent a cross section of transpor- reau— ‘‘(5) development and improvement of methods tation stakeholders, to the greatest extent pos- ‘‘(i) shall be immune from legal process; and for sharing geographic data, in support of the sible. ‘‘(ii) shall not, without the consent of the in- database under section 6310 and the National ‘‘(d) TERMS OF APPOINTMENT.— dividual concerned, be admitted as evidence or Spatial Data Infrastructure developed under ‘‘(1) IN GENERAL.—Except as provided in para- used for any purpose in any action, suit, or Executive Order 12906 (59 Fed. Reg. 17671) (or a graph (2), members of the advisory council shall other judicial or administrative proceedings. successor Executive Order). be appointed to staggered terms not to exceed 3 ‘‘(C) APPLICABILITY.—This paragraph shall ‘‘§ 6312. Transportation statistics annual re- years. apply only to reports that permit information port ‘‘(2) ADDITIONAL TERMS.—A member may be concerning an individual or organization to be renominated for 1 additional 3-year term. reasonably determined by direct or indirect ‘‘The Director shall submit to the President ‘‘(3) CURRENT MEMBERS.—A member serving means. and Congress a transportation statistics annual on an advisory council on transportation statis- ‘‘(3) INFORMING RESPONDENT OF USE OF report, which shall include— tics on the day before the date of enactment of ‘‘(1) information on the progress of the Direc- DATA.—If the Bureau is authorized by statute to the Transportation Research and Innovative collect data or information for a nonstatistical tor in carrying out the duties described in sec- Technology Act of 2012 shall serve until the end purpose, the Director shall clearly distinguish tion 6302(b)(3)(B); of the appointed term of the member. the collection of the data or information, by rule ‘‘(2) documentation of the methods used to ob- PPLICABILITY OF FEDERAL ADVISORY ‘‘(e) A and on the collection instrument, in a manner tain and ensure the quality of the statistics pre- COMMITTEE ACT.—The Federal Advisory Com- that informs the respondent who is requested or sented in the report; and mittee Act (5 U.S.C. App.) shall apply to the ad- required to supply the data or information of ‘‘(3) any recommendations of the Director for visory council established under this section, ex- the nonstatistical purpose. improving transportation statistical informa- cept that section 14 of that Act shall not apply. tion. ‘‘(c) TRANSPORTATION AND TRANSPORTATION- ‘‘§ 6306. Transportation statistical collection, RELATED DATA ACCESS.—The Director shall be ‘‘§ 6313. Mandatory response authority for analysis, and dissemination provided access to any transportation and freight data collection ‘‘To ensure that all transportation statistical transportation-related information in the pos- ‘‘(a) FREIGHT DATA COLLECTION.— collection, analysis, and dissemination is carried session of any Federal agency, except— ‘‘(1) IN GENERAL.—An owner, official, agent, out in a coordinated manner, the Director ‘‘(1) information that is expressly prohibited person in charge, or assistant to the person in may— by law from being disclosed to another Federal charge of a freight corporation, company, busi- ‘‘(1) use the services, equipment, records, per- agency; or ness, institution, establishment, or organization sonnel, information, and facilities of other Fed- ‘‘(2) information that the agency possessing described in paragraph (2) shall be fined in ac- eral agencies, or State, local, and private agen- the information determines could not be dis- cordance with subsection (b) if that individual

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00398 Fmt 4634 Sfmt 6333 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE June 28, 2012 CONGRESSIONAL RECORD — HOUSE H4557 neglects or refuses, when requested by the Di- tions, partnerships, sole proprietorships, and of State governments, local governments, metro- rector or other authorized officer, employee, or trade associations that are incorporated or es- politan planning agencies, transit agencies, or contractor of the Bureau to submit data under tablished under the laws of any State; other political subdivisions of a State that— section 6302(b)(3)(B)— ‘‘(B) Federal laboratories; and ‘‘(A) have signed a written agreement to im- ‘‘(A) to answer completely and correctly to the ‘‘(C) other Federal agencies. plement an activity that meets the grant criteria best knowledge of that individual all questions ‘‘(2) COOPERATION, GRANTS, CONTRACTS, AND under this section; and relating to the corporation, company, business, AGREEMENTS.—Notwithstanding any other pro- ‘‘(B) is comprised of at least 2 members, each institution, establishment, or other organiza- vision of law, the Administrator may directly of whom is an eligible entity. tion; or initiate contracts, grants, cooperative research ‘‘(b) PURPOSE.—The purpose of this section is ‘‘(B) to make available records or statistics in and development agreements (as defined in sec- to develop, administer, communicate, and pro- the official custody of the individual. tion 12 of the Stevenson-Wydler Technology In- mote the use of products of research, tech- ‘‘(2) DESCRIPTION OF ENTITIES.—A freight cor- novation Act of 1980 (15 U.S.C. 3710a)), and nology, and technology transfer programs. poration, company, business, institution, estab- other agreements to fund, and accept funds ‘‘(c) ITS ADOPTION.— lishment, or organization referred to in para- from, the Transportation Research Board of the ‘‘(1) INNOVATIVE TECHNOLOGIES AND STRATE- graph (1) is a corporation, company, business, National Research Council of the National GIES.—The Secretary shall encourage the de- institution, establishment, or organization Academy of Sciences, State departments of ployment of ITS technologies that will improve that— transportation, cities, counties, institutions of the performance of the National Highway Sys- ‘‘(A) receives Federal funds relating to the higher education, associations, and the agents tem in such areas as traffic operations, emer- freight program; and of those entities to carry out joint transpor- gency response, incident management, surface ‘‘(B) has consented to be subject to a fine tation research and technology efforts. transportation network management, freight under this subsection on— ‘‘(3) FEDERAL SHARE.— management, traffic flow information, and con- ‘‘(i) refusal to supply any data requested; or ‘‘(A) IN GENERAL.—Subject to subparagraph gestion management by accelerating the adop- ‘‘(ii) failure to respond to a written request. (B), the Federal share of the cost of an activity tion of innovative technologies through the use ‘‘(b) FINES.— carried out under paragraph (2) shall not exceed of— ‘‘(1) IN GENERAL.—Subject to paragraph (2), 50 percent. ‘‘(A) demonstration programs; an individual described in subsection (a) shall ‘‘(B) EXCEPTION.—If the Secretary determines ‘‘(B) grant funding; be fined not more than $500. that the activity is of substantial public interest ‘‘(C) incentives to eligible entities; and ‘‘(D) other tools, strategies, or methods that ‘‘(2) WILLFUL ACTIONS.—If an individual will- or benefit, the Secretary may approve a greater fully gives a false answer to a question de- Federal share. will result in the deployment of innovative ITS technologies. scribed in subsection (a)(1), the individual shall ‘‘(C) NON-FEDERAL SHARE.—All costs directly ‘‘(2) COMPREHENSIVE PLAN.—To carry out this be fined not more than $10,000.’’. incurred by the non-Federal partners, including section, the Secretary shall develop a detailed (b) RULES OF CONSTRUCTION.—If the provi- personnel, travel, facility, and hardware devel- and comprehensive plan that addresses the sions of section 111 of title 49, United States opment costs, shall be credited toward the non- manner in which incentives may be adopted, as Code, are transferred to chapter 63 of that title, Federal share of the cost of an activity described appropriate, through the existing deployment the following rules of construction apply: in subparagraph (A). activities carried out by surface transportation (1) For purposes of determining whether 1 pro- ‘‘(4) USE OF TECHNOLOGY.—The research, de- modal administrations.’’. vision of law supersedes another based on en- velopment, or use of a technology under a con- actment later in time, a chapter 63 provision is tract, grant, cooperative research and develop- SEC. 53002. GOALS AND PURPOSES. deemed to have been enacted on the date of en- ment agreement, or other agreement entered into (a) IN GENERAL.—Chapter 5 of title 23, United actment of the corresponding section 111 provi- under this subsection, including the terms under States Code, is amended by adding after section sion. which the technology may be licensed and the 513 the following: (2) A reference to a section 111 provision, in- resulting royalties may be distributed, shall be ‘‘§ 514. Goals and purposes cluding a reference in a regulation, order, or subject to the Stevenson-Wydler Technology In- ‘‘(a) GOALS.—The goals of the intelligent other law, is deemed to refer to the cor- novation Act of 1980 (15 U.S.C. 3701 et seq.). transportation system program include— responding chapter 63 provision. ‘‘(5) WAIVER OF ADVERTISING REQUIRE- ‘‘(1) enhancement of surface transportation (3) A regulation, order, or other administra- MENTS.—Section 6101 of title 41 shall not apply efficiency and facilitation of intermodalism and tive action in effect under a section 111 provi- to a contract, grant, or other agreement entered international trade to enable existing facilities sion continues in effect under the corresponding into under this section.’’. to meet a significant portion of future transpor- chapter 63 provision. SEC. 52013. TRANSPORTATION RESEARCH AND tation needs, including public access to employ- (4) An action taken or an offense committed DEVELOPMENT STRATEGIC PLAN- ment, goods, and services and to reduce regu- under a section 111 provision is deemed to have NING. latory, financial, and other transaction costs to been taken or committed under the cor- Section 508(a) of title 23, United States Code, public agencies and system users; responding chapter 63 provision. is amended— ‘‘(2) achievement of national transportation (c) CONFORMING AMENDMENTS.— (1) in paragraph (1), by striking ‘‘SAFETEA– safety goals, including enhancement of safe op- (1) REPEAL.—Section 111 of title 49, United LU’’ and inserting ‘‘Transportation Research eration of motor vehicles and nonmotorized ve- States Code, is repealed, and the item relating to and Innovative Technology Act of 2012’’; and hicles and improved emergency response to colli- section 111 in the analysis for chapter 1 of that (2) in paragraph (2), by striking subparagraph sions, with particular emphasis on decreasing title is deleted. (A) and inserting the following: the number and severity of collisions; (2) ANALYSIS FOR SUBTITLE III.—The analysis ‘‘(A) describe the primary purposes of the ‘‘(3) protection and enhancement of the nat- for subtitle III of title 49, United States Code, is transportation research and development pro- ural environment and communities affected by amended by inserting after the items for chapter gram, which shall include, at a minimum— surface transportation, with particular empha- 61 the following: ‘‘(i) promoting safety; sis on assisting State and local governments to ‘‘(ii) reducing congestion and improving mo- ‘‘CHAPTER 63—BUREAU OF TRANSPORTATION achieve national environmental goals; bility; ‘‘(4) accommodation of the needs of all users STATISTICS.’’. ‘‘(iii) preserving the environment; of surface transportation systems, including op- SEC. 52012. ADMINISTRATIVE AUTHORITY. ‘‘(iv) preserving the existing transportation erators of commercial motor vehicles, passenger Section 112 of title 49, United States Code, is system; motor vehicles, motorcycles, bicycles, and pedes- amended by adding at the end the following: ‘‘(v) improving the durability and extending trians (including individuals with disabilities); ‘‘(f) PROGRAM EVALUATION AND OVERSIGHT.— the life of transportation infrastructure; and and For each of fiscal years 2013 and 2014, the Ad- ‘‘(vi) improving goods movement.’’. ‘‘(5) enhancement of national defense mobility ministrator is authorized to expend not more TITLE III—INTELLIGENT and improvement of the ability of the United than 11⁄2 percent of the amounts authorized to TRANSPORTATION SYSTEMS RESEARCH States to respond to security-related or other be appropriated for necessary expenses for ad- SEC. 53001. USE OF FUNDS FOR ITS ACTIVITIES. manmade emergencies and natural disasters. ministration and operations of the Research and Section 513 of title 23, United States Code, is ‘‘(b) PURPOSES.—The Secretary shall imple- Innovative Technology Administration for the amended to read as follows: ment activities under the intelligent transpor- coordination, evaluation, and oversight of the tation system program, at a minimum— programs administered by the Administration. ‘‘§ 513. Use of funds for ITS activities ‘‘(1) to expedite, in both metropolitan and ‘‘(g) COLLABORATIVE RESEARCH AND DEVELOP- ‘‘(a) DEFINITIONS.—In this section, the fol- rural areas, deployment and integration of in- MENT.— lowing definitions apply: telligent transportation systems for consumers of ‘‘(1) IN GENERAL.—To encourage innovative ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible enti- passenger and freight transportation; solutions to multimodal transportation problems ty’ means a State or local government, tribal ‘‘(2) to ensure that Federal, State, and local and stimulate the deployment of new tech- government, transit agency, public toll author- transportation officials have adequate knowl- nology, the Administrator may carry out, on a ity, metropolitan planning organization, other edge of intelligent transportation systems for cost-shared basis, collaborative research and de- political subdivision of a State or local govern- consideration in the transportation planning velopment with— ment, or a multistate or multijurisdictional process; ‘‘(A) non-Federal entities, including State and group applying through a single lead applicant. ‘‘(3) to improve regional cooperation and oper- local governments, foreign governments, institu- ‘‘(2) MULTIJURISDICTIONAL GROUP.—The term ations planning for effective intelligent trans- tions of higher education, corporations, institu- ‘multijurisdictional group’ means a combination portation system deployment;

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‘‘(4) to promote the innovative use of private ‘‘(B) FEDERAL FINANCIAL ASSISTANCE.—If the and evaluation of operational tests and deploy- resources in support of intelligent transpor- Secretary enters into an agreement with an enti- ment projects carried out under this chapter. tation system development; ty for the maintenance of the repository, the en- ‘‘(B) OBJECTIVITY AND INDEPENDENCE.—The ‘‘(5) to facilitate, in cooperation with the tity shall be eligible for Federal financial assist- guidelines and requirements issued under sub- motor vehicle industry, the introduction of vehi- ance under this section. paragraph (A) shall include provisions to ensure cle-based safety enhancing systems; ‘‘(3) AVAILABILITY OF INFORMATION.—Infor- the objectivity and independence of the report- ‘‘(6) to support the application of intelligent mation in the repository shall not be subject to ing entity so as to avoid any real or apparent transportation systems that increase the safety sections 552 and 555 of title 5, United States conflict of interest or potential influence on the and efficiency of commercial motor vehicle oper- Code. outcome by parties to any such test or deploy- ations; ‘‘(h) ADVISORY COMMITTEE.— ment project or by any other formal evaluation ‘‘(7) to develop a workforce capable of devel- ‘‘(1) IN GENERAL.—The Secretary shall estab- carried out under this chapter. oping, operating, and maintaining intelligent lish an Advisory Committee to advise the Sec- ‘‘(C) FUNDING.—The guidelines and require- transportation systems; retary on carrying out this chapter. ments issued under subparagraph (A) shall es- ‘‘(8) to provide continuing support for oper- ‘‘(2) MEMBERSHIP.—The Advisory Committee tablish reporting funding levels based on the ations and maintenance of intelligent transpor- shall have no more than 20 members, be bal- size and scope of each test or project that ensure tation systems; and anced between metropolitan and rural interests, adequate reporting of the results of the test or ‘‘(9) to ensure a systems approach that in- and include, at a minimum— project. cludes cooperation among vehicles, infrastruc- ‘‘(A) a representative from a State highway ‘‘(2) SPECIAL RULE.—Any survey, question- ture, and users.’’. department; naire, or interview that the Secretary considers (b) CONFORMING AMENDMENT.—The analysis ‘‘(B) a representative from a local highway necessary to carry out the reporting of any test, for chapter 5 of title 23, United States Code, is department who is not from a metropolitan deployment project, or program assessment ac- amended by adding after the item relating to planning organization; tivity under this chapter shall not be subject to section 513 the following: ‘‘(C) a representative from a State, local, or chapter 35 of title 44, United States Code.’’. regional transit agency; (b) CONFORMING AMENDMENT.—The analysis ‘‘514. Goals and purposes.’’. ‘‘(D) a representative from a metropolitan for chapter 5 of title 23, United States Code, is SEC. 53003. GENERAL AUTHORITIES AND RE- planning organization; amended by adding after the item relating to QUIREMENTS. ‘‘(E) a private sector user of intelligent trans- section 514 (as added by section 53002) the fol- (a) IN GENERAL.—Chapter 5 of title 23, United portation system technologies; lowing: States Code, is amended by adding after section ‘‘(F) an academic researcher with expertise in ‘‘515. General authorities and requirements.’’. 514 (as added by section 53002) the following: computer science or another information science SEC. 53004. RESEARCH AND DEVELOPMENT. ‘‘§ 515. General authorities and requirements field related to intelligent transportation sys- (a) IN GENERAL.—Chapter 5 of title 23, United ‘‘(a) SCOPE.—Subject to the provisions of this tems, and who is not an expert on transpor- States Code, is amended by adding after section chapter, the Secretary shall conduct an ongoing tation issues; 515 (as added by section 53003) the following: ‘‘(G) an academic researcher who is a civil en- intelligent transportation system program— ‘‘§ 516. Research and development ‘‘(1) to research, develop, and operationally gineer; ‘‘(a) IN GENERAL.—The Secretary shall carry test intelligent transportation systems; and ‘‘(H) an academic researcher who is a social ‘‘(2) to provide technical assistance in the na- scientist with expertise in transportation issues; out a comprehensive program of intelligent tionwide application of those systems as a com- ‘‘(I) a representative from a nonprofit group transportation system research and develop- ponent of the surface transportation systems of representing the intelligent transportation sys- ment, and operational tests of intelligent vehi- the United States. tem industry; cles, intelligent infrastructure systems, and other similar activities that are necessary to ‘‘(b) POLICY.—Intelligent transportation sys- ‘‘(J) a representative from a public interest tem research projects and operational tests group concerned with safety; carry out this chapter. ‘‘(b) PRIORITY AREAS.—Under the program, funded pursuant to this chapter shall encourage ‘‘(K) a representative from a public interest the Secretary shall give higher priority to fund- and not displace public-private partnerships or group concerned with the impact of the transportation system on land use and residential ing projects that— private sector investment in those tests and ‘‘(1) enhance mobility and productivity projects. patterns; and ‘‘(L) members with expertise in planning, safe- through improved traffic management, incident ‘‘(c) COOPERATION WITH GOVERNMENTAL, PRI- ty, telecommunications, utilities, and oper- management, transit management, freight man- VATE, AND EDUCATIONAL ENTITIES.—The Sec- ations. agement, road weather management, toll collec- retary shall carry out the intelligent transpor- ‘‘(3) DUTIES.—The Advisory Committee shall, tion, traveler information, or highway oper- tation system program in cooperation with State at a minimum, perform the following duties: ations systems and remote sensing products; and local governments and other public entities, ‘‘(A) Provide input into the development of ‘‘(2) use interdisciplinary approaches to de- the private sector firms of the United States, the the intelligent transportation system aspects of velop traffic management strategies and tools to Federal laboratories, and institutions of higher the strategic plan under section 508. address multiple impacts of congestion concur- education, including historically Black colleges ‘‘(B) Review, at least annually, areas of intel- rently; and universities and other minority institutions ligent transportation systems research being ‘‘(3) address traffic management, incident of higher education. considered for funding by the Department, to management, transit management, toll collection ‘‘(d) CONSULTATION WITH FEDERAL OFFI- determine— traveler information, or highway operations sys- CIALS.—In carrying out the intelligent transpor- ‘‘(i) whether these activities are likely to ad- tems; tation system program, the Secretary shall con- vance either the state-of-the-practice or state-of- ‘‘(4) incorporate research on the potential im- sult with the heads of other Federal agencies, as the-art in intelligent transportation systems; pact of environmental, weather, and natural appropriate. ‘‘(ii) whether the intelligent transportation conditions on intelligent transportation systems, ‘‘(e) TECHNICAL ASSISTANCE, TRAINING, AND system technologies are likely to be deployed by including the effects of cold climates; INFORMATION.—The Secretary may provide tech- users, and if not, to determine the barriers to de- ‘‘(5) enhance intermodal use of intelligent nical assistance, training, and information to ployment; and transportation systems for diverse groups, in- State and local governments seeking to imple- ‘‘(iii) the appropriate roles for government cluding for emergency and health-related serv- ment, operate, maintain, or evaluate intelligent and the private sector in investing in the re- ices; transportation system technologies and services. search and technologies being considered. ‘‘(6) enhance safety through improved crash ‘‘(f) TRANSPORTATION PLANNING.—The Sec- ‘‘(4) REPORT.—Not later than February 1 of avoidance and protection, crash and other noti- retary may provide funding to support adequate each year after the date of enactment of the fication, commercial motor vehicle operations, consideration of transportation systems manage- Transportation Research and Innovative Tech- and infrastructure-based or cooperative safety ment and operations, including intelligent nology Act of 2012, the Secretary shall submit to systems; or transportation systems, within metropolitan and Congress a report that includes— ‘‘(7) facilitate the integration of intelligent in- statewide transportation planning processes. ‘‘(A) all recommendations made by the Advi- frastructure, vehicle, and control technologies. ‘‘(g) INFORMATION CLEARINGHOUSE.— sory Committee during the preceding calendar ‘‘(c) FEDERAL SHARE.—The Federal share pay- ‘‘(1) IN GENERAL.—The Secretary shall— year; able on account of any project or activity car- ‘‘(A) maintain a repository for technical and ‘‘(B) an explanation of the manner in which ried out under subsection (a) shall not exceed 80 safety data collected as a result of federally the Secretary has implemented those rec- percent.’’. sponsored projects carried out under this chap- ommendations; and (b) CONFORMING AMENDMENT.—The analysis ter; and ‘‘(C) for recommendations not implemented, for chapter 5 of title 23, United States Code, is ‘‘(B) make, on request, that information (ex- the reasons for rejecting the recommendations. amended by adding after the item relating to cept for proprietary information and data) read- ‘‘(5) APPLICABILITY OF FEDERAL ADVISORY section 515 (as added by section 53003) the fol- ily available to all users of the repository at an COMMITTEE ACT.—The Advisory Committee shall lowing: appropriate cost. be subject to the Federal Advisory Committee ‘‘516. Research and development.’’. ‘‘(2) AGREEMENT.— Act (5 U.S.C. App.). SEC. 53005. NATIONAL ARCHITECTURE AND ‘‘(A) IN GENERAL.—The Secretary may enter ‘‘(i) REPORTING.— STANDARDS. into an agreement with a third party for the ‘‘(1) GUIDELINES AND REQUIREMENTS.— (a) IN GENERAL.—Chapter 5 of title 23, United maintenance of the repository for technical and ‘‘(A) IN GENERAL.—The Secretary shall issue States Code, is amended by adding after section safety data under paragraph (1)(A). guidelines and requirements for the reporting 516 (as added by section 53004) the following:

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00400 Fmt 4634 Sfmt 6333 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE June 28, 2012 CONGRESSIONAL RECORD — HOUSE H4559 ‘‘§ 517. National architecture and standards ‘‘§ 518. Vehicle-to-vehicle and vehicle-to-infra- of an election by an eligible county under this ‘‘(a) IN GENERAL.— structure communications systems deploy- subsection not later than September 30, 2012, ment and each September 30 thereafter for each suc- ‘‘(1) DEVELOPMENT, IMPLEMENTATION, AND ceeding fiscal year.’’; MAINTENANCE.—In accordance with section 12(d) ‘‘(a) IN GENERAL.—Not later than 3 years (II) by redesignating subparagraph (B) as of the National Technology Transfer and Ad- after the date of enactment of this section, the subparagraph (D) and moving the subparagraph vancement Act of 1995 (15 U.S.C. 272 note; 110 Secretary shall submit to the Committees on so as to appear at the end of paragraph (1) of Stat. 783; 115 Stat. 1241), the Secretary shall de- Commerce, Science, and Transportation and En- subsection (d); and velop and maintain a national ITS architecture vironment and Public Works of the Senate and (III) by inserting after subparagraph (A) the and supporting ITS standards and protocols to the Committees on Transportation and Infra- following: promote the use of systems engineering methods structure, Energy and Commerce, and Science, Space, and Technology of the House of Rep- ‘‘(B) FAILURE TO ELECT.—If the Governor of in the widespread deployment and evaluation of an eligible State fails to notify the Secretary intelligent transportation systems as a compo- resentatives that— ‘‘(1) assesses the status of dedicated short- concerned of the election for an eligible county nent of the surface transportation systems of the by the date specified in subparagraph (A)— United States. range communications technology and applications developed through research and develop- ‘‘(i) the eligible county shall be considered to ‘‘(2) INTEROPERABILITY AND EFFICIENCY.—To ment; have elected to expend 80 percent of the funds in the maximum extent practicable, the national ‘‘(2) analyzes the known and potential gaps accordance with paragraph (1)(A); and ITS architecture and supporting ITS standards in short-range communications technology and ‘‘(ii) the remainder shall be available to the and protocols shall promote interoperability applications; Secretary concerned to carry out projects in the among, and efficiency of, intelligent transpor- ‘‘(3) defines a recommended implementation eligible county to further the purpose described tation systems and technologies implemented path for dedicated short-range communications in section 202(b).’’; throughout the United States. technology and applications that— (4) in section 103(d)(2), by striking ‘‘fiscal year ‘‘(3) USE OF STANDARDS DEVELOPMENT ORGANI- ‘‘(A) is based on the assessment described in 2011’’ and inserting ‘‘each of fiscal years 2011 ZATIONS.—In carrying out this section, the Sec- paragraph (1); and and 2012’’; retary shall support the development and main- ‘‘(B) takes into account the analysis described (5) in section 202, by adding at the end the fol- tenance of standards and protocols using the in paragraph (2); lowing: services of such standards development organi- ‘‘(4) includes guidance on the relationship of ‘‘(c) ADMINISTRATIVE EXPENSES.—A resource zations as the Secretary determines to be nec- the proposed deployment of dedicated short- advisory committee may, in accordance with essary and whose memberships are comprised of, range communications to the National ITS Ar- section 203, propose to use not more than 10 per- and represent, the surface transportation and chitecture and ITS Standards; and cent of the project funds of an eligible county intelligent transportation systems industries. ‘‘(5) ensures competition by not preferencing for any fiscal year for administrative expenses ‘‘(b) STANDARDS FOR NATIONAL POLICY IMPLE- the use of any particular frequency for vehicle associated with operating the resource advisory MENTATION.—If the Secretary finds that a to infrastructure operations. committee under this title.’’; standard is necessary for implementation of a ‘‘(b) REPORT REVIEW.—The Secretary shall (6) in section 204(e)(3)(B)(iii), by striking ‘‘and nationwide policy relating to user fee collection enter into agreements with the National Re- 2011’’ and inserting ‘‘through 2012’’; or other capability requiring nationwide uni- search Council and an independent third party (7) in section 205(a)(4), by striking ‘‘2006’’ formity, the Secretary, after consultation with with subject matter expertise for the review of each place it appears and inserting ‘‘2011’’; stakeholders, may establish and require the use the report described in subsection (a).’’. (8) in section 208(b), by striking ‘‘2012’’ and of that standard. (b) CONFORMING AMENDMENT.—The analysis inserting ‘‘2013’’; ‘‘(c) PROVISIONAL STANDARDS.— for chapter 5 of title 23, United States Code, is (9) in section 302(a)(2)(A), by inserting ‘‘and’’ ‘‘(1) IN GENERAL.—If the Secretary finds that amended by adding after section 517 (as added after the semicolon; and the development or balloting of an intelligent by section 53005) the following: (10) in section 304(b), by striking ‘‘2012’’ and transportation system standard jeopardizes the ‘‘518. Vehicle-to-vehicle and vehicle-to-infra- inserting ‘‘2013’’. timely achievement of the objectives described in structure communications systems (b) FAILURE TO MAKE ELECTION.—For each subsection (a), the Secretary may establish a deployment.’’. county that failed to make an election for fiscal year 2011 in accordance with section provisional standard, after consultation with DIVISION F—MISCELLANEOUS affected parties, using, to the maximum extent 102(d)(3)(A) of the Secure Rural Schools and TITLE I—REAUTHORIZATION OF CERTAIN practicable, the work product of appropriate Community Self-Determination Act of 2000 (16 PROGRAMS standards development organizations. U.S.C. 7112(d)(3)(A)), there shall be available to Subtitle A—Secure Rural Schools and the Secretary of Agriculture to carry out ‘‘(2) PERIOD OF EFFECTIVENESS.—A provisional Community Self-determination Program projects to further the purpose described in sec- standard established under paragraph (1) shall tion 202(b) of that Act (16 U.S.C. 7122(b)), from be published in the Federal Register and remain SEC. 100101. SECURE RURAL SCHOOLS AND COM- amounts in the Treasury not otherwise appro- in effect until the appropriate standards devel- MUNITY SELF-DETERMINATION PRO- GRAM. priated, the amount that is equal to 15 percent opment organization adopts and publishes a (a) AMENDMENTS.—The Secure Rural Schools of the total share of the State payment that oth- standard. and Community Self-Determination Act of 2000 erwise would have been made to the county ‘‘(d) CONFORMITY WITH NATIONAL ARCHITEC- (16 U.S.C. 7101 et seq.) is amended— under that Act for fiscal year 2011. TURE.— (1) in section 3(11)— Subtitle B—Payment in Lieu of Taxes ‘‘(1) IN GENERAL.—Except as provided in para- (A) in subparagraph (A), by striking ‘‘and’’ Program graph (2), the Secretary shall ensure that intel- after the semicolon at the end; ligent transportation system projects carried out (B) in subparagraph (B)— SEC. 100111. PAYMENTS IN LIEU OF TAXES. using amounts made available from the High- (i) by striking ‘‘fiscal year 2009 and each fiscal Section 6906 of title 31, United States Code, is way Trust Fund, including amounts made year thereafter’’ and inserting ‘‘each of fiscal amended by striking ‘‘2012’’ and inserting available to deploy intelligent transportation years 2009 through 2011’’; and ‘‘2013’’. systems, conform to the appropriate regional (ii) by striking the period at the end and in- Subtitle C—Offsets ITS architecture, applicable standards, and pro- serting ‘‘; and’’; and SEC. 100121. PHASED RETIREMENT AUTHORITY. tocols developed under subsection (a) or (c). (C) by adding at the end the following: (a) CSRS.—Chapter 83 of title 5, United States ‘‘(2) DISCRETION OF THE SECRETARY.—The Sec- ‘‘(C) for fiscal year 2012 and each fiscal year Code, is amended— retary, at the discretion of the Secretary, may thereafter, the amount that is equal to 95 per- (1) in section 8331— offer an exemption from paragraph (1) for cent of the full funding amount for the pre- (A) in paragraph (30) by striking ‘‘and’’ at the projects designed to achieve specific research ob- ceding fiscal year.’’; end; jectives outlined in the national intelligent (2) in sections 101, 102, 203, 207, 208, 304, and (B) in paragraph (31) by striking the period at transportation system program plan or the sur- 402, by striking ‘‘2011’’ each place it appears the end and inserting ‘‘; and’’; and face transportation research and development and inserting ‘‘2012’’; (C) by adding at the end the following: strategic plan developed under section 508.’’. (3) in section 102— ‘‘(32) ‘Director’ means the Director of the Of- (b) CONFORMING AMENDMENT.—The analysis (A) by striking ‘‘2008’’ each place it appears fice of Personnel Management.’’; for chapter 5 of title 23, United States Code, is and inserting ‘‘2012’’; (2) by inserting after section 8336 the fol- amended by adding after the item relating to (B) in subsection (b)(2)(B), by inserting ‘‘in lowing: 2012’’ before ‘‘, the election’’; and section 516 (as added by section 53004) the fol- ‘‘§ 8336a. Phased retirement lowing: (C) in subsection (d)— (i) in paragraph (1)(A), by striking ‘‘para- ‘‘(a) For the purposes of this section— ‘‘517. National architecture and standards.’’. graph (3)(B)’’ and inserting ‘‘subparagraph ‘‘(1) the term ‘composite retirement annuity’ SEC. 53006. VEHICLE-TO-VEHICLE AND VEHICLE- (D)’’; and means the annuity computed when a phased re- TO-INFRASTRUCTURE COMMUNICA- (ii) in paragraph (3)— tiree attains full retirement status; TIONS SYSTEMS DEPLOYMENT. (I) by striking subparagraph (A) and inserting ‘‘(2) the term ‘full retirement status’ means (a) IN GENERAL.—Chapter 5 of title 23, United the following: that a phased retiree has ceased employment States Code, is amended by adding after section ‘‘(A) NOTIFICATION.—The Governor of each el- and is entitled, upon application, to a composite 517 (as added by section 53005) the following: igible State shall notify the Secretary concerned retirement annuity;

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00401 Fmt 4634 Sfmt 6333 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H4560 CONGRESSIONAL RECORD — HOUSE June 28, 2012 ‘‘(3) the term ‘phased employment’ means the ‘‘(c)(1) Except as otherwise provided under as if the individual was employed on a full-time less-than-full-time employment of a phased re- this subsection, the phased retirement annuity basis in the position occupied during the phased tiree; for a phased retiree is the product obtained by retirement period and before any reduction for ‘‘(4) the term ‘phased retiree’ means a retire- multiplying— survivor annuity or reduction based on an elec- ment-eligible employee who— ‘‘(A) the amount of an annuity computed tion under section 8334(d)(2); by ‘‘(A) makes an election under subsection (b); under section 8339 that would have been pay- ‘‘(ii) the working percentage. and able to the phased retiree if, on the date on ‘‘(2) After computing a composite retirement ‘‘(B) has not entered full retirement status; which the phased retiree enters phased retire- annuity under paragraph (1), the Director shall ‘‘(5) the term ‘phased retirement annuity’ ment status, the phased retiree had separated adjust the amount of the annuity for any appli- means the annuity payable under this section from service and retired under section 8336(a) or cable reductions for a survivor annuity and any before full retirement; (b); by previously elected actuarial reduction under ‘‘(6) the term ‘phased retirement percentage’ ‘‘(B) the phased retirement percentage for the section 8334(d)(2). means the percentage which, when added to the phased retiree. ‘‘(3) A composite retirement annuity shall be working percentage for a phased retiree, pro- ‘‘(2) A phased retirement annuity shall be adjusted in accordance with section 8340, except duces a sum of 100 percent; that subsection (c)(1) of that section shall not ‘‘(7) the term ‘phased retirement period’ means paid in addition to the basic pay for the position apply. the period beginning on the date on which an to which a phased retiree is appointed during ‘‘(4) In computing a composite retirement an- individual becomes entitled to receive a phased phased employment. ‘‘(3) A phased retirement annuity shall be ad- nuity under paragraph (1)(B)(i), the unused retirement annuity and ending on the date on sick leave to the credit of a phased retiree at the which the individual dies or separates from justed in accordance with section 8340. ‘‘(4)(A) A phased retirement annuity shall not time of entry into full retirement status shall be phased employment; ‘‘(8) the term ‘phased retirement status’ means be subject to reduction for any form of survivor adjusted by dividing the number of hours of un- that a phased retiree is concurrently employed annuity, shall not serve as the basis of the com- used sick leave by the working percentage. in phased employment and eligible to receive a putation of any survivor annuity, and shall not ‘‘(g)(1) Under such procedures and conditions phased retirement annuity; be subject to any court order requiring a sur- as the Director may provide, and with the con- ‘‘(9) the term ‘retirement-eligible employee’— vivor annuity to be provided to any individual. currence of the head of the employing agency, a ‘‘(A) means an individual who, if the indi- ‘‘(B) A phased retirement annuity shall be phased retiree may elect to terminate phased re- vidual separated from the service, would meet subject to a court order providing for division, tirement status and return to a full-time work the requirements for retirement under subsection allotment, assignment, execution, levy, attach- schedule. (a) or (b) of section 8336; but ment, garnishment, or other legal process on the ‘‘(2) Upon entering a full-time work schedule ‘‘(B) does not include an employee described same basis as other annuities. based upon an election under paragraph (1), the in section 8335 after the date on which the em- ‘‘(5) Any reduction of a phased retirement an- phased retirement annuity of a phased retiree ployee is required to be separated from the serv- nuity based on an election under section shall terminate. ice by reason of such section; and 8334(d)(2) shall be applied to the phased retire- ‘‘(3) After the termination of a phased retire- ‘‘(10) the term ‘working percentage’ means the ment annuity after computation under para- ment annuity under this subsection, the individ- percentage of full-time employment equal to the graph (1). ual’s rights under this subchapter shall be de- quotient obtained by dividing— ‘‘(6)(A) Any deposit, or election of an actu- termined based on the law in effect at the time ‘‘(A) the number of hours per pay period to be arial annuity reduction in lieu of a deposit, for of any subsequent separation from service. For worked by a phased retiree, as scheduled in ac- military service or for creditable civilian service purposes of this subchapter or chapter 84, at cordance with subsection (b)(2); by for which retirement deductions were not made time of the subsequent separation from service, ‘‘(B) the number of hours per pay period to be or refunded shall be made by a retirement-eligi- the phased retirement period shall be treated as worked by an employee serving in a comparable ble employee at or before the time the retire- if it had been a period of part-time employment position on a full-time basis. ment-eligible employee enters phased retirement with the work schedule described in subsection ‘‘(b)(1) With the concurrence of the head of status. No such deposit may be made, or actu- (b)(2). the employing agency, and under regulations arial adjustment in lieu thereof elected, at the ‘‘(h) For purposes of section 8341— promulgated by the Director, a retirement-eligi- time a phased retiree enters full retirement sta- ‘‘(1) the death of a phased retiree shall be ble employee who has been employed on a full- tus. deemed to be the death in service of an em- time basis for not less than the 3-year period ‘‘(B) Notwithstanding subparagraph (A), if a ployee; and ending on the date on which the retirement-eli- phased retiree does not make such a deposit and ‘‘(2) the phased retirement period shall be gible employee makes an election under this sub- dies in service as a phased retiree, a survivor of deemed to have been a period of part-time em- section may elect to enter phased retirement sta- the phased retiree shall have the same right to ployment with the work schedule described in tus. make such deposit as would have been available subsection (b)(2). ‘‘(2)(A) Subject to subparagraph (B), at the had the employee not entered phased retirement ‘‘(i) Employment of a phased retiree shall not time of entering phased retirement status, a status and died in service. be deemed to be part-time career employment, as phased retiree shall be appointed to a position ‘‘(C) If a phased retiree makes an election for defined in section 3401(2). for which the working percentage is 50 percent. an actuarial annuity reduction under section ‘‘(j) A phased retiree is not eligible to apply ‘‘(B) The Director may, by regulation, provide 8334(d)(2) and dies in service as a phased retiree, for an annuity under section 8337. for working percentages different from the per- the amount of any deposit upon which such ac- ‘‘(k) For purposes of section 8341(h)(4), retire- centage specified under subparagraph (A), tuarial reduction shall have been based shall be ment shall be deemed to occur on the date on which shall be not less than 20 percent and not deemed to have been fully paid. which a phased retiree enters into full retire- more than 80 percent. ‘‘(7) A phased retirement annuity shall comment status. ‘‘(C) The working percentage for a phased re- mence on the date on which a phased retiree en- ‘‘(l) For purposes of sections 8343 and 8351, tiree may not be changed during the phased re- ters phased employment. and subchapter III of chapter 84, a phased retiree’s phased retirement period. ‘‘(8) No unused sick leave credit may be used tiree shall be deemed to be an employee. ‘‘(D)(i) Not less than 20 percent of the hours in the computation of the phased retirement an- ‘‘(m) A phased retiree is not subject to section to be worked by a phased retiree shall consist of nuity. 8344. mentoring. ‘‘(n) For purposes of chapter 87, a phased re- ‘‘(d) All basic pay not in excess of the full- ‘‘(ii) The Director may, by regulation, provide tiree shall be deemed to be receiving basic pay at time rate of pay for the position to which a for exceptions to the requirement under clause the rate of a full-time employee in the position phased retiree is appointed shall be deemed to be (i). to which the phased retiree is appointed.’’; and basic pay for purposes of section 8334. ‘‘(iii) Clause (i) shall not apply to a phased (3) in the table of sections by inserting after ‘‘(e) Under such procedures as the Director retiree serving in the United States Postal Serv- the item relating to section 8336 the following: may prescribe, a phased retiree may elect to ice. Nothing in this clause shall prevent the ap- ‘‘8336a. Phased retirement.’’. plication of clause (i) or (ii) with respect to a enter full retirement status at any time. Upon making such an election, a phased retiree shall (b) FERS.—Chapter 84 of title 5, United States phased retiree serving in the Postal Regulatory Code, is amended— Commission. be entitled to a composite retirement annuity. ‘‘(f)(1) Except as provided otherwise under (1) by inserting after section 8412 the fol- ‘‘(3) A phased retiree— lowing new section: ‘‘(A) may not be employed in more than one this subsection, a composite retirement annuity position at any time; and is a single annuity computed under regulations ‘‘§ 8412a. Phased retirement ‘‘(B) may transfer to another position in the prescribed by the Director, equal to the sum of— ‘‘(a) For the purposes of this section— same or a different agency, only if the transfer ‘‘(A) the amount of the phased retirement an- ‘‘(1) the term ‘composite retirement annuity’ does not result in a change in the working per- nuity as of the date of full retirement, before means the annuity computed when a phased re- centage. any reduction based on an election under sec- tiree attains full retirement status; ‘‘(4) A retirement-eligible employee may make tion 8334(d)(2), and including any adjustments ‘‘(2) the term ‘full retirement status’ means not more than one election under this subsection made under section 8340; and that a phased retiree has ceased employment during the retirement-eligible employee’s life- ‘‘(B) the product obtained by multiplying— and is entitled, upon application, to a composite time. ‘‘(i) the amount of an annuity computed retirement annuity; ‘‘(5) A retirement-eligible employee who makes under section 8339 that would have been pay- ‘‘(3) the term ‘phased employment’ means the an election under this subsection may not make able at the time of full retirement if the indi- less-than-full-time employment of a phased re- an election under section 8343a. vidual had not elected a phased retirement and tiree;

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00402 Fmt 4634 Sfmt 6333 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE June 28, 2012 CONGRESSIONAL RECORD — HOUSE H4561 ‘‘(4) the term ‘phased retiree’ means a retire- ‘‘(5) A retirement-eligible employee who makes that subsection (c)(1) of that section shall not ment-eligible employee who— an election under this subsection may not make apply. ‘‘(A) makes an election under subsection (b); an election under section 8420a. ‘‘(4) In computing a composite retirement an- and ‘‘(c)(1) Except as otherwise provided under nuity under paragraph (1)(B)(i), the unused ‘‘(B) has not entered full retirement status; this subsection, the phased retirement annuity sick leave to the credit of a phased retiree at the ‘‘(5) the term ‘phased retirement annuity’ for a phased retiree is the product obtained by time of entry into full retirement status shall be means the annuity payable under this section multiplying— adjusted by dividing the number of hours of un- before full retirement; ‘‘(A) the amount of an annuity computed used sick leave by the working percentage. ‘‘(6) the term ‘phased retirement percentage’ under section 8415 that would have been pay- ‘‘(g)(1) Under such procedures and conditions means the percentage which, when added to the able to the phased retiree if, on the date on as the Director may provide, and with the con- working percentage for a phased retiree, pro- which the phased retiree enters phased retire- currence of the head of employing agency, a duces a sum of 100 percent; ment status, the phased retiree had separated phased retiree may elect to terminate phased re- ‘‘(7) the term ‘phased retirement period’ means from service and retired under section 8412 (a) tirement status and return to a full-time work the period beginning on the date on which an or (b); by schedule. individual becomes entitled to receive a phased ‘‘(B) the phased retirement percentage for the ‘‘(2) Upon entering a full-time work schedule retirement annuity and ending on the date on phased retiree. based on an election under paragraph (1), the which the individual dies or separates from ‘‘(2) A phased retirement annuity shall be phased retirement annuity of a phased retiree phased employment; paid in addition to the basic pay for the position shall terminate. ‘‘(8) the term ‘phased retirement status’ means to which a phased retiree is appointed during ‘‘(3) After termination of the phased retire- that a phased retiree is concurrently employed the phased employment. ment annuity under this subsection, the individ- in phased employment and eligible to receive a ‘‘(3) A phased retirement annuity shall be ad- ual’s rights under this chapter shall be deter- phased retirement annuity; justed in accordance with section 8462. mined based on the law in effect at the time of ‘‘(9) the term ‘retirement-eligible employee’— ‘‘(4)(A) A phased retirement annuity shall not any subsequent separation from service. For ‘‘(A) means an individual who, if the indi- be subject to reduction for any form of survivor purposes of this chapter, at the time of the sub- vidual separated from the service, would meet annuity, shall not serve as the basis of the com- sequent separation from service, the phased re- the requirements for retirement under subsection putation of any survivor annuity, and shall not tirement period shall be treated as if it had been (a) or (b) of section 8412; and be subject to any court order requiring a sur- a period of part-time employment with the work ‘‘(B) does not include— vivor annuity to be provided to any individual. schedule described in subsection (b)(2). ‘‘(i) an individual who, if the individual sepa- ‘‘(B) A phased retirement annuity shall be ‘‘(h) For purposes of subchapter IV— rated from the service, would meet the require- subject to a court order providing for division, ‘‘(1) the death of a phased retiree shall be ments for retirement under subsection (d) or (e) allotment, assignment, execution, levy, attach- deemed to be the death in service of an em- of section 8412; but ment, garnishment, or other legal process on the ployee; ‘‘(ii) does not include an employee described same basis as other annuities. ‘‘(2) except for purposes of section in section 8425 after the date on which the em- ‘‘(5)(A) Any deposit, or election of an actu- 8442(b)(1)(A)(i), the phased retirement period ployee is required to be separated from the serv- arial annuity reduction in lieu of a deposit, for shall be deemed to have been a period of part- ice by reason of such section; and military service or for creditable civilian service time employment with the work schedule de- ‘‘(10) the term ‘working percentage’ means the for which retirement deductions were not made scribed in subsection (b)(2) of this section; and percentage of full-time employment equal to the or refunded, shall be made by a retirement-eligi- ‘‘(3) for purposes of section 8442(b)(1)(A)(i), quotient obtained by dividing— ble employee at or before the time the retire- the phased retiree shall be deemed to have been ‘‘(A) the number of hours per pay period to be ment-eligible employee enters phased retirement at the full-time rate of pay for the position occu- worked by a phased retiree, as scheduled in ac- status. No such deposit may be made, or actu- pied. ‘‘(i) Employment of a phased retiree shall not cordance with subsection (b)(2); by arial adjustment in lieu thereof elected, at the be deemed to be part-time career employment, as ‘‘(B) the number of hours per pay period to be time a phased retiree enters full retirement sta- worked by an employee serving in a comparable defined in section 3401(2). tus. ‘‘(j) A phased retiree is not eligible to receive position on a full-time basis. ‘‘(B) Notwithstanding subparagraph (A), if a ‘‘(b)(1) With the concurrence of the head of an annuity supplement under section 8421. phased retiree does not make such a deposit and ‘‘(k) For purposes of subchapter III, a phased the employing agency, and under regulations dies in service as a phased retiree, a survivor of promulgated by the Director, a retirement-eligi- retiree shall be deemed to be an employee. the phased retiree shall have the same right to ‘‘(l) For purposes of section 8445(d), retirement ble employee who has been employed on a full- make such deposit as would have been available time basis for not less than the 3-year period shall be deemed to occur on the date on which had the employee not entered phased retirement a phased retiree enters into full retirement sta- ending on the date on which the retirement-eli- status and died in service. gible employee makes an election under this sub- tus. ‘‘(6) A phased retirement annuity shall com- ‘‘(m) A phased retiree is not eligible to apply section may elect to enter phased retirement sta- mence on the date on which a phased retiree en- for an annuity under subchapter V. tus. ters phased employment. ‘‘(n) A phased retiree is not subject to section ‘‘(2)(A) Subject to subparagraph (B), at the ‘‘(7) No unused sick leave credit may be used 8468. time of entering phased retirement status, a in the computation of the phased retirement an- ‘‘(o) For purposes of chapter 87, a phased re- phased retiree shall be appointed to a position nuity. tiree shall be deemed to be receiving basic pay at for which the working percentage is 50 percent. ‘‘(d) All basic pay not in excess of the full- the rate of a full-time employee in the position ‘‘(B) The Director may, by regulation, provide time rate of pay for the position to which a to which the phased retiree is appointed.’’; and for working percentages different from the per- phased retiree is appointed shall be deemed to be (2) in the table of sections by inserting after centage specified under subparagraph (A), basic pay for purposes of sections 8422 and 8423. the item relating to section 8412 the following: which shall be not less than 20 percent and not ‘‘(e) Under such procedures as the Director ‘‘8412a. Phased retirement.’’. more than 80 percent. may prescribe, a phased retiree may elect to (c) EXEMPTION FROM 10-PERCENT ADDITIONAL ‘‘(C) The working percentage for a phased re- enter full retirement status at any time. Upon TAX ON EARLY DISTRIBUTIONS.—Section tiree may not be changed during the phased re- making such an election, a phased retiree shall 72(t)(2)(A) of the Internal Revenue Code of 1986 tiree’s phased retirement period. be entitled to a composite retirement annuity. ‘‘(D)(i) Not less than 20 percent of the hours ‘‘(f)(1) Except as provided otherwise under is amended by striking ‘‘or’’ at the end of clause to be worked by a phased retiree shall consist of this subsection, a composite retirement annuity (vi), by striking the period at the end of clause mentoring. is a single annuity computed under regulations (vii) and inserting ‘‘, or’’, and by adding at the ‘‘(ii) The Director may, by regulation, provide prescribed by the Director, equal to the sum of— end the following: for exceptions to the requirement under clause ‘‘(A) the amount of the phased retirement an- ‘‘(viii) payments under a phased retirement (i). nuity as of the date of full retirement, including annuity under section 8366a(a)(5) or 8412a(a)(5) ‘‘(iii) Clause (i) shall not apply to a phased any adjustments made under section 8462; and of title 5, United States Code, or a composite re- retiree serving in the United States Postal Serv- ‘‘(B) the product obtained by multiplying— tirement annuity under section 8366a(a)(1) or ice. Nothing in this clause shall prevent the ap- ‘‘(i) the amount of an annuity computed 8412a(a)(1) of such title.’’. plication of clause (i) or (ii) with respect to a under section 8412 that would have been pay- (d) EFFECTIVE DATE.—The amendments made phased retiree serving in the Postal Regulatory able at the time of full retirement if the indi- by subsections (a) and (b) shall take effect on Commission. vidual had not elected a phased retirement and the effective date of the implementing regula- ‘‘(3) A phased retiree— as if the individual was employed on a full-time tions issued by the Director of the Office of Per- ‘‘(A) may not be employed in more than one basis in the position occupied during the phased sonnel Management. position at any time; and retirement period and before any adjustment to SEC. 100122. ROLL-YOUR-OWN CIGARETTE MA- ‘‘(B) may transfer to another position in the provide for a survivor annuity; by CHINES. same or a different agency, only if the transfer ‘‘(ii) the working percentage. (a) IN GENERAL.—Subsection (d) of section does not result in a change in the working per- ‘‘(2) After computing a composite retirement 5702 of the Internal Revenue Code of 1986 is centage. annuity under paragraph (1), the Director shall amended by adding at the end the following ‘‘(4) A retirement-eligible employee may make adjust the amount of the annuity for any appli- new flush sentence: not more than one election under this subsection cable reductions for a survivor annuity. ‘‘Such term shall include any person who for during the retirement-eligible employee’s life- ‘‘(3) A composite retirement annuity shall be commercial purposes makes available for con- time. adjusted in accordance with section 8462, except sumer use (including such consumer’s personal

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00403 Fmt 4634 Sfmt 6333 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H4562 CONGRESSIONAL RECORD — HOUSE June 28, 2012 consumption or use under paragraph (1)) a ma- SEC. 100202. DEFINITIONS. ‘‘(E) any property which on or after the date chine capable of making cigarettes, cigars, or (a) IN GENERAL.—In this subtitle, the fol- of enactment of the Biggert-Waters Flood Insur- other tobacco products. A person making such a lowing definitions shall apply: ance Reform Act of 2012 has experienced or sus- machine available for consumer use shall be (1) 100-YEAR FLOODPLAIN.—The term ‘‘100- tained— deemed the person making the removal as de- year floodplain’’ means that area which is sub- ‘‘(i) substantial damage exceeding 50 percent fined by subsection (j) with respect to any to- ject to inundation from a flood having a 1-per- of the fair market value of such property; or bacco products manufactured by such machine. cent chance of being equaled or exceeded in any ‘‘(ii) substantial improvement exceeding 30 A person who sells a machine directly to a con- given year. percent of the fair market value of such prop- sumer at retail for a consumer’s personal home (2) 500-YEAR FLOODPLAIN.—The term ‘‘500- erty; and’’; and use is not making a machine available for com- year floodplain’’ means that area which is sub- (B) by adding at the end the following: mercial purposes if such machine is not used at ject to inundation from a flood having a 0.2-per- ‘‘(g) NO EXTENSION OF SUBSIDY TO NEW POLI- a retail premises and is designed to produce to- cent chance of being equaled or exceeded in any CIES OR LAPSED POLICIES.—The Administrator bacco products only in personal use quan- given year. shall not provide flood insurance to prospective tities.’’. (3) ADMINISTRATOR.—The term ‘‘Adminis- insureds at rates less than those estimated (b) EFFECTIVE DATE.—The amendment made trator’’ means the Administrator of the Federal under subsection (a)(1), as required by para- by this section shall apply to articles removed Emergency Management Agency. graph (2) of that subsection, for— after the date of the enactment of this Act. (4) NATIONAL FLOOD INSURANCE PROGRAM.— ‘‘(1) any property not insured by the flood in- SEC. 100123. CHANGE IN FMAP INCREASE FOR The term ‘‘National Flood Insurance Program’’ surance program as of the date of enactment of DISASTER RECOVERY STATES. means the program established under the Na- the Biggert-Waters Flood Insurance Reform Act (a) ACCELERATED DATE FOR PRIOR AMEND- tional Flood Insurance Act of 1968 (42 U.S.C. of 2012; MENTS.—Section 3204(b) of the Middle Class Tax 4011 et seq.). ‘‘(2) any property purchased after the date of Relief and Job Creation Act of 2012 (Public Law (5) WRITE YOUR OWN.—The term ‘‘Write Your enactment of the Biggert-Waters Flood Insur- 112–96) is amended by striking ‘‘October 1, 2013’’ Own’’ means the cooperative undertaking be- ance Reform Act of 2012; and inserting ‘‘October 1, 2012’’. tween the insurance industry and the Federal ‘‘(3) any policy under the flood insurance pro- (b) APPLICATION OF 50 PERCENT IN FISCAL Insurance Administration which allows partici- gram that has lapsed in coverage, as a result of YEAR 2013.—Subparagraph (B) of section pating property and casualty insurance compa- the deliberate choice of the holder of such pol- 1905(aa)(1) of the Social Security Act (42 U.S.C. nies to write and service standard flood insur- icy; or 1396d(aa)(1)), as amended by section 3204(a) of ance policies. ‘‘(4) any prospective insured who refuses to Public Law 112–96, is amended by striking ‘‘25 (b) COMMON TERMINOLOGY.—Except as other- accept any offer for mitigation assistance by the percent’’ and inserting ‘‘25 percent (or 50 per- wise provided in this subtitle, any terms used in Administrator (including an offer to relocate), cent in the case of fiscal year 2013)’’. this subtitle shall have the meaning given to including an offer of mitigation assistance— (c) EFFECTIVE DATE.—The amendments made such terms under section 1370 of the National ‘‘(A) following a major disaster, as defined in by this section shall be effective as if included in Flood Insurance Act of 1968 (42 U.S.C. 4121). section 102 of the Robert T. Stafford Disaster the enactment of section 3204 of Public Law 112– SEC. 100203. EXTENSION OF NATIONAL FLOOD IN- Relief and Emergency Assistance Act (42 U.S.C. 96. SURANCE PROGRAM. 5122); or SEC. 100124. REPEALS. (a) FINANCING.—Section 1309(a) of the Na- ‘‘(B) in connection with— (a) TRANSPORTATION REQUIREMENTS FOR CER- tional Flood Insurance Act of 1968 (42 U.S.C. ‘‘(i) a repetitive loss property; or TAIN EXPORTS SPONSORED BY THE SECRETARY OF 4016(a)) is amended by striking ‘‘July 31, 2012’’ ‘‘(ii) a severe repetitive loss property. AGRICULTURE.— and inserting ‘‘September 30, 2017’’. ‘‘(h) DEFINITION.—In this section, the term (1) REPEAL.—Subsections (a) and (c) of section (b) PROGRAM EXPIRATION.—Section 1319 of the ‘severe repetitive loss property’ has the fol- 55314 of title 46, United States Code, are re- National Flood Insurance Act of 1968 (42 U.S.C. lowing meaning: pealed. 4026) is amended by striking ‘‘July 31, 2012’’ and ‘‘(1) SINGLE-FAMILY PROPERTIES.—In the case (2) ACTIVITIES DESCRIBED.—Subsection (b) of inserting ‘‘September 30, 2017’’. of a property consisting of 1 to 4 residences, section 55314 of title 46, United States Code, is such term means a property that— amended by striking ‘‘This section applies to ex- SEC. 100204. AVAILABILITY OF INSURANCE FOR ‘‘(A) is covered under a contract for flood in- MULTIFAMILY PROPERTIES. port activity’’ and inserting ‘‘The activities surance made available under this title; and Section 1305 of the National Flood Insurance specified in this subsection are export activi- ‘‘(B) has incurred flood-related damage— Act of 1968 (42 U.S.C. 4012) is amended— ties’’. ‘‘(i) for which 4 or more separate claims pay- (1) in subsection (b)(2)(A), by inserting ‘‘not (b) FINANCING THE TRANSPORTATION OF AGRI- ments have been made under flood insurance described in subsection (a) or (d)’’ after ‘‘prop- CULTURAL COMMODITIES.—Subsection (a) of sec- coverage under this chapter, with the amount of erties’’; and tion 55316 of title 46, United States Code, is re- each such claim exceeding $5,000, and with the (2) by adding at the end the following: pealed. cumulative amount of such claims payments ex- ‘‘(d) AVAILABILITY OF INSURANCE FOR MULTI- (c) CONFORMING AMENDMENTS.— ceeding $20,000; or (1) MINIMUM TONNAGE.—Section 55315(b) of FAMILY PROPERTIES.— ‘‘(ii) for which at least 2 separate claims pay- title 46, United States Code, is amended by strik- ‘‘(1) IN GENERAL.—The Administrator shall ments have been made under such coverage, ing ‘‘subject to section 55314’’ and inserting make flood insurance available to cover residen- with the cumulative amount of such claims ex- ‘‘specified in section 55314(b)’’. tial properties of 5 or more residences. Notwith- ceeding the value of the property. standing any other provision of law, the max- (2) ISSUANCE AND PURCHASE OF OBLIGATIONS ‘‘(2) MULTIFAMILY PROPERTIES.—In the case AND NOTIFICATION TO CONGRESS OF INSUFFI- imum coverage amount that the Administrator of a property consisting of 5 or more residences, CIENCY.—Section 55316 of title 46, United States may make available under this subsection to such term shall have such meaning as the Direc- Code, is amended— such residential properties shall be equal to the tor shall by regulation provide.’’. (A) in subsection (c)(1) by striking ‘‘under coverage amount made available to commercial (2) EFFECTIVE DATE.—The amendments made subsections (a) and (b)’’ and inserting ‘‘under properties. by paragraph (1) shall become effective 90 days subsection (b)’’; and ‘‘(2) RULE OF CONSTRUCTION.—Nothing in this after the date of enactment of this Act. (B) in subsection (f) by striking ‘‘subsections subsection shall be construed to limit the ability (b) ESTIMATES OF PREMIUM RATES.—Section (a) and (b) and section 55314(a) of this title’’ of individuals residing in residential properties 1307(a)(1)(B) of the National Flood Insurance and inserting ‘‘subsection (b)’’. of 5 or more residences to obtain insurance for Act of 1968 (42 U.S.C. 4014(a)(1)(B)) is amend- (3) TERMINATION OF SUBCHAPTER.—Section the contents and personal articles located in ed— 55317 of title 46, United States Code, is amended such residences.’’. (1) in clause (ii), by striking ‘‘and’’ at the end; by striking ‘‘sections 55314(a) and 55316(a) and SEC. 100205. REFORM OF PREMIUM RATE STRUC- (2) in clause (iii), by adding ‘‘and’’ at the end; (b)’’ and inserting ‘‘section 55316(b)’’. TURE. and SEC. 100125. LIMITATION ON PAYMENTS FROM (a) TO EXCLUDE CERTAIN PROPERTIES FROM (3) by inserting after clause (iii) the following: THE ABANDONED MINE RECLAMA- RECEIVING SUBSIDIZED PREMIUM RATES.— ‘‘(iv) all costs, as prescribed by principles and TION FUND. (1) IN GENERAL.—Section 1307 of the National Section 411(h) of the Surface Mining Control standards of practice in ratemaking adopted by Flood Insurance Act of 1968 (42 U.S.C. 4014) is and Reclamation Act of 1977 (30 U.S.C. 1240a(h)) the American Academy of Actuaries and the amended— is amended by adding at the end the following: Casualty Actuarial Society, including— (A) in subsection (a)(2), by striking ‘‘for any ‘‘(5) LIMITATION ON ANNUAL PAYMENTS.—Not- ‘‘(I) an estimate of the expected value of fu- residential property which is not the primary withstanding any other provision of this sub- ture costs, residence of an individual; and’’ and inserting section, the total annual payment to a certified ‘‘(II) all costs associated with the transfer of the following: ‘‘for— State or Indian tribe under this subsection shall risk, and ‘‘(A) any residential property which is not the be not more than $15,000,000.’’. ‘‘(III) the costs associated with an individual primary residence of an individual; risk transfer with respect to risk classes, as de- TITLE II—FLOOD INSURANCE ‘‘(B) any severe repetitive loss property; fined by the Administrator,’’. Subtitle A—Flood Insurance Reform and ‘‘(C) any property that has incurred flood-re- (c) INCREASE IN ANNUAL LIMITATION ON PRE- Modernization lated damage in which the cumulative amounts MIUM INCREASES.—Section 1308(e) of the Na- SEC. 100201. SHORT TITLE. of payments under this title equaled or exceeded tional Flood Insurance Act of 1968 (42 U.S.C. This subtitle may be cited as the ‘‘Biggert- the fair market value of such property; 4015(e)) is amended— Waters Flood Insurance Reform Act of 2012’’. ‘‘(D) any business property; or (1) in the matter preceding paragraph (1)—

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00404 Fmt 4634 Sfmt 6333 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE June 28, 2012 CONGRESSIONAL RECORD — HOUSE H4563 (A) by striking ‘‘or (3)’’; and 1973 (42 U.S.C. 4012a(d)) is amended to read as ministrator under section 1360 for the area in (B) by inserting ‘‘any properties’’ after follows: which such structure is located, the minimum ‘‘under this title for’’; ‘‘(1) REGULATED LENDING INSTITUTIONS.— annual deductible for damage to such structure (2) in paragraph (1)— ‘‘(A) FEDERAL ENTITIES RESPONSIBLE FOR shall be— (A) by striking ‘‘any properties within any LENDING REGULATIONS.—Each Federal entity for ‘‘(A) $1,000, if the flood insurance coverage for single’’ and inserting ‘‘within any single’’; and lending regulation (after consultation and co- such structure covers loss of, or physical dam- (B) by striking ‘‘10 percent’’ and inserting ‘‘20 ordination with the Federal Financial Institu- age to, such structure in an amount equal to or percent’’; and tions Examination Council) shall, by regulation, less than $100,000; and (3) by striking paragraph (2) and inserting the direct that all premiums and fees for flood in- ‘‘(B) $1,250, if the flood insurance coverage for following: surance under the National Flood Insurance such structure covers loss of, or physical dam- ‘‘(2) described in subparagraphs (A) through Act of 1968, for improved real estate or a mobile (E) of section 1307(a)(2) shall be increased by 25 age to, such structure in an amount greater percent each year, until the average risk pre- home, shall be paid to the regulated lending in- than $100,000.’’. mium rate for such properties is equal to the av- stitution or servicer for any loan secured by the SEC. 100211. CONSIDERATIONS IN DETERMINING erage of the risk premium rates for properties improved real estate or mobile home, with the CHARGEABLE PREMIUM RATES. described under paragraph (1).’’. same frequency as payments on the loan are Section 1308 of the National Flood Insurance (d) PREMIUM PAYMENT FLEXIBILITY FOR NEW made, for the duration of the loan. Except as Act of 1968 (42 U.S.C. 4015), as amended by this AND EXISTING POLICYHOLDERS.—Section 1308 of provided in subparagraph (C), upon receipt of Act, is amended— the National Flood Insurance Act of 1968 (42 any premiums or fees, the regulated lending in- (1) in subsection (a), by striking ‘‘, after con- U.S.C. 4015) is amended by adding at the end stitution or servicer shall deposit such premiums sultation with’’ and all that follows through the following: and fees in an escrow account on behalf of the ‘‘by regulation’’ and inserting ‘‘prescribe, after ‘‘(g) FREQUENCY OF PREMIUM COLLECTION.— borrower. Upon receipt of a notice from the Ad- providing notice’’; With respect to any chargeable premium rate ministrator or the provider of the flood insur- (2) in subsection (b)— prescribed under this section, the Administrator ance that insurance premiums are due, the pre- (A) in paragraph (1), by striking the period at shall provide policyholders that are not required miums deposited in the escrow account shall be the end and inserting a semicolon; to escrow their premiums and fees for flood in- paid to the provider of the flood insurance. (B) in paragraph (2), by striking the comma at surance as set forth under section 102 of the ‘‘(B) LIMITATION.—Except as may be required the end and inserting a semicolon; Flood Disaster Protection Act of 1973 (42 U.S.C. under applicable State law, a Federal entity for (C) in paragraph (3), by striking ‘‘, and’’ and 4012a) with the option of paying their premiums lending regulation may not direct or require a inserting a semicolon; either annually or in more frequent install- regulated lending institution to deposit pre- (D) in paragraph (4), by striking the period at ments.’’. miums or fees for flood insurance under the Na- the end and inserting ‘‘; and’’; and (e) RULE OF CONSTRUCTION.—Nothing in this tional Flood Insurance Act of 1968 in an escrow (E) by adding at the end the following: section or the amendments made by this section account on behalf of a borrower under subpara- ‘‘(5) adequate, on the basis of accepted actu- may be construed to affect the requirement graph (A) or (B), if— arial principles, to cover the average historical under section 2(c) of the Act entitled ‘‘An Act to ‘‘(i) the regulated lending institution has total loss year obligations incurred by the National extend the National Flood Insurance Program, assets of less than $1,000,000,000; and Flood Insurance Fund.’’; and and for other purposes’’, approved May 31, 2012 ‘‘(ii) on or before the date of enactment of the (3) by adding at the end the following: (Public Law 112–123), that the first increase in Biggert-Waters Flood Insurance Reform Act of ‘‘(i) RULE OF CONSTRUCTION.—For purposes of chargeable risk premium rates for residential 2012, the regulated lending institution— this section, the calculation of an ‘average his- properties which are not the primary residence ‘‘(I) in the case of a loan secured by residen- torical loss year’— of an individual take effect on July 1, 2012. tial improved real estate or a mobile home, was ‘‘(1) includes catastrophic loss years; and ‘‘(2) shall be computed in accordance with SEC. 100207. PREMIUM ADJUSTMENT. not required under Federal or State law to de- Section 1308 of the National Flood Insurance posit taxes, insurance premiums, fees, or any generally accepted actuarial principles.’’. Act of 1968 (42 U.S.C. 4015), as amended by sec- other charges in an escrow account for the en- SEC. 100212. RESERVE FUND. tion 100205, is further amended by adding at the tire term of the loan; and Chapter I of the National Flood Insurance Act end the following: ‘‘(II) did not have a policy of consistently and of 1968 (42 U.S.C. 4011 et seq.) is amended by in- ‘‘(h) PREMIUM ADJUSTMENT TO REFLECT CUR- uniformly requiring the deposit of taxes, insur- serting after section 1310 (42 U.S.C. 4017) the fol- RENT RISK OF FLOOD.—Notwithstanding sub- ance premiums, fees, or any other charges in an lowing: section (f), upon the effective date of any re- escrow account for loans secured by residential ‘‘SEC. 1310A. RESERVE FUND. vised or updated flood insurance rate map improved real estate or a mobile home.’’. ‘‘(a) ESTABLISHMENT OF RESERVE FUND.—In under this Act, the Flood Disaster Protection (b) APPLICABILITY.—The amendment made by carrying out the flood insurance program au- Act of 1973, or the Biggert-Waters Flood Insur- subsection (a) shall apply to any mortgage out- thorized by this chapter, the Administrator shall ance Reform Act of 2012, any property located standing or entered into on or after the expira- establish in the Treasury of the United States a in an area that is participating in the national tion of the 2-year period beginning on the date National Flood Insurance Reserve Fund (in this flood insurance program shall have the risk pre- of enactment of this Act. section referred to as the ‘Reserve Fund’) which mium rate charged for flood insurance on such SEC. 100210. MINIMUM DEDUCTIBLES FOR CLAIMS shall— property adjusted to accurately reflect the cur- UNDER THE NATIONAL FLOOD IN- ‘‘(1) be an account separate from any other rent risk of flood to such property, subject to SURANCE PROGRAM. accounts or funds available to the Adminis- any other provision of this Act. Any increase in Section 1312 of the National Flood Insurance trator; and the risk premium rate charged for flood insur- Act of 1968 (42 U.S.C. 4019) is amended— ‘‘(2) be available for meeting the expected fu- ance on any property that is covered by a flood (1) by striking ‘‘The Director is’’ and inserting ture obligations of the flood insurance program, insurance policy on the effective date of such an the following: including— update that is a result of such updating shall be ‘‘(a) IN GENERAL.—The Administrator is’’; and ‘‘(A) the payment of claims; phased in over a 5-year period, at the rate of 20 (2) by adding at the end the following: ‘‘(B) claims adjustment expenses; and percent for each year following such effective ‘‘(b) MINIMUM ANNUAL DEDUCTIBLE.— ‘‘(C) the repayment of amounts outstanding date. In the case of any area that was not pre- ‘‘(1) PRE-FIRM PROPERTIES.—For any struc- under any note or other obligation issued by the viously designated as an area having special ture which is covered by flood insurance under Administrator under section 1309(a). flood hazards and that, pursuant to any this title, and on which construction or substan- ‘‘(b) RESERVE RATIO.—Subject to the phase-in issuance, revision, updating, or other change in tial improvement occurred on or before Decem- requirements under subsection (d), the Reserve a flood insurance map, becomes designated as ber 31, 1974, or before the effective date of an Fund shall maintain a balance equal to— such an area, the chargeable risk premium rate initial flood insurance rate map published by ‘‘(1) 1 percent of the sum of the total potential for flood insurance under this title that is pur- the Administrator under section 1360 for the loss exposure of all outstanding flood insurance chased on or after the date of enactment of this area in which such structure is located, the min- policies in force in the prior fiscal year; or subsection with respect to any property that is imum annual deductible for damage to such ‘‘(2) such higher percentage as the Adminis- located within such area shall be phased in over structure shall be— trator determines to be appropriate, taking into a 5-year period, at the rate of 20 percent for ‘‘(A) $1,500, if the flood insurance coverage for consideration any circumstance that may raise each year following the effective date of such such structure covers loss of, or physical dam- a significant risk of substantial future losses to issuance, revision, updating, or change.’’. age to, such structure in an amount equal to or the Reserve Fund. SEC. 100208. ENFORCEMENT. less than $100,000; and ‘‘(c) MAINTENANCE OF RESERVE RATIO.— Section 102(f)(5) of the Flood Disaster Protec- ‘‘(B) $2,000, if the flood insurance coverage for ‘‘(1) IN GENERAL.—The Administrator shall tion Act of 1973 (42 U.S.C. 4012a(f)(5)) is amend- such structure covers loss of, or physical dam- have the authority to establish, increase, or deed— age to, such structure in an amount greater crease the amount of aggregate annual insur- (1) in the first sentence, by striking ‘‘$350’’ than $100,000. ance premiums to be collected for any fiscal year and inserting ‘‘$2,000’’; and ‘‘(2) POST-FIRM PROPERTIES.—For any struc- necessary— (2) by striking the second sentence. ture which is covered by flood insurance under ‘‘(A) to maintain the reserve ratio required SEC. 100209. ESCROW OF FLOOD INSURANCE PAY- this title, and on which construction or substan- under subsection (b); and MENTS. tial improvement occurred after December 31, ‘‘(B) to achieve such reserve ratio, if the ac- (a) IN GENERAL.—Paragraph (1) of section 1974, or after the effective date of an initial tual balance of such reserve is below the amount 102(d) of the Flood Disaster Protection Act of flood insurance rate map published by the Ad- required under subsection (b).

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‘‘(2) CONSIDERATIONS.—In exercising the au- funds are borrowed, and continuing every 6 (xii) a member of a recognized floodplain man- thority granted under paragraph (1), the Ad- months thereafter until such borrowed funds are agement association or organization; ministrator shall consider— fully repaid, shall submit a report on the (xiii) a member of a recognized risk manage- ‘‘(A) the expected operating expenses of the progress of such repayment to— ment association or organization; and Reserve Fund; ‘‘(1) the Secretary of the Treasury; (xiv) a State mitigation officer. ‘‘(B) the insurance loss expenditures under ‘‘(2) the Committee on Banking, Housing, and (2) QUALIFICATIONS.—Members of the Council the flood insurance program; Urban Affairs of the Senate; and shall be appointed based on their demonstrated ‘‘(C) any investment income generated under ‘‘(3) the Committee on Financial Services of knowledge and competence regarding surveying, the flood insurance program; and the House of Representatives.’’. cartography, remote sensing, geographic infor- ‘‘(D) any other factor that the Administrator (b) REPORT.—Not later than the expiration of mation systems, or the technical aspects of pre- determines appropriate. the 6-month period beginning on the date of en- paring and using flood insurance rate maps. In ‘‘(3) LIMITATIONS.— actment of this Act, the Administrator shall sub- appointing members under paragraph (1)(E), the ‘‘(A) RATES.—In exercising the authority mit a report to the Congress setting forth op- Administrator shall, to the maximum extent granted under paragraph (1), the Administrator tions for repaying within 10 years all amounts, practicable, ensure that the membership of the shall be subject to all other provisions of this including any amounts previously borrowed but Council has a balance of Federal, State, local, Act, including any provisions relating to not yet repaid, owed pursuant to clause (2) of tribal, and private members, and includes geo- chargeable premium rates or annual increases of subsection (a) of section 1309 of the National graphic diversity, including representation from such rates. Flood Insurance Act of 1968 (42 U.S.C. areas with coastline on the Gulf of Mexico and ‘‘(B) USE OF ADDITIONAL ANNUAL INSURANCE 4016(a)(2)). other States containing areas identified by the PREMIUMS.—Notwithstanding any other provi- SEC. 100214. PAYMENT OF CONDOMINIUM CLAIMS. Administrator as at high risk for flooding or as sion of law or any agreement entered into by the Section 1312 of the National Flood Insurance areas having special flood hazards. Administrator, the Administrator shall ensure Act of 1968 (42 U.S.C. 4019), as amended by sec- (c) DUTIES.—The Council shall— that all amounts attributable to the establish- (1) recommend to the Administrator how to tion 100210, is amended by adding at the end the ment or increase of annual insurance premiums improve in a cost-effective manner the— following: under paragraph (1) are transferred to the Ad- (A) accuracy, general quality, ease of use, ‘‘(c) PAYMENT OF CLAIMS TO CONDOMINIUM ministrator for deposit into the Reserve Fund, to and distribution and dissemination of flood in- OWNERS.—The Administrator may not deny surance rate maps and risk data; and be available for meeting the expected future ob- payment for any damage to or loss of property ligations of the flood insurance program as de- (B) performance metrics and milestones re- which is covered by flood insurance to condo- quired to effectively and efficiently map flood scribed in subsection (a)(2). minium owners who purchased such flood insur- ‘‘(d) PHASE-IN REQUIREMENTS.—The phase-in risk areas in the United States; ance separate and apart from the flood insur- requirements under this subsection are as fol- (2) recommend to the Administrator mapping ance purchased by the condominium association lows: standards and guidelines for— in which such owner is a member, based solely, ‘‘(1) IN GENERAL.—Beginning in fiscal year (A) flood insurance rate maps; and or in any part, on the flood insurance coverage 2013 and not ending until the fiscal year in (B) data accuracy, data quality, data cur- of the condominium association or others on the which the ratio required under subsection (b) is rency, and data eligibility; overall property owned by the condominium as- achieved, in each such fiscal year the Adminis- (3) recommend to the Administrator how to sociation.’’. trator shall place in the Reserve Fund an maintain, on an ongoing basis, flood insurance amount equal to not less than 7.5 percent of the SEC. 100215. TECHNICAL MAPPING ADVISORY rate maps and flood risk identification; reserve ratio required under subsection (b). COUNCIL. (4) recommend procedures for delegating map- ‘‘(2) AMOUNT SATISFIED.—As soon as the ratio (a) ESTABLISHMENT.—There is established a ping activities to State and local mapping part- required under subsection (b) is achieved, and council to be known as the Technical Mapping ners; except as provided in paragraph (3), the Admin- Advisory Council (in this section referred to as (5) recommend to the Administrator and other istrator shall not be required to set aside any the ‘‘Council’’). Federal agencies participating in the Council— (A) methods for improving interagency and amounts for the Reserve Fund. (b) MEMBERSHIP.— intergovernmental coordination on flood map- ‘‘(3) EXCEPTION.—If at any time after the (1) IN GENERAL.—The Council shall consist ping and flood risk determination; and ratio required under subsection (b) is achieved, of— (B) a funding strategy to leverage and coordi- the Reserve Fund falls below the required ratio (A) the Administrator (or the designee there- nate budgets and expenditures across Federal under subsection (b), the Administrator shall of); (B) the Secretary of the Interior (or the des- agencies; and place in the Reserve Fund for that fiscal year (6) submit an annual report to the Adminis- an amount equal to not less than 7.5 percent of ignee thereof); (C) the Secretary of Agriculture (or the des- trator that contains— the reserve ratio required under subsection (b). (A) a description of the activities of the Coun- ‘‘(e) LIMITATION ON RESERVE RATIO.—In any ignee thereof); (D) the Under Secretary of Commerce for cil; given fiscal year, if the Administrator deter- (B) an evaluation of the status and perform- mines that the reserve ratio required under sub- Oceans and Atmosphere (or the designee thereof); and ance of flood insurance rate maps and mapping section (b) cannot be achieved, the Adminis- activities to revise and update flood insurance trator shall submit a report to Congress that— (E) 16 additional members appointed by the Administrator or the designee of the Adminis- rate maps, as required under section 100216; and ‘‘(1) describes and details the specific concerns (C) a summary of recommendations made by trator, who shall be— of the Administrator regarding the consequences the Council to the Administrator. (i) a member of a recognized professional sur- of the reserve ratio not being achieved; (d) FUTURE CONDITIONS RISK ASSESSMENT AND veying association or organization; ‘‘(2) demonstrates how such consequences MODELING REPORT.— (ii) a member of a recognized professional would harm the long-term financial soundness (1) IN GENERAL.—The Council shall consult of the flood insurance program; and mapping association or organization; with scientists and technical experts, other Fed- ‘‘(3) indicates the maximum attainable reserve (iii) a member of a recognized professional en- eral agencies, States, and local communities to— ratio for that particular fiscal year. gineering association or organization; (A) develop recommendations on how to— ‘‘(f) INVESTMENT.—The Secretary of the Treas- (iv) a member of a recognized professional as- (i) ensure that flood insurance rate maps in- ury shall invest such amounts of the Reserve sociation or organization representing flood corporate the best available climate science to Fund as the Secretary determines advisable in hazard determination firms; assess flood risks; and obligations issued or guaranteed by the United (v) a representative of the United States Geo- (ii) ensure that the Federal Emergency Man- States.’’. logical Survey; agement Agency uses the best available method- SEC. 100213. REPAYMENT PLAN FOR BORROWING (vi) a representative of a recognized profes- ology to consider the impact of— AUTHORITY. sional association or organization representing (I) the rise in the sea level; and (a) REPAYMENT PLAN REQUIRED.—Section 1309 State geographic information; (II) future development on flood risk; and of the National Flood Insurance Act of 1968 (42 (vii) a representative of State national flood (B) not later than 1 year after the date of en- U.S.C. 4016) is amended by adding at the end insurance coordination offices; actment of this Act, prepare written rec- the following: (viii) a representative of the Corps of Engi- ommendations in a future conditions risk assess- ‘‘(c) Upon the exercise of the authority estab- neers; ment and modeling report and to submit such lished under subsection (a), the Administrator (ix) a member of a recognized regional flood recommendations to the Administrator. shall transmit a schedule for repayment of such and storm water management organization; (2) RESPONSIBILITY OF THE ADMINISTRATOR.— amounts to— (x) 2 representatives of different State govern- The Administrator, as part of the ongoing pro- ‘‘(1) the Secretary of the Treasury; ment agencies that have entered into cooper- gram to review and update National Flood In- ‘‘(2) the Committee on Banking, Housing, and ating technical partnerships with the Adminis- surance Program rate maps under section Urban Affairs of the Senate; and trator and have demonstrated the capability to 100216, shall incorporate any future risk assess- ‘‘(3) the Committee on Financial Services of produce flood insurance rate maps; ment submitted under paragraph (1)(B) in any the House of Representatives. (xi) 2 representatives of different local govern- such revision or update. ‘‘(d) In connection with any funds borrowed ment agencies that have entered into cooper- (e) CHAIRPERSON.—The members of the Coun- by the Administrator under the authority estab- ating technical partnerships with the Adminis- cil shall elect 1 member to serve as the chair- lished in subsection (a), the Administrator, be- trator and have demonstrated the capability to person of the Council (in this section referred to ginning 6 months after the date on which such produce flood insurance maps; as the ‘‘Chairperson’’).

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(f) COORDINATION.—To ensure that the Coun- (C) use, in identifying, reviewing, updating, (C) upon the issuance of any proposed map cil’s recommendations are consistent, to the maintaining, or publishing any National Flood and any notice of an opportunity to make an maximum extent practicable, with national dig- Insurance Program rate map required under this appeal relating to the proposed map, notify the ital spatial data collection and management section or under the National Flood Insurance Senators for each State affected and each Mem- standards, the Chairperson shall consult with Act of 1968 (42 U.S.C. 4011 et seq.), the most ac- ber of the House of Representatives for each the Chairperson of the Federal Geographic Data curate topography and elevation data available. congressional district affected by the proposed Committee (established pursuant to Office of (2) MAPPING ELEMENTS.—Each map updated map of any action taken by the Administrator Management and Budget Circular A–16). under this section shall— with respect to the proposed map or an appeal (g) COMPENSATION.—Members of the Council (A) assess the accuracy of current ground ele- relating to the proposed map. shall receive no additional compensation by rea- vation data used for hydrologic and hydraulic (2) REQUIRED ACTIVITIES.—The communica- son of their service on the Council. modeling of flooding sources and mapping of the tion and outreach activities required under (h) MEETINGS AND ACTIONS.— flood hazard and wherever necessary acquire paragraph (1) shall include— (1) IN GENERAL.—The Council shall meet not new ground elevation data utilizing the most (A) notifying property owners when their less frequently than twice each year at the re- up-to-date geospatial technologies in accord- properties become included in, or when they are quest of the Chairperson or a majority of its ance with guidelines and specifications of the excluded from, an area covered by the manda- members, and may take action by a vote of the Federal Emergency Management Agency; and tory flood insurance purchase requirement majority of the members. (B) develop National Flood Insurance Pro- under section 102 of the Flood Disaster Protec- (2) INITIAL MEETING.—The Administrator, or a gram flood data on a watershed basis— tion Act of 1973 (42 U.S.C. 4012a); person designated by the Administrator, shall (i) to provide the most technically effective (B) educating property owners regarding the request and coordinate the initial meeting of the and efficient studies and hydrologic and hy- flood risk and reduction of this risk in their Council. draulic modeling; and community, including the continued flood risks (i) OFFICERS.—The Chairperson may appoint (ii) to eliminate, to the maximum extent pos- to areas that are no longer subject to the flood officers to assist in carrying out the duties of sible, discrepancies in base flood elevations be- insurance mandatory purchase requirement; the Council under subsection (c). tween adjacent political subdivisions. (C) educating property owners regarding the (j) STAFF.— (3) OTHER INCLUSIONS.—In updating maps benefits and costs of maintaining or acquiring (1) STAFF OF FEMA.—Upon the request of the under this section, the Administrator shall in- flood insurance, including, where applicable, Chairperson, the Administrator may detail, on a clude— lower-cost preferred risk policies under the Na- nonreimbursable basis, personnel of the Federal (A) any relevant information on coastal inun- tional Flood Insurance Act of 1968 (42 U.S.C. Emergency Management Agency to assist the dation from— 4011 et seq.) for such properties and the contents Council in carrying out its duties. (i) an applicable inundation map of the Corps of such properties; (2) STAFF OF OTHER FEDERAL AGENCIES.— of Engineers; and (D) educating property owners about flood Upon request of the Chairperson, any other (ii) data of the National Oceanic and Atmos- map revisions and the process available to such Federal agency that is a member of the Council pheric Administration relating to storm surge owners to appeal proposed changes in flood ele- may detail, on a nonreimbursable basis, per- modeling; vations through their community, including by sonnel to assist the Council in carrying out its (B) any relevant information of the United notifying local radio and television stations; duties. States Geological Survey on stream flows, water- and (k) POWERS.—In carrying out this section, the shed characteristics, and topography that is (E) encouraging property owners to maintain Council may hold hearings, receive evidence and useful in the identification of flood hazard or acquire flood insurance coverage. assistance, provide information, and conduct re- areas, as determined by the Administrator; (e) COMMUNITY REMAPPING REQUEST.—Upon search, as it considers appropriate. (C) any relevant information on land subsid- the adoption by the Administrator of any rec- (l) REPORT TO CONGRESS.—The Administrator, ence, coastal erosion areas, changing lake lev- ommendation by the Technical Mapping Advi- on an annual basis, shall report to the Com- els, and other flood-related hazards; sory Council for reviewing, updating, or main- mittee on Banking, Housing, and Urban Affairs (D) any relevant information or data of the taining National Flood Insurance Program rate of the Senate, the Committee on Financial Serv- National Oceanic and Atmospheric Administra- maps in accordance with this section, a commu- ices of the House of Representatives, and the tion and the United States Geological Survey re- nity that believes that its flood insurance rates Office of Management and Budget on the— lating to the best available science regarding fu- in effect prior to adoption would be affected by (1) recommendations made by the Council; ture changes in sea levels, precipitation, and in- the adoption of such recommendation may sub- (2) actions taken by the Federal Emergency tensity of hurricanes; and mit a request for an update of its rate maps, Management Agency to address such rec- (E) any other relevant information as may be which may be considered at the Administrator’s ommendations to improve flood insurance rate recommended by the Technical Mapping Advi- sole discretion. The Administrator shall estab- maps and flood risk data; and sory Committee. lish a protocol for the evaluation of such com- (3) any recommendations made by the Council (c) STANDARDS.—In updating and maintaining munity map update requests. that have been deferred or not acted upon, to- maps under this section, the Administrator (f) AUTHORIZATION OF APPROPRIATIONS.— gether with an explanatory statement. shall— There is authorized to be appropriated to the SEC. 100216. NATIONAL FLOOD MAPPING PRO- (1) establish standards to— Administrator to carry out this section GRAM. (A) ensure that maps are adequate for— $400,000,000 for each of fiscal years 2013 through (a) REVIEWING, UPDATING, AND MAINTAINING (i) flood risk determinations; and 2017. MAPS.—The Administrator, in coordination with (ii) use by State and local governments in the Technical Mapping Advisory Council estab- managing development to reduce the risk of SEC. 100217. SCOPE OF APPEALS. lished under section 100215, shall establish an flooding; and Section 1363 of the National Flood Insurance ongoing program under which the Administrator (B) facilitate identification and use of con- Act of 1968 (42 U.S.C. 4104) is amended— sistent methods of data collection and analysis (1) in subsection (a)— shall review, update, and maintain National (A) by inserting ‘‘and designating areas hav- by the Administrator, in conjunction with State Flood Insurance Program rate maps in according special flood hazards’’ after ‘‘flood ele- and local governments, in developing maps for ance with this section. vations’’; and communities with similar flood risks, as deter- (b) MAPPING.— (B) by striking ‘‘such determinations’’ and in- (1) IN GENERAL.—In carrying out the program mined by the Administrator; and serting ‘‘such determinations and designations’’; established under subsection (a), the Adminis- (2) publish maps in a format that is— and trator shall— (A) digital geospatial data compliant; (B) compliant with the open publishing and (2) in subsection (b)— (A) identify, review, update, maintain, and (A) in the first sentence, by inserting ‘‘and data exchange standards established by the publish National Flood Insurance Program rate designations of areas having special flood haz- Open Geospatial Consortium; and maps with respect to— ards’’ after ‘‘flood elevation determinations’’; (i) all populated areas and areas of possible (C) aligned with official data defined by the and National Geodetic Survey. population growth located within the 100-year (B) by amending the third sentence to read as (d) COMMUNICATION AND OUTREACH.— floodplain; follows: ‘‘The sole grounds for appeal shall be (ii) all populated areas and areas of possible (1) IN GENERAL.—The Administrator shall— the possession of knowledge or information indi- population growth located within the 500-year (A) work to enhance communication and out- cating that (1) the elevations being proposed by floodplain; reach to States, local communities, and property (iii) areas of residual risk, including areas owners about the effects— the Administrator with respect to an identified that are protected by levees, dams, and other (i) of any potential changes to National Flood area having special flood hazards are scientif- flood control structures; Insurance Program rate maps that may result ically or technically incorrect, or (2) the des- (iv) areas that could be inundated as a result from the mapping program required under this ignation of an identified special flood hazard of the failure of a levee, dam, or other flood con- section; and area is scientifically or technically incorrect.’’. trol structure; and (ii) that any such changes may have on flood SEC. 100218. SCIENTIFIC RESOLUTION PANEL. (v) the level of protection provided by flood insurance purchase requirements; (a) ESTABLISHMENT.—Chapter III of the Na- control structures; (B) engage with local communities to enhance tional Flood Insurance Act of 1968 (42 U.S.C. (B) establish or update flood-risk zone data in communication and outreach to the residents of 4101 et seq.) is amended by inserting after sec- all such areas, and make estimates with respect such communities, including tenants (with re- tion 1363 (42 U.S.C. 4104) the following: to the rates of probable flood caused loss for the gard to contents insurance), on the matters de- ‘‘SEC. 1363A. SCIENTIFIC RESOLUTION PANEL. various flood risk zones for each such area; and scribed under subparagraph (A); and ‘‘(a) AVAILABILITY.—

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‘‘(1) IN GENERAL.—Pursuant to the authority ‘‘(A) BINDING.—The recommendations of the (A) contains an interagency budget crosscut provided under section 1363(e), the Adminis- Scientific Resolution Panel shall be binding on report that displays relevant sections of the trator shall make available an independent re- all appellants and not subject to further judicial budget proposed for each of the Federal agen- view panel, to be known as the Scientific Reso- review unless the Administrator determines that cies working on flood risk determination data lution Panel, to any community— implementing the determination of the panel and digital elevation models, including any ‘‘(A) that has— would— planned interagency or intra-agency transfers; ‘‘(i) filed a timely map appeal in accordance ‘‘(i) pose a significant threat due to failure to and with section 1363; identify a substantial risk of special flood haz- (B) describes how the efforts aligned with ‘‘(ii) completed 60 days of consultation with ards; or such sections complement one another. the Federal Emergency Management Agency on ‘‘(ii) violate applicable law. (b) DUTIES OF THE ADMINISTRATOR.—In car- the appeal; and ‘‘(B) WRITTEN JUSTIFICATION NOT TO EN- rying out sections 100215 and 100216, the Admin- ‘‘(iii) not allowed more than 120 days, or such FORCE.—If the Administrator elects not to imple- istrator shall— longer period as may be provided by the Admin- ment the determination of the Scientific Resolu- (1) participate, pursuant to section 216 of the istrator by waiver, to pass since the end of the tion Panel pursuant to subparagraph (A), then E–Government Act of 2002 (44 U.S.C. 3501 note), appeal period; or not later than 60 days after the issuance of the in the establishment of such standards and com- ‘‘(B) that has received an unsatisfactory rul- determination, the Administrator shall issue a mon protocols as are necessary to assure the ing under the map revision process established written justification explaining such election. interoperability of geospatial data for all users pursuant to section 1360(f). ‘‘(C) APPEAL OF DETERMINATION NOT TO EN- of such information; ‘‘(2) APPEALS BY OWNERS AND LESSEES.—If a FORCE.—If the Administrator elects not to imple- (2) coordinate with, seek assistance and co- community and an owner or lessee of real prop- ment the determination of the Scientific Resolu- operation of, and provide a liaison to the Fed- erty within the community appeal a proposed tion Panel pursuant to subparagraph (A), the eral Geographic Data Committee pursuant to determination of a flood elevation under section community may appeal the determination of the the Office of Management and Budget Circular 1363(b), upon the request of the community— Administrator as provided for under section A–16 and Executive Order 12906 (43 U.S.C. 1457 ‘‘(A) the owner or lessee shall submit scientific 1363(g). note; relating to the National Spatial Data In- and technical data relating to the appeals to the ‘‘(d) MAPS USED FOR INSURANCE AND MANDA- frastructure) for the implementation of and com- Scientific Resolution Panel; and TORY PURCHASE REQUIREMENTS.—With respect pliance with such standards; ‘‘(B) the Scientific Resolution Panel shall to any community that has a dispute that is make a determination with respect to the ap- being considered by the Scientific Resolution (3) integrate with, leverage, and coordinate peals in accordance with subsection (c). Panel formed pursuant to this subsection, the funding of, to the maximum extent practicable, ‘‘(3) DEFINITION.—For purposes of paragraph Federal Emergency Management Agency shall the current flood mapping activities of each unit (1)(B), an ‘unsatisfactory ruling’ means that a ensure that for each such community that— of State and local government; community— ‘‘(1) the Flood Insurance Rate Map described (4) integrate with, leverage, and coordinate, to ‘‘(A) received a revised Flood Insurance Rate in the most recently issued Letter of Final De- the maximum extent practicable, the current Map from the Federal Emergency Management termination shall be in force and effect with re- geospatial activities of other Federal agencies Agency, via a Letter of Final Determination, spect to such community; and and units of State and local government; and after September 30, 2008, and prior to the date of ‘‘(2) flood insurance shall continue to be made (5) develop a funding strategy to leverage and enactment of this section; available to the property owners and residents coordinate budgets and expenditures, and to ‘‘(B) has subsequently applied for a Letter of of the participating community.’’. maintain or establish joint funding and other Map Revision or Physical Map Revision with (b) CONFORMING AMENDMENTS.— agreement mechanisms with other Federal agen- the Federal Emergency Management Agency; (1) ADMINISTRATIVE REVIEW.—Section 1363(e) cies and units of State and local government to and of the National Flood Insurance Act of 1968 (42 share in the collection and utilization of ‘‘(C) has received an unfavorable ruling on U.S.C. 4104(e)) is amended, in the second sen- geospatial data among all governmental users. their request for a map revision. tence, by striking ‘‘an independent scientific SEC. 100221. INTERAGENCY COORDINATION ‘‘(b) MEMBERSHIP.—The Scientific Resolution body or appropriate Federal agency for advice’’ STUDY. Panel made available under subsection (a) shall and inserting ‘‘the Scientific Resolution Panel consist of 5 members with expertise that relates (a) IN GENERAL.—The Administrator shall provided for in section 1363A’’. to the creation and study of flood hazard maps enter into a contract with the National Acad- (2) JUDICIAL REVIEW.—The first sentence of and flood insurance. The Scientific Resolution emy of Public Administration to conduct a study section 1363(g) of the National Flood Insurance Panel may include representatives from Federal on how the Federal Emergency Management Act of 1968 (42 U.S.C. 4104(g)) is amended by agencies not involved in the mapping study in Agency— striking ‘‘Any appellant’’ and inserting ‘‘Except question and from other impartial experts. Em- (1) should improve interagency and intergov- as provided in section 1363A, any appellant’’. ployees of the Federal Emergency Management ernmental coordination on flood mapping, in- Agency may not serve on the Scientific Resolu- SEC. 100219. REMOVAL OF LIMITATION ON STATE cluding a funding strategy to leverage and co- CONTRIBUTIONS FOR UPDATING ordinate budgets and expenditures; and tion Panel. FLOOD MAPS. ‘‘(c) DETERMINATION.— (2) can establish joint funding mechanisms Section 1360(f)(2) of the National Flood Insur- ‘‘(1) IN GENERAL.—Following deliberations, with other Federal agencies and units of State ance Act of 1968 (42 U.S.C. 4101(f)(2)) is amend- and not later than 90 days after its formation, and local government to share the collection ed by striking ‘‘, but which may not exceed 50 the Scientific Resolution Panel shall issue a de- and utilization of data among all governmental percent of the cost of carrying out the requested termination of resolution of the dispute. Such users. revision or update’’. determination shall set forth recommendations (b) TIMING.—A contract entered into under for the base flood elevation determination or the SEC. 100220. COORDINATION. subsection (a) shall require that, not later than designation of an area having special flood haz- (a) INTERAGENCY BUDGET CROSSCUT AND CO- 180 days after the date of enactment of this sub- ards that shall be reflected in the Flood Insur- ORDINATION REPORT.— title, the National Academy of Public Adminis- ance Rate Maps. (1) IN GENERAL.—The Secretary of Homeland tration shall report the findings of the study re- ‘‘(2) BASIS.—The determination of the Sci- Security, the Administrator, the Director of the quired under subsection (a) to— entific Resolution Panel shall be based on— Office of Management and Budget, and the (1) the Committee on Banking, Housing, and ‘‘(A) data previously provided to the Adminis- heads of each Federal department or agency Urban Affairs of the Senate; trator by the community, and, in the case of a carrying out activities under sections 100215 and (2) the Committee on Financial Services of the dispute submitted under subsection (a)(2), an 100216 shall work together to ensure that flood House of Representatives; risk determination data and geospatial data are owner or lessee of real property in the commu- (3) the Committee on Appropriations of the shared among Federal agencies in order to co- nity; and Senate; and ordinate the efforts of the Nation to reduce its ‘‘(B) data provided by the Administrator. (4) the Committee on Appropriations of the ‘‘(3) NO ALTERNATIVE DETERMINATIONS PER- vulnerability to flooding hazards. House of Representatives. MISSIBLE.—The Scientific Resolution Panel— (2) REPORT.—Not later than 30 days after the ‘‘(A) shall provide a determination of resolu- submission of the budget of the United States SEC. 100222. NOTICE OF FLOOD INSURANCE tion of a dispute that— Government by the President to Congress, the AVAILABILITY UNDER RESPA. ‘‘(i) is either in favor of the Administrator or Director of the Office of Management and Section 5(b) of the Real Estate Settlement Pro- in favor of the community on each distinct ele- Budget, in coordination with the Federal Emer- cedures Act of 1974 (12 U.S.C. 2604(b)), as ment of the dispute; or gency Management Agency, the United States amended by section 1450 of the Dodd-Frank ‘‘(ii) in the case of a dispute submitted under Geological Survey, the National Oceanic and Wall Street Reform and Consumer Protection subsection (a)(2), is in favor of the Adminis- Atmospheric Administration, the Corps of Engi- Act (Public Law 111–203; 124 Stat. 2174), is trator, in favor of the community, or in favor of neers, and other Federal agencies, as appro- amended by adding at the end the following: the owner or lessee of real property in the com- priate, shall submit to the appropriate author- ‘‘(14) An explanation of flood insurance and munity on each distinct element of the dispute; izing and appropriating committees of the Sen- the availability of flood insurance under the and ate and the House of Representatives an inter- National Flood Insurance Program or from a ‘‘(B) may not offer as a resolution any other agency budget crosscut and coordination report, private insurance company, whether or not the alternative determination. certified by the Secretary or head of each such real estate is located in an area having special ‘‘(4) EFFECT OF DETERMINATION.— agency, that— flood hazards.’’.

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00408 Fmt 4634 Sfmt 6333 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE June 28, 2012 CONGRESSIONAL RECORD — HOUSE H4567 SEC. 100223. PARTICIPATION IN STATE DISASTER ‘‘(2) affect the rights or obligations of the par- be reimbursed for selling, writing, and servicing CLAIMS MEDIATION PROGRAMS. ties, as established— flood insurance policies and adjusting flood in- Chapter I of the National Flood Insurance Act ‘‘(A) in any regulation issued by the Adminis- surance claims on behalf of the National Flood of 1968 (42 U.S.C. 4011 et seq.) is amended by in- trator, including any regulation relating to a Insurance Program. The methodology shall be serting after section 1313 (42 U.S.C. 4020) the fol- standard flood insurance policy; developed using actual expense data for the lowing: ‘‘(B) under this title; and flood insurance line and can be derived from— ‘‘SEC. 1314. PARTICIPATION IN STATE DISASTER ‘‘(C) under any other provision of Federal (1) flood insurance expense data produced by CLAIMS MEDIATION PROGRAMS. law. the property and casualty insurance companies; ‘‘(a) REQUIREMENT TO PARTICIPATE.—In the ‘‘(g) EXCLUSIVE FEDERAL JURISDICTION.—Par- (2) flood insurance expense data collected by case of the occurrence of a major disaster, as de- ticipation in State-sponsored mediation shall the National Association of Insurance Commis- fined in section 102 of the Robert T. Stafford not alter, change, or modify the original exclu- sioners; or Disaster Relief and Emergency Assistance Act sive jurisdiction of United States courts, as set (3) a combination of the methodologies de- (42 U.S.C. 5122), that may have resulted in flood forth in this title. scribed in paragraphs (1) and (2). damage covered under the national flood insur- ‘‘(h) COST LIMITATION.—Nothing in this sec- (c) SUBMISSION OF EXPENSE REPORTS.—To de- ance program established under this title and tion shall be construed to require the Adminis- velop the methodology established under sub- other personal lines residential property insur- trator or a representative of the Administrator section (b), the Administrator may require each ance coverage offered by a State regulated in- to pay additional mediation fees relating to property and casualty insurance company par- surer, upon a request made by the insurance flood insurance claims associated with a State- ticipating in the Write Your Own program to commissioner of a State (or such other official sponsored mediation program in which such submit a report to the Administrator, in a for- responsible for regulating the business of insur- representative of the Administrator participates. mat determined by the Administrator and within ance in the State) for the participation of rep- ‘‘(i) EXCEPTION.—In the case of the occur- 60 days of the request, that details the expense resentatives of the Administrator in a program rence of a major disaster that results in flood levels of each such company for selling, writing, sponsored by such State for nonbinding medi- damage claims under the national flood insur- and servicing standard flood insurance policies ation of insurance claims resulting from a major ance program and that does not result in any and adjusting and servicing claims. loss covered by a personal lines residential prop- disaster, the Administrator shall cause rep- (d) FEMA RULEMAKING ON REIMBURSEMENT erty insurance policy— resentatives of the national flood insurance pro- OF EXPENSES UNDER THE WRITE YOUR OWN ‘‘(1) this section shall not apply; and gram to participate in such a State program PROGRAM.—Not later than 12 months after the ‘‘(2) the provisions of the standard flood in- where claims under the national flood insurance date of enactment of this Act, the Administrator surance policy under the national flood insur- program are involved to expedite settlement of shall issue a rule to formulate revised expense ance program and the appeals process estab- flood damage claims resulting from such dis- reimbursements to property and casualty insur- lished under section 205 of the Bunning-Bereu- aster. ance companies participating in the Write Your ter-Blumenauer Flood Insurance Reform Act of ‘‘(b) EXTENT OF PARTICIPATION.—In satisfying Own program for their expenses (including their 2004 (42 U.S.C. 4011 note) and the regulations the requirements of subsection (a), the Adminis- operating and administrative expenses for ad- issued pursuant to such section shall apply ex- trator shall require that each representative of justment of claims) in selling, writing, and serv- clusively. the Administrator— icing standard flood insurance policies, includ- ‘‘(j) REPRESENTATIVES OF THE ADMINIS- ‘‘(1) be certified for purposes of the national ing how such companies shall be reimbursed in TRATOR.—For purposes of this section, the term flood insurance program to settle claims against both catastrophic and noncatastrophic years. ‘representatives of the Administrator’ means such program resulting from such disaster in Such reimbursements shall be structured to en- representatives of the national flood insurance amounts up to the limits of policies under such sure reimbursements track the actual expenses, program who participate in the appeals process program; including standard business costs and operating established under section 205 of the Bunning- ‘‘(2) attend State-sponsored mediation meet- expenses, of such companies as closely as prac- Bereuter-Blumenauer Flood Insurance Reform ings regarding flood insurance claims resulting ticably possible. from such disaster at such times and places as Act of 2004 (42 U.S.C. 4011 note).’’. (e) REPORT OF THE ADMINISTRATOR.—Not later may be arranged by the State; SEC. 100224. OVERSIGHT AND EXPENSE REIM- than 60 days after the effective date of the final ‘‘(3) participate in good-faith negotiations to- BURSEMENTS OF INSURANCE COM- rule issued pursuant to subsection (d), the Ad- ward the settlement of such claims with policy- PANIES. ministrator shall submit to the Committee on holders of coverage made available under the (a) SUBMISSION OF BIENNIAL REPORTS.— Banking, Housing, and Urban Affairs of the national flood insurance program; and (1) TO THE ADMINISTRATOR.—Not later than 20 Senate and the Committee on Financial Services ‘‘(4) finalize the settlement of such claims on days after the date of enactment of this Act, of the House of Representatives a report con- behalf of the national flood insurance program each property and casualty insurance company taining— with such policyholders. participating in the Write Your Own program (1) the specific rationale and purposes of such ‘‘(c) COORDINATION.—Representatives of the shall submit to the Administrator any biennial Administrator shall at all times coordinate their report required by the Federal Emergency Man- rule; activities with insurance officials of the State agement Agency to be prepared in the prior 5 (2) the reasons for the adoption of the policies and representatives of insurers for the purposes years by such company. contained in such rule; and of consolidating and expediting settlement of (2) TO GAO.—Not later than 10 days after the (3) the degree to which such rule accurately claims under the national flood insurance pro- submission of the biennial reports under para- represents the true operating costs and expenses gram resulting from such disaster. graph (1), the Administrator shall submit all of property and casualty insurance companies ‘‘(d) QUALIFICATIONS OF MEDIATORS.—Each such reports to the Comptroller General of the participating in the Write Your Own program. State mediator participating in State-sponsored United States. (f) GAO STUDY AND REPORT ON EXPENSES OF mediation under this section shall be— (3) NOTICE TO CONGRESS OF FAILURE TO COM- WRITE YOUR OWN PROGRAM.— ‘‘(1)(A) a member in good standing of the PLY.—The Administrator shall notify and report (1) STUDY.—Not later than 180 days after the State bar in the State in which the mediation is to the Committee on Banking, Housing, and effective date of the final rule issued pursuant to occur with at least 2 years of practical experi- Urban Affairs of the Senate and the Committee to subsection (d), the Comptroller General of the ence; and on Financial Services of the House of Represent- United States shall— ‘‘(B) an active member of such bar for at least atives on any property and casualty insurance (A) conduct a study on the efficacy, ade- 1 year prior to the year in which such medi- company participating in the Write Your Own quacy, and sufficiency of the final rules issued ator’s participation is sought; or program that failed to submit its biennial re- pursuant to subsection (d); and ‘‘(2) a retired trial judge from any United ports as required under paragraph (1). (B) report to the Committee on Banking, States jurisdiction who was a member in good (4) FAILURE TO COMPLY.—A property and cas- Housing, and Urban Affairs of the Senate and standing of the bar in the State in which the ualty insurance company participating in the the Committee on Financial Services of the judge presided for at least 5 years prior to the Write Your Own program which fails to comply House of Representatives on the findings of the year in which such mediator’s participation is with the reporting requirement under this sub- study conducted under subparagraph (A). sought. section or the requirement under section (2) GAO AUTHORITY.—In conducting the study ‘‘(e) MEDIATION PROCEEDINGS AND DOCU- 62.23(j)(1) of title 44, Code of Federal Regula- and report required under paragraph (1), the MENTS PRIVILEGED.—As a condition of partici- tions (relating to biennial audit of the flood in- Comptroller General— pation, all statements made and documents pro- surance financial statements) shall be subject to (A) may use any previous findings, studies, or duced pursuant to State-sponsored mediation a civil penalty in an amount of not more than reports that the Comptroller General previously involving representatives of the Administrator $1,000 per day for each day that the company completed on the Write Your Own program; shall be deemed privileged and confidential set- remains in noncompliance with either such re- (B) shall determine if— tlement negotiations made in anticipation of liti- quirement. (i) the final rule issued pursuant to subsection gation. (b) METHODOLOGY TO DETERMINE REIM- (d) allows the Federal Emergency Management ‘‘(f) LIABILITY, RIGHTS, OR OBLIGATIONS NOT BURSED EXPENSES.—Not later than 180 days Agency to access adequate information regard- AFFECTED.—Participation in State-sponsored after the date of enactment of this Act, the Ad- ing the actual expenses of property and cas- mediation, as described in this section does ministrator shall develop a methodology for de- ualty insurance companies participating in the not— termining the appropriate amounts that prop- Write Your Own program; and ‘‘(1) affect or expand the liability of any party erty and casualty insurance companies partici- (ii) the actual reimbursements paid out under in contract or in tort; or pating in the Write Your Own program should the final rule issued pursuant to subsection (d)

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00409 Fmt 4634 Sfmt 6333 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H4568 CONGRESSIONAL RECORD — HOUSE June 28, 2012 accurately reflect the expenses reported by prop- (iv) by inserting after subparagraph (C) the shall be made available for grants under this erty and casualty insurance companies partici- following new subparagraph: section. pating in the Write Your Own program, includ- ‘‘(D) elevation, relocation, or floodproofing of ‘‘(h) DEFINITIONS.—For purposes of this sec- ing the standard business costs and operating utilities (including equipment that serves struction, the following definitions shall apply: expenses of such companies; and tures);’’; ‘‘(1) COMMUNITY.—The term ‘community’ (C) shall analyze the effect of the final rule (v) by inserting after subparagraph (E), as so means— issued pursuant to subsection (d) on the level of redesignated, the following new subparagraph: ‘‘(A) a political subdivision that— participation of property and casualty insurers ‘‘(F) the development or update of mitigation ‘‘(i) has zoning and building code jurisdiction in the Write Your Own program. plans by a State or community which meet the over a particular area having special flood haz- planning criteria established by the Adminis- ards; and SEC. 100225. MITIGATION. ‘‘(ii) is participating in the national flood in- (a) MITIGATION ASSISTANCE GRANTS.—Section trator, except that the amount from grants under this section that may be used under this surance program; or 1366 of the National Flood Insurance Act of 1968 ‘‘(B) a political subdivision of a State, or subparagraph may not exceed $50,000 for any (42 U.S.C. 4104c) is amended— other authority, that is designated by political mitigation plan of a State or $25,000 for any (1) by striking subsections (b), (d), (f), (g), (h), subdivisions, all of which meet the requirements mitigation plan of a community;’’; (k), and (m); of subparagraph (A), to administer grants for (vi) in subparagraph (H); as so redesignated, (2) by redesignating subsections (c), (e), (i), mitigation activities for such political subdivi- and (j) as subsections (b), (c), (e), and (f), re- by striking ‘‘and’’ at the end; and (vii) by adding at the end the following new sions. spectively; ‘‘(2) REPETITIVE LOSS STRUCTURE.—The term subparagraphs: (3) in subsection (a), by striking the last sen- ‘repetitive loss structure’ has the meaning given ‘‘(I) other mitigation activities not described tence and inserting the following: ‘‘Such finan- such term in section 1370. in subparagraphs (A) through (G) or the regula- cial assistance shall be made available— ‘‘(3) SEVERE REPETITIVE LOSS STRUCTURE.— ‘‘(1) to States and communities in the form of tions issued under subparagraph (H), that are The term ‘severe repetitive loss structure’ means grants under this section for carrying out miti- described in the mitigation plan of a State or a structure that— gation activities; community; and ‘‘(A) is covered under a contract for flood in- ‘‘(2) to States and communities in the form of ‘‘(J) without regard to the requirements under surance made available under this title; and grants under this section for carrying out miti- paragraphs (1) and (2) of subsection (d), and if ‘‘(B) has incurred flood-related damage— gation activities that reduce flood damage to se- the State applied for and was awarded at least ‘‘(i) for which 4 or more separate claims pay- vere repetitive loss structures; and $1,000,000 in grants available under this section ments have been made under flood insurance ‘‘(3) to property owners in the form of direct in the prior fiscal year, technical assistance to coverage under this title, with the amount of grants under this section for carrying out miti- communities to identify eligible activities, to de- each such claim exceeding $5,000, and with the gation activities that reduce flood damage to in- velop grant applications, and to implement cumulative amount of such claims payments ex- dividual structures for which 2 or more claim grants awarded under this section, not to exceed ceeding $20,000; or payments for losses have been made under flood $50,000 to any 1 State in any fiscal year.’’; and ‘‘(ii) for which at least 2 separate claims pay- insurance coverage under this title if the Ad- (E) by striking paragraph (6) and inserting ments have been made under such coverage, ministrator, after consultation with the State the following: with the cumulative amount of such claims ex- and community, determines that neither the ‘‘(4) ELIGIBILITY OF DEMOLITION AND REBUILD- ceeding the value of the insured structure.’’. State nor community in which such a structure ING OF PROPERTIES.—The Administrator shall (b) ELIMINATION OF GRANTS PROGRAM FOR RE- is located has the capacity to manage such consider as an eligible activity the demolition PETITIVE INSURANCE CLAIMS PROPERTIES.— grants.’’; and rebuilding of properties to at least base Chapter I of the National Flood Insurance Act (4) in subsection (b), as so redesignated, in the flood elevation or greater, if required by the Ad- of 1968 is amended by striking section 1323 (42 first sentence— ministrator or if required by any State regula- U.S.C. 4030). (A) by striking ‘‘and provides protection tion or local ordinance, and in accordance with (c) ELIMINATION OF PILOT PROGRAM FOR against’’ and inserting ‘‘provides for reduction criteria established by the Administrator.’’; MITIGATION OF SEVERE REPETITIVE LOSS PROP- of’’; and (6) by inserting after subsection (c), as so re- ERTIES.—Chapter III of the National Flood In- (B) by inserting before the period at the end designated, the following new subsection: surance Act of 1968 is amended by striking sec- the following: ‘‘, and may be included in a ‘‘(d) MATCHING REQUIREMENT.—The Adminis- tion 1361A (42 U.S.C. 4102a). multihazard mitigation plan’’; trator may provide grants for eligible mitigation (d) NATIONAL FLOOD INSURANCE FUND.—Sec- (5) in subsection (c), as so redesignated— activities as follows: tion 1310(a) of the National Flood Insurance Act (A) in paragraph (1), by striking ‘‘(1) USE OF ‘‘(1) SEVERE REPETITIVE LOSS STRUCTURES.—In of 1968 (42 U.S.C. 4017(a)) is amended— AMOUNTS.—’’ and all that follows through the the case of mitigation activities to severe repet- (1) in paragraph (6), by inserting ‘‘and’’ after end of the first sentence and inserting the fol- itive loss structures, in an amount up to— the semicolon; lowing: ‘‘(A) 100 percent of all eligible costs, if the ac- (2) in paragraph (7), by striking the semicolon ‘‘(1) REQUIREMENT OF CONSISTENCY WITH AP- tivities are approved under subsection and inserting a period; and PROVED MITIGATION PLAN.—Amounts provided (c)(2)(A)(i); or (3) by striking paragraphs (8) and (9). (e) NATIONAL FLOOD MITIGATION FUND.—Sec- under this section may be used only for mitiga- ‘‘(B) the expected savings to the National tion 1367 of the National Flood Insurance Act of tion activities that are consistent with mitiga- Flood Insurance Fund from expected avoided 1968 (42 U.S.C. 4104d) is amended— tion plans that are approved by the Adminis- damages through acquisition or relocation activities, if the activities are approved under sub- (1) in subsection (b)— trator and identified under paragraph (4).’’; (A) by striking paragraph (1) and inserting section (c)(2)(A)(ii). (B) by striking paragraphs (2), (3), and (4) the following new paragraph: ‘‘(2) REPETITIVE LOSS STRUCTURES.—In the and inserting the following new paragraphs: ‘‘(1) in each fiscal year, amounts from the Na- case of mitigation activities to repetitive loss ‘‘(2) REQUIREMENTS OF TECHNICAL FEASI- tional Flood Insurance Fund not to exceed structures, in an amount up to 90 percent of all BILITY, COST EFFECTIVENESS, AND INTEREST OF $90,000,000 and to remain available until ex- eligible costs. NATIONAL FLOOD INSURANCE FUND.— pended, of which— ‘‘(3) OTHER MITIGATION ACTIVITIES.—In the ‘‘(A) IN GENERAL.—The Administrator may ap- ‘‘(A) not more than $40,000,000 shall be avail- case of all other mitigation activities, in an prove only mitigation activities that the Admin- able pursuant to subsection (a) of this section amount up to 75 percent of all eligible costs.’’; istrator determines— for assistance described in section 1366(a)(1); ‘‘(i) are technically feasible and cost-effective; (7) in subsection (e)(2), as so redesignated— ‘‘(B) not more than $40,000,000 shall be avail- or (A) by striking ‘‘certified under subsection able pursuant to subsection (a) of this section ‘‘(ii) will eliminate future payments from the (g)’’ and inserting ‘‘required under subsection for assistance described in section 1366(a)(2); National Flood Insurance Fund for severe repet- (d)’’; and and itive loss structures through an acquisition or (B) by striking ‘‘3 times the amount’’ and in- ‘‘(C) not more than $10,000,000 shall be avail- relocation activity. serting ‘‘the amount’’; able pursuant to subsection (a) of this section ‘‘(B) CONSIDERATIONS.—In making a deter- (8) in subsection (f), as so redesignated, by for assistance described in section 1366(a)(3);’’; mination under subparagraph (A), the Adminis- striking ‘‘Riegle Community Development and and trator shall take into consideration recognized Regulatory Improvement Act of 1994’’ and in- (B) in paragraph (3), by striking ‘‘section ancillary benefits.’’; serting ‘‘Biggert-Waters Flood Insurance Re- 1366(i)’’ and inserting ‘‘section 1366(e)’’; (C) by redesignating paragraph (5) as para- form Act of 2012’’; and (2) in subsection (c), by striking ‘‘sections 1366 graph (3); (9) by adding at the end the following new and 1323’’ and inserting ‘‘section 1366’’; (D) in paragraph (3), as so redesignated— subsections: (3) by redesignating subsections (d) and (e) as (i) in the matter preceding subparagraph (A), ‘‘(g) FAILURE TO MAKE GRANT AWARD WITHIN subsections (f) and (g), respectively; and by striking ‘‘The Director’’ and all that follows 5 YEARS.—For any application for a grant (4) by inserting after subsection (c) the fol- through ‘‘Such activities may’’ and inserting under this section for which the Administrator lowing new subsections: ‘‘Eligible activities under a mitigation plan fails to make a grant award within 5 years of ‘‘(d) PROHIBITION ON OFFSETTING COLLEC- may’’; the date of the application, the grant applica- TIONS.—Notwithstanding any other provision of (ii) by striking subparagraphs (E) and (H); tion shall be considered to be denied and any this title, amounts made available pursuant to (iii) by redesignating subparagraphs (D), (F), funding amounts allocated for such grant appli- this section shall not be subject to offsetting col- and (G) as subparagraphs (E), (G), and (H), re- cations shall remain in the National Flood Miti- lections through premium rates for flood insur- spectively; gation Fund under section 1367 of this title and ance coverage under this title.

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‘‘(e) CONTINUED AVAILABILITY AND REALLOCA- Committee on Levee Safety, shall jointly submit Flood Insurance Program within 30 days of a TION.—Any amounts made available pursuant to to the Committee on Banking, Housing, and determination of a flood in progress and who subparagraph (A), (B), or (C) of subsection Urban Affairs and the Committee on Environ- may be affected by the flood of the determina- (b)(1) that are not used in any fiscal year shall ment and Public Works of the Senate and the tion and how the determination may affect their continue to be available for the purposes speci- Committee on Financial Services, the Committee coverage. fied in the subparagraph of subsection (b)(1) on Transportation and Infrastructure, and the SEC. 100228. CLARIFICATION OF RESIDENTIAL pursuant to which such amounts were made Committee on Natural Resources of the House of AND COMMERCIAL COVERAGE LIM- available, unless the Administrator determines Representatives reports concerning the activities ITS. that reallocation of such unused amounts to of the task force and the implementation of the Section 1306(b) of the National Flood Insur- meet demonstrated need for other mitigation ac- process developed by the task force under sub- ance Act of 1968 (42 U.S.C. 4013(b)) is amended— tivities under section 1366 is in the best interest section (b), including— (1) in paragraph (2)— of the National Flood Insurance Fund.’’. (1) an interim report, not later than 180 days (A) by striking ‘‘in the case of any residential (f) INCREASED COST OF COMPLIANCE COV- after the date of enactment of this Act; and property’’ and inserting ‘‘in the case of any res- ERAGE.—Section 1304(b)(4) of the National Flood (2) a final report, not later than 1 year after idential building designed for the occupancy of Insurance Act of 1968 (42 U.S.C. 4011(b)(4)) is the date of enactment of this Act. from 1 to 4 families’’; and amended— (e) TERMINATION.—The task force shall termi- (B) by striking ‘‘shall be made available to (1) by striking subparagraph (B); and nate on the date of submission of the report every insured upon renewal and every applicant (2) by redesignating subparagraphs (C), (D), under subsection (d)(2). for insurance so as to enable such insured or and (E) as subparagraphs (B), (C), and (D), re- SEC. 100227. FLOOD IN PROGRESS DETERMINA- applicant to receive coverage up to a total spectively. TIONS. amount (including such limits specified in para- SEC. 100226. FLOOD PROTECTION STRUCTURE AC- (a) REPORT.— graph (1)(A)(i)) of $250,000’’ and inserting CREDITATION TASK FORCE. (1) REVIEW.—The Administrator shall re- ‘‘shall be made available, with respect to any (a) DEFINITIONS.—In this section— view— single such building, up to an aggregate liability (1) the term ‘‘flood protection structure ac- (A) the processes and procedures for deter- (including such limits specified in paragraph creditation requirements’’ means the require- mining that a flood event has commenced or is (1)(A)(i)) of $250,000’’; and ments established under section 65.10 of title 44, in progress for purposes of flood insurance cov- (2) in paragraph (4)— Code of Federal Regulations, for levee systems erage made available under the National Flood (A) by striking ‘‘in the case of any nonresi- to be recognized on maps created for purposes of Insurance Program; dential property, including churches,’’ and in- the National Flood Insurance Program; (B) the processes and procedures for providing serting ‘‘in the case of any nonresidential build- (2) the term ‘‘National Committee on Levee public notification that such a flood event has ing, including a church,’’; and Safety’’ means the Committee on Levee Safety commenced or is in progress; (B) by striking ‘‘shall be made available to established under section 9003 of the National (C) the processes and procedures regarding every insured upon renewal and every applicant Levee Safety Act of 2007 (33 U.S.C. 3302); and the timing of public notification of flood insur- for insurance, in respect to any single structure, (3) the term ‘‘task force’’ means the Flood ance requirements and availability; and up to a total amount (including such limit speci- Protection Structure Accreditation Task Force (D) the effects and implications that weather fied in subparagraph (B) or (C) of paragraph established under subsection (b). conditions, including rainfall, snowfall, pro- (1), as applicable) of $500,000 for each structure (b) ESTABLISHMENT.— jected snowmelt, existing water levels, and other and $500,000 for any contents related to each (1) IN GENERAL.—The Administrator and the conditions, have on the determination that a structure’’ and inserting ‘‘shall be made avail- Secretary of the Army, acting through the Chief flood event has commenced or is in progress. able with respect to any single such building, up of Engineers, in cooperation with the National (2) REPORT.—Not later than 6 months after to an aggregate liability (including such limits Committee on Levee Safety, shall jointly estab- the date of enactment of this Act, the Adminis- specified in subparagraph (B) or (C) of para- lish a Flood Protection Structure Accreditation trator shall submit a report to Congress that de- graph (1), as applicable) of $500,000, and cov- Task Force. scribes— erage shall be made available up to a total of (A) the results and conclusions of the review (2) DUTIES.— $500,000 aggregate liability for contents owned under paragraph (1); and (A) DEVELOPING PROCESS.—The task force by the building owner and $500,000 aggregate li- (B) any actions taken, or proposed actions to shall develop a process to better align the infor- ability for each unit within the building for con- be taken, by the Administrator to provide for mation and data collected by or for the Corps of tents owned by the tenant’’. Engineers under the Inspection of Completed more precise and technical processes and proce- Works Program with the flood protection struc- dures for determining that a flood event has SEC. 100229. LOCAL DATA REQUIREMENT. ture accreditation requirements so that— commenced or is in progress. (a) IN GENERAL.—Notwithstanding any other (i) information and data collected for either (b) EFFECTIVE DATE OF POLICIES COVERING provision of this subtitle, no area or community purpose can be used interchangeably; and PROPERTIES AFFECTED BY FLOODING OF THE participating in the National Flood Insurance (ii) information and data collected by or for MISSOURI RIVER IN 2011.— Program that is or includes a community that is the Corps of Engineers under the Inspection of (1) ELIGIBLE COVERAGE.—For purposes of this identified by the Administrator as Community Completed Works Program is sufficient to satisfy subsection, the term ‘‘eligible coverage’’ means Identification Number 360467 and impacted by the flood protection structure accreditation re- coverage under a new contract for flood insur- the Jamaica Bay flooding source or identified by quirements. ance coverage under the National Flood Insur- the Administrator as Community Identification (B) GATHERING RECOMMENDATIONS.—The task ance Program, or a modification to coverage Number 360495 may be or become designated as force shall gather, and consider in the process under an existing flood insurance contract, for an area having special flood hazards for pur- developed under subparagraph (A), rec- property damaged by the flooding of the Mis- poses of the National Flood Insurance Program, ommendations from interested persons in each souri River that commenced on June 1, 2011, unless the designation is made on the basis of— region relating to the information, data, and ac- that was purchased or made during the period (1) flood hazard analyses of hydrologic, hy- creditation requirements described in subpara- beginning May 1, 2011, and ending June 6, 2011. draulic, or coastal flood hazards that have been graph (A). (2) EFFECTIVE DATES.—Notwithstanding sec- properly calibrated and validated, and are spe- (3) CONSIDERATIONS.—In developing the proc- tion 1306(c) of the National Flood Insurance Act cific and directly relevant to the geographic ess under paragraph (2), the task force shall of 1968 (42 U.S.C. 4013(c)), or any other provi- area being studied; and consider changes to— sion of law, any eligible coverage shall— (2) ground elevation information of sufficient (A) the information and data collected by or (A) be deemed to take effect on the date that accuracy and precision to meet the guidelines of for the Corps of Engineers under the Inspection is 30 days after the date on which all obligations the Administration for accuracy at the 95 per- of Completed Works Program; and for the eligible coverage (including completion of cent confidence level. (B) the flood protection structure accredita- the application and payment of any initial pre- (b) REMAPPING.— tion requirements. miums owed) are satisfactorily completed; and (1) REMAPPING REQUIRED.—If the Adminis- (4) RULE OF CONSTRUCTION.—Nothing in this (B) cover damage to property occurring after trator determines that an area described in subsection shall be construed to require a reduction the effective date described in subparagraph (A) section (a) has been designated as an area of in the level of public safety and flood control that resulted from the flooding of the Missouri special flood hazard on the basis of information provided by accredited levees, as determined by River that commenced on June 1, 2011, if the that does not comply with the requirements the Administrator for purposes of this section. property did not suffer damage or loss as a re- under subsection (a), the Administrator shall re- (c) IMPLEMENTATION.—The Administrator and sult of such flooding before the effective date de- vise and update any National Flood Insurance the Secretary of the Army, acting through the scribed in subparagraph (A). Program rate map for the area— Chief of Engineers, shall implement the process (c) TIMELY NOTIFICATION.—Not later than 90 (A) using information that complies with the developed by the task force under subsection (b) days after the date on which the Administrator requirements under subsection (a); and not later than 1 year after the date of enactment submits the report required under subsection (B) in accordance with the procedures estab- of this Act and shall complete the process under (a)(2), the Administrator shall, taking into con- lished under section 1363 of the National Flood subsection (b) not later than 2 years after the sideration the results of the review under sub- Insurance Act of 1968 (42 U.S.C. 4104) for flood date of enactment of this Act. section (a)(1)(B), develop procedures for pro- elevation determinations. (d) REPORTS.—The Administrator and the Sec- viding timely notification, to the extent prac- (2) INTERIM PERIOD.—A National Flood Insur- retary of the Army, acting through the Chief of ticable, to policyholders who have purchased ance Program rate map in effect on the date of Engineers, in cooperation with the National flood insurance coverage under the National enactment of this Act for an area for which the

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00411 Fmt 4634 Sfmt 6333 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H4570 CONGRESSIONAL RECORD — HOUSE June 28, 2012 Administrator has made a determination under shall determine that a community has made ade- (A) the Administrator determines that the paragraph (1) shall continue in effect with re- quate progress on the reconstruction or improve- community has not made adequate continuing spect to the area during the period— ment of a flood protection system if— progress; or (A) beginning on the date of enactment of this (i) 100 percent of the project cost has been au- (B) on the date that is 5 years after the date Act; and thorized; on which the reconstruction or construction of (B) ending on the date on which the Adminis- (ii) not less than 60 percent of the project cost the improvement commences, the project has not trator determines that the requirements under has been secured or appropriated; been completed. section 1363 of the National Flood Insurance Act (iii) not less than 50 percent of the flood pro- (3) WAIVER.—A person whose eligibility would of 1968 (42 U.S.C. 4104) for flood elevation deter- tection system has been assessed as being with- otherwise be terminated under paragraph (2)(B) minations have been met with respect to a revi- out deficiencies; and shall continue to be eligible to purchase flood sion and update under paragraph (1) of a Na- (iv) the reconstruction or improvement has a insurance coverage described in subsection (a) if tional Flood Insurance Program rate map for project schedule that does not exceed 5 years, the Administrator determines— the area. beginning on the date on which the reconstruc- (A) the community has made adequate con- (3) DEADLINE.—The Administrator shall issue tion or construction of the improvement com- tinuing progress on the reconstruction or im- a preliminary National Flood Insurance Pro- mences. provement of a flood protection system; and gram rate map resulting from a revision and up- (B) CONSIDERATIONS.—In determining whether (B) there is a reasonable expectation that the date required under paragraph (1) not later a flood protection system has been assessed as reconstruction or improvement of the flood pro- than 1 year after the date of enactment of this being without deficiencies, the Administrator tection system will be completed not later than Act. shall consider the requirements under section 1 year after the date of the determination under (4) RISK PREMIUM RATE CLARIFICATION.— 65.10 of chapter 44, Code of Federal Regulations, this paragraph. (A) IN GENERAL.—If a revision and update re- or any successor thereto. (4) RISK PREMIUM RATE.—If the Administrator quired under paragraph (1) results in a reduc- (C) DATE OF COMMENCEMENT.—For purposes terminates the eligibility of persons residing in a tion in the risk premium rate for a property in of subparagraph (A)(iv) of this paragraph and community to purchase flood insurance cov- an area for which the Administrator has made subsection (b)(2)(B), the date of commencement erage described in subsection (a), the Adminis- a determination under paragraph (1), the Ad- of the reconstruction or improvement of a flood trator shall establish an appropriate risk pre- ministrator shall— protection system that is undergoing reconstruc- mium rate for flood insurance coverage under (i) calculate the difference between the re- tion or improvement on the date of enactment of the National Flood Insurance Program for per- duced risk premium rate and the risk premium this Act shall be deemed to be the date on which sons residing in the community that purchased rate paid by a policyholder with respect to the the owner of the flood protection system submits flood insurance coverage before the date on property during the period— a request under paragraph (3). which the termination of eligibility takes effect, (I) beginning on the date on which the Na- (3) REQUEST FOR DETERMINATION.—The owner taking into consideration the then-current state tional Flood Insurance Program rate map in ef- of a flood protection system that is undergoing of the flood protection system. fect for the area on the date of enactment of this reconstruction or improvement on the date of (c) ADDITIONAL AUTHORITY.— Act took effect; and enactment of this Act may submit to the Admin- (1) ADDITIONAL AUTHORITY.—Notwithstanding (II) ending on the date on which the revised istrator a request for a determination under subsection (a), in exceptional and exigent cir- or updated National Flood Insurance Program paragraph (2) that the community in which the cumstances, the Administrator may, in the Ad- rate map takes effect; and flood protection system is located has made ade- ministrator’s sole discretion, determine that a (ii) reimburse the policyholder an amount quate progress on the reconstruction or improve- person residing in a community, which is a par- equal to such difference. ment of the flood protection system. ticipant in the National Flood Insurance Pro- (B) FUNDING.—Notwithstanding section 1310 (4) RULE OF CONSTRUCTION.—Nothing in this gram, that has begun reconstruction or improve- of the National Flood Insurance Act of 1968 (42 subsection shall be construed to prohibit the Ad- ment of a flood protection system that will af- U.S.C. 4017), there shall be available to the Ad- ministrator from making a determination under ford flood protection for a 100-year floodplain ministrator from premiums deposited in the Na- paragraph (2) for any community in which a (without regard to the level of Federal funding tional Flood Insurance Fund pursuant to sub- flood protection system is not undergoing recon- of or participation in the reconstruction or im- section (d) of such section 1310, of amounts not struction or improvement on the date of enact- provement) shall be eligible for flood insurance otherwise obligated, the amount necessary to ment of this Act. coverage under the National Flood Insurance carry out this paragraph. (b) TERMINATION OF ELIGIBILITY.— Program at a risk premium rate that does not (c) TERMINATION.— (1) ADEQUATE CONTINUING PROGRESS.—The exceed the risk premium rate that would be (1) IN GENERAL.—Except as provided in para- Administrator shall issue rules to establish a chargeable if the flood protection system had graph (2), this section shall cease to have effect method of determining whether a community been completed, provided— on the effective date of a National Flood Insur- has made adequate continuing progress on the (A) the community makes a written request for ance Program rate map revised and updated reconstruction or improvement of a flood protec- the determination setting forth the exceptional under subsection (b)(1). tion system that includes— and exigent circumstances, including why the (2) REIMBURSEMENTS.—Subsection (b)(4) shall (A) a requirement that the Administrator community cannot meet the criteria for ade- cease to have effect on the date on which the shall— quate progress set forth in under subsection (i) consult with the owner of the flood protec- Administrator has made all reimbursements re- (a)(2)(A) and why immediate relief is necessary; tion system— quired under subsection (b)(4). (B) the Administrator submits a written report (I) 6 months after the date of a determination SEC. 100230. ELIGIBILITY FOR FLOOD INSURANCE setting forth findings of the exceptional and exi- under subsection (a); FOR PERSONS RESIDING IN COMMU- gent circumstances on which the Administrator (II) 18 months after the date of a determina- NITIES THAT HAVE MADE ADEQUATE based an affirmative determination to the Com- PROGRESS ON THE RECONSTRUC- tion under subsection (a); and mittee on Banking, Housing, and Urban Affairs TION OR IMPROVEMENT OF A FLOOD (III) 36 months after the date of a determina- PROTECTION SYSTEM. tion under subsection (a); and of the Senate, and the Committee on Financial (a) ELIGIBILITY FOR FLOOD INSURANCE COV- (ii) after each consultation under clause (i), Services of the House of Representatives not ERAGE.— determine whether the reconstruction or im- later than 15 days before making the determina- (1) IN GENERAL.—Notwithstanding any other provement is reasonably likely to be completed tion; and provision of law (including section 1307(e) of the in accordance with the project schedule de- (C) the eligibility for flood insurance coverage National Flood Insurance Act of 1968 (42 U.S.C. scribed in subsection (a)(2)(A)(iv); and at a risk premium rate determined under this 4014(e))), a person residing in a community that (B) a requirement that, if the Administrator subsection terminates no later than 1 year after the Administrator determines has made ade- makes a determination under subparagraph the date on which the Administrator makes the quate progress on the reconstruction or improve- (A)(ii) that reconstruction or improvement is not determination. ment of a flood protection system that will af- reasonably likely to be completed in accordance (2) LIMITATION.—Upon termination of eligi- ford flood protection for a 100-year floodplain with the project schedule, the Administrator bility under paragraph (1)(C), a community may (without regard to the level of Federal funding shall— submit another request pursuant to paragraph of or participation in the construction, recon- (i) not later than 30 days after the date of the (1)(A). The Administrator may make no more struction, or improvement), shall be eligible for determination, notify the owner of the flood than two determinations under paragraph (1) flood insurance coverage under the National protection system of the determination and pro- with respect to persons residing within any sin- Flood Insurance Program— vide the rationale and evidence for the deter- gle requesting community. (A) if the person resides in a community that mination; and (3) TERMINATION.—The authority provided is a participant in the National Flood Insurance (ii) provide the owner of the flood protection under paragraphs (1) and (2) shall terminate Program; and system the opportunity to appeal the determina- two years after the enactment of this Act. (B) at a risk premium rate that does not ex- tion. SEC. 100231. STUDIES AND REPORTS. ceed the risk premium rate that would be (2) TERMINATION.—The Administrator shall (a) REPORT ON IMPROVING THE NATIONAL chargeable if the flood protection system had terminate the eligibility for flood insurance cov- FLOOD INSURANCE PROGRAM.—Not later than 1 been completed. erage under subsection (a) for persons residing year after the date of enactment of this Act, the (2) ADEQUATE PROGRESS.— in a community with respect to which the Ad- Comptroller General of the United States shall (A) RECONSTRUCTION OR IMPROVEMENT.—For ministrator made a determination under sub- conduct a study and submit a report to the Com- purposes of paragraph (1), the Administrator section (a) if— mittee on Banking, Housing, and Urban Affairs

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00412 Fmt 4634 Sfmt 6333 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE June 28, 2012 CONGRESSIONAL RECORD — HOUSE H4571 of the Senate and the Committee on Financial (G) the estimate of the Administrator as to the flood losses behind levees for residential and Services of the House of Representatives, on— maximum amount of claims that the National commercial structures; (1) the number of flood insurance policy hold- Flood Insurance Program would have to expend (ii) rank each best practice recommended ers currently insuring— in the event of a catastrophic year; under clause (i) based on the best value, bal- (A) a residential structure up to the maximum (H) the average— ancing cost, scientific integrity, and the inher- available coverage amount, as established in (i) amount of insurance carried per flood in- ent uncertainties associated with all aspects of section 61.6 of title 44, Code of Federal Regula- surance policy; the loss estimate, including geotechnical engi- tions, of— (ii) premium per flood insurance policy; and neering, flood frequency estimates, economic (i) $250,000 for the structure; and (iii) loss per flood insurance policy; and value, and direct damages; (ii) $100,000 for the contents of such structure; (I) the number of claims involving damages in (iii) research, review, and identify current or excess of the maximum amount of flood insur- (B) a commercial structure up to the maximum best floodplain management and land use prac- ance available under the National Flood Insur- tices behind levees that effectively balance so- available coverage amount, as established in ance Program and the sum of the amount of all section 61.6 of title 44, Code of Federal Regula- cial, economic, and environmental consider- damages in excess of such amount. ations as part of an overall flood risk manage- tions, of $500,000; (c) GAO STUDY ON PRE-FIRM STRUCTURES.— ment strategy; (2) the increased losses the National Flood In- Not later than 1 year after the date of enact- (iv) identify areas in which the best floodplain surance Program would have sustained during ment of this Act, the Comptroller General of the management and land use practices described in the 2004 and 2005 hurricane season if the Na- United States shall conduct a study and submit clause (iii) have proven effective and recommend tional Flood Insurance Program had insured all a report to the Committee on Banking, Housing, methods and processes by which such practices policyholders up to the maximum conforming and Urban Affairs of the Senate and the Com- could be applied more broadly across the United loan limit for fiscal year 2006 of $417,000, as es- mittee on Financial Services of the House of States, given the variety of different flood risks, tablished under section 302(b)(2) of the Federal Representatives, on the— State and local legal frameworks, and evolving National Mortgage Association Charter Act (12 (1) composition of the remaining pre-FIRM judicial opinions; U.S.C. 1717(b)(2)); structures that are explicitly receiving dis- (v) research, review, and identify a variety of (3) the availability in the private marketplace counted premium rates under section 1307 of the flood insurance pricing options for flood haz- of flood insurance coverage in amounts that ex- National Flood Insurance Act of 1968 (42 U.S.C. ards behind levees that are actuarially sound ceed the current limits of coverage amounts es- 4014), including the historical basis for the re- and based on the flood risk data developed tablished in section 61.6 of title 44, Code of Fed- ceipt of such subsidy and the extent to which using the 3 best practices recommended under eral Regulations; and pre-FIRM structures are currently owned by the (4) what effect, if any— clause (i) that have the best value as determined same owners of the property at the time of the (A) raising the current limits of coverage under clause (ii); original National Flood Insurance Program rate amounts established in section 61.6 of title 44, (vi) evaluate and recommend methods to re- Code of Federal Regulations, would have on the map; (2) number and fair market value of such duce insurance costs through creative arrange- ability of private insurers to continue providing structures; ments between insureds and insurers while flood insurance coverage; and (3) respective income level of the owners of keeping a clear accounting of how much finan- (B) reducing the current limits of coverage such structures; cial risk is being borne by various parties such amounts established in section 61.6 of title 44, (4) number of times each such structure has that the entire risk is accounted for, including Code of Federal Regulations, would have on the been sold since 1968, including specific dates, establishment of explicit limits on disaster aid or ability of private insurers to provide sufficient sales price, and any other information the Sec- other assistance in the event of a flood; and flood insurance coverage to effectively replace retary determines appropriate; (vii) taking into consideration the rec- the current level of flood insurance coverage (5) total losses incurred by such structures ommendations under clauses (i) through (iii), being provided under the National Flood Insur- since the establishment of the National Flood recommend approaches to communicate the as- ance Program. Insurance Program compared to the total losses sociated risks to community officials, home- (b) REPORT OF THE ADMINISTRATOR ON ACTIVI- incurred by all structures that are charged a owners, and other residents of communities. TIES UNDER THE NATIONAL FLOOD INSURANCE nondiscounted premium rate; (2) REPORT.—The contract under paragraph PROGRAM.— (6) total cost of foregone premiums since the (1)(A) shall provide that not later than 12 (1) IN GENERAL.—The Administrator shall, on establishment of the National Flood Insurance months after the date of enactment of this Act, an annual basis, submit a full report on the op- Program, as a result of the subsidies provided to the National Academy of Sciences shall submit erations, activities, budget, receipts, and ex- such structures; to the Committee on Banking, Housing, and penditures of the National Flood Insurance Pro- (7) annual cost as a result of the subsidies Urban Affairs of the Senate and the Committee gram for the preceding 12-month period to the provided to such structures; on Financial Services and the Committee on Committee on Banking, Housing, and Urban Af- (8) the premium income collected and the Science, Space, and Technology of the House of fairs of the Senate and the Committee on Finan- losses incurred by the National Flood Insurance Representatives a report on the study under cial Services of the House of Representatives. Program as a result of such explicitly subsidized paragraph (1) that includes the information and (2) TIMING.—Each report required under para- structures compared to the premium income col- recommendations required under paragraph (1). graph (1) shall be submitted to the committees lected and the losses incurred by such Program described in paragraph (1) not later than 3 SEC. 100232. REINSURANCE. as a result of structures that are charged a non- months following the end of each fiscal year. (a) FEMA AND GAO REPORTS ON PRIVATIZA- discounted premium rate, on a State-by-State (3) CONTENTS.—Each report required under TION.—Not later than 18 months after the date paragraph (1) shall include— basis; and of enactment of this Act, the Administrator and (A) the current financial condition and in- (9) the options for eliminating the subsidy to the Comptroller General of the United States come statement of the National Flood Insurance such structures. shall each— (d) GAO REVIEW OF FEMA CONTRACTORS.— Fund established under section 1310 of the Na- (1) conduct a separate study to assess a broad The Comptroller General of the United States, in tional Flood Insurance Act of 1968 (42 U.S.C. range of options, methods, and strategies for conjunction with the Office of the Inspector 4017), including— privatizing the National Flood Insurance Pro- General of the Department of Homeland Secu- (i) premiums paid into such Fund; gram; and rity, shall— (ii) policy claims against such Fund; and (2) submit a report to the Committee on Finan- (1) conduct a review of the 3 largest contrac- (iii) expenses in administering such Fund; cial Services of the House of Representatives tors the Administrator uses in administering the (B) the number and face value of all policies and the Committee on Banking, Housing, and issued under the National Flood Insurance Pro- National Flood Insurance Program; and (2) not later than 18 months after the date of Urban Affairs of the Senate with recommenda- gram that are in force; tions for the best manner to accomplish the pri- (C) a description and summary of the losses enactment of this Act, submit a report on the vatization described in paragraph (1). attributable to repetitive loss structures; findings of such review to the Administrator, (D) a description and summary of all losses the Committee on Banking, Housing, and Urban (b) PRIVATE RISK-MANAGEMENT INITIATIVES.— incurred by the National Flood Insurance Pro- Affairs of the Senate, and the Committee on Fi- The Administrator may carry out such private gram due to— nancial Services of the House of Representa- risk-management initiatives as are otherwise au- (i) hurricane related damage; and tives. thorized under applicable law, as the Adminis- (ii) nonhurricane related damage; (e) STUDY AND REPORT ON GRADUATED RISK.— trator considers appropriate to determine the ca- (E) the amounts made available by the Admin- (1) STUDY.— pacity of private insurers, reinsurers, and finan- istrator for mitigation assistance under section (A) STUDY REQUIRED.—The Administrator cial markets to assist communities, on a vol- 1366(c)(4) of the National Flood Insurance Act shall enter into a contract under which the Na- untary basis only, in managing the full range of of 1968 (42 U.S.C. 4104c(c)(4)), as so redesignated tional Academy of Sciences shall conduct a financial risks associated with flooding. by this Act, for the purchase of properties sub- study exploring methods for understanding (c) REINSURANCE ASSESSMENT.— stantially damaged by flood for that fiscal year, graduated risk behind levees and the associated (1) PRIVATE MARKET PRICING ASSESSMENT.— and the actual number of flood damaged prop- land development, insurance, and risk commu- Not later than 12 months after the date of enact- erties purchased and the total cost expended to nication dimensions. ment of this Act, the Administrator shall submit purchase such properties; (B) CONTENTS OF STUDY.—The study under to Congress a report that— (F) the estimate of the Administrator as to the this paragraph shall— (A) assesses the capacity of the private rein- average historical loss year, and the basis for (i) research, review, and recommend current surance, capital, and financial markets to assist that estimate; best practices for estimating direct annualized communities, on a voluntary basis, in managing

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00413 Fmt 4634 Sfmt 6333 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H4572 CONGRESSIONAL RECORD — HOUSE June 28, 2012 the full range of financial risks associated with (5) in section 1370(a)(3) (42 U.S.C. 4121(a)(3)), state all conditions, exclusions, and other limi- flooding by requesting proposals to assume a by striking ‘‘include any’’ and all that follows tations pertaining to coverage under the subject portion of the insurance risk of the National and inserting the following: ‘‘include any orga- policy, regardless of the underlying insurance Flood Insurance Program; nization or person that is authorized to engage product, in plain English, in boldface type, and (B) describes any responses to the request for in the business of insurance under the laws of in a font size that is twice the size of the text of proposals under subparagraph (A); any State, subject to the reporting requirements the body of the policy. (C) assesses whether the rates and terms con- of the Securities Exchange Act of 1934 pursuant (b) VIOLATIONS.—The Administrator may im- tained in any proposals received by the Admin- to section 13(a) or 15(d) of such Act (15 U.S.C. pose a civil penalty of not more than $50,000 on istrator are— 78m(a) and 78o(d)), or authorized by the Admin- any person that fails to comply with subsection (i) reasonable and appropriate; and istrator to assume reinsurance on risks insured (a). (ii) in an amount sufficient to maintain the by the flood insurance program;’’. SEC. 100235. REPORT ON INCLUSION OF BUILD- ability of the National Flood Insurance Program (e) ASSESSMENT OF CLAIMS-PAYING ABILITY.— ING CODES IN FLOODPLAIN MAN- to pay claims; (1) ASSESSMENT.— AGEMENT CRITERIA. (D) describes the extent to which carrying out (A) ASSESSMENT REQUIRED.— Not later than 6 months after the date of en- the proposals received by the Administrator (i) IN GENERAL.—Not later than September 30 actment of this Act, the Administrator of the would minimize the likelihood that the Adminis- of each year, the Administrator shall conduct Federal Emergency Management Agency shall trator would use the borrowing authority under an assessment of the ability of the National conduct a study and submit a report to the Com- section 1309 of the National Flood Insurance Act Flood Insurance Program to pay claims. mittee on Banking, Housing, and Urban Affairs of 1968 (42 U.S.C. 4016); (ii) PRIVATE MARKET REINSURANCE.—The as- of the Senate and the Committee on Financial (E) describes fluctuations in historical rein- sessment under this paragraph for any year in Services of the House of Representatives regard- surance rates; and which the Administrator exercises the authority ing the impact, effectiveness, and feasibility of (F) includes an economic cost-benefit analysis under section 1335(a)(2) of the National Flood amending section 1361 of the National Flood In- of the impact on the National Flood Insurance Insurance Act of 1968 (42 U.S.C. 4055(a)(2)), as surance Act of 1968 (42 U.S.C. 4102) to include Program if the Administrator were to exercise added by this section, to secure reinsurance of widely used and nationally recognized building the authority under section 1335(a)(2) of the Na- coverage provided by the National Flood Insur- codes as part of the floodplain management cri- tional Flood Insurance Act of 1968 (42 U.S.C. ance Program from the private market shall in- teria developed under such section, and shall 4055(a)(2)), as added by this section, to secure clude information relating the use of private determine— reinsurance of coverage provided by the Na- sector reinsurance and reinsurance equivalents (1) the regulatory, financial, and economic tional Flood Insurance Program from the pri- by the Administrator, whether or not the Ad- impacts of such a building code requirement on vate market. ministrator used the borrowing authority under homeowners, States and local communities, local (2) PROTOCOL FOR RELEASE OF DATA.—The section 1309 of the National Flood Insurance Act land use policies, and the Federal Emergency Administrator shall develop a protocol, includ- of 1968 (42 U.S.C. 4016). Management Agency; (2) the resources required of State and local ing adequate privacy protections, to provide for (iii) FIRST ASSESSMENT.—The Administrator communities to administer and enforce such a the release of data sufficient to conduct the as- shall conduct the first assessment required building code requirement; sessment required under paragraph (1). under this paragraph not later than September (d) REINSURANCE.—The National Flood Insur- (3) the effectiveness of such a building code 30, 2012. requirement in reducing flood-related damage to ance Act of 1968 (42 U.S.C. 4001 et seq.) is (B) CONSIDERATIONS.—In conducting an as- amended— buildings and contents; sessment under subparagraph (A), the Adminis- (4) the impact of such a building code require- (1) in section 1331(a)(2) (42 U.S.C. 4051(a)(2)), trator shall take into consideration regional ment on the actuarial soundness of the National by inserting ‘‘, including as reinsurance of cov- concentrations of coverage written by the Na- Flood Insurance Program; erage provided by the flood insurance program’’ tional Flood Insurance Program, peak flood (5) the effectiveness of nationally recognized before ‘‘, on such terms’’; zones, and relevant mitigation measures. codes in allowing innovative materials and sys- (2) in section 1332(c)(2) (42 U.S.C. 4052(c)(2)), (2) ANNUAL REPORT OF THE ADMINISTRATOR OF tems for flood-resistant construction; by inserting ‘‘or reinsurance’’ after ‘‘flood in- ACTIVITIES UNDER THE NATIONAL FLOOD INSUR- (6) the feasibility and effectiveness of pro- surance coverage’’; ANCE PROGRAM.—The Administrator shall— viding an incentive in lower premium rates for (3) in section 1335(a) (42 U.S.C. 4055(a))— (A) include the results of each assessment in flood insurance coverage under such Act for (A) by striking ‘‘The Director’’ and inserting the report required under section 100231(b); and structures meeting whichever of such widely the following: (B) not later than 30 days after the date on used and nationally recognized building codes ‘‘(1) IN GENERAL.—The Administrator’’; and which the Administrator completes an assess- or any applicable local building codes provides (B) by adding at the end the following: ment required under paragraph (1), make the re- greater protection from flood damage; ‘‘(2) PRIVATE REINSURANCE.—The Adminis- sults of the assessment available to the public. (7) the impact of such a building code require- trator is authorized to secure reinsurance of ment on rural communities with different build- coverage provided by the flood insurance pro- SEC. 100233. GAO STUDY ON BUSINESS INTERRUP- TION AND ADDITIONAL LIVING EX- ing code challenges than urban communities; gram from the private market at rates and on PENSES COVERAGES. and terms determined by the Administrator to be rea- (a) STUDY.—The Comptroller General of the (8) the impact of such a building code require- sonable and appropriate, in an amount suffi- United States shall conduct a study con- ment on Indian reservations. cient to maintain the ability of the program to cerning— SEC. 100236. STUDY OF PARTICIPATION AND AF- pay claims.’’; (1) the availability of additional living ex- FORDABILITY FOR CERTAIN POLICY- (4) in section 1346(a) (42 U.S.C. 4082(a))— penses and business interruption coverage in the HOLDERS. (A) in the matter preceding paragraph (1), by private marketplace for flood insurance; (a) FEMA STUDY.—The Administrator shall inserting after ‘‘for the purpose of’’ the fol- (2) the feasibility of allowing the National conduct a study of— lowing: ‘‘securing reinsurance of insurance cov- Flood Insurance Program to offer such coverage (1) methods to encourage and maintain par- erage provided by the program or for the pur- at the option of the consumer; ticipation in the National Flood Insurance Pro- pose of’’; (3) the estimated cost to consumers if the Na- gram; (B) in paragraph (1)— (2) methods to educate consumers about the tional Flood Insurance Program priced such op- (i) by striking ‘‘estimating’’ and inserting ‘‘Es- National Flood Insurance Program and the tional coverage at true actuarial rates; timating’’; and flood risk associated with their property; (4) the impact such optional coverage would (ii) by striking the semicolon at the end and (3) methods for establishing an affordability have on consumer participation in the National inserting a period; framework for the National Flood Insurance Flood Insurance Program; and (C) in paragraph (2)— Program, including methods to aid individuals (i) by striking ‘‘receiving’’ and inserting ‘‘Re- (5) the fiscal impact such optional coverage to afford risk-based premiums under the Na- ceiving’’; and would have upon the National Flood Insurance tional Flood Insurance Program through tar- (ii) by striking the semicolon at the end and Fund if such optional coverage were included in geted assistance rather than generally sub- inserting a period; the National Flood Insurance Program, as de- sidized rates, including means-tested vouchers; (D) in paragraph (3)— scribed in paragraph (2), at the price described and (i) by striking ‘‘making’’ and inserting ‘‘Mak- in paragraph (3). (4) the implications for the National Flood In- ing’’; and (b) REPORT.—Not later than 1 year after the surance Program and the Federal budget of (ii) by striking ‘‘ ‘; and’ ’’ and inserting a pe- date of enactment of this Act, the Comptroller using each such method. riod; General shall submit to the Committee on Bank- (b) NATIONAL ACADEMY OF SCIENCES ECO- (E) by redesignating paragraph (4) as para- ing, Housing, and Urban Affairs of the Senate NOMIC ANALYSIS.—To inform the Administrator graph (5); and the Committee on Financial Services of the in the conduct of the study under subsection (F) in paragraph (5), as so redesignated, by House of Representatives a report containing (a), the Administrator shall enter into a con- striking ‘‘otherwise’’ and inserting ‘‘Other- the results of the study under subsection (a). tract under which the National Academy of wise’’; and SEC. 100234. POLICY DISCLOSURES. Sciences, in consultation with the Comptroller (G) by inserting after paragraph (3) the fol- (a) IN GENERAL.—Notwithstanding any other General of the United States, shall conduct and lowing new paragraph: provision of law, in addition to any other disclo- submit to the Administrator an economic anal- ‘‘(4) Placing reinsurance coverage on insur- sures that may be required, each policy under ysis of the costs and benefits to the Federal Gov- ance provided by such program.’’; and the National Flood Insurance Program shall ernment of a flood insurance program with full

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risk-based premiums, combined with means-test- ‘‘Director’’ each place that term appears and in- ‘‘(B) RULE OF CONSTRUCTION.—Nothing in this ed Federal assistance to aid individuals who serting ‘‘Administrator’’. paragraph shall be construed as affecting or cannot afford coverage, through an insurance SEC. 100239. USE OF PRIVATE INSURANCE TO SAT- otherwise limiting the authority of a Federal en- voucher program. The analysis shall compare ISFY MANDATORY PURCHASE RE- tity for lending regulation to approve any dis- the costs of a program of risk-based rates and QUIREMENT. closure made by a regulated lending institution means-tested assistance to the current system of (a) AMENDMENTS.—Section 102(b) of the Flood for purposes of complying with subparagraph subsidized flood insurance rates and federally Disaster Protection Act of 1973 (42 U.S.C. (A). funded disaster relief for people without cov- 4012a(b)) is amended— ‘‘(7) PRIVATE FLOOD INSURANCE DEFINED.—In erage. (1) in paragraph (1)— this subsection, the term ‘private flood insur- (c) REPORT.—Not later than 270 days after the (A) by striking the period at the end and in- ance’ means an insurance policy that— date of enactment of this Act, the Administrator serting ‘‘; and’’; ‘‘(A) is issued by an insurance company that shall submit to the Committee on Banking, (B) by striking ‘‘lending institutions not to is— Housing, and Urban Affairs of the Senate and make’’ and inserting ‘‘lending institutions— ‘‘(i) licensed, admitted, or otherwise approved the Committee on Financial Services of the ‘‘(A) not to make’’; and to engage in the business of insurance in the House of Representatives a report that contains (C) by adding at the end the following: State or jurisdiction in which the insured build- the results of the study and analysis under this ‘‘(B) to accept private flood insurance as sat- ing is located, by the insurance regulator of that section. isfaction of the flood insurance coverage re- State or jurisdiction; or (d) FUNDING.—Notwithstanding section 1310 of quirement under subparagraph (A) if the cov- ‘‘(ii) in the case of a policy of difference in the National Flood Insurance Act of 1968 (42 erage provided by such private flood insurance conditions, multiple peril, all risk, or other blan- U.S.C. 4017), there shall be available to the Ad- meets the requirements for coverage under such ket coverage insuring nonresidential commercial ministrator from the National Flood Insurance subparagraph.’’; property, is recognized, or not disapproved, as a Fund, of amounts not otherwise obligated, not (2) in paragraph (2)— surplus lines insurer by the insurance regulator (A) by striking ‘‘paragraph (1)’’ each place more than $750,000 to carry out this section. of the State or jurisdiction where the property to that term appears and inserting ‘‘paragraph SEC. 100237. STUDY AND REPORT CONCERNING be insured is located; (1)(A)’’; and THE PARTICIPATION OF INDIAN ‘‘(B) provides flood insurance coverage which (B) by inserting after the first sentence the TRIBES AND MEMBERS OF INDIAN is at least as broad as the coverage provided following: ‘‘Each Federal agency lender shall TRIBES IN THE NATIONAL FLOOD IN- under a standard flood insurance policy under SURANCE PROGRAM. accept private flood insurance as satisfaction of the national flood insurance program, including (a) DEFINITION.—In this section, the term ‘‘In- the flood insurance coverage requirement under when considering deductibles, exclusions, and dian tribe’’ has the meaning given that term in the preceding sentence if the flood insurance conditions offered by the insurer; section 4 of the Indian Self-Determination and coverage provided by such private flood insur- ‘‘(C) includes— Education Assistance Act (25 U.S.C. 450b). ance meets the requirements for coverage under ‘‘(i) a requirement for the insurer to give 45 (b) FINDINGS.—Congress finds that participa- such sentence.’’; days’ written notice of cancellation or non-re- tion by Indian tribes in the National Flood In- (3) in paragraph (3), in the matter following newal of flood insurance coverage to— surance Program is low. Only 45 of 565 Indian subparagraph (B), by striking ‘‘paragraph (1).’’ ‘‘(I) the insured; and tribes participate in the National Flood Insur- and inserting ‘‘paragraph (1)(A). The Federal ‘‘(II) the regulated lending institution or Fed- ance Program. National Mortgage Association and the Federal eral agency lender; (c) STUDY.—The Comptroller General of the Home Loan Mortgage Corporation shall accept United States, in coordination and consultation private flood insurance as satisfaction of the ‘‘(ii) information about the availability of with Indian tribes and members of Indian tribes flood insurance coverage requirement under flood insurance coverage under the national throughout the United States, shall carry out a paragraph (1)(A) if the flood insurance coverage flood insurance program; study that examines— provided by such private flood insurance meets ‘‘(iii) a mortgage interest clause similar to the (1) the factors contributing to the current the requirements for coverage under such para- clause contained in a standard flood insurance rates of participation by Indian tribes and mem- graph and any requirements established by the policy under the national flood insurance pro- bers of Indian tribes in the National Flood In- Federal National Mortgage Association or the gram; and surance Program; and Federal Home Loan Mortgage Corporation, re- ‘‘(iv) a provision requiring an insured to file (2) methods of encouraging participation by spectively, relating to the financial solvency, suit not later than 1 year after date of a written Indian tribes and members of Indian tribes in strength, or claims-paying ability of private in- denial of all or part of a claim under the policy; the National Flood Insurance Program. surance companies from which the Federal Na- and (d) REPORT.—Not later than 6 months after tional Mortgage Association or the Federal ‘‘(D) contains cancellation provisions that are the date of enactment of this Act, the Comp- Home Loan Mortgage Corporation will accept as restrictive as the provisions contained in a troller General shall submit to Congress a report private flood insurance.’’; and standard flood insurance policy under the na- that— (4) by adding at the end the following: tional flood insurance program.’’. (1) contains the results of the study carried ‘‘(5) RULE OF CONSTRUCTION.—Nothing in this (b) TECHNICAL AND CONFORMING AMEND- out under subsection (c); subsection shall be construed to supersede or MENT.—Section 1364(a)(3)(C) of the National (2) describes the steps that the Administrator limit the authority of a Federal entity for lend- Flood Insurance Act of 1968 (42 U.S.C. should take to increase awareness and encour- ing regulation, the Federal Housing Finance 4104a(a)(3)(C)) is amended by inserting after age participation by Indian tribes and members Agency, a Federal agency lender, the Federal ‘‘private insurers’’ the following: ‘‘, as required of Indian tribes in the National Flood Insurance National Mortgage Association, or the Federal under section 102(b)(6) of the Flood Disaster Program; and Home Loan Mortgage Corporation to establish Protection Act of 1973 (42 U.S.C. 4012a(b)(6))’’. (3) identifies any legislative changes that requirements relating to the financial solvency, SEC. 100240. LEVEES CONSTRUCTED ON CERTAIN would encourage participation by Indian tribes strength, or claims-paying ability of private in- PROPERTIES. and members of Indian tribes in the National surance companies from which the entity or (a) DEFINITION.—In this section, the term Flood Insurance Program. agency will accept private flood insurance. ‘‘covered hazard mitigation land’’ means land SEC. 100238. TECHNICAL CORRECTIONS. ‘‘(6) NOTICE.— that— (a) FLOOD DISASTER PROTECTION ACT OF ‘‘(A) IN GENERAL.—Each lender shall disclose (1) was acquired and deed restricted under 1973.—The Flood Disaster Protection Act of 1973 to a borrower that is subject to this subsection section 1366 of the National Flood Insurance Act (42 U.S.C. 4002 et seq.) is amended— that— of 1968 (42 U.S.C. 4104c) during the period begin- (1) by striking ‘‘Director’’ each place that ‘‘(i) flood insurance is available from private ning on January 1, 1999, and ending December term appears, except in section 102(f)(3) (42 insurance companies that issue standard flood 31, 2011; U.S.C. 4012a(f)(3)), and inserting ‘‘Adminis- insurance policies on behalf of the national (2) is located at— trator’’; and flood insurance program or directly from the na- (A) 1029 Oak Street, Fargo, North Dakota; (2) in section 201(b) (42 U.S.C. 4105(b)), by tional flood insurance program; (B) 27 South Terrace, Fargo, North Dakota; striking ‘‘Director’s’’ and inserting ‘‘Adminis- ‘‘(ii) flood insurance that provides the same (C) 1033 Oak Street, Fargo, North Dakota; trator’s’’. level of coverage as a standard flood insurance (D) 308 Schnell Drive, Oxbow, North Dakota; (b) NATIONAL FLOOD INSURANCE ACT OF policy under the national flood insurance pro- or 1968.—The National Flood Insurance Act of 1968 gram may be available from a private insurance (E) 306 Schnell Drive, Oxbow, North Dakota; (42 U.S.C. 4001 et seq.) is amended— company that issues policies on behalf of the and (1) by striking ‘‘Director’’ each place that company; and (3) is located in a community that— term appears and inserting ‘‘Administrator’’; ‘‘(iii) the borrower is encouraged to compare (A) is participating in the National Flood In- (2) in section 1363 (42 U.S.C. 4104), by striking the flood insurance coverage, deductibles, exclu- surance Program on the date on which a State, ‘‘Director’s’’ each place that term appears and sions, conditions and premiums associated with local, or tribal government submits an applica- inserting ‘‘Administrator’s’’; and flood insurance policies issued on behalf of the tion requesting to construct a permanent flood (3) in section 1370(a)(9) (42 U.S.C. 4121(a)(9)), national flood insurance program and policies risk reduction levee under subsection (b); and by striking ‘‘the Office of Thrift Supervision,’’. issued on behalf of private insurance companies (B) certifies to the Administrator and the (c) FEDERAL FLOOD INSURANCE ACT OF 1956.— and to direct inquiries regarding the avail- Chief of Engineers that the community will con- Section 15(e) of the Federal Flood Insurance Act ability, cost, and comparisons of flood insurance tinue to participate in the National Flood Insur- of 1956 (42 U.S.C. 2414(e)) is amended by striking coverage to an insurance agent. ance Program.

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(b) AUTHORITY.—Notwithstanding any other that is a result of, or is exacerbated by, post- ‘‘(ii) in the case of a building code enforce- prohibition on construction on property ac- wildfire conditions, after consultation with an ment department serving an area with a popu- quired with funding from the Federal Emer- authorized employee of the Federal agency that lation of between 20,001 and 50,000, equal to not gency Management Agency for conversion to has jurisdiction of the land on which the wild- less than 25 percent of the total amount of any open space purposes, the Administrator shall fire that caused the post-wildfire conditions oc- funds made available under this title that are allow the construction of a permanent flood risk curred; and used under this paragraph; and reduction levee by a State, local, or tribal gov- ‘‘(ii) the flood insurance coverage was pur- ‘‘(iii) in the case of a building code enforce- ernment on covered hazard mitigation land if— chased not later than 60 days after the fire con- ment department serving an area with a popu- (1) the Administrator and the Chief of Engi- tainment date, as determined by the appropriate lation of less than 20,000, equal to not less than neers make a determination that— Federal employee, relating to the wildfire that 12.5 percent of the total amount of any funds (A) construction of the proposed permanent caused the post-wildfire conditions described in made available under this title that are used flood risk reduction levee would more effectively clause (i).’’. under this paragraph, mitigate against flooding risk than an open SEC. 100242. PERMISSIBLE LAND USE UNDER FED- except that the Secretary may waive the match- floodplain or other flood risk reduction meas- ERAL FLOOD INSURANCE PLAN. ing fund requirements under this subparagraph, ures; Chapter I of the National Flood Insurance Act in whole or in part, based upon the level of eco- (B) the proposed permanent flood risk reduc- of 1968 (42 U.S.C. 4011 et seq.) is amended by nomic distress of the jurisdiction in which is lo- tion levee complies with Federal, State, and adding at the end the following: cated the local building code enforcement de- local requirements, including mitigation of ad- ‘‘SEC. 1325. TREATMENT OF SWIMMING POOL EN- partment that is using amounts for purposes verse impacts and implementation of floodplain CLOSURES OUTSIDE OF HURRICANE under this paragraph, and shall waive such management requirements, which shall include SEASON. matching fund requirements in whole for any an evaluation of whether the construction, op- ‘‘(a) IN GENERAL.—Notwithstanding any other recipient jurisdiction that has dedicated all eration, and maintenance of the proposed provision of law, including the adequate land building code permitting fees to the conduct of levee— use and control measures developed pursuant to local building code enforcement; and (i) would continue to meet best available in- section 1361 and applicable to non-one- and ‘‘(B) any building code enforcement depart- dustry standards and practices; two-family structures located within coastal (ii) would be the most cost-effective measure to areas, as identified by the Administrator, the ment using funds made available under this title protect against the assessed flood risk; and following may be permitted: for purposes under this paragraph shall (iii) minimizes future costs to the Federal Gov- ‘‘(1) Nonsupporting breakaway walls in the empanel a code administration and enforcement ernment; space below the lowest elevated floor of a build- team consisting of at least 1 full-time building (C) the State, local, or tribal government seeking, if the space is used solely for a swimming code enforcement officer, a city planner, and a ing to construct the proposed permanent flood pool between November 30 and June 1 of any health planner or similar officer; and risk reduction levee has provided an adequate year, in an area designated as Zone V on a ‘‘(28) provision of assistance to local govern- maintenance plan that documents the proce- flood insurance rate map. mental agencies responsible for floodplain man- dures the State, local, or tribal government will ‘‘(2) Openings in walls in the space below the agement activities (including such agencies of use to ensure that the stability, height, and lowest elevated floor of a building, if the space Indians tribes, as such term is defined in section overall integrity of the proposed levee and the is used solely for a swimming pool between No- 4 of the Native American Housing Assistance structure and systems of the proposed levee are vember 30 and June 1 of any year, in an area and Self-Determination Act of 1996 (25 U.S.C. maintained, including— designated as Zone A on a flood insurance rate 4103)) in communities that participate in the na- (i) specifying the maintenance activities to be map. tional flood insurance program under the Na- performed; ‘‘(b) RULE OF CONSTRUCTION.—Nothing in tional Flood Insurance Act of 1968 (42 U.S.C. (ii) specifying the frequency with which main- subsection (a) shall be construed to alter the 4001 et seq.), only for carrying out outreach ac- tenance activities will be performed; terms and conditions of eligibility and insur- tivities to encourage and facilitate the purchase (iii) specifying the person responsible for per- ability of coverage for a building under the of flood insurance protection under such Act by forming each maintenance activity (by name or standard flood insurance policy under the na- owners and renters of properties in such commu- title); tional flood insurance program.’’. nities and to promote educational activities that (iv) detailing the plan for financing the main- SEC. 100243. CDBG ELIGIBILITY FOR FLOOD IN- increase awareness of flood risk reduction; ex- tenance of the levee; and SURANCE OUTREACH ACTIVITIES cept that— (v) documenting the ability of the State, local, AND COMMUNITY BUILDING CODE ‘‘(A) amounts used as provided under this or tribal government to finance the maintenance ADMINISTRATION GRANTS. paragraph shall be used only for activities de- of the levee; and (a) AMENDMENTS.—Section 105(a) of the Hous- signed to— (2) before the commencement of construction, ing and Community Development Act of 1974 (42 ‘‘(i) identify owners and renters of properties the State, local, or tribal government provides to U.S.C. 5305(a)) is amended— in communities that participate in the national the Administrator an amount— (1) by redesignating paragraph (25) as para- flood insurance program, including owners of (A) equal to the Federal share of all project graph (26); residential and commercial properties; costs previously provided by the Administrator (2) by redesignating the second paragraph ‘‘(ii) notify such owners and renters when under the applicable program for each deed redesignated as paragraph (24) (relating to tor- their properties become included in, or when stricted parcel of the covered hazard mitigation nado-safe shelters) as paragraph (25); they are excluded from, an area having special (3) in paragraph (24) (relating to homeowner- land, which the Administrator shall deposit in flood hazards and the effect of such inclusion or ship among persons with low and moderate in- the National Flood Insurance Fund; and exclusion on the applicability of the mandatory come), by striking ‘‘and’’ at the end; (B) that does not include any Federal funds. flood insurance purchase requirement under (c) MAINTENANCE CERTIFICATION.— (4) in paragraph (25), as so redesignated, by section 102 of the Flood Disaster Protection Act (1) IN GENERAL.—A State, local, or tribal gov- striking ‘‘and’’ at the end; of 1973 (42 U.S.C. 4012a) to such properties; ernment that constructs a permanent flood risk (5) in paragraph (26), as so redesignated, by ‘‘(iii) educate such owners and renters regard- reduction levee under subsection (b) shall sub- striking the period at the end and inserting a ing the flood risk and reduction of this risk in mit to the Administrator and the Chief of Engi- semicolon; and their community, including the continued flood neers an annual certification indicating wheth- (6) by adding at the end the following new risks to areas that are no longer subject to the er the State, local, or tribal government is in paragraphs: flood insurance mandatory purchase require- compliance with the maintenance plan provided ‘‘(27) supplementing existing State or local ment; under subsection (b)(1)(C). funding for administration of building code en- ‘‘(iv) educate such owners and renters regard- (2) REVIEW.—The Chief of Engineers shall re- forcement by local building code enforcement view each certification submitted under para- departments, including for increasing staffing, ing the benefits and costs of maintaining or ac- graph (1) and determine whether the State, providing staff training, increasing staff com- quiring flood insurance, including, where appli- local, or tribal government has complied with petence and professional qualifications, and cable, lower-cost preferred risk policies under the maintenance plan. supporting individual certification or depart- this title for such properties and the contents of mental accreditation, and for capital expendi- such properties; SEC. 100241. INSURANCE COVERAGE FOR PRIVATE ‘‘(v) encourage such owners and renters to PROPERTIES AFFECTED BY FLOOD- tures specifically dedicated to the administra- ING FROM FEDERAL LANDS. tion of the building code enforcement depart- maintain or acquire such coverage; Section 1306(c)(2) of the National Flood Insur- ment, except that, to be eligible to use amounts ‘‘(vi) notify such owners of where to obtain ance Act of 1968 (42 U.S.C. 4013(c)(2)) is amend- as provided in this paragraph— information regarding how to obtain such cov- ed— ‘‘(A) a building code enforcement department erage, including a telephone number, mailing (1) in subparagraph (A), by striking ‘‘or’’ at shall provide matching, non-Federal funds to be address, and Internet site of the Administrator the end; used in conjunction with amounts used under of the Federal Emergency Management Agency (2) in subparagraph (B), by striking the period this paragraph in an amount— (in this paragraph referred to as the ‘Adminis- at the end and inserting ‘‘; or’’; and ‘‘(i) in the case of a building code enforcement trator’) where such information is available; (3) by adding at the end the following: department serving an area with a population and ‘‘(C) the initial purchase of flood insurance of more than 50,000, equal to not less than 50 ‘‘(vii) educate local real estate agents in com- coverage for private property if— percent of the total amount of any funds made munities participating in the national flood in- ‘‘(i) the Administrator determines that the available under this title that are used under surance program regarding the program and the property is affected by flooding on Federal land this paragraph; availability of coverage under the program for

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FEMA AUTHORITY ON TRANSFER OF (d) CONSULTATION.—In carrying out the study the agency will contribute from non-Federal POLICIES. and report under subsection (a), the Director of funds to be used with such amounts used under Section 1345 of the National Flood Insurance the Federal Insurance Office shall consult with this paragraph only for carrying out activities Act of 1968 (42 U.S.C. 4081) is amended by add- the National Academy of Sciences, State insur- described in subparagraph (A); and for purposes ing at the end the following new subsection: ance regulators, consumer organizations, rep- of this subparagraph, the term ‘non-Federal ‘‘(d) FEMA AUTHORITY ON TRANSFER OF POLI- resentatives of the insurance and reinsurance funds’ includes State or local government agen- CIES.—Notwithstanding any other provision of industry, policyholders, and other organizations cy amounts, in-kind contributions, any salary this title, the Administrator may, at the discre- and experts, as appropriate. paid to staff to carry out the eligible activities of tion of the Administrator, refuse to accept the SEC. 100248. FLOOD PROTECTION IMPROVE- the local governmental agency involved, the transfer of the administration of policies for MENTS CONSTRUCTED ON CERTAIN value of the time and services contributed by coverage under the flood insurance program PROPERTIES. volunteers to carry out such services (at a rate under this title that are written and adminis- (a) DEFINITION.—In this section, the term determined by the Secretary), and the value of tered by any insurance company or other in- ‘‘covered hazard mitigation land’’ means land any donated material or building and the value surer, or any insurance agent or broker.’’. that— of any lease on a building; SEC. 100246. REIMBURSEMENT OF CERTAIN EX- (1) was acquired and deed restricted under ‘‘(C) a local governmental agency that uses PENSES. section 1366 of the National Flood Insurance Act amounts as provided under this paragraph may Section 1363 of the National Flood Insurance of 1968 (42 U.S.C. 4104c) during the period begin- coordinate or contract with other agencies and Act of 1968 (42 U.S.C. 4104) is amended by strik- ning on March 1, 2008, and ending on December entities having particular capacities, specialties, ing subsection (f) and inserting the following: 31, 2008; or experience with respect to certain populations ‘‘(f) REIMBURSEMENT OF CERTAIN EXPENSES.— (2) is located at— or constituencies, including elderly or disabled When, incident to any appeal under subsection (A) 809 East Main Cross Street, Findlay, Ohio, families or persons, to carry out activities de- (b) or (c) of this section, the owner or lessee of 45840; scribed in subparagraph (A) with respect to real property or the community, as the case may (B) 801 East Main Cross Street, Findlay, Ohio, such populations or constituencies; and be, incurs expense in connection with the serv- 45840; ‘‘(D) each local government agency that uses ices of surveyors, engineers, or similar services, (C) 725 East Main Cross Street, Findlay, Ohio, amounts as provided under this paragraph shall but not including legal services, in the effecting 45840; or submit a report to the Secretary and the Admin- of an appeal based on a scientific or technical (D) 631 East Main Cross Street, Findlay, istrator, not later than 12 months after such error on the part of the Federal Emergency Ohio, 45840; and amounts are first received, which shall include Management Agency, which is successful in (3) is located in a community that— such information as the Secretary and the Ad- whole or part, the Administrator shall reimburse (A) is participating in the National Flood In- ministrator jointly consider appropriate to de- such individual or community to an extent surance Program on the date on which a State, scribe the activities conducted using such measured by the ratio of the successful portion local, or tribal government submits an applica- amounts and the effect of such activities on the of the appeal as compared to the entire appeal tion requesting to construct a flood protection retention or acquisition of flood insurance cov- and applying such ratio to the reasonable value improvement under subsection (b); and erage.’’. of all such services, but no reimbursement shall (B) certifies to the Administrator and the (b) SUNSET.—Effective on the date that is 2 be made by the Administrator in respect to any Chief of Engineers that the community will con- years after the date of enactment of this Act, fee or expense payment, the payment of which tinue to participate in the National Flood Insur- section 105(a) of the Housing and Community was agreed to be contingent upon the result of ance Program. Development Act of 1974 (42 U.S.C. 5305(a)) is the appeal. The amounts available for imple- (b) AUTHORITY.—Notwithstanding any other amended— menting this subsection shall not exceed prohibition on construction on property ac- (1) in paragraph (25), as so redesignated by $250,000. The Administrator shall promulgate quired with funding from the Federal Emer- subsection (a) of this subsection, by adding regulations to carry out this subsection.’’. gency Management Agency for conversion to ‘‘and’’ at the end; SEC. 100247. FIO STUDY ON RISKS, HAZARDS, AND open space purposes, the Administrator shall (2) in paragraph (26), as so redesignated by INSURANCE. allow the construction of a flood protection im- subsection (a) of this subsection, by striking the (a) IN GENERAL.—Not later than 1 year after provement by a State, local, or tribal govern- semicolon at the end and inserting a period; and the date of enactment of this Act, the Director ment on covered hazard mitigation land if— (3) by striking paragraphs (27) and (28), as of the Federal Insurance Office shall conduct a (1) the Administrator and the Chief of Engi- added by subsection (a) of this subsection. study and submit to the Committee on Banking, neers make a determination that— SEC. 100244. TERMINATION OF FORCE-PLACED IN- Housing, and Urban Affairs of the Senate and (A) construction of the proposed flood protec- SURANCE. the Committee on Financial Services of the tion improvement would more effectively miti- (a) IN GENERAL.—Section 102(e) of the Flood House of Representatives a report providing an gate against flooding risk than an open flood- Disaster Protection Act of 1973 (42 U.S.C. assessment of the current state of the market for plain or other flood risk reduction measures; 4012a(e)) is amended— natural catastrophe insurance in the United (B) the proposed flood protection improvement (1) in paragraph (2), by striking ‘‘purchasing States. complies with Federal, State, and local require- the insurance’’ and inserting ‘‘purchasing the (b) FACTORS.—The study and report required ments, including mitigation of adverse impacts insurance, including premiums or fees incurred under subsection (a) shall assess— and implementation of floodplain management for coverage beginning on the date on which (1) the current condition of, as well as the requirements, which shall include an evaluation flood insurance coverage lapsed or did not pro- outlook for, the availability and affordability of of whether the construction, operation, and vide a sufficient coverage amount’’; insurance for natural catastrophe perils in all maintenance of the proposed flood protection (2) by redesignating paragraphs (3) and (4) as regions of the United States; improvement— paragraphs (5) and (6), respectively; and (2) the current ability of States, communities, (i) would continue to meet best available in- (3) by inserting after paragraph (2) the fol- and individuals to mitigate their natural catas- dustry standards and practices; lowing new paragraphs: trophe risks, including the affordability and (ii) would be the most cost-effective measure to ‘‘(3) TERMINATION OF FORCE-PLACED INSUR- feasibility of such mitigation activities; protect against the assessed flood risk; and ANCE.—Within 30 days of receipt by the lender (3) the current state of catastrophic insurance (iii) minimizes future costs to the Federal Gov- or servicer of a confirmation of a borrower’s ex- and reinsurance markets and the current ap- ernment; isting flood insurance coverage, the lender or proaches in providing insurance protection to (C) the State, local, or tribal government seek- servicer shall— different sectors of the population of the United ing to construct the flood protection improve- ‘‘(A) terminate any insurance purchased by States; ment has provided an adequate maintenance the lender or servicer under paragraph (2); and (4) the current financial condition of State re- plan that documents the procedures the State, ‘‘(B) refund to the borrower all premiums paid sidual markets and catastrophe funds in high- local, or tribal government will use to ensure by the borrower for any insurance purchased by risk regions, including the likelihood of insol- that the stability, height, and overall integrity the lender or servicer under paragraph (2) dur- vency following a natural catastrophe, the con- of the proposed flood protection improvement ing any period during which the borrower’s centration of risks within such funds, the reli- and the structure and systems of the proposed flood insurance coverage and the insurance cov- ance on post-event assessments and State fund- flood protection improvement are maintained, erage purchased by the lender or servicer were ing, and the adequacy of rates; and including— each in effect, and any related fees charged to (5) the current role of the Federal Government (i) specifying the maintenance activities to be the borrower with respect to the insurance pur- and State and local governments in providing performed;

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(ii) specifying the frequency with which main- fined surface circulation and maximum winds of ‘‘(5) FINALITY OF DETERMINATIONS.—A certifi- tenance activities will be performed; at least 39 miles per hour which the National cation of the degree of accuracy of a post-storm (iii) specifying the person responsible for per- Hurricane Center of the United States National assessment under this subsection by the Admin- forming each maintenance activity (by name or Weather Service names as a tropical storm or a istrator shall be final and shall not be subject to title); hurricane. judicial review. (iv) detailing the plan for financing the main- ‘‘(7) NAMED STORM EVENT MODEL.—The term ‘‘(6) AVAILABILITY.—The Administrator shall tenance of the flood protection improvement; ‘Named Storm Event Model’ means the official make available to the public the Named Storm and meteorological and oceanographic computerized Event Model and any post-storm assessment de- (v) documenting the ability of the State, local, model, developed by the Administrator under veloped under this subsection. or tribal government to finance the maintenance subsection (b)(1)(A), which utilizes covered data ‘‘(c) ESTABLISHMENT OF A PROTOCOL FOR of the flood protection improvement; and to replicate the magnitude, timing, and spatial POST-STORM ASSESSMENT.— (2) before the commencement of construction, variations of winds, rainfall, and storm surges ‘‘(1) IN GENERAL.—Not later than 540 days the State, local, or tribal government provides to associated with named storms that threaten any after the date of the enactment of the Consumer the Administrator an amount— portion of a coastal State. Option for an Alternative System to Allocate (A) equal to the Federal share of all project ‘‘(8) PARTICIPANT.—The term ‘participant’ Losses Act of 2012, the Administrator shall es- costs previously provided by the Administrator means a Federal, State, or private entity that tablish a protocol, based on the plan submitted under the applicable program for each deed re- chooses to cooperate with the Administrator in under subsection (d)(3), to collect and assemble stricted parcel of the covered hazard mitigation carrying out the provisions of this section by all covered data required by the Administrator land, which the Administrator shall deposit in collecting, contributing, and maintaining cov- to produce post-storm assessments required by the National Flood Insurance Fund; and ered data. subsection (b), including assembling data col- (B) that does not include any Federal funds. ‘‘(9) POST-STORM ASSESSMENT.—The term lected by participants and stored in the data- (c) MAINTENANCE CERTIFICATION.— ‘post-storm assessment’ means a scientific as- base established under subsection (f) and from (1) IN GENERAL.—A State, local, or tribal gov- sessment produced and certified by the Adminis- such other sources as the Administrator con- ernment that constructs a flood protection im- trator to determine the magnitude, timing, and siders appropriate. provement under subsection (b) shall submit to spatial variations of winds, rainfall, and storm ‘‘(2) ACQUISITION OF SENSORS AND STRUC- the Administrator and the Chief of Engineers an surges associated with a specific named storm to TURES.—If the Administrator is unable to use a annual certification indicating whether the be used in the COASTAL Formula. public or private asset to obtain covered data as State, local, or tribal government is in compli- ‘‘(10) STATE.—The term ‘State’ means a State part of the protocol established under para- ance with the maintenance plan provided under of the United States, the District of Columbia, graph (1), the Administrator may acquire such subsection (b)(1)(C). the Commonwealth of Puerto Rico, and any sensors and structures for the placement of sen- (2) REVIEW.—The Chief of Engineers shall re- other territory or possession of the United sors as may be necessary to obtain such data. view each certification submitted under para- States. ‘‘(3) USE OF FEDERAL ASSETS.—If the protocol graph (1) and determine whether the State, ‘‘(b) NAMED STORM EVENT MODEL AND POST- requires placement of a sensor to develop assess- local, or tribal government has complied with STORM ASSESSMENT.— ments pursuant to subsection (b), the Adminis- the maintenance plan. ‘‘(1) ESTABLISHMENT OF NAMED STORM EVENT trator shall, to the extent practicable, use Fed- SEC. 100249. NO CAUSE OF ACTION. MODEL.— eral assets for the placement of such sensors. No cause of action shall exist and no claim ‘‘(A) IN GENERAL.—Not later than 540 days ‘‘(4) USE OF ACQUIRED STRUCTURES.— may be brought against the United States for after the date of the enactment of the Consumer ‘‘(A) IN GENERAL.—If the Administrator ac- violation of any notification requirement im- Option for an Alternative System to Allocate quires a structure for the placement of a sensor posed upon the United States by this subtitle or Losses Act of 2012, the Administrator shall de- for purposes of such protocol, the Administrator any amendment made by this subtitle. velop by regulation the Named Storm Event shall to the extent practical permit other public Model. Subtitle B—Alternative Loss Allocation and private entities to place sensors on such ‘‘(B) ACCURACY.—The Named Storm Event structure to collect— SEC. 100251. SHORT TITLE. Model shall be designed to generate post-storm ‘‘(i) meteorological data; This subtitle may be cited as the ‘‘Consumer assessments, as provided in paragraph (2), that ‘‘(ii) national security-related data; Option for an Alternative System to Allocate have a degree of accuracy of not less than 90 ‘‘(iii) navigation-related data; Losses Act of 2012’’ or the ‘‘COASTAL Act of percent for every indeterminate loss for which a ‘‘(iv) hydrographic data; or 2012’’. post-storm assessment is utilized. ‘‘(v) such other data as the Administrator SEC. 100252. ASSESSING AND MODELING NAMED ‘‘(2) POST-STORM ASSESSMENT.— considers appropriate. STORMS OVER COASTAL STATES. ‘‘(A) IDENTIFICATION OF NAMED STORMS ‘‘(B) RECEIPT OF CONSIDERATION.—The Ad- Subtitle C of title XII of the Omnibus Public THREATENING COASTAL STATES.—After the estab- ministrator may receive consideration for the Land Management Act of 2009 (33 U.S.C. 3601 et lishment of the COASTAL Formula, the Admin- placement of a sensor on a structure under sub- seq.) (also known as the ‘‘Integrated Coastal istrator shall, in consultation with the Secretary paragraph (A). and Ocean Observation System Act of 2009’’) is of Homeland Security, identify named storms ‘‘(C) IN-KIND CONSIDERATION.—Consideration amended by adding at the end the following: that may reasonably constitute a threat to any received under subparagraph (B) may be re- ‘‘SEC. 12312. ASSESSING AND MODELING NAMED portion of a coastal State. ceived in-kind. STORMS OVER COASTAL STATES. ‘‘(B) POST-STORM ASSESSMENT REQUIRED.— ‘‘(D) USE OF CONSIDERATION.—To the extent ‘‘(a) DEFINITIONS.—In this section: Upon identification of a named storm under practicable, consideration received under sub- ‘‘(1) COASTAL FORMULA.—The term ‘COAST- subparagraph (A), the Administrator shall de- paragraph (B) shall be used for the mainte- AL Formula’ has the meaning given the term in velop a post-storm assessment for such named nance of sensors used to collect covered data. section 1337(a) of the National Flood Insurance storm using the Named Storm Event Model and ‘‘(5) COORDINATED DEPLOYMENTS AND DATA Act of 1968. covered data collected for such named storm COLLECTION PRACTICES.—The Administrator ‘‘(2) COASTAL STATE.—The term ‘coastal State’ pursuant to the protocol established under sub- shall, in consultation with the Office of the has the meaning given the term ‘coastal state’ in section (c)(1). Federal Coordinator for Meteorology, coordinate section 304 of the Coastal Zone Management Act ‘‘(C) SUBMITTAL OF POST-STORM ASSESS- the deployment of sensors as part of the protocol of 1972 (16 U.S.C. 1453). MENT.—Not later than 90 days after an identi- established under paragraph (1) and related ‘‘(3) COASTAL WATERS.—The term ‘coastal fication of a named storm is made under sub- data collection carried out by Federal, State, waters’ has the meaning given the term in such paragraph (A), the Administrator shall submit academic, and private entities who choose to co- section. to the Secretary of Homeland Security the post- operate with the Administrator in carrying out ‘‘(4) COVERED DATA.—The term ‘covered data’ storm assessment developed for such storm this subsection. means, with respect to a named storm identified under subparagraph (B). ‘‘(6) PRIORITY ACQUISITION AND DEPLOY- by the Administrator under subsection (b)(2)(A), ‘‘(3) ACCURACY.—The Administrator shall en- MENT.—The Administrator shall give priority in empirical data that are— sure, to the greatest extent practicable, that the acquisition for and deployment of sensors ‘‘(A) collected before, during, or after such each post-storm assessment developed under under the protocol required by paragraph (1) to storm; and paragraph (2) has a degree of accuracy of not areas of coastal States that have the highest ‘‘(B) necessary to determine magnitude and less than 90 percent. risk of being harmed by named storms. timing of wind speeds, rainfall, the barometric ‘‘(4) CERTIFICATION.—For each post-storm as- ‘‘(d) ASSESSMENT OF SYSTEMS AND EFFORTS TO pressure, river flows, the extent, height, and sessment carried out under paragraph (2), the COLLECT COVERED DATA.— timing of storm surge, topographic and bathy- Administrator shall— ‘‘(1) IDENTIFICATION OF SYSTEMS AND EFFORTS metric data, and other measures required to ac- ‘‘(A) certify the degree of accuracy for such TO COLLECT COVERED DATA.—Not later than 180 curately model and assess damage from such assessment, including specific reference to any days after the date of the enactment of the Con- storm. segments or geographic areas for which the as- sumer Option for an Alternative System to Allo- ‘‘(5) INDETERMINATE LOSS.—The term ‘indeter- sessment is less than 90 percent accurate; and cate Losses Act of 2012, the Administrator shall, minate loss’ has the meaning given the term in ‘‘(B) report such certification to the Secretary in consultation with the Office of the Federal section 1337(a) of the National Flood Insurance of Homeland Security for the purposes of use Coordinator for Meteorology— Act of 1968. with indeterminate loss claims under section ‘‘(A) carry out a survey to identify all Federal ‘‘(6) NAMED STORM.—The term ‘named storm’ 1337 of the National Flood Insurance Act of and State efforts and systems that are capable means any organized weather system with a de- 1968. of collecting covered data; and

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‘‘(B) consult with private and academic sector sumer Option for an Alternative System to Allo- ‘‘(1) IN GENERAL.—Not later than 180 days entities to identify domestic private and aca- cate Losses Act of 2012, which audit shall— after the date on which the protocol is estab- demic systems that are capable of collecting cov- ‘‘(A) examine duplicated Federal efforts to lished under section 12312(c)(1) of the Omnibus ered data. collect covered data; and Public Land Management Act of 2009, the Sec- ‘‘(2) IDENTIFICATION OF GAPS.—The Adminis- ‘‘(B) determine the cost effectiveness of such retary, acting through the Administrator and in trator shall, in consultation with the Office of efforts; and consultation with the Under Secretary, shall es- the Federal Coordinator for Meteorology and in- ‘‘(2) submit to the Committee on Banking, tablish by rule a standard formula to determine dividuals and entities consulted under sub- Housing, and Urban Affairs and the Commerce, and allocate wind losses and flood losses for section (e)(3), assess the systems identified Science, and Transportation of the Senate and claims involving indeterminate losses. under paragraph (1) and identify which systems the Committee on Financial Services and the ‘‘(2) CONTENTS.—The standard formula estab- meet the needs of the National Oceanic and At- Committee on Science, Space, and Technology of lished under paragraph (1) shall— mospheric Administration for the collection of the House of Representatives a report on the ‘‘(A) incorporate data available from the covered data, including with respect to the ac- findings of the Comptroller General with respect Coastal Wind and Water Event Database estab- curacy requirement for post-storm assessment to the audit completed under paragraph (1).’’. lished under section 12312(f) of the Omnibus under subsection (b)(3). SEC. 100253. ALTERNATIVE LOSS ALLOCATION Public Land Management Act of 2009; ‘‘(3) PLAN.—Not later than 270 days after the SYSTEM FOR INDETERMINATE ‘‘(B) use relevant data provided on the Na- date of the enactment of the Consumer Option CLAIMS. tional Flood Insurance Program Elevation Cer- for an Alternative System to Allocate Losses Act Part A of chapter II of the National Flood In- tificate for each indeterminate loss for which of 2012, the Administrator shall, in consultation surance Act of 1968 (42 U.S.C. 4051 et seq.) is the formula is used; with the Office of the Federal Coordinator for amended by adding at the end the following: ‘‘(C) consider any sufficient and credible evi- Meteorology, submit to Congress a plan for the ‘‘SEC. 1337. ALTERNATIVE LOSS ALLOCATION SYS- dence, approved by the Administrator, of the collection of covered data necessary to develop TEM FOR INDETERMINATE CLAIMS. pre-event condition of a specific property, in- the Named Storm Event Model and post-storm ‘‘(a) DEFINITIONS.—In this section: cluding the findings of any policyholder or in- assessment required by subsection (b) that ad- ‘‘(1) ADMINISTRATOR.—The term ‘Adminis- surance claims adjuster in connection with the dresses any gaps identified in paragraph (2). trator’ means the Administrator of the Federal indeterminate loss to that specific property; ‘‘(e) COORDINATION OF COVERED DATA COL- Emergency Management Agency. ‘‘(D) include other measures, as the Adminis- ‘‘(2) COASTAL FORMULA.—The term ‘COAST- LECTION AND MAINTENANCE BY PARTICIPANTS.— trator considers appropriate, required to deter- ‘‘(1) IN GENERAL.—The Administrator shall, in AL Formula’ means the formula established mine and allocate by mathematical formula the consultation with the Office of the Federal Co- under subsection (b). property damage caused by flood or storm surge ‘‘(3) COASTAL STATE.—The term ‘coastal State’ ordinator for Meteorology, coordinate the collec- associated with a named storm; and has the meaning given the term ‘coastal state’ in tion and maintenance of covered data by par- ‘‘(E) subject to paragraph (3), for each inde- section 304 of the Coastal Zone Management Act ticipants under this section— terminate loss, use the post-storm assessment to ‘‘(A) to streamline the process of collecting of 1972 (16 U.S.C. 1453). allocate water damage (flood or storm surge) as- ‘‘(4) INDETERMINATE LOSS.— covered data in accordance with the protocol es- sociated with a named storm. ‘‘(A) IN GENERAL.—The term ‘indeterminate tablished under subsection (c)(1); and ‘‘(3) DEGREE OF ACCURACY REQUIRED.—The loss’ means, as determined by an insurance ‘‘(B) to maintain transparency of such process standard formula established under paragraph claims adjuster certified under the national and the database established under subsection (1) shall specify that the Administrator may flood insurance program and in consultation (f). only use the post-storm assessment for purposes with an engineer as appropriate, a loss resulting ‘‘(2) SHARING INFORMATION.—The Adminis- of the formula if the Under Secretary certifies trator shall establish a process for sharing from physical damage to, or loss of, property lo- that the post-storm assessment has a degree of among participants information relevant to col- cated in any coastal State arising from the com- accuracy of not less than 90 percent in connec- lecting and using covered data for— bined perils of flood and wind associated with a tion with the specific indeterminate loss for ‘‘(A) academic research; named storm. which the assessment and formula are used. ‘‘(B) private sector use; ‘‘(B) REQUIREMENTS.—An insurance claims ‘‘(c) AUTHORIZED USE OF POST-STORM ASSESS- ‘‘(C) public outreach; and adjuster certified under the national flood in- MENT AND COASTAL FORMULA.— ‘‘(D) such other purposes as the Administrator surance program shall only determine that a ‘‘(1) IN GENERAL.—Subject to paragraph (3), considers appropriate. loss is an indeterminate loss if the claims ad- the Administrator may use the post-storm as- ‘‘(3) CONSULTATION.—In carrying out para- juster determines that— sessment and the COASTAL Formula to— graphs (1) and (2), the Administrator shall con- ‘‘(i) no material remnant of physical buildings ‘‘(A) review flood loss payments for indetermi- sult with the following: or man-made structures remain except building nate losses, including as part of the quality as- ‘‘(A) The Commanding General of the Corps of foundations for the specific property for which surance reinspection program of the Federal Engineers. the claim is made; and Emergency Management Agency for claims ‘‘(B) The Administrator of the Federal Emer- ‘‘(ii) there is insufficient or no tangible evi- under the national flood insurance program and gency Management Agency. dence created, yielded, or otherwise left behind any other process approved by the Adminis- ‘‘(C) The Commandant of the Coast Guard. of the specific property for which the claim is trator to review and validate payments under ‘‘(D) The Director of the United States Geo- made as a result of the named storm. the national flood insurance program for inde- logical Survey. ‘‘(5) NAMED STORM.—The term ‘named storm’ terminate losses following a named storm; and ‘‘(E) The Office of the Federal Coordinator for means any organized weather system with a de- ‘‘(B) assist the national flood insurance pro- Meteorology. fined surface circulation and maximum winds of gram to— ‘‘(F) The Director of the National Science not less than 39 miles per hour which the Na- ‘‘(i) properly cover qualified flood loss for Foundation. tional Hurricane Center of the United States claims for indeterminate losses; and ‘‘(G) The Administrator of the National Aero- National Weather Service names as a tropical ‘‘(ii) avoid paying for any loss or damage to nautics and Space Administration. storm or a hurricane. property caused by any peril (including wind), ‘‘(H) Such public, private, and academic sec- ‘‘(6) POST-STORM ASSESSMENT.—The term other than flood or storm surge, that is not cov- tor entities as the Administrator considers ap- ‘post-storm assessment’ means the post-storm as- ered under a standard policy under the national propriate for purposes of carrying out the provi- sessment developed under section 12312(b) of the flood insurance program. sions of this section. Omnibus Public Land Management Act of 2009. ‘‘(2) FEDERAL DISASTER DECLARATION.—Sub- ‘‘(f) ESTABLISHMENT OF COASTAL WIND AND ‘‘(7) STATE.—The term ‘State’ means a State of ject to paragraph (3), in order to expedite claims WATER EVENT DATABASE.— the United States, the District of Columbia, the and reduce costs to the national flood insurance ‘‘(1) IN GENERAL.—Not later than 1 year after Commonwealth of Puerto Rico, and any other program, following any major disaster declared the date of the enactment of the Consumer Op- territory or possession of the United States. by the President under section 401 of the Robert tion for an Alternative System to Allocate Losses ‘‘(8) SECRETARY.—The term ‘Secretary’ means T. Stafford Disaster Relief and Emergency As- Act of 2012, the Administrator shall establish a the Secretary of Homeland Security. sistance Act (42 U.S.C. 5170) relating to a named database for the collection and compilation of ‘‘(9) STANDARD INSURANCE POLICY.—The term storm in a coastal State, the Administrator may covered data— ‘standard insurance policy’ means any insur- use the COASTAL Formula to determine and ‘‘(A) to support the protocol established under ance policy issued under the national flood in- pay for any flood loss covered under a standard subsection (c)(1); and surance program that covers loss or damage to insurance policy under the national flood insur- ‘‘(B) for the purposes listed in subsection property resulting from water peril. ance program, if the loss is an indeterminate (e)(2). ‘‘(10) PROPERTY.—The term ‘property’ means loss. ‘‘(2) DESIGNATION.—The database established real or personal property that is insured under ‘‘(3) NATIONAL ACADEMY OF SCIENCES EVALUA- under paragraph (1) shall be known as the a standard insurance policy for loss or damage TION.— ‘Coastal Wind and Water Event Database’. to structure or contents. ‘‘(A) EVALUATION REQUIRED.— ‘‘(g) COMPTROLLER GENERAL STUDY.—Not ‘‘(11) UNDER SECRETARY.—The term ‘Under ‘‘(i) EVALUATION.—Upon the issuance of the later than 1 year after the date of the enactment Secretary’ means the Under Secretary of Com- rule establishing the COASTAL Formula, and of the Consumer Option for an Alternative Sys- merce for Oceans and Atmosphere, in the Under each time the Administrator modifies the tem to Allocate Losses Act of 2012, the Comp- Secretary’s capacity as Administrator of the Na- COASTAL Formula, the National Academy of troller General of the United States shall— tional Oceanic and Atmospheric Administration. Sciences shall— ‘‘(1) complete an audit of Federal efforts to ‘‘(b) ESTABLISHMENT OF FLOOD LOSS ALLOCA- ‘‘(I) evaluate the expected financial impact on collect covered data for purposes of the Con- TION FORMULA FOR INDETERMINATE CLAIMS.— the national flood insurance program of the use

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00419 Fmt 4634 Sfmt 6333 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H4578 CONGRESSIONAL RECORD — HOUSE June 28, 2012 of the COASTAL Formula as so established or quired, with advanced approval of the Adminis- TITLE III—STUDENT LOAN INTEREST modified; and trator, to be provided for on the National Flood RATE EXTENSION ‘‘(II) evaluate the validity of the scientific as- Insurance Program Elevation Certificate, or SEC. 100301. FEDERAL DIRECT STAFFORD LOAN sumptions upon which the formula is based and maintained otherwise on record if approved by INTEREST RATE EXTENSION. determine whether the COASTAL formula can the Administrator, for any property that quali- Section 455(b)(7)(D) of the Higher Education achieve a degree of accuracy of not less than 90 fies for the COASTAL Formula under subsection Act of 1965 (20 U.S.C. 1087e(b)(7)(D)) is amend- percent in allocating flood losses for indetermi- (c). ed— nate losses. ‘‘(g) CIVIL PENALTY.— (1) in the matter preceding clause (i), by strik- ‘‘(ii) REPORT.—The National Academy of ing ‘‘and before July 1, 2012,’’ and inserting Sciences shall submit a report containing the re- ‘‘(1) IN GENERAL.—If an insurance claims ad- ‘‘and before July 1, 2013,’’; and sults of each evaluation under clause (i) to the juster knowingly and willfully makes a false or Administrator, the Committee on Banking, inaccurate determination relating to an indeter- (2) in clause (v), by striking ‘‘and before July Housing, and Urban Affairs and the Committee minate loss, the Administrator may, after notice 1, 2012,’’ and inserting ‘‘and before July 1, on Commerce, Science, and Transportation of and opportunity for hearing, impose on the in- 2013,’’. the Senate, and the Committee on Financial surance claims adjuster a civil penalty of not SEC. 100302. ELIGIBILITY FOR, AND INTEREST Services and the Committee on Science, Space, more than $1,000. CHARGES ON, FEDERAL DIRECT and Technology of the House of Representa- STAFFORD LOANS FOR NEW BOR- ‘‘(2) DEPOSIT.—Notwithstanding section 3302 ROWERS ON OR AFTER JULY 1, 2013. tives. of title 31, United States Code, or any other law (a) IN GENERAL.—Section 455 of the Higher ‘‘(B) EFFECTIVE DATE AND APPLICABILITY.— relating to the crediting of money, the Adminis- ‘‘(i) EFFECTIVE DATE.—Paragraphs (1) and (2) Education Act of 1965 (20 U.S.C. 1087e) is trator shall deposit in the National Flood Insur- amended by adding at the end the following: of this subsection shall not take effect unless the ance Fund any amounts received under this ‘‘(q) ELIGIBILITY FOR, AND INTEREST CHARGES report under subparagraph (A) relating to the subsection, which shall remain available until ON, FEDERAL DIRECT STAFFORD LOANS FOR NEW establishment of the COASTAL Formula con- expended and be available to the Administrator BORROWERS ON OR AFTER JULY 1, 2013.— cludes that the use of the COASTAL Formula for purposes authorized for the National Flood ‘‘(1) IN GENERAL.—Notwithstanding subsection for purposes of paragraph (1) and (2) would not Insurance Fund without further appropriation. have an adverse financial impact on the na- (a) or any other provision of this title, any bor- tional flood insurance program and that the ‘‘(h) RULE OF CONSTRUCTION.—Nothing in this rower who was a new borrower on or after July COASTAL Formula is based on valid scientific subsection shall be construed to require the Ad- 1, 2013, shall not be eligible for a Federal Direct assumptions that would allow a degree of accu- ministrator to make any payment under the na- Stafford Loan if the period of time for which the racy of not less than 90 percent to be achieved tional flood insurance program, or an insurance borrower has received Federal Direct Stafford in allocating flood losses for indeterminate company to make any payment, for an indeter- Loans, in the aggregate, exceeds the period of losses. minate loss based upon post-storm assessment or enrollment described in paragraph (3). Such bor- ‘‘(ii) EFFECT OF MODIFICATIONS.—Unless the the COASTAL Formula. rower may still receive any Federal Direct Un- report under subparagraph (A) relating to a ‘‘(i) APPLICABILITY.—Subsection (c) shall subsidized Stafford Loan for which such bor- modification of the COASTAL Formula con- apply with respect to an indeterminate loss as- rower is otherwise eligible. cludes that the use of the COASTAL Formula, sociated with a named storm that occurs after ‘‘(2) ACCRUAL OF INTEREST ON FEDERAL DIRECT as so modified, for purposes of paragraphs (1) the date on which the Administrator issues the STAFFORD LOANS.—Notwithstanding subsection and (2) would not have an adverse financial im- rule establishing the COASTAL Formula under (f)(1)(A) or any other provision of this title and pact on the national flood insurance program subsection (b). beginning on the date upon which a borrower and that the COASTAL Formula is based on who is enrolled in a program of education or ‘‘(j) RULE OF CONSTRUCTION.—Nothing in this valid scientific assumptions that would allow a training (including a course of study or program subsection shall be construed to negate, set degree of accuracy of not less than 90 percent to described in paragraph (3)(B) or (4)(B) of sec- aside, or void any policy limit, including any be achieved in allocating flood losses for inde- tion 484(b)) for which borrowers are otherwise loss limitation, set forth in a standard insurance terminate losses the Administrator may not use eligible to receive Federal Direct Stafford Loans, policy.’’. the COASTAL Formula, as so modified, for pur- becomes ineligible for such loan as a result of poses of paragraphs (1) and (2). Subtitle C—HEARTH Act Amendment paragraph (1), interest on all Federal Direct ‘‘(C) FUNDING.—Notwithstanding section 1310 Stafford Loans that were disbursed to such bor- of the National Flood Insurance Act of 1968 (42 SEC. 100261. HEARTH ACT TECHNICAL CORREC- rower on or after July 1, 2013, shall accrue. U.S.C. 4017), there shall be available to the Ad- TIONS. Such interest shall be paid or capitalized in the ministrator from the National Flood Insurance For purposes of title IV of the McKinney- same manner as interest on a Federal Direct Un- Fund, of amounts not otherwise obligated, not Vento Homeless Assistance Act (42 U.S.C. 11360 subsidized Stafford Loan is paid or capitalized more than $750,000 to carry out this paragraph. et seq.)— under section 428H(e)(2). ‘‘(d) DISCLOSURE OF COASTAL FORMULA.— (1) the term ‘‘local government’’ includes an ‘‘(3) PERIOD OF ENROLLMENT.— Not later than 30 days after the date on which instrumentality of a unit of general purpose ‘‘(A) IN GENERAL.—The aggregate period of a post-storm assessment is submitted to the Sec- local government other than a public housing enrollment referred to in paragraph (1) shall not retary under section 12312(b)(2)(C) of the Omni- agency that is established pursuant to legisla- exceed the lesser of— bus Public Land Management Act of 2009, for tion and designated by the chief executive to act ‘‘(i) a period equal to 150 percent of the pub- each indeterminate loss for which the COAST- on behalf of the local government with regard to lished length of the educational program in AL Formula is used pursuant to subsection activities funded under such title IV and in- which the student is enrolled; or (c)(2), the Administrator shall disclose to the cludes a combination of general purpose local ‘‘(ii) in the case of a borrower who was pre- policyholder that makes a claim relating to the governments, such as an association of govern- viously enrolled in one or more other edu- indeterminate loss— ments, that is recognized by the Secretary of cational programs that began on or after July 1, ‘‘(1) that the Administrator used the COAST- Housing and Urban Development; 2013, and subject to subparagraph (B), a period AL Formula with respect to the indeterminate of time equal to the difference between— (2) the term ‘‘State’’ includes any instrumen- loss; and ‘‘(I) 150 percent of the published length of the tality of any of the several States designated by ‘‘(2) a summary of the results of the use of the longest educational program in which the bor- the Governor to act on behalf of the State and COASTAL Formula. rower was, or is, enrolled; and ‘‘(e) CONSULTATION.—In carrying out sub- does not include the District of Columbia; ‘‘(II) any periods of enrollment in which the sections (b) and (c), the Secretary shall consult (3) for purposes of environmental review, the borrower received a Federal Direct Stafford with— Secretary of Housing and Urban Development Loan. ‘‘(1) the Under Secretary for Oceans and At- shall continue to permit assistance and projects ‘‘(B) REGULATIONS.—The Secretary shall mosphere; to be treated as assistance for special projects ‘‘(2) the Director of the National Institute of specify in regulation— that are subject to section 305(c) of the Multi- ‘‘(i) how the aggregate period described in Standards and Technology; family Housing Property Disposition Reform Act ‘‘(3) the Chief of Engineers of the Corps of En- subparagraph (A) shall be calculated with re- of 1994 (42 U.S.C. 3547), and subject to the regu- gineers; spect to a borrower who was or is enrolled on lations issued by the Secretary of Housing and ‘‘(4) the Director of the United States Geologi- less than a full-time basis; and Urban Development to implement such section; cal Survey; ‘‘(ii) how such aggregate period shall be cal- and ‘‘(5) the Office of the Federal Coordinator for culated to include a course of study or program Meteorology; (4) a metropolitan city and an urban county described in paragraph (3)(B) or (4)(B) of sec- ‘‘(6) State insurance regulators of coastal that each receive an allocation under such title tion 484(b), respectively.’’. States; and IV and are located within a geographic area (b) INAPPLICABILITY OF TITLE IV NEGOTIATED ‘‘(7) such public, private, and academic sector that is covered by a single continuum of care RULEMAKING REQUIREMENT AND MASTER CAL- entities as the Secretary considers appropriate may jointly request the Secretary of Housing ENDAR EXCEPTION.—Sections 482(c) and 492 of for purposes of carrying out such subsections. and Urban Development to permit the urban the Higher Education Act of 1965 (20 U.S.C. ‘‘(f) RECORDKEEPING.—Each consideration county or the metropolitan city, as agreed to by 1089(c), 1098a) shall not apply to the amendment and measure the Administrator determines nec- such county and city, to receive and administer made by subsection (a), or to any regulations essary to carry out subsection (b) may be re- their combined allocations under a single grant. promulgated under such amendment.

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DIVISION G—SURFACE TRANSPORTATION fiscal years fiscal years 2009 through 2011’’ and (f) WORKING GROUP FOR DEVELOPMENT OF EXTENSION all that follows through the period at the end PRACTICES AND PROCEDURES TO ENHANCE FED- SEC. 110001. SHORT TITLE. and inserting ‘‘and $139,000,000 for each of fis- ERAL-STATE RELATIONS.—Section 4213(d) of This division may be cited as the ‘‘Surface cal years 2009 through 2012.’’. SAFETEA–LU (49 U.S.C. 14710 note; 119 Stat. Transportation Extension Act of 2012, Part II’’. (g) NATIONAL DRIVER REGISTER.—Section 1759) is amended by striking ‘‘June 30, 2012’’ 2001(a)(7) of SAFETEA–LU (119 Stat. 1520) is and inserting ‘‘September 30, 2012’’. TITLE I—FEDERAL-AID HIGHWAYS amended by striking ‘‘and $3,087,000 for the pe- SEC. 112003. ADDITIONAL PROGRAMS. SEC. 111001. EXTENSION OF FEDERAL-AID HIGH- riod beginning on October 1, 2011, and ending Section 7131(c) of SAFETEA–LU (119 Stat. WAY PROGRAMS. on June 30, 2012.’’ and inserting ‘‘and $4,116,000 1910) is amended by striking ‘‘and $870,000 for (a) IN GENERAL.—Section 111 of the Surface for fiscal year 2012.’’. the period beginning on October 1, 2011, and Transportation Extension Act of 2011, Part II (h) HIGH VISIBILITY ENFORCEMENT PRO- ending on June 30, 2012,’’ and inserting ‘‘and (Public Law 112–30; 125 Stat. 343; 126 Stat. 272) GRAM.—Section 2001(a)(8) of SAFETEA–LU (119 $1,160,000 for fiscal year 2012’’. is amended— Stat. 1520) is amended by striking ‘‘for each of TITLE III—PUBLIC TRANSPORTATION (1) by striking ‘‘the period beginning on Octo- fiscal years 2006 through 2011’’ and all that fol- PROGRAMS ber 1, 2011, and ending on June 30, 2012,’’ each lows through the period at the end and insert- place it appears and inserting ‘‘fiscal year ing ‘‘for each of fiscal years 2006 through SEC. 113001. ALLOCATION OF FUNDS FOR PLAN- NING PROGRAMS. 2012’’; 2012.’’. Section 5305(g) of title 49, United States Code, (2) by striking ‘‘3⁄4 of’’ each place it appears; (i) MOTORCYCLIST SAFETY.—Section 2001(a)(9) is amended by striking ‘‘2011 and for the period and of SAFETEA–LU (119 Stat. 1520) is amended by beginning on October 1, 2011, and ending on (3) in subsection (a) by striking ‘‘June 30, striking ‘‘$7,000,000 for each of fiscal years 2009 June 30, 2012’’ and inserting ‘‘2012’’. 2012’’ and inserting ‘‘September 30, 2012’’. through 2011’’ and all that follows through the (b) USE OF FUNDS.—Section 111(c) of the Sur- period at the end and inserting ‘‘and $7,000,000 SEC. 113002. SPECIAL RULE FOR URBANIZED face Transportation Extension Act of 2011, Part for each of fiscal years 2009 through 2012.’’. AREA FORMULA GRANTS. Section 5307(b)(2) of title 49, United States II (125 Stat. 343; 126 Stat. 272) is amended— (j) CHILD SAFETY AND CHILD BOOSTER SEAT Code, is amended— (1) in paragraph (3)— SAFETY INCENTIVE GRANTS.—Section 2001(a)(10) (1) by striking the paragraph heading and in- (A) in subparagraph (A) by striking ‘‘, except of SAFETEA–LU (119 Stat. 1520) is amended by serting ‘‘SPECIAL RULE FOR FISCAL YEARS 2005 that during such period’’ and all that follows striking ‘‘$7,000,000 for each of fiscal years 2009 THROUGH 2012.—’’ ; through 2011’’ and all that follows through the before the period at the end; and (2) in subparagraph (A) by striking ‘‘2011 and period at the end and inserting ‘‘and $7,000,000 (B) in subparagraph (B)(ii) by striking the period beginning on October 1, 2011, and for each of fiscal years 2009 through 2012.’’. ‘‘$479,250,000’’ and inserting ‘‘$639,000,000’’; and ending on June 30, 2012,’’ and inserting ‘‘2012,’’; (k) ADMINISTRATIVE EXPENSES.—Section (2) by striking paragraph (4). and 2001(a)(11) of SAFETEA–LU (119 Stat. 1520) is (c) EXTENSION OF AUTHORIZATIONS UNDER (3) in subparagraph (E)— TITLE V OF SAFETEA–LU.—Section 111(e)(2) of amended by striking ‘‘$25,328,000 for fiscal year (A) by striking the subparagraph heading and the Surface Transportation Extension Act of 2011’’ and all that follows through the period at inserting ‘‘MAXIMUM AMOUNTS IN FISCAL YEARS 2011, Part II (125 Stat. 346; 126 Stat. 272) is the end and inserting ‘‘and $25,328,000 for each 2008 THROUGH 2012 .—’’; and amended by striking ‘‘the period beginning on of fiscal years 2011 and 2012.’’. (B) in the matter preceding clause (i) by strik- October 1, 2011, and ending on June 30, 2012.’’ SEC. 112002. EXTENSION OF FEDERAL MOTOR ing ‘‘2011 and during the period beginning on and inserting ‘‘fiscal year 2012.’’. CARRIER SAFETY ADMINISTRATION October 1, 2011, and ending on June 30, 2012’’ (d) ADMINISTRATIVE EXPENSES.—Section PROGRAMS. and inserting ‘‘2012’’. (a) FEDERAL MOTOR CARRIER SAFETY ADMIN- 112(a) of the Surface Transportation Extension SEC. 113003. ALLOCATING AMOUNTS FOR CAPITAL Act of 2011, Part II (125 Stat. 346; 126 Stat. 272) ISTRATION GRANTS.—Section 31104(a)(8) of title INVESTMENT GRANTS. is amended by striking ‘‘$294,641,438 for the pe- 49, United States Code, is amended to read as Section 5309(m) of title 49, United States Code, riod beginning on October 1, 2011, and ending follows: is amended— on June 30, 2012.’’ and inserting ‘‘$392,855,250 ‘‘(8) $212,000,000 for fiscal year 2012.’’. (1) in paragraph (2)— for fiscal year 2012.’’. (b) ADMINISTRATIVE EXPENSES.— (A) by striking the paragraph heading and in- (1) IN GENERAL.—Section 31104(i)(1)(H) of title TITLE II—EXTENSION OF HIGHWAY serting ‘‘FISCAL YEARS 2006 THROUGH 2012.—’’; 49, United States Code, is amended to read as SAFETY PROGRAMS (B) in the matter preceding subparagraph (A) follows: by striking ‘‘2011 and the period beginning on SEC. 112001. EXTENSION OF NATIONAL HIGHWAY ‘‘(H) $244,144,000 for fiscal year 2012.’’. TRAFFIC SAFETY ADMINISTRATION October 1, 2011, and ending on June 30, 2012,’’ (2) TECHNICAL CORRECTION.—Section and inserting ‘‘2012’’; and HIGHWAY SAFETY PROGRAMS. 31104(i)(1)(F) of title 49, United States Code, is (a) CHAPTER 4 HIGHWAY SAFETY PROGRAMS.— (C) in subparagraph (A)(i) by striking ‘‘2011 amended to read as follows: and $150,000,000 for the period beginning on Oc- Section 2001(a)(1) of SAFETEA–LU (119 Stat. ‘‘(F) $239,828,000 for fiscal year 2010;’’. 1519) is amended by striking ‘‘$235,000,000 for tober 1, 2011, and ending on June 30, 2012,’’ and (c) GRANT PROGRAMS.—Section 4101(c) of inserting ‘‘2012’’; each of fiscal years 2009 through 2011’’ and all SAFETEA–LU (119 Stat. 1715) is amended— that follows through the period at the end and (2) in paragraph (6)— (1) in paragraph (1) by striking ‘‘and (A) in subparagraph (B) by striking ‘‘2011 and inserting ‘‘and $235,000,000 for each of fiscal $22,500,000 for the period beginning on October $11,250,000 shall be available for the period be- years 2009 through 2012.’’. 1, 2011, and ending on June 30, 2012.’’ and in- ginning on October 1, 2011, and ending on June (b) HIGHWAY SAFETY RESEARCH AND DEVELOP- serting ‘‘and $30,000,000 for fiscal year 2012.’’; 30, 2012,’’ and inserting ‘‘2012’’; and MENT.—Section 2001(a)(2) of SAFETEA–LU (119 (2) in paragraph (2) by striking ‘‘2011 and (B) in subparagraph (C) by striking ‘‘though Stat. 1519) is amended by striking ‘‘and $24,000,000 for the period beginning on October 2011 and $3,750,000 shall be available for the pe- $81,183,000 for the period beginning on October 1, 2011, and ending on June 30, 2012.’’ and in- riod beginning on October 1, 2011, and ending 1, 2011, and ending on June 30, 2012.’’ and inserting ‘‘2012.’’; on June 30, 2012,’’ and inserting ‘‘through serting ‘‘and $108,244,000 for fiscal year 2012.’’. (3) in paragraph (3) by striking ‘‘2011 and 2012’’; and (c) OCCUPANT PROTECTION INCENTIVE $3,750,000 for the period beginning on October 1, (3) in paragraph (7)— GRANTS.—Section 2001(a)(3) of SAFETEA–LU 2011, and ending on June 30, 2012.’’ and insert- (A) in subparagraph (A)— (119 Stat. 1519) is amended by striking ing ‘‘2012.’’; (i) in the matter preceding clause (i)— ‘‘$25,000,000 for each of fiscal years 2006 through (4) in paragraph (4) by striking ‘‘2011 and (I) in the first sentence by striking ‘‘2011 and 2011’’ and all that follows through the period at $18,750,000 for the period beginning on October $7,500,000 shall be available for the period begin- the end and inserting ‘‘and $25,000,000 for each 1, 2011, and ending on June 30, 2012.’’ and in- ning on October 1, 2011, and ending on June 30, of fiscal years 2006 through 2012.’’. serting ‘‘2012.’’; and 2012,’’ and inserting ‘‘2012’’; and (d) SAFETY BELT PERFORMANCE GRANTS.—Sec- (5) in paragraph (5) by striking ‘‘2011 and (II) in the second sentence by inserting ‘‘each tion 2001(a)(4) of SAFETEA–LU (119 Stat. 1519) $2,250,000 for the period beginning on October 1, fiscal year’’ before the colon; is amended by striking ‘‘and $36,375,000 for the 2011, and ending on June 30, 2012.’’ and insert- (ii) in clause (i) by striking ‘‘for each fiscal period beginning on October 1, 2011, and ending ing ‘‘2012.’’. year and $1,875,000 for the period beginning on on June 30, 2012.’’ and inserting ‘‘and (d) NEW ENTRANT AUDITS.—Section October 1, 2011, and ending on June 30, 2012,’’; $48,500,000 for fiscal year 2012.’’. 31144(g)(5)(B) of title 49, United States Code, is (iii) in clause (ii) by striking ‘‘for each fiscal (e) STATE TRAFFIC SAFETY INFORMATION SYS- amended by striking ‘‘and up to $21,750,000 for year and $1,875,000 for the period beginning on TEM IMPROVEMENTS.—Section 2001(a)(5) of the period beginning on October 1, 2011, and October 1, 2011, and ending on June 30, 2012,’’; SAFETEA–LU (119 Stat. 1519) is amended by ending on June 30, 2012,’’. (iv) in clause (iii) by striking ‘‘for each fiscal striking ‘‘for each of fiscal years 2006 through (e) OUTREACH AND EDUCATION.—Section year and $750,000 for the period beginning on 2011’’ and all that follows through the period at 4127(e) of SAFETEA–LU (119 Stat. 1741) is October 1, 2011, and ending on June 30, 2012,’’; the end and inserting ‘‘for each of fiscal years amended by striking ‘‘and 2011 (and $750,000 to (v) in clause (iv) by striking ‘‘for each fiscal 2006 through 2012.’’. the Federal Motor Carrier Safety Administra- year and $750,000 for the period beginning on (f) ALCOHOL-IMPAIRED DRIVING COUNTER- tion, and $2,250,000 to the National Highway October 1, 2011, and ending on June 30, 2012,’’; MEASURES INCENTIVE GRANT PROGRAM.—Section Traffic Safety Administration, for the period be- (vi) in clause (v) by striking ‘‘for each fiscal 2001(a)(6) of SAFETEA–LU (119 Stat. 1519) is ginning on October 1, 2011, and ending on June year and $750,000 for the period beginning on amended by striking ‘‘$139,000,000 for each of 30, 2012)’’ and inserting ‘‘2011, and 2012’’. October 1, 2011, and ending on June 30, 2012,’’;

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00421 Fmt 4634 Sfmt 6333 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H4580 CONGRESSIONAL RECORD — HOUSE June 28, 2012 (vii) in clause (vi) by striking ‘‘for each fiscal through 2011, and $123,375,000 for the period be- amended by striking ‘‘2011 and the period begin- year and $750,000 for the period beginning on ginning on October 1, 2011, and ending on June ning on October 1, 2011, and ending on June 30, October 1, 2011, and ending on June 30, 2012,’’; 30, 2012,’’ and inserting ‘‘and $164,500,000 for 2012,’’ and inserting ‘‘2012,’’. (viii) in clause (vii) by striking ‘‘for each fis- each of fiscal years 2009 through 2012’’; (b) PUBLIC-PRIVATE PARTNERSHIP PILOT PRO- cal year and $487,500 for the period beginning (I) in subparagraph (I) by striking GRAM.—Section 3011 of SAFETEA–LU (49 U.S.C. on October 1, 2011, and ending on June 30, ‘‘$92,500,000 for each of fiscal years 2009 through 5309 note; 119 Stat. 1588) is amended— 2012,’’; and 2011, and $69,375,000 for the period beginning on (1) in subsection (c)(5) by striking ‘‘2011 and (ix) in clause (viii) by striking ‘‘for each fiscal October 1, 2011, and ending on June 30, 2012,’’ the period beginning on October 1, 2011, and year and $262,500 for the period beginning on and inserting ‘‘and $92,500,000 for each of fiscal ending on June 30, 2012’’ and inserting ‘‘2012’’; October 1, 2011, and ending on June 30, 2012,’’; years 2009 through 2012’’; and (B) in subparagraph (B) by striking clause (J) in subparagraph (J) by striking (2) in the second sentence of subsection (d) by (vii) and inserting the following: ‘‘$26,900,000 for each of fiscal years 2009 through striking ‘‘2011 and the period beginning on Oc- ‘‘(vii) $13,500,000 for fiscal year 2012.’’; 2011, and $20,175,000 for the period beginning on tober 1, 2011, and ending on June 30, 2012,’’ and (C) in subparagraph (C) by striking ‘‘and dur- October 1, 2011, and ending on June 30, 2012,’’ inserting ‘‘2012’’. ing the period beginning on October 1, 2011, and and inserting ‘‘and $26,900,000 for each of fiscal (c) ELDERLY INDIVIDUALS AND INDIVIDUALS ending on June 30, 2012,’’; years 2009 through 2012’’; WITH DISABILITIES PILOT PROGRAM.—Section (D) in subparagraph (D) by striking ‘‘and not (K) in subparagraph (K) by striking ‘‘for each 3012(b)(8) of SAFETEA–LU (49 U.S.C. 5310 note; less than $26,250,000 shall be available for the of fiscal years 2006 through 2011 and $2,625,000 119 Stat. 1593) is amended by striking ‘‘June 30, period beginning on October 1, 2011, and ending for the period beginning on October 1, 2011, and 2012’’ and inserting ‘‘September 30, 2012’’. on June 30, 2012,’’; and ending on June 30, 2012,’’ and inserting ‘‘for (d) OBLIGATION CEILING.—Section 3040(8) of (E) in subparagraph (E) by striking ‘‘and each of fiscal years 2006 through 2012’’; SAFETEA–LU (119 Stat. 1639) is amended to $2,250,000 shall be available for the period begin- (L) in subparagraph (L) by striking ‘‘for each read as follows: ning on October 1, 2011, and ending on June 30, of fiscal years 2006 through 2011 and $18,750,000 ‘‘(8) $10,458,278,000 for fiscal year 2012, of 2012,’’. for the period beginning on October 1, 2011, and which not more than $8,360,565,000 shall be from SEC. 113004. APPORTIONMENT OF FORMULA ending on June 30, 2012,’’ and inserting ‘‘for the Mass Transit Account.’’. GRANTS FOR OTHER THAN URBAN- each of fiscal years 2006 through 2012’’; (e) PROJECT AUTHORIZATIONS FOR NEW FIXED IZED AREAS. (M) in subparagraph (M) by striking GUIDEWAY CAPITAL PROJECTS.—Section 3043 of Section 5311(c)(1)(G) of title 49, United States ‘‘$465,000,000 for each of fiscal years 2009 SAFETEA–LU (119 Stat. 1640) is amended— Code, is amended to read as follows: through 2011, and $348,750,000 for the period be- (1) in subsection (b), in the matter preceding ‘‘(G) $15,000,000 for fiscal year 2012.’’. ginning on October 1, 2011, and ending on June paragraph (1), by striking ‘‘2011 and the period 30, 2012,’’ and inserting ‘‘and $465,000,000 for SEC. 113005. APPORTIONMENT BASED ON FIXED beginning on October 1, 2011, and ending on GUIDEWAY FACTORS. each of fiscal years 2009 through 2012’’; and June 30, 2012,’’ and inserting ‘‘2012’’; and Section 5337 of title 49, United States Code, is (N) in subparagraph (N) by striking (2) in subsection (c), in the matter preceding amended by striking subsection (g). ‘‘$8,800,000 for each of fiscal years 2009 through paragraph (1), by striking ‘‘2011 and the period 2011, and $6,600,000 for the period beginning on beginning on October 1, 2011, and ending on SEC. 113006. AUTHORIZATIONS FOR PUBLIC October 1, 2011, and ending on June 30, 2012,’’ TRANSPORTATION. June 30, 2012,’’ and inserting ‘‘2012’’. and inserting ‘‘and $8,800,000 for each of fiscal (a) FORMULA AND BUS GRANTS.—Section (f) ALLOCATIONS FOR NATIONAL RESEARCH AND years 2009 through 2012’’. 5338(b) of title 49, United States Code, is amend- TECHNOLOGY PROGRAMS.—Section 3046 of (b) CAPITAL INVESTMENT GRANTS.—Section ed— SAFETEA–LU (49 U.S.C. 5338 note; 119 Stat. 5338(c)(7) of title 49, United States Code, is 1706) is amended— (1) in paragraph (1) by striking subparagraph amended to read as follows: (G) and inserting the following: (1) in subsection (b) by striking ‘‘fiscal year or ‘‘(7) $1,955,000,000 for fiscal year 2012.’’. period’’ and inserting ‘‘fiscal year’’; and ‘‘(G) $8,360,565,000 for fiscal year 2012.’’; and (c) RESEARCH AND UNIVERSITY RESEARCH CEN- (2) by striking subsection (c)(2) and inserting (2) in paragraph (2)— TERS.—Section 5338(d) of title 49, United States the following: (A) in subparagraph (A) by striking Code, is amended— ‘‘(2) for fiscal year 2012, in amounts equal to ‘‘$113,500,000 for each of fiscal years 2009 (1) in paragraph (1), in the matter preceding 63 percent of the amounts allocated for fiscal through 2011, and $85,125,000 for the period be- subparagraph (A), by striking ‘‘through 2011, year 2009 under each of paragraphs (2), (3), (5), ginning on October 1, 2011, and ending on June and $33,000,000 for the period beginning on Oc- and (8) through (25) of subsection (a).’’. 30, 2012,’’ and inserting ‘‘and $113,500,000 for tober 1, 2011, and ending on June 30, 2012,’’ and each of fiscal years 2009 through 2012’’; inserting ‘‘through 2011, and $44,000,000 for fis- TITLE IV—EFFECTIVE DATE (B) in subparagraph (B) by striking cal year 2012,’’; and SEC. 114001. EFFECTIVE DATE. ‘‘$4,160,365,000 for each of fiscal years 2009 (2) by striking paragraph (3) and inserting the This division and the amendments made by through 2011, and $3,120,273,750 for the period following: this division shall take effect on July 1, 2012. beginning on October 1, 2011, and ending on ‘‘(3) ADDITIONAL AUTHORIZATIONS.— DIVISION H—BUDGETARY EFFECTS June 30, 2012,’’ and inserting ‘‘and $4,160,365,000 ‘‘(A) RESEARCH.—Of amounts authorized to be for each of fiscal years 2009 through 2012’’; appropriated under paragraph (1) for fiscal year SEC. 120001. BUDGETARY EFFECTS. (C) in subparagraph (C) by striking 2012, the Secretary shall allocate for each of the (a) PAYGO SCORECARD.—The budgetary ef- ‘‘$51,500,000 for each of fiscal years 2009 through activities and projects described in subpara- fects of this Act shall not be entered on either 2011, and $38,625,000 for the period beginning on graphs (A) through (F) of paragraph (1) an PAYGO scorecard maintained pursuant to sec- October 1, 2011, and ending on June 30, 2012,’’ amount equal to 63 percent of the amount allo- tion 4(d) of the Statutory Pay-As-You-Go Act of and inserting ‘‘and $51,500,000 for each of fiscal cated for fiscal year 2009 under each such sub- 2010. years 2009 through 2012’’; paragraph. (b) SENATE PAYGO SCORECARD.—The budg- (D) in subparagraph (D) by striking ‘‘(B) UNIVERSITY CENTERS PROGRAM.— etary effects of this Act shall not be recorded on ‘‘$1,666,500,000 for each of fiscal years 2009 ‘‘(i) FISCAL YEAR 2012.—Of the amounts allo- any PAYGO scorecard maintained for purposes through 2011, and $1,249,875,000 for the period cated under paragraph (1)(C) for the university of section 201 of S. Con. Res. 21 (110th Con- beginning on October 1, 2011, and ending on centers program under section 5506 for fiscal gress). June 30, 2012,’’ and inserting ‘‘and $1,666,500,000 year 2012, the Secretary shall allocate for each Amend the title so as to read: ‘‘An Act to for each of fiscal years 2009 through 2012’’; program described in clauses (i) through (iii) authorize funds for Federal-aid highways, (E) in subparagraph (E) by striking and (v) through (viii) of paragraph (2)(A) an highway safety programs, and transit pro- ‘‘$984,000,000 for each of fiscal years 2009 amount equal to 63 percent of the amount allo- grams, and for other purposes.’’. through 2011, and $738,000,000 for the period be- cated for fiscal year 2009 under each such And the Senate agree to the same. ginning on October 1, 2011, and ending on June clause. From the Committee on Transportation and 30, 2012,’’ and inserting ‘‘and $984,000,000 for ‘‘(ii) FUNDING.—If the Secretary determines Infrastructure, for consideration of the each of fiscal years 2009 through 2012’’; that a project or activity described in paragraph House bill (except section 141) and the Sen- (F) in subparagraph (F) by striking (2) received sufficient funds in fiscal year 2011, ate amendment (except secs. 1801, 40102, ‘‘$133,500,000 for each of fiscal years 2009 or a previous fiscal year, to carry out the pur- 40201, 40202, 40204, 40205, 40305, 40307, 40309– through 2011, and $100,125,000 for the period be- pose for which the project or activity was au- 40312, 100112–100114, and 100116), and modifica- ginning on October 1, 2011, and ending on June thorized, the Secretary may not allocate any tions committed to conference: 30, 2012,’’ and inserting ‘‘and $133,500,000 for amounts under clause (i) for the project or ac- JOHN L. MICA, each of fiscal years 2009 through 2012’’; tivity for fiscal year 2012 or any subsequent fis- DON YOUNG, (G) in subparagraph (G) by striking cal year.’’. JOHN J. DUNCAN, JR., ‘‘$465,000,000 for each of fiscal years 2009 (d) ADMINISTRATION.—Section 5338(e)(7) of BILL SHUSTER, through 2011, and $348,750,000 for the period be- title 49, United States Code, is amended to read SHELLEY MOORE CAPITO, ginning on October 1, 2011, and ending on June as follows: ERIC A. ‘‘RICK’’ CRAWFORD, 30, 2012,’’ and inserting ‘‘and $465,000,000 for ‘‘(7) $98,713,000 for fiscal year 2012.’’. JAIME HERRERA BEUTLER, each of fiscal years 2009 through 2012’’; SEC. 113007. AMENDMENTS TO SAFETEA–LU. LARRY BUCSHON, (H) in subparagraph (H) by striking (a) CONTRACTED PARATRANSIT PILOT.—Section RICHARD L. HANNA, ‘‘$164,500,000 for each of fiscal years 2009 3009(i)(1) of SAFETEA–LU (119 Stat. 1572) is STEVE SOUTHERLAND, II,

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JAMES LANKFORD, September 30, 2009 and which has been con- program called the National Highway Per- REID J. RIBBLE, tinued with a series of short-term exten- formance Program to address both the inter- From the Committee on Energy and Com- sions. MAP–21 will modernize and reform our state system as well as an extended National merce, for consideration of sec. 142 and titles current transportation system to help create Highway System. It is these roads that are II and V of the House bill, and secs. 1113, 1201, jobs, accelerate economic recovery, and most critical to our economic vitality, and 1202, subtitles B, C, D, and E of title I of Di- build the foundation for long-term pros- the conference report ensures the roads and vision C, secs, 32701–32705, 32710, 32713, 40101, perity. This conference report makes a num- bridges that make up this system will be bet- and 40301 of the Senate amendment, and ber of necessary changes in the Federal-aid ter maintained. modifications committed to conference: highway program structure to increase State Freight policy flexibility and better serve the American FRED UPTON, A top priority of the nation’s transpor- people. ED WHITFIELD, tation system should be the safe and effi- HENRY A. WAXMAN, DIVISION A—FEDERAL-AID HIGHWAYS cient movement of goods. The nation’s eco- From the Committee on Natural Resources, AND HIGHWAY SAFETY CONSTRUCTION nomic health is reliant upon a transpor- for consideration of secs. 123, 142, 204, and ti- PROGRAMS tation system that provides for reliable and tles III and VI of the House bill, and sec. 1116, Highway funding levels timely goods movement. subtitles C, F, and G of title I of Division A, The conference report provides funding for This conference report establishes policies sec. 33009, titles VI and VII of Division C, sec. the federal-aid highway program through fis- to improve freight movement. It calls for the 40101, subtitles A and B of title I of Division cal 2014 at current funding levels with a development of a National Freight Strategic F, and sec. 100301 of the Senate amendment, small inflationary adjustment. Plan, encourages state freight plans and ad- and modifications committed to converence: Program consolidation visory committees, and provides incentives DOC HASTINGS, The Senate and the House both sought to for states that fund projects to improve ROB BISHOP, freight movement. From the Committee on Science, Space, and consolidate the number of programs in the America fast forward Technology for consideration of secs. 121, 123, federal-aid highway program to focus priorities and resources on key national goals. 136, and 137 of the House bill, and sec. 1534, Given our massive investment needs and The conference report consolidates the num- subtitle F of title I of Division A, secs. 20013, the limited funding available, we need to ber of highway programs by two-thirds. The 20014, 20029, 31101, 31103, 31111, 31204, 31504, find ways to better leverage Federal dollars elimination of dozens of programs makes 32705, 33009, 34008, and Division E of the Sen- by encouraging additional non-Federal in- more resources available to States and met- ate amendment, and modifications com- vestment and helping to accelerate the bene- ropolitan areas to invest in their most crit- mitted to conference: fits of State and locally funded transpor- ical needs to improve the condition and per- tation projects. RALPH M. HALL, formance of their transportation system. This conference report builds upon the suc- CHIP CRAVAACK, cess of the TIFIA program to help commu- From the Committee on Ways and Means, for Project delivery nities leverage their transportation re- consideration of secs. 141 and 142 of the The conference report combined provisions sources and stretch Federal dollars further House bill, and secs. 1801, 40101, 40102, 40201, from the House and Senate bills focusing on than they have been stretched before. The 40202, 40204, 40205, 40301–40307, 40309–40314, the shared priority of accelerating project conference report modifies the TIFIA pro- 100112–100114, and 100116 of the Senate amend- delivery. It maintains the vast majority of gram by increasing funding for the program ment, and modifications committed to con- project acceleration provisions from S. 1813 to $1 billion per year, by increasing the max- ference: and provisions from the House bill in addi- imum share of project costs from 33 percent DAVE CAMP, tion to new provisions that will maintain to 49 percent, by allowing TIFIA to be used PATRICK J. TIBERI, substantive environment and public health to support a related set of projects, and by Managers on the Part of the House. protections while streamlining the creation and use of documents and environmental re- setting aside funding for projects in rural BARABARA BOXER, views, enhancing efficiency and account- areas at more favorable terms. MAX BAUCUS, ability in the project delivery process. Gulf Coast restoration JOHN D. ROCKEFELLER, IV, The conference report adopts and modifies The conference report modifies a Senate RICHARD J. DURBIN, (With provisions from the House bill directing the provision related to Gulf Coast restoration the exception of: Div. A, Secretary to designate, through rulemaking, known as the Resources and Ecosystems Title I, § 1538 Asian Carp certain activities as categorical exclusions Sustainability, Tourism Opportunities and and Div. F, Title II, under the National Environmental Policy Revived Economies of the Gulf Coast States § 100206—Residual Risk) Act. The Secretary is directed to designate Act of 2012 (RESTORE Act). The provision TIM JOHNSON, the repair or reconstruction of a road, high- establishes the Gulf Coast Restoration Trust CHARLES E. SCHUMER, way, or bridge damaged by a declared emer- Fund and places in the Trust Fund 80% of all BILL NELSON, gency or disaster as a categorical exclusion, civil penalties paid by responsible parties in ROBERT MENENDEZ, if the repair or reconstruction project is in connection with the Deepwater Horizon oil JAMES M. INHOFE, the same location and with the same speci- spill. Funding may be used to invest in DAVID VITTER, fications as the original project and is com- projects and activities to restore the long- RICHARD C. SHELBY, menced within two years of the declaration term health of the coastal ecosystem and KAY BAILEY HUTCHISON, of emergency or disaster. The Secretary is local economies in the Gulf Coast Region, Managers on the Part of the Senate. also directed to designate any project within which includes the states of Mississippi, Lou- JOINT EXPLANATORY STATEMENT OF the existing operational right-of-way as a isiana, Alabama, Florida, and Texas. A por- THE COMMITTEE OF THE CONFERENCE categorical exclusion and defines the term tion of the funds will be allocated directly The managers on the part of the Senate ‘‘operational right-of-way’’. Additionally, and equally to the five Gulf Coast states for and the House at the conference on the dis- the Secretary is directed to designate ecological and economic recovery along the agreeing votes of the two Houses on the projects receiving limited Federal assistance coast. A portion will be provided to the Gulf amendment of the Senate to the bill ( H.R. as a categorical exclusion. The categorical Coast Ecosystem Restoration Council estab- 4348), to provide an extension of Federal-aid exclusion applies to any project that re- lished by the bill to develop and fund a com- highway, highway safety, motor carrier safe- ceives less than $5,000,000 in Federal funds prehensive plan for the restoration of Gulf ty, transit, and other programs funded out of and any project with a total estimated cost Coast ecosystems. A portion will be allo- the Highway Trust Fund pending enactment of not more than $30,000,000 receiving Federal cated among the states using an impact- of a multiyear law reauthorizing such pro- funds comprising less than 15 percent of the based formula to implement state plans that grams, and for other purposes, submit the total estimated project costs. have been approved by the Council. Finally, following joint statement to the House and Performance measures a portion of the fines will be allocated to a the Senate in explanation of the effect of the The nation’s surface transportation pro- Gulf Coast ecosystem restoration, science, action agreed upon by the managers and rec- grams have not provided sufficient account- observation, monitoring and technology pro- ommended in the accompanying conference ability for how tax dollars are being spent on gram and for grants to nongovernmental en- report: transportation projects and would benefit tities for the establishment of Gulf Coast The House recedes from its disagreement from a greater focus on key national prior- centers of excellence. to the amendment of the Senate to the text ities. The conference report focuses the high- of the bill and agrees to the same with an Harbor maintenance way program on key outcomes, such as re- amendment. The Conference report modifies a Senate A summary of the bill agreed to in con- ducing fatalities, improving road and bridge provision highlighting the significance of the ference is set forth below: conditions, reducing congestion, increasing nation’s ports for efficient movement of Moving Ahead for Progress in the 21st Cen- system reliability, and improving freight goods and products and the need for in- tury (MAP–21) replaces the previous author- movement and economic vitality. creased investment in the maintenance of ization, the Safe, Accountable, Flexible, Effi- Focus on the National Highway System these ports to promote the economic cient Transportation Equity Act: A Legacy The conference report combines the old competiveness of the United States. The pro- for Users (SAFETEA–LU), that expired on interstate maintenance program into a new vision states the Sense of Congress that the

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00423 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H4582 CONGRESSIONAL RECORD — HOUSE June 28, 2012 Administration should request and the Con- Sec. 20008, 49 U.S.C. 5309, Fixed Guideway Cap- gram to provide research focused on public gress should fully expend each year all of the ital Investment Grants (new starts) transportation with a goal of providing revenues collected in the Harbor Mainte- Reforms and streamlines the ‘‘Fixed Guide- meaningful results. nance Trust Fund (HMTF) for the operation way Capital Investment Grant’’ program Creates a clearly delineated pipeline with and maintenance of the nation’s federally (previously the ‘‘Major Capital Investment criteria for continued progress with a goal of maintained ports. The provision also ex- Grant’’ or ‘‘New Starts’’ program). Based on taking an idea from the research phase presses the importance of protecting other extensive feedback from project sponsors and through to demonstration and deployment in critical Army Corps programs, including in- other stakeholders, the bill streamlines the the field. For the first time, the program land navigation, flood and coastal storm pro- New Starts process to accelerate project de- specifically provides funding for demonstra- tection, and ecosystem restoration, from livery by eliminating duplicative steps in tion and deployment of products and services funding reductions. project development and instituting a modi- that may benefit public transportation; a Finally, the provision directs the Adminis- fied program structure that will allow the major impediment to putting new tech- tration to provide an annual estimate of na- Federal Transit Administration to review nology to use in the field often cited by pub- tional harbor maintenance needs, including proposals quickly, without sacrificing effec- lic transportation providers. an estimate of the percentage of waterways tive project oversight. Creates a section of the deployment pro- that will be available for use based on the Projects under $100 million can utilize an gram dedicated to low or no emission public annual budget request as well as how much expedited review process if they meet stand- transportation vehicles. Grants will be avail- funding would be needed to achieve 95 per- ards of similar highly qualified projects. The able for the acquisition of low or no emission bill also creates a category of demonstration cent availability of the nation’s ports and vehicles and related equipment, the con- projects for sponsors that propose a signifi- waterways within 3 years struction of facilities for low or no emission cant amount of local and/or private funding vehicles, and the rehabilitation of existing DIVISION B—FEDERAL PUBLIC and reduce the federal commitment required facilities to accommodate the use of low or TRANSPORTATION ACT OF 2012 for the projects. The Federal Public Transportation Act of Establishes a new category for capital inno emission vehicles. 2012 contains historic improvements in safe- vestment projects by authorizing core capac- Sec. 20012, 49 U.S.C. 5314, technical assistance ty oversight, streamlined review of new cap- ity projects, which will undergo the same and standards development ital projects, program consolidation, and a process as other ‘‘new starts’’ projects but Provides grants for activities that help shift from earmarks and discretionary pro- provide an opportunity for existing systems public transportation systems more effec- grams to robust formula programs that pub- to make necessary but significant invest- tively and efficiently provide public trans- lic transportation systems can rely on to up- ments that were not previously eligible for portation service and helps grant recipients funding. The conference report requires that grade and improve aging infrastructure and administer funds received under this chap- eligible activities under a core capacity vehicles. The Act provides increased funding ter. Authorizes the Federal Transit Adminis- project achieve at least a 10% increase in ca- levels for fiscal years 2013 and 2014 based on tration to continue making grants for the expected inflation, giving public transpor- pacity along a corridor. The Senate agreed to a House request to development of voluntary standards by the tation providers the stable funding needed to public transportation industry related to make essential investments. modify the definition of Bus Rapid Transit projects in the Senate bill to allow broader procurement, safety and other subjects and Secs. 20005 and 20006, 49 U.S.C. 5303/5304, metro- use of the program. The conference report authorizes the Secretary to fund technical politan and statewide transportation plan- also includes incentives for the development assistance centers to assist grant recipients ning of bus rapid transit projects that incorporate following a competitive process. The Conference report improves metropoli- elements of fixed-guideway transit like light Sec. 20014, 49 U.S.C. 5318, bus testing facilities tan and statewide planning processes to in- rail. Instructs the Secretary to certify one fa- corporate a more comprehensive perform- Sec. 20009, 49 U.S.C. 5310, formula grants for the cility for testing new bus models. Requires ance-based approach. The conference com- enhanced mobility of seniors and individ- the Secretary to work with the bus industry mittee requires the structure of all Metro- uals with disabilities to develop a mutually agreed upon pass/fail politan Planning Organizations include offi- Consolidates the existing ‘‘Elderly and Dis- test for vehicles to ensure the safety and re- cials of public agencies that administer or abled’’ (Sec. 5310) and ‘‘New Freedom’’ (Sec. liability of buses purchased with federal operate public transportation systems with- 5317) programs into a single program that in- funds. in two years of enactment. creases the level of resources available be- Sec. 20015, 49 U.S.C. 5322, public transportation The conference report creates a pilot pro- yond the level of funding available under ex- workforce development and human resource gram for transit-oriented development plan- isting programs. The consolidated program programs ning to advance planning efforts that sup- will continue to ensure support for non-prof- port transit-oriented development around it providers of transportation, and it will Authorizes the Secretary to make grants, fixed guideway capital investment projects. continue to make available funds for public or enter into contracts for, activities that Grants for planning will help communities transportation services that exceed the re- address human resource and workforce needs develop strategies to facilitate transit-ori- quirements of the Americans with Disabil- as they apply to public transportation ac- ented development. ities Act, as previously provided under the tivities. Creates the Innovative Public Secs. 20007 and 20026, 49 U.S.C. 5307 and 5336, ‘‘New Freedom’’ program. Transportation Workforce Development Pro- urbanized area formula grants Sec. 20010, 49 U.S.C. 5311, formula grants for gram, a competitive grant program to pro- Maintains the basic structure for urban- rural areas mote and assist the development of innova- ized area grants under Section 5307. The pro- Maintains the existing structure providing tive workforce development and human re- gram continues to be the largest program for funding to states for public transportation in source activities within the public transpor- federal investment in public transportation. rural areas. The 5311 formula is expanded to tation industry. The ‘‘Job Access and Reverse Commute’’ pro- include the rural component of the ‘‘Job Ac- Sec. 20017, 49 U.S.C. 5324, public transportation gram (JARC) has been moved to Section 5307 cess and Reverse Commute’’ program, and emergency relief program and the conferees have removed the Senate the level of public transportation service Establishes a program to assist States and bill set-aside for JARC activities. that is provided within a state’s rural areas public transportation systems pay for pro- Maintains the existing criteria for use of is considered in the distribution of new tecting, repairing, or replacing equipment 5307 funds for capital projects (operating ex- funds. and facilities that are in danger of suffering penses continue to be ineligible) in urban Funding for the ‘‘Public Transportation on serious damage or have suffered serious dam- areas with a population greater than 200,000. Indian Reservations’’ program is increased age as a result of an emergency. In addition, the bill maintains language al- to $30 million. The Secretary will distribute lowing small urbanized areas with popu- $5 million competitively each fiscal year, Sec. 20019, 49 U.S.C. 5326, transit asset manage- lations under 200,000 to use up to 100 percent and $25 million will be available to Indian ment of their 5307 funding for operating expenses. Tribes as formula grants to continue and ex- Establishes a system to monitor and man- A modified ‘‘100 bus rule’’ has been included, pand public transportation services. age public transportation assets to improve allowing systems with 76–100 buses operating The conference report also establishes a safety and increase reliability and perform- in peak service to use up to 50% of their 5307 new ‘‘Appalachian Development Public ance. Recipients are required to establish funding for operating expenses and those op- Transportation Program’’ to distribute $20 and use an asset management system to de- erating 75 or fewer buses to use up to 75% for million to states within the Appalachian re- velop capital asset inventories and condition operating expenses. gion with a goal of providing greater public assessments, and report on the condition of The Senate receded to the House request to transportation opportunities to residents in their system as a whole, including a descrip- remove a provision in the Senate bill estab- these challenged areas. tion of the change in overall condition since lishing a program to allow public transpor- Sec. 20011, 49 U.S.C. 5312, research, develop- the last report. The Secretary of Transpor- tation providers temporary flexibility during ment, demonstration, and deployment tation is also required to define the term periods of high unemployment to use a lim- projects ‘state of good repair,’ including objective ited portion of their 5307 funds for up to two Modifies the existing research program by standards for measuring the condition of years for operating expenses. eliminating earmarks and reforming the pro- capital assets.

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00424 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE June 28, 2012 CONGRESSIONAL RECORD — HOUSE H4583 Sec. 20021, 49 U.S.C. 5329, public transportation tion, but continues to fund it from the funds nancial responsibility requirements for im- safety program provided for the formula grant program. porters and modifies a provision relating to Establishes a National Public Transpor- The conference report accepts the Senate conditions of importation. tation Safety Plan to improve the safety of approach on incentive grants, but consoli- Transparency and Accountability. The all public transportation systems that re- dates all of those grants into a single section conference report contains several provisions ceive Federal funding. The Secretary will de- in Code. The new Section 405 of Title 23, ‘‘Na- designed to increase transparency and ac- velop minimum performance standards for tional Priority Safety Programs,’’ allocates countability at NHTSA and in the auto in- vehicles used in public transportation and funds across six incentive grant programs dustry. The conference report adopts a modi- establish a training program for Federal and and allows such funds to be used for a re- fied Senate approach on establishing public State employees who conduct safety audits search program on technology to prevent im- accessibility to vehicle recall information and examinations of public transportation paired driving. The conference report retains and further modifies Senate provisions ad- the Senate language with respect to state systems. dressing the set of communications with Requires public transportation agencies to traffic safety information system improve- dealers that must be made available to the ment grants, the motorcycle safety grant establish comprehensive safety plans, thus public. The report strikes the provision reprogram, and the high visibility enforcement encouraging a ‘‘culture of safety’’ in which garding public availability of early warning program. each employee completes a safety training reporting data. The report strikes a provi- The conference report retains the Senate program that includes continuing safety edu- sion imposing new post-employment restric- language with respect to an occupant protec- cation and training. The Senate receded to a tions for vehicle safety officials at NHTSA, tion incentive grant with two modifications. House request to give smaller systems the but retains language calling on the inspector First, the report provides the highest per- option to rely on states to prepare these general to report on the issue. The report forming states with additional flexibility in plans. slightly modifies the whistleblower protec- spending grant funds. Second, the report Improves the effectiveness of State Safety tion provision and calls on the Government does not specifically state that education to Oversight Agencies and increases federal Accountability Office to examine this and the public concerning the dangers of children funding for safety. States will submit pro- other such provisions. The report slightly left unattended in vehicles is an allowable posals for state safety oversight programs modifies the provision directing NHTSA to use of these funds, however the conferees for rail fixed guideway public transportation study crash data collection. And the report agree that such education efforts could be systems to the Secretary, and upon approval, makes slight modifications to NHTSA’s au- carried out under other allowable uses, in- receive funding at an 80 percent Federal thority to require additional recall notifica- cluding education to the public concerning share. The Act builds on the existence of tions. the proper use of child restraints. Vehicle Electronics and Safety Standards. State safety oversight agencies and requires The conference report reflects the Senate them to be legally and financially inde- The conference report maintains a Senate approach with regard to the impaired driving provision that establishes a Council for Vehi- pendent from the rail fixed guideway sys- countermeasures and teen driver safety tems they oversee, and have the authority, cle Electronics, Vehicle Software, and grants with one modification made to each Emerging Technologies to build, implement, staff training and expertise to enforce Fed- that allows states additional flexibility in eral and state safety laws. and aggregate NHTSA’s expertise in pas- spending a percentage of funds received senger motor vehicle electronics and other At the request of the House the conference through these programs. The report also ac- changes the nature of the enforcement pow- new and emerging technologies. The concepts the Senate approach on distracted ference report includes a provision calling on ers contained in the Senate bill. Instead of driving incentive grants, with one change to direct oversight of public transportation NHTSA to evaluate vehicle electronic sys- the eligibility requirements for the grants. tems and report to Congress on highest pri- agencies, the program relies on State Safety Highway Safety Research. The conference ority areas for safety. The conference report Oversight Agencies to provide direct over- report accepts the Senate approach to modi- strikes all other safety mandates contained sight of rail fixed guideway public transpor- fying the highway safety research authori- in Subtitle D of the Senate bill. tation providers. ties provided to NHTSA. The report strikes Child Safety Standards. The conference re- Sec. 20027, 49 U.S.C. 5337, state of good repair provisions in the Senate bill that authorized port maintains the Senate approach with re- grant program additional collaborative research and devel- gard to child safety. The report strikes man- opment with non-federal entities, allowed Modernizes, renames, and provides historic dates for new safety standards for booster the Secretary to establish an international levels of funding for the old ‘‘Rail Mod- seats and child restraint anchorage systems highway safety information and cooperation ernization’’ program by establishing a pro- because conferees understand that NHTSA program, funded training for highway safety gram structure and defining eligible ex- has completed a rulemaking that achieves personnel, and created a clearinghouse for penses under the program with a goal of these goals. The report modifies the mandate information about best practices for driver’s moving all systems towards a state of good that NHTSA update its frontal impact test licensing concerning drivers with medical repair and enabling systems to maintain a parameters for child safety seats to clarify issues. The report removes language in the state of good repair. that the mandate only applies to the seat as- Senate bill that allowed NHTSA to develop The program has two major components: a sembly specifications. The report revises the model specifications for devices. The con- rail fixed guideway state of good repair for- provision relating to unattended passengers ferees understand the removal of this lan- mula program and a high intensity bus state to a discretionary research effort without guage does not alter the current authority of of good repair formula program. Funding any mandate for NHTSA to begin a rule- NHTSA in this area. tiers and earmarks in the old rail moderniza- making process. The conference report modifies Senate lan- tion program have been eliminated and re- Improved Daytime and Nighttime Visi- guage providing NHTSA with the authority placed with a new structure that focuses on bility of Agricultural Equipment. The Con- to conduct research into advanced tech- the age of the system, revenue vehicle miles ference report accepts the Senate language. and directional route miles. nology to prevent impaired driving, and allows the Secretary to use funds from the Na- TITLE II—COMMERCIAL MOTOR VEHICLE DIVISION C—TRANSPORTATION SAFETY tional Priority Safety Programs to fund this SAFETY ENHANCEMENT ACT OF 2012 AND SURFACE TRANSPORTATION POL- research. Commercial Motor Vehicle Registration ICY Enhanced Safety Authorities. The con- requirements. The conference report in- TITLE I—MOTOR VEHICLE AND HIGHWAY ference report includes several provisions includes several provisions amending registra- SAFETY IMPROVEMENT ACT tended to enhance NHTSA’s safety authori- tion requirements under federal law for com- Highway Safety Grant Programs. The con- ties. The conference report revises the Sen- mercial motor vehicles (CMV), freight for- ference report includes provisions that re- ate language on civil penalties and sets the warders, and brokers. The conference report structure the existing highway safety grant maximum penalty at $35 million for a re- largely adopts the Senate registration provi- programs administered by the National lated series of violations. The increase will sions. The provisions include new require- Highway Traffic Safety Administration take effect one year after enactment or when ments, such as completing a written exam- (NHTSA). The conference report largely re- NHTSA issues a rule interpreting the new ination and applying for a US DOT number, flects the Senate approach on modifications civil penalty factors, whichever is earlier, as a precondition for being registered. The to the existing formula grant programs, in- and the conferees agree that the new penalty included provisions amend safety fitness re- cluding the establishment of a single grant amount will only be subject to adjustment quirements and require license holders to application and reporting process for all for inflation occurring thereafter. The con- provide registration updates. The conference grants received under this title, the adoption ference report maintains the Senate ap- report also includes Senate provisions for of performance measures, and the establish- proach on motor vehicle safety research and registering household goods motor carriers, ment of planning and reporting requirements development with modification, including to but removes provisions directing the Sec- for the states. In addition, the conference re- NHTSA’s authority to plan, design, or build retary to establish education and assistance port inserts a prohibition on state use of facilities. The conference report largely programs to address the problems of house- these formula grant funds to pay for red maintains the Senate approach providing hold property being held hostage. light or speed cameras. The report moves a NHTSA additional authority over imported The conference report makes changes to provision establishing a cooperative research motor vehicles and motor vehicle equipment, some Senate registration provisions. It re- and evaluation program into a different sec- though it strikes a provision related to fi- tains the current presumption in favor of

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00425 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H4584 CONGRESSIONAL RECORD — HOUSE June 28, 2012 registration, removes a management plan re- Commercial motor vehicle driver safety. sions updating and consolidating grant pro- quirement, and changes written examination The conference report includes several Sen- grams and processes. While the conference provisions. For providers of motorcoach ate provisions to address commercial driver believes that reducing administrative bur- services, the conference report also replaces safety: driver medical qualifications, oper- dens on the states and local governments by a pre-authorization audit requirement with a ator training, driver’s license program, driv- streamlining grants processes is beneficial, requirement that new operators undergo a er’s requirements and driver information the short time frame of the legislation does safety review within 120 days of beginning systems. The conference report removes a not allow for these changes. In that regard, operations. The conference report also re- Senate provision that would have directed the conference agrees to retain existing moves requirements to periodically update the development of driver safety fitness rat- grant programs and authorizes them for FY registration information when no changes ings. The report also removes a study and re- 2013 and FY 2014 at current funding levels. have been made. port to Congress examining the extent to The conference report adds language allow- The conference report includes a number of which detention time contributes to drivers ing the Secretary to examine methods and Senate provisions to address motor carrier violating hours of service requirements and approaches for streamlining grants adminis- companies that mask prior noncompliance driver fatigue. The conference report re- tration and processes to reduce burdens for and adverse safety history. The provisions moves a Senate provision that would have the states and local governments. The con- authorize the Secretary to withhold, sus- amended the membership of the Motor Car- ference report makes some administrative pend, amend, or revoke a motor carrier’s reg- rier Safety Advisory Committee to specifi- amendments to the existing commercial istration if the carrier failed to disclose an cally include non-profit employee organiza- driver license program improvement grant adverse safety history or other facts relevant tion representation. that was included in the Senate bill. The to its past regulatory compliance. The provi- The provisions included direct the Sec- conference also retains the Senate provision sions authorize similar action where the Sec- retary to establish a national registry of requiring a report to Congress on resuming retary finds that within the previous 3 years medical examiners, issue regulations to es- the commercial vehicle information systems the carrier: (1) was closely related to another tablish minimum entry-level training re- and networks program. motor carrier with a poor compliance his- quirements for all CMV operators, require Motorcoach Safety. The conference report tory; and (2) did not disclose this relation- States to modernize commercial driver’s li- includes provisions addressing the safety of ship in its application. The Secretary is cense (CDL) information systems, and add motorcoach operations. The conference granted authority to refuse or revoke a disqualification standards for drivers. The adopts the Senate approach, but modifies USDOT number to an applicant that is unfit, conference report includes Senate provisions some rulemaking and research requirements unwilling or unable to comply with the safe- for the commercial driver’s license program, and removes registration provisions. The ty regulations. The conference report but removes language for federal guidance conference report consolidates several re- amends some of the Senate provisions to on critical requirements for effective State search and rulemakings related to fire pre- limit the unintended results of punishing in- CDL programs. The conference report in- vention and mitigation. The report amends dividuals who were not guilty parties in precludes alternate language directing states to language on assessing the feasibility of ret- vious companies. prioritize areas that the Secretary has iden- rofitting existing motorcoaches with safety The conference report adopts several Sen- tified as critical in the most recent audit of requirements. The report makes conforming ate penalty provisions for operations in vio- their programs. definition changes regarding the registration The conference report also includes lan- lation of registration requirements. The con- of motorcoaches. The registration provisions guage for streamlining the process by which ference report includes civil penalties and were not included in the conference report military members and veterans who operate revocation authority for operating without because they are largely redundant to the heavy trucks during duty are able to obtain registration, operating as imminent hazard, provisions in the report updating registra- commercial driver’s licenses. The conference and transporting hazardous wastes without tion requirements for all motor carriers. provision includes Senate language directing necessary registration. Provisions increase The conference report also includes a Sen- the Secretary to complete a study and report the civil penalties for motor carriers, motor ate provision for oversight of motorcoaches. to Congress on what can be done to stream- carriers of migrant workers and private The provision directs the Secretary to estab- line the process. The report adds new lan- motor carriers that disobey a subpoena or a lish a safety fitness system to rate motor guage requiring the Secretary, based on rec- requirement of the Secretary to produce wit- coaches, determine and assign a fitness rat- ommendations of the report, to establish ac- nesses or records. Other provisions included ing for each motor coach, periodically review celerated licensing procedures within 1 year authorize the Secretary to suspend, amend the safety ratings and make public the fit- or revoke the registration of a motor carrier, of enactment. Drug and Alcohol Clearinghouse. The con- ness ratings of each motorcoach. broker or freight forwarder for failing to The conference report includes a new pro- ference report includes Senate provisions di- obey an administrative subpoena. Another recting the Secretary to establish a national vision that directs the Secretary, to the ex- provision authorizes the Secretary to place repository for records relating to alcohol and tent feasible, to ensure that motorcoach re- out of service the operations of a motor car- controlled substances testing of CMV driv- search programs and rulemaking are carried rier discovered to be operating vehicles with- ers. The records will be used to determine out concurrently. The report also includes a out the required registration, or operating the qualifications for operating a CMV. The provision requiring the Secretary to review beyond the scope of the registration granted. clearinghouse will include safeguards to pro- and report to Congress on the current knowl- The conference report amends the Senate tect the privacy of individuals to whom the edge and skill testing requirements for a provision for hazardous waste transportation information pertains and ensure that the in- commercial driver’s license passenger en- penalties and sets the penalty range at not formation is not divulged to anyone not di- dorsement. The conference agreement re- less than $20,000 but not to exceed $40,000. rectly involved in evaluating the individual’s moves a Senate rulemaking requirement on Electronic logging devices. The conference qualifications to drive a CMV. The con- distracted driving because FMCSA has al- report includes provisions directing the Sec- ference report also includes Senate provi- ready addressed this issue. retary to issue regulations requiring elec- sions for prohibiting an employer from hir- Truck, Size and Weight. The conference re- tronic logging devices for recording hours of ing a driver unless he or she has determined port includes provisions directing the Sec- service in commercial motor vehicles and that during the preceding three years that retary to study the effects of truck, size and sets basic performance standards for the de- such driver: did not test positive in violation weight on highway safety and infrastructure vice. The conference report adopted the Sen- of the regulations at title 49, Code of Federal and compile a list of existing state truck size ate approach with some amendments. The Regulations; and did not refuse a test under and weight laws. The conference report conference report adds an hours of service these regulations. Other included provisions amends the Senate study provisions. The field study to expand on a previous Federal grant preemption authority to the Secretary conference report includes language direct- Motor Carrier Safety Administration in regard to the reporting of valid positive ing the Secretary to consider the effects of (FMCSA) report on driver fatigue and max- results or refusals to take alcohol screening trucks operating in excess of federal law and imum driving time requirements focusing on and drug tests, and apply civil penalties to regulations in comparison to those trucks the 34-hour restart rule. The conference re- any violators of privacy and reporting re- that do not operate in excess of federal law port directs the Secretary, in prescribing quirements. and regulations, when assessing accident fre- regulations, to consider how the rule may re- The conference report amends Senate pro- quency and impacts to highway and bridge duce or eliminate requirements for drivers visions for archiving personal records to en- infrastructure. The conference report adopts and motor carriers to retain supporting doc- sure further individual privacy protections. the Senate requirement that the report must umentation associated with paper-based The conference report also includes amend- be submitted to Congress not later than 2 records. The conference report changes the ments to the National Transportation Safety years after enactment. name of the device and adds other language Board’s access to clearinghouse records. The Financial responsibility requirements. The to make clear that the devices are to be used conference report makes amendments to conference report includes provisions ad- only to enforce federal regulations. The re- clarify that the clearinghouse will be used to dressing the financial responsibility of port also includes a definition of ‘‘tamper re- determine whether individuals have existing freight-forwarders and brokers. These provi- sistant’’ and provisions to ensure that appro- employment prohibitions at the time of sions direct rulemakings to establish min- priate measures are taken to protect the pri- making hiring decisions. imum financial solvency and bonding re- vacy of individuals and the confidentiality of Motor Carrier Grant programs. The con- quirements for these entities. The con- the data. ference report does not include Senate provi- ference agreement includes exemptions for

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00426 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE June 28, 2012 CONGRESSIONAL RECORD — HOUSE H4585 air carrier and customs brokers who are al- the feasibility and effectiveness of using equivalent to the Federal permit, and ac- ready subject to financial responsibility re- paperless hazard communications systems. tions to improve the program including an quirements under federal law. The conference report includes these provi- additional level of fitness review. Based on Enforcement. The Senate bill included sev- sions and adds a requirement to conduct a the findings of the review, the Secretary eral provisions amending and updating cost-benefit analysis of the pilot projects and may either issue a rulemaking to make any FMCSA’s enforcement authorities. The con- submit recommendations on the analysis and necessary improvements to the program, or ference report includes nine of the Senate other findings in the report to Congress. publish in the Federal Register justification provisions. Five of the Senate enforcement The conference report includes Senate pro- for why a rulemaking is not necessary. provisions were not included in the con- visions requiring an assessment of the Pipe- Civil penalties. The conference report adds ference report: minimum prohibition on op- line and Hazardous Materials Safety Admin- new language amending civil penalties by re- eration of unfit carriers, minimum out of istration’s (PHMSA) hazmat data collection, moving the minimum penalty amount for service penalties, failure to pay civil penalty analysis and reporting. These provisions re- violations of hazardous materials laws and as a disqualifying offense, intrastate oper- quire PHMSA to develop an action plan and regulations. The conference report also adds ations of interstate motor carriers and en- timeline to make improvements to its sys- language amending penalties for training forcement of safety laws and regulations. tems. The conference report directs PHMSA violations. It includes a definition of ‘‘ob- Exemptions. The conference report amends to conduct the assessment in consultation struct’’ regarding penalties for obstruction an exemption for the transportation of agri- with Commandant of the Coast Guard, in of inspections and investigations. cultural commodities by increasing the per- lieu of in coordination with the Secretary of mitted travel radius from 100 air-miles to 150 Homeland Security. This amendment was in- TITLE V—NATIONAL RAIL SYSTEM PRESERVA- air-miles. The conference report includes cluded because the Coast Guard is more spe- TION, EXPANSION AND DEVELOPMENT ACT OF Senate language for a narrow exemption cifically involved in handling accidents and 2012 from federal requirements for covered farm investigations in the transportation of haz- The Senate legislation included provisions vehicles. This conference report adopts the ardous materials. that would direct the Secretary, in collabo- Senate language directing the Secretary to Hazmat Transportation. The conference re- ration with stakeholders, to develop a long- study and report to Congress on the safety port includes a new requirement for the Sec- range, national rail plan. Other provisions in impacts of the covered farm vehicle exemp- retary to study the safety of transporting this title would amend statutory require- tion. flammable liquids in the external pipes of ments for implementation of positive train TITLE III—SURFACE TRANSPORTATION AND cargo tanks, ‘‘wetlines.’’ The report specifies control, refine Surface Transportation Board FREIGHT POLICY ACT OF 2012 that the Secretary may not issue a rule- authorities and amend and update Amtrak’s making on ‘‘wetlines’’ until the study is environmental review, capital planning and The Senate legislation included provisions complete, but no later than two years after financing, and inspector general authorities. establishing a comprehensive national sur- the date of enactment. The conference report The conference report does not include any face transportation system and freight also modifies Senate provisions that direct of the provisions in this title. transportation policy. The policy would have the Secretary to address transportation of provided certainty to states and localities by TITLE VI—SPORT FISH RESTORATION AND perishable material after inspection, train- requiring the development of long term, RECREATIONAL BOATING SAFETY ACT OF 2012 ing for inspectors and the proper closing of strategic plans and directing transportation packaging after inspections, by requiring Sport Fish Restoration and Boating Trust investment data collection and evaluation that these regulations be issued within a Fund. The conference report adopts Senate efforts. This Senate title had included provi- year after enactment. provisions to authorize appropriations and sions for safety standards to ensure that the The Senate bill included a provision that amounts for administrative costs through design of federal transportation projects pro- requires uniform regulations for the safe FY 2013 for the Sport Fish Restoration and vides for adequate consideration of non-mo- loading and unloading of hazardous mate- Boating Trust Fund. The Trust Fund, often torized users. The conference report does not rials on and off tank cars and cargo tank referred to as Wallop-Breaux, is the main- include this title. trucks. The provision was not included in stay of funding for State and Federal sport TITLE IV—HAZARDOUS MATERIALS TRANSPOR- the conference report due to an ongoing rule- fish conservation and recreational boating TATION SAFETY IMPROVEMENT ACT OF 2012 making addressing the matter. safety programs. Funds go to projects that Training Programs. There is currently no The conference report includes a Senate support sport fish conservation and habitat uniform training standard for hazardous ma- provision that ensures States update the conservation in the States, and to assist terials (‘‘hazmat’’) inspectors and investiga- hazardous materials route registry kept by States in establishing and maintaining rectors. The conference bill requires the Sec- the Department of Transportation. reational boating safety and boater edu- retary to establish standards for training Special permitting. The conference report cation programs. The Trust Fund receives these inspectors and investigators. The con- amends provisions included in the Senate income from the following five sources: (1) ference report modifies the Senate bill to re- bill on special permits. The conference re- motorboat fuel taxes; (2) annual tax receipts quire that the standards be developed not port removes some language regarding cri- from small engine fuel used for outdoor later than 18 months after enactment, and to teria for special permits but includes the power equipment; (3) a manufacturers’ excise clarify that the standards are established as rulemaking provision for special permit and tax on sport fishing equipment; (4) import guidelines. approvals procedures. It directs a review and duties on fishing tackle and on yachts and The conference report includes Senate pro- analysis of special permits that have been in pleasure craft; and (5) interest on funds in- visions that amend training requirements for continuous effect for a 10-year period to de- vested prior to disbursal. All moneys re- emergency responders of hazardous mate- termine which permits can be converted into ceived in a given fiscal year are apportioned rials. These provisions direct that organiza- the hazardous materials regulations (HMR). to the States in the following fiscal year. tions receiving grant funding to train emer- It includes factors that the Secretary may TITLE VII—MISCELLANEOUS gency responders have the ability to protect consider in reviewing special permits. After against accidents or incidents involving the the analysis is complete, but no later than 3 Overflights in Grand Canyon National transportation of hazardous material in ac- years after enactment, the report authorizes Park. The conference report makes amend- cordance with existing regulations and the Secretary to issue regulations for incor- ments to a Senate provision on aircraft noise standards. porating special permits into the HMR. The abatement at Grand Canyon National Park The conference report adds language to amended language also directs the Secretary (GCNP). The provision establishes standards permit ‘‘portable training’’ which can be of- to publish in the Federal Register justifica- to be used by the National Park Service fered in any suitable setting rather than spe- tion in the case of special permits that are (NPS) in restoring natural quiet at GCNP, cific, designated facilities. This provision is not appropriate for incorporation into the defines the term ‘‘substantial restoration of included to allow training at locations and HMR. Similarly, the amended language in- natural quiet’’ for the park, and directs the times convenient to students and instruc- cludes a process to review a special permit NPS to take measures that promote adop- tors. The conference report also adds re- for incorporation into the regulations once tion of quiet technology aircraft at GCNP. quirements to ensure that the emergency re- that permit has been in effect for 10 years. Commercial air tour operations. The con- sponder and hazmat employee training Motor carrier safety permits. The conference report amends a Senate provision for grants be awarded through a competitive ference report includes a provision directing commercial air tour operations at national process. the Secretary to conduct a review of the im- parks. The report modifies existing statu- Data Collection and Research. The Senate plementation of the hazardous material safe- tory authority to clarify the conditions bill recognized the need for increased re- ty permit program. The conference report di- under which the Director of the NPS may search and data collection on hazardous ma- rects the Secretary to consider factors, in- deny an application to begin or expand com- terials programs and included a new pilot cluding the list of hazardous materials re- mercial air tour operations without devel- program for paperless hazard communica- quiring a safety permit, the criteria used by oping an air tour management plan at Crater tions. The program would permit the Sec- PHMSA to determine whether a hazardous Lake National Park and Great Smoky Moun- retary to conduct pilot projects to evaluate material safety permit issued by a State is tains National Park only.

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PART I—EXTENSION OF HIGHWAY TRUST PRESENT LAW HIGHWAY TRUST FUND Effective date.—The provision is effective FUND EXPENDITURE AUTHORITY AND EXPENDITURE PROVISIONS July 1, 2012. RELATED TAXES In general SENATE AMENDMENT A. Extension of Highway Trust Fund Expend- Under present law, revenues from the high- iture Authority and Extension of Highway- way excise taxes, as imposed through June The expenditure authority for the Highway Related Taxes 30, 2012, generally are dedicated to the High- Trust Fund is extended through September (secs. 141 and 142 of the House bill, secs. 40101 way Trust Fund. Dedication of excise tax 30, 2013. The Code provisions governing the and 40102 of the Senate amendment, secs. revenues to the Highway Trust Fund and ex- purposes for which monies in the Highway 40101 and 40102 of the conference agree- penditures from the Highway Trust Fund are Trust Fund may be spent are updated to in- ment, and secs. 4041, 4051, 4071, 4081, 4221, governed by the Code.9 The Code authorizes clude the reauthorization bill, Moving Ahead 4481 4483, 6412, 9503, 9504, and 9508 of the expenditures (subject to appropriations) for Progress for the 21st Century (MAP–21).13 1 from the Highway Trust Fund through June Code) The provision extends the motor fuel 30, 2012, for the purposes provided in author- PRESENT LAW HIGHWAY TRUST FUND EXCISE taxes, and all three non-fuel excise taxes at TAXES izing legislation, as such legislation was in effect on the date of enactment of the Sur- their current rates through September 30, 14 In general face Transportation Extension Act of 2012. 2015. The provision resolves the projected deficit in the Highway Trust Fund, assures a Six separate excise taxes are imposed to fi- Highway Trust Fund expenditure purposes nance the Federal Highway Trust Fund pro- cushion of $2.8 billion in each account of the gram. Three of these taxes are imposed on The Highway Trust Fund has a separate Highway Trust Fund, and creates a solvency highway motor fuels. The remaining three account for mass transit, the Mass Transit account available for use by either highways 10 are a retail sales tax on heavy highway vehi- Account. The Highway Trust Fund and the or mass transit. Specifically, the Secretary cles, a manufacturers’ excise tax on heavy Mass Transit Account are funding sources of the Treasury is to transfer the excess of vehicle tires, and an annual use tax on heavy for specific programs. (1) any amount appropriated to the Highway Highway Trust Fund expenditure purposes vehicles. A substantial majority of the reve- Trust Fund before October 1, 2013, by reason have been revised with each authorization nues produced by the Highway Trust Fund of the provisions of this bill, over (2) the Act enacted since establishment of the High- excise taxes are derived from the taxes on way Trust Fund in 1956. In general, expendi- amount necessary to meet the required ex- motor fuels. The annual use tax on heavy ve- tures authorized under those Acts (as the penditures from the Highway Trust Fund as hicles expires October 1, 2013. Except for 4.3 Acts were in effect on the date of enactment authorized in section 9503(c) of the Code cents per gallon of the Highway Trust Fund of the most recent such authorizing Act) are (which provides expenditure authority from fuels tax rates, the remaining taxes are specified by the Code as Highway Trust Fund the Highway Trust Fund) for the period end- scheduled to expire after June 30, 2012. The expenditure purposes.11 The Code provides ing before October 1, 2013. Amounts in the 4.3-cents-per-gallon portion of the fuels tax solvency account are available for transfers 2 that the authority to make expenditures rates is permanent. The six taxes are sum- to the Highway Account and the Mass Tran- marized below. from the Highway Trust Fund expires after June 30, 2012. Thus, no Highway Trust Fund sit Account in such amounts as determined Highway motor fuels taxes expenditures may occur after June 30, 2012, necessary by the Secretary to ensure that The Highway Trust Fund motor fuels tax without an amendment to the Code. each account has a surplus balance of $2.8 rates are as follows: 3 As noted above, section 9503 appropriates billion on September 30, 2013. The solvency to the Highway Trust Fund amounts equiva- account terminates on September 30, 2013 Gasoline ...... 18.3 cents per gallon lent to the taxes received from the following: and any remainder in the solvency account Diesel fuel and kerosene 24.3 cents per gallon the taxes on diesel, gasoline, kerosene and remains in the Highway Trust Fund. The Alternative fuels ...... 18.3 or 24.3 cents per gallon generally 4 special motor fuel, the tax on tires, the an- Committee expects that the Secretary of the 4 See secs. 4041(a)(2), 4041(a)(3), and 4041(m). nual heavy vehicle use tax, and the tax on Treasury will consult with the Secretary of the retail sale of heavy trucks and trailers.12 Non-fuel highway trust fund excise taxes Transportation in making determinations Section 9601 provides that amounts appro- concerning amounts necessary to meet re- In addition to the highway motor fuels ex- priated to a trust fund pursuant to sections quired expenditures and amounts necessary cise tax revenues, the Highway Trust Fund 9501 through 9511, are to be transferred at to ensure the cushion of $2.8 billion. receives revenues produced by three excise least monthly from the General Fund of the taxes imposed exclusively on heavy highway Treasury to such trust fund on the basis of Effective date.—The provision is effective vehicles or tires. These taxes are: estimates made by the Secretary of the on April 1, 2012. 1. A 12-percent excise tax imposed on the Treasury of the amounts referred to in the CONFERENCE AGREEMENT first retail sale of heavy highway vehicles, Code section appropriating the amounts to tractors, and trailers (generally, trucks hav- such trust fund. The Code requires that prop- The conference agreement provides for ex- ing a gross vehicle weight in excess of 33,000 er adjustments be made in amounts subse- penditure authority through September 30, pounds and trailers having such a weight in quently transferred to the extent prior esti- 2014. The Code provisions governing the pur- 5 excess of 26,000 pounds); mates were in excess of, or less than, the poses for which monies in the Highway Trust 2. An excise tax imposed on highway tires amounts required to be transferred. Fund may be spent are updated to include with a rated load capacity exceeding 3,500 HOUSE BILL the conference agreement bill, MAP–21. pounds, generally at a rate of 0.945 cents per Cross-references to the reauthorization bill 6 Present-law expenditure authority and 10 pounds of excess; and in the Code provisions governing the Sport 3. An annual use tax imposed on highway taxes are extended for an additional three Fish Restoration and Boating Trust Fund vehicles having a taxable gross weight of months, through September 30, 2012. are also updated to include the conference 55,000 pounds or more.7 (The maximum rate agreement bill. In general, the provision ex- for this tax is $550 per year, imposed on vehi- 9 Sec. 9503. The Highway Trust Fund statutory pro- tends the taxes dedicated to the Highway cles having a taxable gross weight over 75,000 visions were placed in the Internal Revenue Code in Trust Fund at their present law rates pounds.) 1982. 10 The taxable year for the annual use tax is Sec. 9503(e)(1). through September 30, 2016, and for the 11 The authorizing Acts that currently are ref- from July 1st through June 30th of the fol- heavy vehicle use tax, through September 30, erenced in the Highway Trust Fund provisions of the 2017.15 lowing year. For the period July 1, 2013, Code are: the Highway Revenue Act of 1956; Titles I through September 30, 2013, the amount of and II of the Surface Transportation Assistance Act Effective date.—The provision is effective the annual use tax is reduced by 75 percent.8 of 1982; the Surface Transportation and Uniform Re- July 1, 2012. location Act of 1987; the Intermodal Surface Trans- portation Efficiency Act of 1991; the Transportation 13 1 Except where otherwise stated, all section ref- Equity Act for the 21st Century, the Surface Trans- The provision also replaces cross-references to erences are to the Internal Revenue Code of 1986, as portation Extension Act of 2003, the Surface Trans- the Surface Transportation Extension Act of 2011, amended (the ‘‘Code’’). portation Extension Act of 2004; the Surface Trans- Part II, with MAP–21, and replaces April 1, 2012 ref- 2 This portion of the tax rates was enacted as a def- portation Extension Act of 2004, Part II; the Surface erences with October 1, 2013 in the Code provisions icit reduction measure in 1993. Receipts from it were Transportation Extension Act of 2004, Part III; the governing the Leaking Underground Storage Tank retained in the General Fund until 1997 legislation Surface Transportation Extension Act of 2004, Part Trust Fund, and the Sport Fish Restoration and provided for their transfer to the Highway Trust IV; the Surface Transportation Extension Act of Boating Trust Fund. Fund. 2004, Part V; the Safe, Accountable, Flexible, Effi- 14 The Leaking Underground Storage Tank Trust 3 Secs. 4081(a)(2)(A)(i), 4081(a)(2)(A)(iii), 4041(a)(2), cient Transportation Equity Act: A Legacy for Fund financing rate of 0.1 cent per gallon also is ex- 4041(a)(3), and 4041(m). Some of these fuels also are Users; the SAFETEA–LU Technical Corrections Act tended through September 30, 2015. subject to an additional 0.1-cent-per-gallon excise of 2008; the Surface Transportation Extension Act of 15 The Leaking Underground Storage Tank Trust tax to fund the Leaking Underground Storage Tank 2010; the Surface Transportation Extension Act of Fund financing rate also is extended through Sep- Trust Fund (secs. 4041(d) and 4081(a)(2)(B)). 2010, Part II; the Surface Transportation Extension tember 30, 2016. The provision also corrects a poten- 5 Sec. 4051. Act of 2011; the Surface Transportation Extension tial drafting ambiguity regarding the taxable period 6 Sec. 4071. Act of 2011, Part II, and the Surface Transportation as reflected in prior legislation. The provision is ef- 7 Sec. 4481. Extension Act of 2012. fective as if included in section 142 of the Surface 8 Sec. 4482(c)(4) and (d). 12 Sec. 9503(b)(1). Transportation Extension Act of 2011, Part II.

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PART II—REVENUE PROVISIONS SENATE AMENDMENT target normal cost. The plan’s funding tar- A. Leaking Underground Storage Tank Trust The provision transfers $3 billion from the get for a plan year is the present value of all Fund LUST Trust Fund to the Highway Trust benefits accrued or earned as of the beginning of the plan year. A plan’s target normal (secs. 40301 and 40302 of the Senate amend- Fund. The provision also provides that 0.033 cost for a plan year is generally the present ment, sec. 40201 of the conference agree- cent of the 0.1 cent LUST Trust Fund financ- value of benefits expected to accrue or to be ment and secs. 9503 and 9508 of the Code) ing rate is dedicated to the Highway Trust Fund.19 earned during the plan year. PRESENT LAW Effective date.—The provision is effective If the net value of plan assets is less than Leaking Underground Storage Tank Trust Fund on the date of enactment. the plan’s funding target, so that the plan financing rate CONFERENCE AGREEMENT has a funding shortfall (discussed further Fuels of a type subject to other trust fund The conference agreement transfers $2.4 below), the minimum required contribution excise taxes generally are subject to an add- billion from the LUST Trust Fund to the is the sum of the plan’s target normal cost on excise tax of 0.1-cent-per-gallon to fund Highway Account of the Highway Trust and the shortfall amortization charge for the 24 the Leaking Underground Storage Tank Fund. plan year (determined as described below). (‘‘LUST’’) Trust Fund.16 For example, the The conference agreement does not include If the net value of plan assets is equal to or LUST excise tax applies to gasoline, diesel the Senate amendment provision to transfer exceeds the plan’s funding target, the min- fuel, kerosene, and most alternative fuels 0.033 cent of the 0.1 cent LUST Trust Fund fi- imum required contribution is the plan’s tar- subject to highway and aviation fuels excise nancing rate to the Highway Trust Fund. get normal cost, reduced by the amount, if taxes, and to fuels subject to the inland wa- Effective date.—The provision is effective any, by which the net value of plan assets terways fuel excise tax. This excise tax is on the date of enactment. exceeds the plan’s funding target. imposed on both uses and parties subject to B. Pension Funding Stabilization Shortfall amortization charge the other taxes, and to situations (other (sec. 40312 of the Senate amendment, sec. The shortfall amortization charge for a than export) in which the fuel otherwise is 40211 of the conference agreement, Code plan year is the sum of the annual shortfall tax-exempt. For example, off-highway busi- sec. 430, and ERISA secs. 101(f) and 303) amortization installments attributable to ness use of gasoline and off-highway use of PRESENT LAW the shortfall bases for that plan year and the diesel fuel and kerosene generally are ex- Minimum funding rules six previous plan years. Generally, if a plan empt from highway motor fuels excise tax. has a funding shortfall for the plan year, a Defined benefit plans generally are subject Similarly, States and local governments and to minimum funding rules that require the shortfall amortization base must be estab- certain other parties are exempt from such 25 sponsoring employer generally to make a lished for the plan year. A plan’s funding tax. Nonetheless, all such uses and parties contribution for each plan year to fund plan shortfall is the amount by which the plan’s are subject to the 0.1-cent-per-gallon LUST benefits.20 Parallel rules apply under the Em- funding target exceeds the net value of plan excise tax. ployee Retirement Income Security Act of assets. The shortfall amortization base for a Liquefied natural gas, compressed natural 1974 (‘‘ERISA’’), which is generally in the ju- plan year is: (1) the plan’s funding shortfall, gas, and liquefied petroleum gas are exempt risdiction of the Department of Labor.21 The minus (2) the present value, determined from the LUST tax. Additionally, methanol minimum funding rules for single-employer using the segment interest rates (discussed and ethanol fuels produced from coal (includ- defined benefit plans were substantially re- below), of the aggregate total of the shortfall ing peat) are taxed at a reduced rate of 0.05 vised by the Pension Protection Act of 2006 amortization installments that have been de- cents per gallon. (‘‘PPA’’).22 termined for the plan year and any suc- The LUST tax is scheduled to expire after ceeding plan year with respect to any short- Minimum required contributions June 30, 2012.17 fall amortization bases for the six previous In general Overview of Leaking Underground Storage plan years. The shortfall amortization base Tank Trust Fund expenditure provisions The minimum required contribution for a is amortized in level annual installments plan year for a single-employer defined ben- (‘‘shortfall amortization installments’’) over Amounts in the LUST Trust Fund are efit plan generally depends on a comparison a seven-year period beginning with the cur- available, as provided in appropriations Acts, of the value of the plan’s assets, reduced by rent plan year and using the segment inter- for purposes of making expenditures to carry any prefunding balance or funding standard est rates (discussed below).26 out sections 9003(h)–(j), 9004(f), 9005(c), and carryover balance (‘‘net value of plan as- The shortfall amortization base for a plan 9010–9013 of the Solid Waste Disposal Act as sets’’),23 with the plan’s funding target and year may be positive or negative, depending in effect on the date of enactment of Public on whether the present value of remaining Law 109–168. Any claim filed against the 19 As noted above, the Leaking Underground Stor- installments with respect to amortization LUST Trust Fund may be paid only out of bases for previous years is more or less than such fund, and the liability of the United age Tank Trust Fund financing rate of 0.1 cent per gallon is also extended through September 30, 2015. the plan’s funding shortfall. If the shortfall States for claims is limited to the amount in 20 Sec. 412. A number of exceptions to the min- amortization base is positive (that is, the the fund. imum funding rules apply. For example, govern- funding shortfall exceeds the present value The monies in the LUST Trust Fund are mental plans (within the meaning of section 414(d) of the remaining installments), the related used to pay expenses incurred by the Envi- and church plans (within the meaning of section shortfall amortization installments are posi- ronmental Protection Agency (the ‘‘EPA’’) 414(e)) are generally not subject to the minimum funding rules. Under section 4971, an excise tax ap- tive. If the shortfall amortization base is and the States for preventing, detecting, and negative, the related shortfall amortization cleaning up leaks from petroleum under- plies to an employer maintaining a single-employer plan if the minimum funding requirements are not installments are negative. The positive and ground storage tanks, as well as programs to satisfied. negative shortfall amortization installments evaluate the compatibility of fuel storage 21 Sec. 302 of ERISA. for a particular plan year are netted when tanks with alternative fuels, MTBE addi- 22 Pub. L. No. 109–280. The PPA minimum funding adding them up in determining the shortfall tives, and ethanol and biodiesel blends. rules for single-employer plans are generally effec- The EPA makes grants to States to imple- tive for plan years beginning after December 31, 2007. ment the program, and States use cleanup Delayed effective dates apply to single-employer 24 If the plan has obtained a waiver of the min- funds primarily to oversee and enforce cor- plans sponsored by certain large defense contrac- imum required contribution (a funding waiver) with- tors, multiple-employer plans of some rural coopera- in the past five years, the minimum required con- rective actions by responsible parties. States tives, eligible charity plans, and single-employer tribution also includes the related waiver amortiza- and EPA also use cleanup funds to conduct plans affected by settlement agreements with the tion charge, that is, the annual installment needed corrective actions where no responsible Pension Benefit Guaranty Corporation. Subsequent to amortize the waived amount in level installments party has been identified, where a respon- changes to the single-employer plan and multiem- over the five years following the year of the waiver. sible party fails to comply with a cleanup ployer plan funding rules (including temporary fund- 25 If the value of plan assets, reduced only by any order, in the event of an emergency, and to ing relief) were made by the Worker, Retiree, and prefunding balance if the employer elects to apply take cost recovery actions against parties. Employer Recovery Act of 2008 (‘‘WRERA’’), Pub. L. the prefunding balance against the required con- No. 110–458, and the Preservation of Access to Care tribution for the plan year, is at least equal to the In 2005, Congress authorized the EPA and for Medicare Beneficiaries and Pension Relief Act of plan’s funding target, no shortfall amortization base States to use trust fund monies for non- 2010 (‘‘PRA 2010’’), Public Law 111–192. is established for the year. cleanup purposes as well, specifically for ad- 23 The value of plan assets is generally reduced by 26 Under PRA 2010, employers were permitted to ministration and enforcement of the leak any prefunding balance or funding standard carry- elect to use one of two alternative extended amorti- prevention requirements of the UST pro- over balance in determining minimum required con- zation schedules for up to two ‘‘eligible’’ plan years gram.18 tributions, including for this purpose. A prefunding during the period 2008–2011. The use of an extended balance results from contributions to a plan that ex- amortization schedule has the effect of reducing the HOUSE BILL ceed the minimum required contributions. A funding amount of the shortfall amortization installments No provision. standard carryover balance results from a positive attributable to the shortfall amortization base for balance in the funding standard account that ap- the eligible plan year. However, the shortfall amor- plied under the funding requirements in effect before tization installments attributable to an eligible plan 16 Secs. 4041, 4042, and 4081. PPA. Subject to certain conditions, a prefunding year may be increased by an additional amount, an 17 For Federal budget scorekeeping purposes, the balance or funding standard carryover balance may ‘‘installment acceleration amount,’’ in the case of LUST Trust Fund tax, like other excise taxes dedi- be credited against the minimum required contribu- employee compensation exceeding $1 million, ex- cated to trust funds, is assumed to be permanent. tion for a year, reducing the amount that must be traordinary dividends, or stock redemptions within 18 Pub. L. No. 109–58. contributed. a certain period of the eligible plan year.

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00429 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H4588 CONGRESSIONAL RECORD — HOUSE June 28, 2012 amortization charge for the plan year, but target or target normal cost is an element, is limits to lump sums (and the certain other the resulting shortfall amortization charge cross-referenced elsewhere. forms of benefit). cannot be less than zero (i.e., negative amor- Funding target attainment percentage Limits apply to the amount of plan con- tization installments may not offset normal A plan’s funding target attainment per- tributions that may be deducted by an em- cost). 35 centage for a plan year is the ratio, ex- ployer. In the case of a single-employer de- If the net value of plan assets for a plan pressed as a percentage, that the net value of fined benefit plan, the plan’s funding target year is at least equal to the plan’s funding plan assets bears to the plan’s funding target and target normal cost, determined using target for the year, so the plan has no fund- for the year. Special rules may apply to a the segment rates that apply for funding ing shortfall, any shortfall amortization plan if its funding target attainment per- purposes, are taken into account in calcu- bases and related shortfall amortization in- centage is below a certain level. For exam- lating the limit on deductible contributions. stallments are eliminated.27 As indicated ple, funding target attainment percentage is Subject to various conditions, a qualified above, if the net value of plan assets exceeds used to determine whether a plan is in ‘‘at- transfer of excess assets of a single-employer the plan’s funding target, the excess is ap- risk’’ status, so that special actuarial as- defined benefit plan to a retiree medical ac- plied against target normal cost in deter- sumptions (‘‘at-risk assumptions’’) must be count within the plan may be made in order mining the minimum required contribution. used in determining the plan’s funding tar- to fund retiree health benefits.36 For this Interest rate used to determine target normal get and target normal cost.28 A plan is in at purpose, excess assets generally means the cost and funding target risk status for a plan year if, for the pre- excess, if any, of the value of the plan’s as- The minimum funding rules for single-em- ceding year: (1) the plan’s funding target at- sets over 125 percent of the sum of the plan’s ployer plans specify the interest rates and tainment percentage, determined without refunding target and target normal cost for other actuarial assumptions that must be gard to the at-risk assumptions, was less the plan year. used in determining the present value of ben- than 80 percent, and (2) the plan’s funding PBGC premiums and 4010 reporting efits for purposes of a plan’s target normal target attainment percentage, determined PBGC premiums apply with respect to de- cost and funding target. using the at-risk assumptions (without refined benefit plans covered by ERISA.37 In Present value is determined using three in- gard to whether the plan was in at-risk sta- the case of a single-employer defined benefit terest rates (‘‘segment’’ rates), each of which tus for the preceding year), was less than 70 plan, flat-rate premiums apply at a rate of applies to benefit payments expected to be percent.29 In addition, special reporting to $35.00 per participant for 2012.38 If a single- made from the plan during a certain period. the Pension Benefit Guaranty Corporation employer defined benefit plan has unfunded The first segment rate applies to benefits (‘‘PBGC’’) may be required if a plan’s funding vested benefits, variable-rate premiums also reasonably determined to be payable during target attainment percentage is less than 80 apply at a rate of $9 per $1,000 of unfunded the five-year period beginning on the first percent.30 vested benefits divided by the number of par- day of the plan year; the second segment Restrictions on benefit increases, certain ticipants. For purposes of determining vari- rate applies to benefits reasonably deter- types of benefits and benefit accruals (collec- able-rate premiums, unfunded vested bene- mined to be payable during the 15-year pe- tively referred to as ‘‘benefit restrictions’’) fits are equal to the excess (if any) of (1) the riod following the initial five-year period; may apply to a plan if the plan’s adjusted plan’s funding target for the year determined and the third segment rate applies to bene- funding target attainment percentage is as under the minimum funding rules, but fits reasonably determined to be payable at below a certain level.31 Adjusted funding tar- taking into account only vested benefits, the end of the 15-year period. Each segment get attainment percentage is determined in over (2) the fair market value of plan assets. rate is a single interest rate determined the same way as funding target attainment In determining the plan’s funding target for monthly by the Secretary of the Treasury percentage, except that the net value of plan this purpose, the interest rates used are seg- (‘‘Secretary’’) on the basis of a corporate assets and the plan’s funding target are both ment rates determined as under the min- bond yield curve, taking into account only increased by the aggregate amount of pur- imum funding rules, but determined on a the portion of the yield curve based on cor- chases of annuities for employees, other than monthly basis, rather than using a 24–month porate bonds maturing during the particular highly compensated employees, made by the average of corporate bond rates. segment rate period. The corporate bond plan during the two preceding plan years. Al- yield curve used for this purpose reflects the though anti-cutback rules generally prohibit In certain circumstances, the contributing average, for the 24-month period ending with reductions in benefits that have already been sponsor of a single-employer plan defined the preceding month, of yields on investment earned under a plan,32 reductions required to benefit pension plan covered by the PBGC grade corporate bonds with varying matu- comply with the benefit restrictions are per- (and members of the contributing sponsor’s rities and that are in the top three quality mitted. controlled group) must provide certain information to the PBGC (referred to as ‘‘section levels available. The Internal Revenue Serv- Minimum and maximum lump sums, limits on 4010 reporting’’).39 This information includes ice (IRS) publishes the segment rates each deductible contributions, retiree health month. actuarial information with respect to single- Defined benefit plans commonly allow a The present value of liabilities under a employer plans maintained by the contrib- participant to choose among various forms plan is determined using the segment rates uting sponsor (and controlled group mem- of benefit offered under the plan, such as a for the ‘‘applicable month’’ for the plan year. bers). Section 4010 reporting is required if: (1) lump-sum distribution. These optional forms The applicable month is the month that in- the funding target attainment percentage at of benefit generally must be actuarially cludes the plan’s valuation date for the plan the end of the preceding plan year of a plan equivalent to the life annuity benefit pay- year, or, at the election of the employer, any maintained by the contributing sponsor or able to the participant at normal retirement of the four months preceding the month that any member of its controlled group is less age. For certain forms of benefit, such as includes the valuation date. than 80 percent; (2) the conditions for impo- lump sums, the benefit amount cannot be Solely for purposes of determining min- sition of a lien (i.e., required contributions less than the amount determined using the imum required contributions, in lieu of the totaling more than $1 million have not been segment rates and a specified mortality segment rates described above, an employer made) have occurred with respect to a plan table.33 For this purpose, however, the seg- may elect to use interest rates on a yield maintained by the contributing sponsor or ment rates are determined on a monthly curve based on the yields on investment any member of its controlled group; or (3) basis, rather than using a 24-month average grade corporate bonds for the month pre- minimum funding waivers in excess of $1 of corporate bond rates. ceding the month in which the plan year be- million have been granted with respect to a The amount of benefits under a defined gins (i.e., without regard to the 24-month plan maintained by the contributing sponsor benefit plan are subject to certain limits.34 averaging described above) (‘‘monthly yield or any member of its controlled group and The segment rates used in determining min- curve’’). If an election to use a monthly yield any portion of the waived amount is still imum lump sums (and certain other forms of curve is made, it cannot be revoked without outstanding. benefit) are also used in applying the benefit IRS approval. Annual funding notice Use of segment rates for other purposes 28 If a plan is in at-risk status, under section The plan administrator of a defined benefit In general 409A(b)(3), limitations apply on the employer’s abil- plan must provide an annual funding notice In addition to being used to determine a ity to set aside assets to provide benefits under a to: (1) each participant and beneficiary; (2) plan’s funding target and target normal cost, nonqualified deferred compensation plan. each labor organization representing such 29 the segment rates are used also for other A similar test applies in order for an employer to be permitted to apply a prefunding balance against purposes, either directly because the seg- its required contribution, that is, for the preceding 35 Sec. 404. ment rates themselves are specifically cross- year, the ratio of the value of plan assets (reduced 36 Sec. 420. Under present law, a qualified transfer referenced or indirectly because funding tar- by any prefunding balance) must be at least 80 per- is not permitted after December 31, 2013. get, target normal cost, or some other con- cent of the plan’s funding target (determined with- 37 ERISA sec. 4006. cept, such as funding target attainment per- out regard to the at-risk rules). 38 Flat-rate premiums apply also to multiemployer centage (discussed below) in which funding 30 ERISA sec. 4010. defined benefit plans at a rate of $9.00 per partici- 31 Code sec. 436 and ERISA sec. 206(g). pant. Single-employer and multiemployer flat-rate 32 Code sec. 411(d)(6) and ERISA sec. 204(g). premium rates are indexed for inflation. The rate of 27 Any amortization base relating to a funding 33 Code sec. 417(e) and ERISA sec. 205(g). variable-rate premiums is not indexed. waiver for a previous year is also eliminated. 34 Sec. 415(b). 39 ERISA sec. 4010.

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00430 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE June 28, 2012 CONGRESSIONAL RECORD — HOUSE H4589 participants or beneficiaries; and (4) the the first segment rates determined under the Annual funding notice PBGC.40 regular rules for the 25-year period ending The conference agreement requires addi- In addition to the information required to September 30, 2011, the segment rate is ad- tional information to be included in the an- be provided in all funding notices, certain in- justed to 90 percent of the 25-year average. nual funding notice in the case of an applica- formation must be provided in the case of a The change in the method of determining ble plan year. For this purpose, an applicable single-employer defined benefit plan, includ- segment rates generally applies for the pur- plan year is any plan year beginning after ing: poses for which segment rates are used under December 31, 2011, and before January 1, 2015, a statement as to whether the plan’s fund- present law, except for purposes of deter- for which (1) the plan’s funding target, deter- ing target attainment percentage (as defined mining minimum and maximum lump-sum mined using segment rates as adjusted to re- under the minimum funding rules) for the 41 benefits, limits on deductible contributions flect average segment rates (‘‘adjusted’’ seg- plan year to which the notice relates and the to single-employer defined benefit plans, and ment rates), is less than 95 percent of the two preceding plan years, is at least 100 per- PBGC variable-rate premiums. funding target determined without regard to cent (and, if not, the actual percentages); Effective date.—The provision in the Senate adjusted segment rates (that is, determined and Amendment is generally effective for plan as under present law), (2) the plan has a a statement of (a) the total assets (sepa- years beginning after December 31, 2011. funding shortfall, determined without regard rately stating any funding standard carry- Under a special rule, an employer may elect, to adjusted segment rates, greater than over or prefunding balance) and the plan’s li- for any plan year beginning on or before the $500,000 and (3) the plan had 50 or more par- abilities for the plan year and the two pre- date of enactment and solely for purposes of ticipants on any day during the preceding ceding years, determined in the same man- determining the plan’s adjusted funding tar- plan year. ner as under the funding rules, and (b) the get attainment percentage (used in applying The additional information that must be value of the plan’s assets and liabilities as of the benefit restrictions) for that year, not to provided is: the last day of the plan year to which the no- have the provision apply. A plan is not treat- a statement that MAP–21 modified the tice relates, determined using fair market ed as failing to meet the requirements of the value and the interest rate used in deter- method for determining the interest rates anti-cutback rules solely by reason of an used to determine the actuarial value of ben- mining variable rate premiums. election under the special rule. A funding notice may also include any ad- efits earned under the plan, providing for a CONFERENCE AGREEMENT ditional information that the plan adminis- 25-year average of interest rates to be taken trator elects to include to the extent not in- The conference agreement follows the Sen- into account in addition to a 2-year average; consistent with regulations. The notice must ate amendment with several modifications. a statement that, as a result of MAP–21, be written so as to be understood by the av- Average segment rates the plan sponsor may contribute less money erage plan participant. As required under to the plan when interest rates are at histor- The change in the method of determining ical lows, and PPA, the Secretary of Labor has issued a segment rates generally applies for the pur- a table showing, for the applicable plan model funding notice that can be used to sat- poses for which segment rates are used under year and each of the two preceding plan isfy the notice requirement. present law, except for purposes of minimum years, the plan’s funding target attainment HOUSE BILL and maximum lump-sum benefits,42 limits on percentage, funding shortfall, and the em- deductible contributions to single-employer No provision. ployer’s minimum required contribution, defined benefit plans, qualified transfers of SENATE AMENDMENT each determined both using adjusted seg- excess pension assets to retiree medical ac- The Senate amendment revises the rules ment rates and without regard to adjusted counts,43 PBGC variable-rate premiums,44 for determining the segment rates under the segment rates (that is, as under present law). and 4010 reporting to the PBGC. single-employer plan funding rules by ad- In the case of a preceding plan year begin- The special effective date rule is modified justing a segment rate if the rate determined ning before January 1, 2012, the plan’s fund- under the conference agreement so that an under the regular rules is outside a specified ing target attainment percentage, funding employer may elect, for any plan year begin- range of the average of the segment rates for shortfall, and the employer’s minimum re- ning before January 1, 2013, not to have the the preceding 25-year period (‘‘average’’ seg- quired contribution provided are determined provision apply either (1) for all purposes for ment rates). In particular, if a segment rate only without regard to adjusted segment which the provision would otherwise apply, determined for an applicable month under rates (that is, as under present law). or (2) solely for purposes of determining the the regular rules is less than the applicable As under present law, a funding notice may plan’s adjusted funding target attainment minimum percentage, the segment rate is also include any additional information that percentage (used in applying the benefit re- adjusted upward to match that percentage. If the plan administrator elects to include to strictions) for that year. A plan is not treat- a segment rate determined for an applicable the extent not inconsistent with regulations. ed as failing to meet the requirements of the month under the regular rules is more than For example, a funding notice may include a anti-cutback rules solely by reason of an the applicable maximum percentage, the seg- statement of the amount of the employer’s election under the special rule. ment rate is adjusted downward to match actual or planned contributions to the plan. Under the conference agreement, if, as of that percentage. For this purpose, the aver- The Secretary of Labor is directed to mod- the date of enactment, an employer election age segment rate is the average of the seg- ify the model funding notice required so that is in effect to use a monthly yield curve in ment rates determined under the regular the model includes the additional informa- determining minimum required contribu- rules for the 25-year period ending Sep- tion in a prominent manner, for example, on tions, rather than segment rates, the em- tember 30 of the calendar year preceding the a separate first page before the remainder of ployer may revoke the election (and use seg- calendar year in which the plan year begins. the notice. ment rates, as modified by the conference The Secretary is to determine average seg- agreement provision) without obtaining IRS C. Transfer of Excess Pension Assets ment rates on an annual basis and may pre- approval. The revocation must be made at scribe equivalent rates for any years in the (secs. 40310 and 40311 of the Senate amend- any time before the date that is one year 25-year period for which segment rates deter- ment, secs. 40241 and 40242 of the con- after the date of enactment, and the revoca- mined under the regular rules are not avail- ference agreement, and sec. 420 of the tion will be effective for the first plan year able. The Secretary is directed to publish the Code) to which the amendments made by the provi- average segment rates each month. PRESENT LAW sion apply and all subsequent plan years. The applicable minimum percentage and Defined benefit pension plan reversions the applicable maximum percentage depend The employer is not precluded from making Defined benefit plan assets generally may on the calendar year in which the plan year a subsequent election to use a monthly yield not revert to an employer prior to termi- begins as shown by the following table: curve in determining minimum required contributions in accordance with present law. nation of the plan and satisfaction of all plan 45 The applicable The applicable liabilities. Upon plan termination, the ac- If the calendar year is: minimum maximum 41 The provision does not provide a specific excep- crued benefits of all plan participants are re- percentage is: percentage is: tion for determining maximum lump sum benefits. quired to be 100-percent vested. A reversion 2012 ...... 90 percent ...... 110 percent However, the exception for minimum lump sum ben- prior to plan termination may constitute a 2013 ...... 85 percent ...... 115 percent efits applies by cross-reference. prohibited transaction and may result in 2014 ...... 80 percent ...... 120 percent 42 The provision does not provide a specific excep- plan disqualification. Any assets that revert 2015 ...... 75 percent ...... 125 percent tion for determining maximum lump sum benefits. 2016 or later ...... 70 percent ...... 130 percent to the employer upon plan termination are However, the exception for minimum lump sum ben- includible in the gross income of the em- efits applies by cross-reference. Thus, for example, if the first segment rate 43 Another provision of the conference agreement ployer and subject to an excise tax. The ex- determined for an applicable month under extends to December 31, 2021, the ability to make a cise tax rate is 20 percent if the employer the regular rules for a plan year beginning in qualified transfer. In addition, another provision of maintains a replacement plan or makes cer- 2012 is less than 90 percent of the average of the conference agreement allows qualified transfers tain benefit increases in connection with the to be made to provide group-term life insurance ben- termination; if not, the excise tax rate is 50 efits. 40 ERISA sec. 101(f). In the case of a multiemployer 44 Another provision of the conference agreement plan, the notice must also be sent to each employer increases PBGC flat-rate and variable-rate pre- 45 In addition, a reversion may occur only if the that has an obligation to contribute under the plan; miums. terms of the plan so provide.

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00431 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H4590 CONGRESSIONAL RECORD — HOUSE June 28, 2012 percent. Medical benefits and life insurance plan generally must be 100-percent vested as includible in gross income under a discrimi- benefits provided under a pension plan if the plan terminated immediately before natory group-term life insurance plan. Retiree medical accounts the transfer (or in the case of a participant A pension plan may provide life insurance A pension plan may provide medical bene- who separated in the one-year period ending benefits for employees (including retirees) fits to retired employees through a separate on the date of the transfer, immediately be- but only to the extent that the benefits are account that is part of a defined benefit plan fore the separation). incidental to the retirement benefits provided under the plan.55 The cost of term life (‘‘retiree medical accounts’’).46 Medical bene- In order for a transfer to be qualified, there insurance provided through a pension plan is fits provided through a retiree medical ac- is maintenance of effort requirement under includible in the employee’s gross income.56 count are generally not includible in the re- which, the employer generally must main- tired employee’s gross income.47 tain retiree health benefits at the same level HOUSE BILL Transfers of excess pension assets for the taxable year of the transfer and the No provision. following four years. In general SENATE AMENDMENT In addition, the Employee Retirement In- Extension of existing provisions A qualified transfer of excess assets of a come Security Act of 1974 (‘‘ERISA’’)51 pro- The provision allows qualified transfers, defined benefit plan, including a multiem- vides that, at least 60 days before the date of qualified future transfers, and collectively ployer plan,48 to a retiree medical account a qualified transfer, the employer must no- bargained transfers to retiree medical ac- within the plan may be made in order to tify the Secretary of Labor, the Secretary of counts to be made through December 31, fund retiree health benefits.49 A qualified the Treasury, employee representatives, and 2021. No transfers are permitted after that transfer does not result in plan disqualifica- the plan administrator of the transfer, and date. tion, is not a prohibited transaction, and is the plan administrator must notify each not treated as a reversion. Thus, transferred plan participant and beneficiary of the trans- Transfers to fund retiree group-term life insur- assets are not includible in the gross income fer.52 ance permitted The provision allows qualified transfers, of the employer and are not subject to the Qualified future transfers and collectively qualified future transfers, and collectively excise tax on reversions. No more than one bargained transfers qualified transfer may be made in any tax- bargained transfers to be made to fund the able year. No qualified transfer may be made If certain requirements are satisfied, trans- purchase of retiree group-term life insur- after December 31, 2013. fers of excess pension assets under a single- ance. The assets transferred for the purchase Excess assets generally means the excess, employer plan to retiree medical accounts to of group-term life insurance must be main- if any, of the value of the plan’s assets 50 over fund the expected cost of retiree medical tained in a separate account within the plan 125 percent of the sum of the plan’s funding benefits are permitted for the current and fu- (‘‘retiree life insurance account’’), which target and target normal cost for the plan ture years (a ‘‘qualified future transfer’’) and must be separate both from the assets in the year. In addition, excess assets transferred in such transfers are also allowed in the case of retiree medical account and from the other a qualified transfer may not exceed the benefits provided under a collective bar- assets in the defined benefit plan. amount reasonably estimated to be the gaining agreement (a ‘‘collectively bargained Under the provision, the general rule that amount that the employer will pay out of transfer’’).53 Transfers must be made for at the cost of group-term life insurance cov- such account during the taxable year of the least a two-year period. An employer can erage provided under a defined benefit plan transfer for qualified current retiree health elect to make a qualified future transfer or a is includable in gross income of the partici- liabilities. No deduction is allowed to the collectively bargained transfer rather than a pant does not apply to group-term life insur- employer for (1) a qualified transfer, or (2) qualified transfer. A qualified future transfer ance provided through a retiree life insur- the payment of qualified current retiree or collectively bargained transfer must meet ance account. Instead, the general rule for health liabilities out of transferred funds the requirements applicable to qualified determining the amount of employer-pro- (and any income thereon). In addition, no de- transfers, except that the provision modifies vided group-term life insurance that is induction is allowed for amounts paid other the rules relating to: (1) the determination of cludible in gross income applies. However, than from transferred funds for qualified cur- excess pension assets; (2) the limitation on group-term life insurance coverage is per- rent retiree health liabilities to the extent the amount transferred; and (3) the mainte- mitted to be provided through a retiree life such amounts are not greater than the ex- nance of effort requirement. The general insurance account only to the extent that it cess of (1) the amount transferred (and any sunset applicable to qualified transfer ap- is not includible in gross income. Thus, gen- income thereon), over (2) qualified current plies (i.e., no transfers can be made after De- erally, only group-term life insurance not in retiree health liabilities paid out of trans- cember 31, 2013). excess of $50,000 may be purchased with such ferred assets (and any income thereon). An Qualified future transfers and collectively transferred assets. Generally, the present law rules for trans- employer may not contribute any amount to bargained transfers can be made to the ex- fers of excess pension assets to retiree med- a health benefits account or welfare benefit tent that plan assets exceed 120 percent of ical accounts to fund retiree health benefits fund with respect to qualified current retiree the sum of the plan’s funding target and the also apply to transfers to retiree life insur- health liabilities for which transferred assets normal cost for the plan year. During the ance accounts to fund retiree group-term are required to be used. transfer period, the plan’s funded status Transferred assets (and any income there- must be maintained at the minimum level life. However, generally, the rules are ap- on) must be used to pay qualified current re- required to make transfers. If the minimum plied separately. Thus, for example, the one- tiree health liabilities for the taxable year of level is not maintained, the employer must transfer-a-year rule generally applies sepa- the transfer. Transferred amounts generally make contributions to the plan to meet the rately to transfers to retiree life insurance must benefit pension plan participants, other minimum level or an amount required to accounts and transfers to retiree medical ac- than key employees, who are entitled upon meet the minimum level must be transferred counts. Further, the maintenance of effort retirement to receive retiree medical bene- from the health benefits account. The trans- requirement for qualified transfers applies fits through the separate account. Retiree fer period is the period not to exceed a total separately to life insurance benefits and health benefits of key employees may not be of ten consecutive taxable years beginning health benefits. Similarly, for qualified fu- paid out of transferred assets. with the taxable year of the transfer. As pre- ture transfers and collectively bargained Amounts not used to pay qualified current viously discussed, the period must be not transfers for retiree group-term life insur- retiree health liabilities for the taxable year less than two consecutive years. ance, the maintenance of effort and other special rules are applied separately to trans- of the transfer are to be returned to the gen- Employer provided group-term life insurance eral assets of the plan. These amounts are fers to retiree life insurance accounts and re- Group-term life insurance coverage pro- not includible in the gross income of the em- tiree medical accounts. vided under a policy carried by an employer ployer, but are treated as an employer rever- Reflecting the inherent differences be- is includible in the gross income of an em- sion and are subject to a 20-percent excise tween life insurance coverage and health ployee (including a former employee) but tax. coverage, certain rules are not applied to only to the extent that the cost exceeds the In order for the transfer to be qualified, ac- transfers to retiree life insurance accounts, sum of the cost of $50,000 of such insurance crued retirement benefits under the pension such as the special rules allowing the em- plus the amount, if any, paid by the employer to elect to determine the applicable ployee toward the purchase of such insur- employer cost for health coverage during the 46 Sec 401(h) and Treas. Reg. sec. 1.401–1(b). ance.54 Special rules apply for determining 47 cost maintenance period separately for retir- Treas. Reg. sec. 1.72–15(h). the cost of group-term life insurance that is 48 The Pension Protection Act of 2006 (‘‘PPA’’), ees eligible for Medicare and retirees not eli- Pub. L. No. 109–280, extended the application of the gible for Medicare. However, a separate test rules for qualified transfers to multiemployer plans 51 Pub. L. No. 93–406. is allowed for the cost of retiree group-term with respect to transfers made in taxable years be- 52 ERISA sec. 101(e). ERISA also provides that a life insurance for retirees under age 65 and ginning after December 31, 2006. However, the rules qualified transfer is not a prohibited transaction those retirees who have reached age 65. for qualified future transfers and collectively bar- under ERISA or a prohibited reversion. The provision makes other technical and gained transfers do not apply to multiemployer 53 The rules for qualified transfers and collectively conforming changes to the rules for transfers plans. bargained transfers were added by the PPA and 49 Sec. 420. apply to transfers after the date of enactment (Au- 50 The value of plan assets for this purpose is the gust 17, 2006). 55 Treas. Reg. sec. 1.401–1(b). lesser of fair market value or actuarial value. 54 Sec. 79. 56 Secs. 72(m)(3) and 79(b)(3).

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00432 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE June 28, 2012 CONGRESSIONAL RECORD — HOUSE H4591 to fund retiree health benefits and removes that out of money in the Treasury not other- Chewing tobacco is taxed at the rate of certain obsolete (‘‘deadwood’’) rules. wise appropriated, $7 billion was appro- 50.33 cents per pound, and proportionately at The same sunset applicable to qualified priated to the Highway Trust Fund effective that rate on all fractional parts of a pound; transfers, qualified future transfers, and col- August 7, 2009. The Hiring Incentives to Re- Pipe tobacco is taxed at the rate of $2.8311 lectively bargained transfers to retiree med- store Employment Act (the ‘‘HIRE Act’’) per pound, and proportionately at that rate ical accounts applies to transfers to retiree provided that out of money in the Treasury on all fractional parts of a pound; and life insurance accounts (i.e., no transfers can not otherwise appropriated, $14,700,000,000 is Roll-your-own tobacco is taxed at the rate be made after December 31, 2021). appropriated to the Highway Trust Fund and of $24.78 per pound, and proportionately at Effective date.—The provision applies to $4,800,000,000 is appropriated to the Mass that rate on all fractional parts of a pound. transfers made after the date of enactment. Transit Account in the Highway Trust Fund. In general, the excise tax on tobacco prod- CONFERENCE AGREEMENT HOUSE BILL ucts and cigarette papers and tubes manufactured in the United States comes into exist- The conference agreement includes the No provision. ence when the products are manufactured Senate amendment provision. SENATE AMENDMENT and is determined and payable when the to- The provision provides that out of money D. Exception from Early Distribution Tax bacco products or cigarette papers and tubes in the Treasury not otherwise appropriated, for Annuities Under Phased Retirement are removed from the bonded premises of the the following transfers are to be made from Program manufacturer. ‘‘Tobacco products’’ means ci- the General Fund to the Highway Trust gars, cigarettes, smokeless tobacco (snuff (sec. 100111 of conference agreement and sec. Fund: $2,183 million in FY 2012, $2,277 million and chewing tobacco), pipe tobacco, and roll 72(t) of the Code) in FY 2013, and $510 million in FY 2014. PRESENT LAW Effective date.—The provision is effective your own tobacco. Processed tobacco is regu- on the date of enactment. lated under the internal revenue laws but no The Code imposes an early distribution tax excise tax is imposed. Tobacco products and CONFERENCE AGREEMENT on distributions made from qualified retire- cigarette papers and tubes may be exported ment plans before an employee attains age The conference agreement provides that from the United States without payment of 1 57 59 ⁄2. The tax is equal to 10 percent of the out of money in the Treasury not otherwise tax. amount of the distribution that is includible appropriated, the following transfers are to Manufacturers and importers of tobacco in gross income. The 10–percent tax is in ad- be made from the General Fund to the High- products or processed tobacco are subject to dition to the taxes that would otherwise be way Trust Fund: certain permitting, bonding, reporting, and due on distribution. Certain exceptions to record keeping requirements. ‘‘Manufacturer the early distribution tax apply including an FY 2013 FY 2014 of tobacco products’’ means any person who exception for distributions after separation Highway Account ...... $6.2 billion $10.4 billion manufactures cigars, cigarettes, smokeless from service with the employer after attain- Mass Transit Account ...... $2.2 billion tobacco, pipe tobacco, or roll-your-own to- ing age 55, or in the form of substantially bacco. There is an exception for a person who equal periodic payments from the qualified Effective date.—The provision is effective produces these products for their own per- retirement plan commencing after separa- on the date of enactment. sonal consumption or use. F. Expand the Definition of a Tobacco tion from service at any age. However, there HOUSE BILL is no exception for annuity payments that Manufacturer to Include Businesses Making No provision. commence before separating from service Available Roll-Your-Own Cigarette Machines with the employer. for Consumer Use SENATE AMENDMENT (sec. 100116 of the Senate amendment, sec- The provision amends the definition of HOUSE BILL tion 100112 of the conference agreement, manufacturer of tobacco products to include No provision. and sec. 5702(d) of the Code) any person who for commercial purposes SENATE AMENDMENT PRESENT LAW makes available machines capable of making No provision. Tobacco products and cigarette papers and tobacco products for consumer use. This includes making a machine available for con- CONFERENCE AGREEMENT tubes manufactured in the United States or imported into the United States are subject sumers to produce tobacco products for per- The Senate amendment and the Conference sonal consumption or use. The addition of agreement include a new Federal Phased Re- to Federal excise tax at the following 59 this provision is not intended to change the tirement Program under which a Federal rates: Cigars weighing not more than three treatment of such machines under present agency may allow a full-time retirement eli- pounds per thousand (‘‘small cigars’’) are law, or to make taxable the sale, at retail, gible employee to elect to enter phased re- taxed at the rate of $50.33 per thousand; for a consumer’s personal home use, a ma- tirement status in accordance with regula- Cigars weighing more than three pounds chine designed to produce tobacco only in tions issued by the Office of Personnel Man- per thousand (‘‘large cigars’’) are taxed at personal use quantities, where the machine agement (OPM).58 During that status, gen- the rate equal to 52.75 percent of the manu- is not used on the retail premises. erally, the employee’s work schedule is a facturer’s or importer’s sales price but not For purposes of imposing the tax liability, percentage of a full time work schedule, and more than 40.26 cents per cigar; the person making the machine available for the employee receives a phased retirement Cigarettes weighing not more than three consumer use is deemed to be the person annuity. At full-time retirement, the phased pounds per thousand (‘‘small cigarettes’’) are making the removal with respect to any to- retiree is entitled to a composite retirement taxed at the rate of $50.33 per thousand bacco products manufactured by the ma- annuity that also includes the portion of the ($1.0066 per pack); chine. employee’s retirement annuity attributable Cigarettes weighing more than three Effective date.—The provision is effective to the reduced work schedule. The Con- pounds per thousand (‘‘large cigarettes’’) are for articles removed after the date of enact- ference agreement includes an exception to taxed at the rate of $105.69 per thousand, ex- ment. the early distribution tax for payments cept that, if they measure more than six and CONFERENCE AGREEMENT under a phased retirement annuity and a one-half inches in length, they are taxed at The conference agreement includes the composite retirement annuity received by an the rate applicable to small cigarettes, Senate amendment with the following modi- employee participating in this new Federal counting each two and three-quarter inches fication. The provision is modified to clarify Phased Retirement Program. (or fraction thereof) of the length of each as that a person who sells a machine directly to Effective date.—The provision is effective one cigarette; a consumer at retail for the consumer’s per- on the effective date of implementing regula- Cigarette papers are taxed at the rate of sonal home use is not a manufacturer of to- tions issued by OPM implementing the Fed- 3.15 cents for each 50 papers or fractional bacco products under the provision if the eral Phased Retirement Program. part thereof, except that, if they measure machine is not used at a retail establishment E. Additional Transfers to the Highway more than six and one-half inches in length, and is designed to produce only personal use Trust Fund they are taxable by counting each two and quantities. (sec. 40313 of the Senate amendment, sec. three-quarter inches (or fraction thereof) of PART III—OTHER ITEMS the length of each as one cigarette paper; 40251 of the conference agreement, and sec. A. Small Issuer Exception to Tax-Exempt In- Cigarette tubes are taxed at the rate of 6.30 9503 of the Code) terest Expense Allocation Rules for Finan- cents for each 50 tubes or fractional part PRESENT LAW cial Institutions thereof, except that, if they measure more Public Law No. 111–46, an Act to restore than six and one-half inches in length, they (sec. 40201 of the Senate amendment and sec. funds to the Highway Trust Fund, provided are taxable by counting each two and three- 265 of the Code) quarter inches (or fraction thereof) of the PRESENT LAW 57 Sec. 72(t). The early distribution tax also applies length of each as one cigarette tube; Present law disallows a deduction for in- to distributions from section 403(b) plans and IRAs Snuff is taxed at the rate of $1.51 per terest on indebtedness incurred or continued but does not apply to distributions from govern- pound, and proportionately at that rate on to purchase or carry obligations the interest mental section 457(b) plans. all fractional parts of a pound; on which is exempt from tax.60 In general, an 58 See the explanation for section 100111 of the Con- ference agreement for a description of the new Fed- eral Phased Retirement Program. 59 Sec. 5701. 60 Sec. 265(a).

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00433 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H4592 CONGRESSIONAL RECORD — HOUSE June 28, 2012 interest deduction is disallowed only if the In addition, in the case of a ‘‘qualified fi- the case of a corporation, an adjustment taxpayer has a purpose of using borrowed nancing issue’’ issued in 2009 or 2010, the spe- based on current earnings is determined, in funds to purchase or carry tax-exempt obli- cial rules applied the $30 million annual vol- part, by taking into account 75 percent of gations; a determination of the taxpayer’s ume limitation at the borrower level (rather certain items, including tax-exempt interest, purpose in borrowing funds is made based on than at the level of the pooled financing excluded from taxable income but included all of the facts and circumstances.61 issuer). Thus, for the purpose of applying the in the corporation’s earnings and profits.69 Financial institutions requirements of the section 265(b)(3) quali- The American Recovery and Reinvestment fied small issuer exception, the portion of Act of 2009 (‘‘2009 Act’’) provided that tax-ex- In the case of a financial institution, the the proceeds of a qualified financing issue empt interest on private activity bonds Code generally disallows that portion of the that are loaned to a ‘‘qualified borrower’’ issued in 2009 and 2010 is not an item of tax taxpayer’s interest expense that is allocable that participates in the issue were treated as preference for purposes of the AMTI and in- to tax-exempt interest.62 The amount of in- a separate issue with respect to which the terest on tax exempt bonds issued in 2009 and terest that is disallowed is an amount which qualified borrower is deemed to be the issuer. 2010 is not included in the corporate adjust- bears the same ratio to such interest expense A ‘‘qualified financing issue’’ was any comment based on current earnings. as the taxpayer’s average adjusted bases of posite, pooled, or other conduit financing For these purposes, a refunding bond gen- tax-exempt obligations acquired after Au- issue the proceeds of which were used di- erally is treated as issued on the date of the gust 7, 1986, bears to the average adjusted rectly or indirectly to make or finance loans issuance of the refunded bond (or in the case bases for all assets of the taxpayer. to one or more ultimate borrowers all of of a series of refundings, the original bond). Exception for certain obligations of qualified whom are qualified borrowers. A ‘‘qualified However, the 2009 Act provided that tax-ex- small issuers borrower’’ meant (1) a State or political sub- empt interest on bonds issued in 2009 and 2010 The general rule in section 265(b), denying division of a State or (2) an organization de- to currently refund a bond issued after De- financial institutions’ interest expense described in section 501(c)(3) and exempt from cember 31, 2003, and before January 1, 2009, is ductions allocable to tax-exempt obligations, tax under section 501(a). Thus, for example, a not an item of tax preference for purposes of does not apply to ‘‘qualified tax-exempt obli- $100 million pooled financing issue that was the AMT and is not included in the corporate gations.’’ 63 Instead, as discussed in the next issued in 2009 would qualify for the section adjustment based on current earnings. 265(b)(3) exception if the proceeds of such section, only 20 percent of the interest ex- HOUSE BILL pense allocable to ‘‘qualified tax-exempt ob- issue were used to make four equal loans of No provision. ligations’’ is disallowed.64 A ‘‘qualified tax- $25 million to four qualified borrowers. How- exempt obligation’’ is a tax-exempt obliga- ever, if (1) more than $30 million were loaned SENATE AMENDMENT tion that is (1) issued after August 7, 1986, by to any qualified borrower, (2) any borrower The provision provides that tax-exempt in- a qualified small issuer, (2) not a private ac- were not a qualified borrower, or (3) any bor- terest on private activity bonds issued after tivity bond, and (3) designated by the issuer rower would, if it were the issuer of a sepa- the date of enactment and before January 1, as qualifying for the exception from the gen- rate issue in an amount equal to the amount 2013, is not an item of tax preference for pur- eral rule of section 265(b). loaned to such borrower, fail to meet any of poses of the AMT and interest on tax exempt A ‘‘qualified small issuer’’ is an issuer that the other requirements of section 265(b)(3), bonds issued during this period is not in- reasonably anticipates that the amount of the entire $100 million pooled financing issue cluded in the corporate adjustment based on tax-exempt obligations that it will issue dur- failed to qualify for the exception. current earnings. For these purposes, a re- ing the calendar year will be $10 million or For purposes of determining whether an funding bond is treated as issued on the date less.65 The Code specifies the circumstances issuer meets the requirements of the small of the issuance of the refunded bond (or in under which an issuer and all subordinate issuer exception, under the special rules, the case of a series of refundings, the origi- entities are aggregated.66 For purposes of the qualified 501(c)(3) bonds issued in 2009 or 2010 nal bond). $10 million limitation, an issuer and all enti- were treated as if they were issued by the Effective date.—The provision applies to in- ties that issue obligations on behalf of such 501(c)(3) organization for whose benefit they terest on bonds issued after the date of en- issuer are treated as one issuer. All obliga- were issued (and not by the actual issuer of actment. tions issued by a subordinate entity are such bonds). In addition, in the case of an or- CONFERENCE AGREEMENT treated as being issued by the entity to ganization described in section 501(c)(3) and exempt from taxation under section 501(a), The conference agreement does not include which it is subordinate. An entity formed (or the Senate amendment provision. availed of) to avoid the $10 million limita- requirements for ‘‘qualified financing issues’’ tion and all entities benefiting from the de- were applied as if the section 501(c)(3) organi- C. Issuance of TRIP Bonds by State Infra- vice are treated as one issuer. zation were the issuer. Thus, in any event, structure Banks (sec. 40203 of the Senate Composite issues (i.e., combined issues of an organization described in section 501(c)(3) amendment) bonds for different entities) qualify for the and exempt from taxation under section PRESENT LAW ‘‘qualified tax-exempt obligation’’ exception 501(a) was limited to the $30 million per There are no Code provisions for the only if the requirements of the exception are issuer cap for qualified tax exempt obliga- issuance of transportation and regional in- met with respect to (1) the composite issue tions described in section 265(b)(3). frastructure project (‘‘TRIP’’) bonds. as a whole (determined by treating the com- HOUSE BILL HOUSE BILL posite issue as a single issue) and (2) each No provision. No provision. separate lot of obligations that is part of the SENATE AMENDMENT SENATE AMENDMENT issue (determined by treating each separate The provision extends the special rules 67 Thus lot of obligations as a separate issue). providing modifications to the qualified The provision amends Title 23 to provide a composite issue may qualify for the excep- small issuer exception to bonds issued after that a State, through a State infrastructure tion only if the composite issue itself does June 30, 2012 and before July 1, 2013. bank, may issue TRIP bonds and deposit the not exceed $10 million, and if each issuer Effective date.—The provision is effective proceeds from such bonds into a TRIP bond benefitting from the composite issue reason- for obligations issued after June 30, 2012. account of the bank. A ‘‘TRIP bond’’ means ably anticipates that it will not issue more any bond issued as part of an issue if (1) 100 CONFERENCE AGREEMENT than $10 million of tax-exempt obligations percent of the available project proceeds of The conference agreement does not include during the calendar year, including through such issue are to be used for expenditures in- the Senate amendment provision. the composite arrangement. curred after the date of enactment for one or B. Temporary Modification of Alternative Special rules providing modifications to quali- more qualified projects pursuant to an allo- Minimum Tax Limitations on Tax-Exempt fied small issuer exception for certain cation of such proceeds to such project or Bonds (sec. 40202 of the Senate amendment issues in 2009 and 2010 projects by a State infrastructure bank, (2) and secs. 56 and 57 of the Code) With respect to tax-exempt obligations the bond is issued by a State infrastructure PRESENT LAW issued during 2009 and 2010, the special rules bank and is in registered form (within the increased from $10 million to $30 million the Present law imposes an alternative min- meaning of section 149 of the Internal Rev- annual limit for qualified small issuers. imum tax (‘‘AMT’’) on individuals and cor- enue Code), (3) the State infrastructure bank porations. AMT is the amount by which the designates such bond for purposes of the pro- tentative minimum tax exceeds the regular vision and (4) the term of each bond that is 61 See Rev. Proc. 72–18, 1972–1 C.B. 740. income tax. The tentative minimum tax is part of such issue does not exceed 30 years. A 62 Sec. 265(b)(1). A ‘‘financial institution’’ is any computed based upon a taxpayer’s alter- ‘‘qualified project’’ means the capital im- person that (1) accepts deposits from the public in the ordinary course of such person’s trade or busi- native minimum taxable income (‘‘AMTI’’). provements to any transportation infra- ness and is subject to Federal or State supervision AMTI is the taxpayer’s taxable income modi- structure project of any governmental unit as a financial institution or (2) is a corporation de- fied to take into account certain preferences or other person, including roads, bridges, rail scribed by section 585(a)(2). Sec. 265(b)(5). and adjustments. One of the preference items and transit systems, ports and, inland water- 63 Sec. 265(b)(3). is tax-exempt interest on certain tax-exempt ways proposed and approved by a State infra- 64 Secs. 265(b)(3)(A), 291(a)(3) and 291(e)(1). bonds issued for private activities.68 Also, in structure bank, but does not include costs of 65 Sec. 265(b)(3)(C). 66 Sec. 265(b)(3)(E). 67 Sec. 265(b)(3)(F). 68 Sec. 57(a)(5). 69 Sec. 56(g)(4)(B).

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operations or maintenance with respect to for the entirety of 2012. In order for the ex- HOUSE BILL such project. tension to be effective retroactive to Janu- No provision. The provision requires a State to develop a ary 1, 2012, it is intended that expenses in- SENATE AMENDMENT transparent and competitive process for the curred prior to enactment by an employee award of funds deposited into the TRIP bond for employer-provided vanpool and transit The provision exempts two types of exempt account that considers the impact of quali- benefits may be reimbursed by employers on facility bonds from the annual private activ- fied projects on the economy, the environ- a tax free basis to the extent they exceed ity volume limits. The newly-exempted ment, state of good repair, and equity. The $125 per month and are less than $240 per bonds are exempt facility bonds for sewage requirements of any Federal law, including month, but only to the extent that such and water facilities. The provision only applies to bonds issued Title 23 and Titles 40 and 49, which would amount has not already been excluded from before January 1, 2018. otherwise apply to projects to which the such employee’s taxable compensation. Effective date.—The provision is effective United States is a party or to funds made Effective date.—The provision in the Senate for bonds issued after the date of enactment. available under such law and projects as- amendment is effective for months after De- sisted with those funds shall apply to (1) cember 31, 2011. CONFERENCE AGREEMENT funds made available under the TRIP bond CONFERENCE AGREEMENT The conference agreement does not include account for similar qualified projects and (2) the Senate amendment provision. similar qualified projects assisted through The conference agreement does not include the use of such funds. the Senate amendment provision. F. Dedication of Gas Guzzler Tax to the Effective date.—The provision is effective E. Private Activity Volume Cap Exemption Highway Trust Fund (sec. 40303 of the Sen- on the date of enactment. for Sewage and Water Facility Bonds (sec. ate amendment and sec. 9503 of the Code) CONFERENCE AGREEMENT 40205 of the Senate amendment and sec. PRESENT LAW The conference agreement does not include 146(g) of the Code) Under present law, the Code imposes a tax the Senate amendment provision. In general (‘‘the gas guzzler tax’’) on automobiles that D. Mass Transit and Parking Benefits (sec. Subject to certain Code restrictions, inter- are manufactured primarily for use on public 40204 of the Senate amendment, and sec. est on bonds issued by State and local gov- streets, roads, and highways and that are 132(f) of the Code) ernment generally is excluded from gross in- rated at 6,000 pounds unloaded gross vehicle weight or less.75 The tax is imposed on the PRESENT LAW come for Federal income tax purposes. Bonds sale by the manufacturer of each automobile Qualified transportation fringe benefits issued by State and local governments may be classified as either governmental bonds or of a model type with a fuel economy of 22.5 provided by an employer are excluded from miles per gallon or less. The tax range begins an employee’s gross income for income tax private activity bonds. Governmental bonds at $1,000 and increases to $7,700 for models purposes and from an employee’s wages for are bonds the proceeds of which are pri- with a fuel economy less than 12.5 miles per payroll tax purposes.70 Qualified transpor- marily used to finance governmental func- gallon. tation fringe benefits include parking, tran- tions or which are repaid with governmental Emergency vehicles and non-passenger sit passes, vanpool benefits, and qualified bi- funds. Private activity bonds are bonds in automobiles are exempt from the tax. The cycle commuting reimbursements. No which the State or local government serves tax also does not apply to non-passenger amount is includible in the income of an em- as a conduit providing financing to non- ployee merely because the employer offers governmental persons. For this purpose, the automobiles. The Secretary of Transpor- the employee a choice between cash and term ‘‘nongovernmental person’’ generally tation determines which vehicles are ‘‘nonqualified transportation fringe benefits includes the Federal Government and all passenger’’ automobiles, thereby exempting (other than a qualified bicycle commuting other individuals and entities other than these vehicles from the gas guzzler tax based reimbursement). Qualified transportation State or local governments. The exclusion on regulations in effect on the date of enact- 76 fringe benefits also include a cash reimburse- from income for interest on State and local ment of the gas guzzler tax. Hence, vehicles ment by an employer to an employee. In the bonds does not apply to private activity defined in Title 49 C.F.R. sec. 523.5 (relating case of transit passes, however, a cash reim- bonds, unless the bonds are issued for certain to light trucks) are exempt. These vehicles bursement is considered a qualified transpor- permitted purposes (‘‘qualified private activ- include those designed to transport property tation fringe benefit only if a voucher or ity bonds’’) and other Code requirements are on an open bed (e.g., pick-up trucks) or pro- similar item which may be exchanged only met. vide greater cargo-carrying than passenger carrying volume including the expanded for a transit pass is not readily available for Qualified private activity bonds direct distribution by the employer to the cargo-carrying space created through the re- employee. Interest on private activity bonds is tax- moval of readily detachable seats (e.g., pick- Prior to February 17, 2009, the amount that able unless the bonds meet the requirements up trucks, vans, and most minivans, sports could be excluded as qualified transportation for qualified private activity bonds. Quali- utility vehicles, and station wagons). Addi- fringe benefits was limited to $100 per month fied private activity bonds permit States or tional vehicles that meet the ‘‘non-pas- in combined vanpooling and transit pass ben- local governments to act as conduits pro- senger’’ requirements are those with at least efits and $175 per month in qualified parking viding tax-exempt financing for certain pri- four of the following characteristics: (1) an benefits. All limits are adjusted annually for vate activities. The definition of qualified angle of approach of not less than 28 degrees; inflation, using 1998 as the base year (for 2012 private activity bonds includes an exempt fa- (2) a breakover angle of not less than 14 de- the limits are $125 and $240, respectively). cility bond, or qualified mortgage, veterans’ grees; (3) a departure angle of not less than The American Recovery and Reinvestment mortgage, small issue, redevelopment, quali- 20 degrees; (4) a running clearance of not less Act of 2009 71 provided parity in qualified fied 501(c)(3), or student loan bond.73 The def- than 20 centimeters; and (5) front and rear transportation fringe benefits by tempo- inition of exempt facility bond includes axle clearances of not less than 18 centi- rarily increasing the monthly exclusion for bonds issued to finance certain transpor- meters each. These vehicles would include employer-provided vanpool and transit pass tation facilities (airports, ports, mass com- many sports utility vehicles. benefits to the same level as the exclusion muting, and high-speed intercity rail facili- HOUSE BILL for employer-provided parking, effective for ties); qualified residential rental projects; months beginning on or after the date of en- privately owned and/or operated utility fa- No provision. actment (February 17, 2009) and before Janu- cilities (sewage, water, solid waste disposal, SENATE AMENDMENT ary 1, 2011. The Tax Relief, Unemployment and local district heating and cooling facili- The provision requires that amounts equiv- Insurance Reauthorization, and Job Creation ties, certain private electric and gas facili- alent to the gas guzzler taxes received in the Act of 2010 72 extended the parity in qualified ties, and hydroelectric dam enhancements); Treasury be transferred to the Highway transportation fringe benefits through De- public/private educational facilities; quali- Trust Fund. cember 31, 2011. fied green building and sustainable design Effective date.—The provision is effective Effective January 1, 2012, the amount that projects; and qualified highway or surface on the date of enactment. could be excluded as qualified transportation 74 freight transfer facilities. CONFERENCE AGREEMENT fringe benefits is limited to $125 per month In most cases, the aggregate volume of The conference agreement does not include in combined vanpooling and transit pass ben- these tax-exempt private activity bonds is the Senate amendment provision. efits and $240 per month in qualified parking restricted by annual aggregate volume lim- benefits. its imposed on bonds issued by issuers within G. Revocation or Denial of Passport in Case HOUSE BILL each State. Certain types of private activity of Certain Unpaid Taxes (sec. 40304 of the No provision. bonds are exempted from the annual volume Senate amendment and new secs. 7345 and 6103(l)(23) of the Code) SENATE AMENDMENT limits. The Senate amendment extends the parity For calendar year 2012, the State volume PRESENT LAW in qualified transportation fringe benefits cap, which is indexed for inflation, equals $95 The administration of passports is the re- per resident of the State, or $284,560,000, sponsibility of the Department of State.77 whichever is greater. 70 Secs. 132(f), 3121(b)(2), and 3306(b)(16) and 3401(a)(19). 75 Sec. 4064. 71 Pub. L. No. 111–5. 73 Sec. 141(e). 76 Sec. 4064(b)(1)(A). 72 Pub. L. No. 111–312. 74 Sec. 142(a). 77 ‘‘Passport Act of 1926,’’ 22 U.S.C. sec. 211a, et seq.

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00435 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H4594 CONGRESSIONAL RECORD — HOUSE June 28, 2012 State may refuse to issue or renew a pass- a taxpayer’s property by levy if a Federal Payments to Medicare Providers port if the applicant owes child support in tax lien has attached to such property,82 the In 2008, the Government Accountability Of- excess of $2,500 or owes certain types of Fed- property is not exempt from levy,83 and the fice (‘‘GAO’’) found that over 27,000 Medicare eral debts, such as expenses incurred in pro- IRS has provided both notice of intention to providers (i.e., about six percent of all such viding assistance to an applicant to return levy 84 and notice of the right to an adminis- providers) owed more than $2 billion of tax to the United States. The scope of this au- trative hearing (the notice is referred to as a debt, consisting largely of individual income thority does not extend to rejection or rev- ‘‘collections due process notice’’ or ‘‘CDP no- and payroll taxes.92 In one case, a home ocation of a passport on the basis of delin- tice’’ and the hearing is referred to as the health company received over $15 million in 85 quent Federal taxes. Issuance of a passport ‘‘CDP hearing’’) at least 30 days before the Medicare payments but did not pay $7 mil- does not require the applicant to provide a levy is made. A levy on salary or wages gen- lion in federal taxes.93 As of 2008, the Centers social security number or taxpayer identi- erally is continuously in effect until re- for Medicare & Medicaid Services (‘‘CMS’’) 86 fication number. leased. A Federal tax lien arises automati- had not incorporated most of its Medicare Returns and return information are con- cally when: (1) a tax assessment has been payments into the continuous levy program, fidential and may not be disclosed by the made; (2) the taxpayer has been given notice despite the IRS authority to continuously IRS, other Federal employees, State employ- of the assessment stating the amount and levy up to 15 percent of these payments. demanding payment; and (3) the taxpayer ees, and certain others having access to such Thus, for calendar year 2006, the government has failed to pay the amount assessed within information except as provided in the Inter- lost the chance to possibly collect over $140 78 10 days after the notice and demand.87 nal Revenue Code. There are a number of million in unpaid Federal taxes.94 The GAO The notice of intent to levy is not required exceptions to the general rule of nondisclo- noted that CMS officials promised to incor- if the Secretary finds that collection would sure that authorize disclosure in specifically porate about 60 percent of all Medicare fee- be jeopardized by delay. The standard for de- identified circumstances, including disclo- for-service payments into the levy program termining whether jeopardy exists is similar sure of information about federal tax debts by October 2008 and the remaining 40 percent to the standard applicable when determining for purposes of reviewing an application for a in the next several years. 79 whether assessment of tax without following Federal loan and for purposes of enhancing Following the GAO study, Congress di- the integrity of the Medicare program.80 the normal deficiency procedures is per- 88 rected CMS to participate in the FPLP and HOUSE PROVISION mitted. The CDP notice (and pre-levy CDP hearing) ensure that all Medicare provider and sup- No provision. is not required if: (1) the Secretary finds that plier payments are processed through it, in SENATE AMENDMENT collection would be jeopardized by delay; (2) specified graduated percentages, by the end 95 If the Commissioner of Internal Revenue the Secretary has served a levy on a State to of fiscal year 2011. certifies to the Secretary of the Treasury the collect a Federal tax liability from a State HOUSE PROVISION identity of persons who have seriously delin- tax refund; (3) the taxpayer subject to the No provision. quent Federal taxes, the Secretary of Treas- levy requested a CDP hearing with respect to SENATE AMENDMENT ury or his delegate is authorized to transmit unpaid employment taxes arising in the two- such certification to the Secretary of State year period before the beginning of the tax- The provision allows Treasury to levy up for use in determining whether to issue, able period with respect to which the em- to 100 percent of a payment to a Medicare renew, or revoke a passport. Applicants ployment tax levy is served; or (4) the Sec- provider to collect unpaid taxes. whose names are included on the certifi- retary has served a Federal contractor levy. Effective date.—The provision is effective cations provided to the Secretary of State In each of these four cases, however, the tax- for payments made after the date of enact- are ineligible for a passport. The provision payer is provided an opportunity for a hear- ment. bars the Secretary of State from issuing a ing within a reasonable period of time after CONFERENCE AGREEMENT passport to any individual who has a seri- the levy.89 The conference agreement does not include ously delinquent tax debt. It also requires Federal payment levy program the Senate amendment provision. revocation of a passport previously issued to To help the IRS collect taxes more effec- I. Appropriation to the Highway Trust Fund any such individual. Exceptions are per- tively, the Taxpayer Relief Act of 1997 90 au- of Amounts Attributable to Certain Duties mitted for emergency or humanitarian cir- thorized the establishment of the Federal on Imported Vehicles (sec. 40306 of the Sen- cumstances, as well as short term use of a Payment Levy Program (‘‘FPLP’’), which al- ate amendment) passport for return travel to the United lows the IRS to continuously levy up to 15 PRESENT LAW States by the delinquent taxpayer. percent of certain ‘‘specified payments’’ by A seriously delinquent tax debt generally the Federal government if the payees are de- Customs duties are deposited into the gen- includes any outstanding debt for Federal linquent on their tax obligations. With re- eral fund of the Treasury of the United tax in excess of $50,000, including interest spect to payments to vendors of goods, serv- States. This includes customs duties col- and any penalties, for which a notice of lien ices, or property sold or leased to the Fed- lected on imported vehicles classified under or a notice of levy has been filed. This eral government, the continuous levy may be Chapter 87 of the Harmonized Tariff Sched- amount is to be adjusted for inflation annu- up to 100 percent of each payment.91 The levy ule of the United States. ally, using calendar year 2011, and a cost-of- (either up to 15 percent or up to 100 percent) HOUSE BILL living adjustment. Even if a tax debt other- generally continues in effect until the liabil- No provision. wise meets the statutory threshold, it may ity is paid or the IRS releases the levy. SENATE AMENDMENT not be considered seriously delinquent if (1) Under FPLP, the IRS matches its accounts the debt is being paid in a timely manner receivable records with Federal payment The provision would appropriate from the pursuant to an installment agreement or records maintained by the Department of the General Fund and deposit into the Highway offer-in-compromise, or (2) collection action Treasury’s Financial Management Service Trust Fund amounts equivalent to amounts with respect to the debt is suspended because (‘‘FMS’’), such as certain Social Security received in the General Fund, for FY 2012 a collection due process hearing or innocent benefit and Federal wage records. When through FY 2016, on articles classified under spouse relief has been requested or is pend- these records match, the delinquent tax- subheadings 8703.22.00 and 8703.24.00 of Chap- ing. payer is provided both the notice of inten- ter 87. Effective date.—The provision is effective tion to levy and the CDP notice. If the tax- Effective date.—The provision is effective on January 1, 2013. payer does not respond after 30 days, the IRS on the date of enactment. CONFERENCE AGREEMENT can instruct FMS to levy the taxpayer’s Fed- CONFERENCE AGREEMENT The conference agreement does not include eral payments. Subsequent payments are The conference agreement does not include the Senate amendment provision. continuously levied until such time that the the Senate amendment provision. H. 100 Percent Continuous Levy on Pay- tax debt is paid or the IRS releases the levy. J. Treatment of Securities of a Controlled ments to Medicare Providers and Suppliers Corporation Exchanged for Assets in Cer- (sec. 40305 of the Senate amendment and turn over property in its possession that belongs to tain Reorganizations (sec. 40307 of the Sen- sec. 6331(h) of the Code) the delinquent taxpayer named in a notice of levy. ate amendment and sec. 361 of the Code) 82 PRESENT LAW Ibid. 83 Sec. 6334. PRESENT LAW In general 84 Sec. 6331(d). The transfer of assets by a transferor cor- Levy is the administrative authority of the 85 Sec. 6330. The notice and the hearing are referred poration to another corporation, controlled IRS to seize a taxpayer’s property, or rights to collectively as the CDP requirements. (immediately after the transfer) by the to property, to pay the taxpayer’s tax liabil- 86 Secs. 6331(e) and 6343. 87 ity.81 Generally, the IRS is entitled to seize Sec. 6321. 88 Secs. 6331(d)(3), 6861. 92 Government Accountability Office, Medicare: 89 Sec. 6330(f). Thousands of Medicare Providers Abuse the Federal 78 Sec. 6103. 90 Pub. L. No. 105–34. Tax System (GAO–08–618), June 13, 2008. 79 Sec. 6103(l)(3). 91 Sec. 6331(h)(3). The word ‘‘property’’ was added 93 Ibid., p. 4. 80 Sec. 6103(l)(22). to ‘‘goods or services’’ in section 301 of the ‘‘3% 94 Ibid. 81 Sec. 6331(a). Levy specifically refers to the legal Withholding Repeal and Job Creation Act,’’ Pub. L. 95 Medicare Improvement for Patients and Pro- process by which the IRS orders a third party to No. 112–56. viders Act of 2008, Pub. L. No. 110–275, sec. 189.

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transferor or one or more of its shareholders, tent that such debt securities of the con- CONFERENCE AGREEMENT qualifies as a tax-free reorganization if the trolled corporation are permitted to be re- The conference agreement does not include transfer is made by one corporation (‘‘dis- tained by the distributing corporation, such the Senate amendment provision. tributing’’) to a controlled subsidiary cor- securities are not treated as taxable prop- K. Internal Revenue Service Levies and poration (‘‘controlled’’), followed by the dis- erty. tribution of the stock and securities of the Thrift Savings Plan Accounts (sec. 40308 of HOUSE BILL the Senate amendment) controlled subsidiary in a divisive spin-off, No provision. split-off, or split-up which meets the require- PRESENT LAW SENATE AMENDMENT ments of section 355, including an active In general business requirement and a requirement that Under the Senate amendment, in the case of a divisive D reorganization, no gain or loss Levy is the IRS’s administrative authority the transaction is not used principally as a to seize a taxpayer’s property, or rights to device for the distribution of earnings and is recognized to a corporation if the corpora- property, to pay the taxpayer’s tax liabil- 96 tion is a party to a reorganization and ex- profits (‘‘divisive D reorganization’’). 102 No gain or loss is recognized to a corpora- changes property, in pursuance of the plan of ity. Generally, the IRS is entitled to seize tion if the corporation is a party to a reorga- reorganization, solely for stock other than a taxpayer’s property by levy if a Federal 103 nization and exchanges property, in pursu- nonqualified preferred stock (as defined in tax lien has attached to such property, the 104 ance of the plan of reorganization, solely for section 351(g)(2)).101 Thus, under the provi- property is not exempt from levy, and the stock or securities in another corporation sion, securities and nonqualified preferred IRS has provided both notice of intention to 105 that is a party to the reorganization.97 If stock are treated as ‘‘other property.’’ levy and notice of the right to an adminis- property other than stock or securities is re- The transferor corporation’s gain on the trative hearing (the notice is referred to as a ceived (‘‘other property’’), the transferor cor- exchange is recognized to the extent of the ‘‘collections due process notice’’ or ‘‘CDP no- poration recognizes gain (if any) to the ex- sum of money and the value of other prop- tice’’ and the hearing is referred to as the 106 tent the other property is not distributed.98 erty, including securities and nonqualified ‘‘CDP hearing’’) at least 30 days before the In addition, in a divisive D reorganization, preferred stock, not distributed in pursuance levy is made. A levy on salary or wages is if there is a transfer to the transferor cor- of the plan of reorganization. A distribution generally continuously in effect until re- poration’s creditors of money or other prop- to creditors of the transferor corporation is leased.107 A Federal tax lien arises automati- erty received from the controlled corpora- not treated as a distribution for this pur- cally when: (1) a tax assessment has been tion in the exchange in connection with the pose. made; (2) the taxpayer has been given notice reorganization, the transferor distributing The value of controlled corporation securi- of the assessment stating the amount and corporation recognizes gain to the extent the ties or nonqualified preferred stock trans- demanding payment; and (3) the taxpayer sum of the money and the fair market value ferred to creditors of the distributing cor- has failed to pay the amount assessed within of the other property exceeds the adjusted poration is treated in the same manner as a 10 days after the notice and demand.108 bases of the assets transferred (reduced by direct assumption of distributing corpora- The notice of intent to levy is not required the amount of liabilities assumed by the tion’s debt by the controlled corporation, or if the Secretary finds that collection would transferee under section 357(c)).99 Thus, such as a distribution of cash (or other non- be jeopardized by delay. The standard for de- a transfer to creditors is aggregated with qualified property) from the controlled cor- termining whether jeopardy exists is similar other assumptions of the transferor corpora- poration that is paid to the distributing cor- to the standard applicable when determining tion’s liabilities by the transferee, and the poration’s creditors, so that the distributing whether assessment of tax without following transferor corporation recognizes gain to the corporation recognizes gain on the exchange the normal deficiency procedures is per- extent this aggregate amount exceeds the to the extent that the sum of such amounts mitted.109 adjusted basis of assets transferred.100 exceeds the adjusted bases of the assets The CDP notice (and pre-levy CDP hearing) For example, if in a divisive D reorganiza- transferred is not required if: (1) the Secretary finds that tion the controlled corporation either (1) di- Effective date.—The provision generally ap- collection would be jeopardized by delay; (2) rectly assumes the debt of the distributing plies to exchanges occurring after the date of the Secretary has served a levy on a State to corporation, or (2) borrows and distributes enactment. collect a Federal tax liability from a State cash to the distributing corporation to pay However, the provision does not apply to tax refund; (3) the taxpayer subject to the the distributing corporation’s creditors, such any exchange in connection with a trans- levy requested a CDP hearing with respect to debt assumption or cash distribution is action which is (1) made pursuant to a writ- unpaid employment taxes arising in the two- treated as money received by the distrib- ten agreement which was binding on Feb- year period before the beginning of the tax- uting corporation, and the aggregate amount ruary 6, 2012 and at all times thereafter, (2) able period with respect to which the em- of such debt assumptions and distributions is described in a ruling request submitted to ployment tax levy is served; or (4) the Sec- taxable to the extent it exceeds the distrib- the IRS on or before such date, or (3) de- retary has served a Federal contractor levy. uting corporation’s basis in the assets trans- scribed on or before such date in a public an- In each of these four cases, however, the tax- ferred to the controlled corporation. How- nouncement or in a filing with the Securities payer is provided an opportunity for a hear- ever, if the controlled corporation issues its and Exchange Commission. ing within a reasonable period of time after own debt securities and such securities are the levy.110 distributed to the creditors of the distrib- 101 Section 351(g)(2) defines nonqualified preferred Thrift Savings Plan uting corporation, the controlled corpora- stock as preferred stock if (i) the holder has a right Present law includes an anti-alienation tion’s debt securities are not treated as to require the issuer or a related person to redeem rule that provides that the balance of an em- money or other property received by the dis- or purchase the stock, which right may be exercised ployee’s Thrift Savings Plan (‘‘TSP’’) Ac- tributing corporation. Thus, the distributing within the 20 year period beginning on the issue date count is subject to taking only for the en- corporation could use the controlled corpora- and is not subject to a contingency which, as of the issue date, makes remote the likelihood of redemp- forcement of one’s obligations to provide for tion’s securities to retire the distributing tion or purchase; (ii) the issuer or a related person child support or alimony payments, restitu- corporation’s own debt, recognize no gain, is required to redeem or purchase the stock (within tion orders, certain forfeitures, or certain and be in the same economic position as if such 20 year period and not subject to such a contin- obligations of the Executive Director.111 The its debt had been directly assumed by the gency); (iii) the issuer or a related person has the authority for the IRS to levy an employee’s controlled corporation or as if it had retired right to redeem or purchase the stock (which right TSP Account to satisfy tax liabilities is not its debt with cash received from the con- is exercisable within such 20 year period and not mentioned in the anti-alienation rule; TSP trolled corporation. In addition, to the ex- subject to such a contingency) and as of the issue date, it is more likely than not that such right will Accounts are not specifically enumerated in be exercised, or (iv) the dividend on such stock var- the Code provisions identifying property 96 Secs. 355 and 368(a)(1)(D). Section 355 imposes re- ies in whole or in part (directly or indirectly) with that is exempt from levy. quirements for a qualified spin-off, split-off, or split- reference to interest rates, commodity prices, or up. Among other requirements, in order for a trans- other similar indices. There are exceptions for cer- HOUSE PROVISION action to qualify under section 355, the distributing tain rights that are exercisable only on the death, No provision. corporation must either (i) distribute all of the disability or mental incompetency of the holder, or stock and securities of the controlled corporation only upon the separation from service of a service that it holds, or (ii) distribute at least an amount of provider who received the right as reasonable com- 102 Sec. 6331(a). Levy specifically refers to the legal stock constituting control under section 368(c) and pensation for services, and for certain situations in- process by which the IRS orders a third party to establish to the satisfaction of the Secretary of the volving publicly traded stock. Nonqualified pre- turn over property in its possession that belongs to Treasury that the retention of stock (or stock and ferred stock is treated in the same manner as securi- the delinquent taxpayer named in a notice of levy. securities) was not in pursuance of a plan having as ties under section 351 and thus is not qualified con- 103 Ibid. one of its principal purposes the avoidance of Fed- sideration that may be received tax free by a con- 104 Sec. 6334. eral income tax. Sec. 355(a)(1)(D). Section 355 im- tributing shareholder. Sections 354(a)(2)(C) and 105 Sec. 6331(d). poses other requirements to avoid gain recognition 356(e) treat nonqualified preferred stock as taxable 106 Sec. 6330. The notice and the hearing are re- at the corporate level with respect to the spin-off, consideration if received in exchange for stock by ferred to collectively as the CDP requirements. split-up, or split-off, e.g., secs. 355(d) and (e). shareholders of a corporation that itself is a party 107 Secs. 6331(e) and 6343. 97 Sec. 361(a). to a reorganization (except to the extent received in 108 Sec. 6321. 98 Sec. 361(b). exchange for other nonqualified preferred stock); 109 Secs. 6331(d)(3) and 6861. 99 The last sentence of sec. 361(b)(3). and section 355 contains a similar rule (sec. 110 Sec. 6330(f). 100 Sec. 357(c) and the last sentence of sec. 361(b)(3). 355(a)(3)(D)). 111 5 U.S.C. sec. 8437(e)(3).

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SENATE AMENDMENT requires that any amortizable section 197 in- Under rules known as the transfer for The provision amends the statutory provi- tangible acquired in connection with an ap- value rules, if a life insurance contract is sions governing the TSP to clarify that the plicable lease must be recovered over a pe- sold or otherwise transferred for valuable anti-alienation provisions therein do not bar riod not less than the term of the applicable consideration, the amount paid by reason of the IRS from issuing a notice of levy on a lease. the death of the insured that is excludable TSP Account. Under this provision, private activity generally is limited.122 Under the limitation, Effective date.—The provision is effective bonds are not qualified bonds, interest on the excludable amount may not exceed the upon date of enactment. which is tax-exempt, if the bonds are part of sum of (1) the actual value of the consider- an issue, any portion of the proceeds of CONFERENCE AGREEMENT ation, and (2) the premiums or other which is used to finance any applicable amounts subsequently paid by the transferee The conference agreement does not include leased highway property. of the contract. Thus, for example, if a per- the Senate amendment provision. For purposes of this provision, applicable son buys a life insurance contract, and the L. Depreciation and Amortization Rules for leased highway property is defined as prop- consideration he pays combined with his sub- Highway and Related Property Subject to erty subject to an applicable lease and sequent premium payments on the contract Long-Term Leases (sec. 40309 of the Senate placed in service before the date of such are less than the amount of the death benefit amendment and secs. 168, 197, and 147 of the lease. An applicable lease is defined as an ar- he later receives under the contract, then Code) rangement between the taxpayer and a State the difference is includable in the buyer’s in- or political subdivision thereof, or any agen- PRESENT LAW come. cy or instrumentality of either, under which Depreciation and amortization for highways the taxpayer leases a highway and associated Exceptions are provided to the limitation and related property improvements, receives a right-of-way on on the excludable amount. The limitation on A taxpayer generally must capitalize the the public lands underlying such highway the excludable amount does not apply if (1) cost of property used in a trade or business and improvements, and receives a grant of a the transferee’s basis in the contract is de- and recover such cost over time through an- franchise or other intangible right permit- termined in whole or in part by reference to nual deductions for depreciation or amorti- ting the taxpayer to receive funds relating to the transferor’s basis in the contract,123 or zation. Tangible property generally is depre- the operation of such highway. As under (2) the transfer is to the insured, to a partner ciated under the modified accelerated cost present law, a contract that purports to be a of the insured, to a partnership in which the recovery system (‘‘MACRS’’), which deter- service contract or other arrangement (in- insured is a partner, or to a corporation in mines depreciation by applying specific re- cluding a partnership or other passthrough which the insured is a shareholder or offi- covery periods, placed-in-service conven- entity) is treated as a lease if the contract or cer.124 tions, and depreciation methods to the cost arrangement is properly treated as a lease.118 IRS guidance sets forth more details of the of various types of depreciable property.112 Effective date.—The provision is effective tax treatment of a life insurance policy- The alternative depreciation system for leases entered into, and private activity holder who sells or surrenders the life insur- (‘‘ADS’’) applies with respect to tangible bonds issued, after the date of enactment. ance contract and the tax treatment of other property used predominantly outside the CONFERENE AGREEMENT sellers and of buyers of life insurance con- United States during the taxable year, tax- The conference agreement does not include tracts. The guidance relates to the character exempt use property, tax-exempt bond fi- the Senate amendment provision. of taxable amounts (ordinary or capital) and nanced property, and certain other property. M. Transfers to Federal Old-Age and Sur- to the taxpayer’s basis in the life insurance ADS generally requires the use of the vivors Insurance Trust Fund and Federal contract. straight-line method without regard to sal- Disability Insurance Trust Fund 125 vage value, and requires longer recovery pe- In Revenue Ruling 2009–13, the IRS ruled (sec. 40314 of the Senate amendment) riods than MACRS. that income recognized under section 72(e) Under MACRS, the cost of land improve- PRESENT LAW on surrender to the life insurance company ments (such as roads and fences) is recovered To finance Social Security and Medicare of a life insurance contract with cash value over 15 years.113 Land improvements subject benefits, taxes under the Federal Insurance is ordinary income. In the case of sale of a to ADS are recovered over 20 years using the Contributions Act (‘‘FICA’’) are imposed on cash value life insurance contract, the IRS straight-line method.114 employers and employees with respect to ruled that the insured’s (seller’s) basis is re- 119 duced by the cost of insurance, and the gain Amortization of intangible property employee wages. Similar taxes are imposed under the Self-Employment Contribu- on sale of the contract is ordinary income to The cost recovery of many intangible as- tions Act (‘‘SECA’’) on self-employed indi- the extent of the amount that would be rec- sets is governed by the rules of section 197. viduals with respect to their self-employ- ognized as ordinary income if the contract In particular, section 197 provides that any ment income.120 These taxes consist of two were surrendered (the ‘‘inside buildup’’), and amortizable section 197 intangible, including parts: (1) old-age, survivors, and disability any excess is long-term capital gain. Gain on rights granted by a governmental unit and insurance (‘‘OASDI’’), which correlates to the sale of a term life insurance contract franchise rights, is amortized over a 15–year the Social Security program that provides (without cash surrender value) is long-term period.115 monthly benefits after retirement, death or capital gain under the ruling. Private activity bond financing for highways disability; and (2) Medicare hospital insur- In general, interest on a private activity ance (‘‘HI’’). treat certain amounts as amounts paid by reason of bond that is a qualified bond is excludable HOUSE BILL the death of an insured (that is, generally, exclud- from taxable income.116 Under present law, a No provision. able from income). Sec. 101(g). The rules relating to accelerated death benefits provide that amounts private activity bond is not a qualified bond, SENATE AMENDMENT interest on which is tax-exempt, if any por- treated as paid by reason of the death of the insured Under the Senate amendment, the fol- tion of the proceeds of the issue of which the include any amount received under a life insurance lowing amounts are transferred from the bond is a part is used to provide any air- contract on the life of an insured who is a termi- General Fund to the OASDI Trust Funds: $27 nally ill individual, or who is a chronically ill indi- plane, skybox, or other private luxury box, million in fiscal year 2012, and $82 million in vidual (provided certain requirements are met). For health club facility, facility primarily used fiscal year 2014. this purpose, a terminally ill individual is one who for gambling, or store the principal business Effective date.—The Senate amendment has been certified by a physician as having an illness or physical condition which can reasonably be of which is the sale of alcoholic beverages for provision is effective on the date of enact- consumption off premises.117 expected to result in death in 24 months or less after ment. the date of the certification. A chronically ill indi- HOUSE BILL CONFERENCE AGREEMENT vidual is one who has been certified by a licensed No provision. The conference agreement does not include health care practitioner within the preceding 12– month period as meeting certain ability-related re- SENATE AMENDMENT the Senate amendment provision. quirements. In the case of a viatical settlement, if Under this provision, the depreciation for N. Modify Rules that Apply to Sales of Life any portion of the death benefit under a life insur- applicable leased highway property is deter- Insurance Contracts ance contract on the life of an insured who is termi- mined under ADS with a statutory 45-year (secs. 100112–4 of the Senate amendment and nally ill or chronically ill is sold to a viatical settle- recovery period and requirement to use the new sec. 6050X of the Code) ment provider, the amount paid for the sale or as- straight-line method. Further, this provision signment of that portion is treated as an amount PRESENT LAW paid under the life insurance contract by reason of An exclusion from Federal income tax is the death of the insured (that is, generally, exclud- 112 Sec. 168. provided for amounts received under a life able from income). For this purpose, a viatical set- 113 Rev. Proc. 87–56, 1987–42 I.R.B. 4. insurance contract paid by reason of the tlement provider is a person regularly engaged in 114 Ibid. The longest MACRS recovery period is 50 death of the insured.121 the trade or business of purchasing, or taking as- years and applies to railroad gradings and tunnel signments of, life insurance contracts on the lives of bores. Sec. 168(c). terminally ill or chronically ill individuals (pro- 115 Secs. 197(d)(1)(D) and (F). The 15–year amortiza- 118 Sec. 7701(e). vided certain requirements are met). tion provision does not apply to various types of 119 Secs. 3101 and 3111. 122 Sec. 101(a)(2). rights, including any interest in land. Sec. 197(e)(2). 120 Sec. 1401. 123 Sec. 101(a)(2)(A). 116 Sec. 141. 121 Sec. 101(a)(1). In the case of certain accelerated 124 Sec. 101(a)(2)(B). 117 Sec. 147(e). death benefits and viatical settlements, special rules 125 2009–21 I.R.B. 1029.

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00438 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE June 28, 2012 CONGRESSIONAL RECORD — HOUSE H4597 In Revenue Ruling 2009–14,126 the IRS ruled policy number of the contract. Notice of the Act) of the United States Code. The Bank Se- that under the transfer for value rules, a por- transfer of a life insurance contract to a for- crecy Act requires both financial institution of the death benefit received by a buyer eign person is intended to include any sort of tions and account holders to report informa- of a life insurance contract on the death of notice, including information provided for tion that has ‘‘a high degree of usefulness in the insured is includable as ordinary income. nontax purposes such as change of address criminal, tax, or regulatory investigations or The portion is the excess of the death benefit notices for purposes of sending statements or proceedings.’’ 127 Citizens and residents of the over the consideration and other amounts for other purposes, or information relating United States as well as persons doing busi- (e.g., premiums) paid for the contract. Upon to loans, premiums, or death benefits with ness in the United States are required to sale of the contract by the purchaser of the respect to the contract. keep records and file reports that contain contract, the ruling concludes that the gain The statement the issuer provides to any the following information ‘‘in the way and to is long-term capital gain, and in determining seller or transferor to a foreign person also the extent the Secretary prescribes’’ if they the gain, the basis of the contract is not re- includes the name, address, and phone num- enter into a transaction or maintain an ac- duced by the cost of insurance. ber of the issuer’s information contact. count with a foreign financial agency: (1) the HOUSE BILL Reporting with respect to reportable death identity and address of participants in a transaction or relationship; (2) the legal ca- No provision. benefits pacity in which a participant is acting; (3) SENATE AMENDMENT When a reportable death benefit is paid the identity of real parties in interest; and In general under a life insurance contract, the payor in- (4) a description of the transaction, as speci- surance company is required to report infor- The provision imposes reporting require- fied by the Secretary.128 Regulations promul- mation about the payment to the IRS and to ments in the case of the purchase of an exist- gated pursuant to broad regulatory author- the payee. Under this reporting requirement, ing life insurance contract in a reportable ity granted to the Secretary in the Bank Se- the payor reports (1) the payor’s name, ad- policy sale and imposes reporting require- crecy Act 129 provide additional guidance re- dress, and TIN; (2) the name, address, and ments on the payor in the case of the pay- garding the disclosure obligation with re- TIN of each recipient of payment; (3) the ment of reportable death benefits. The provi- spect to foreign accounts. date of each payment; and (4) the amount of sion sets forth rules for determining the As part of a series of reforms directed at each payment. A reportable death benefit 130 basis of a life insurance or annuity contract. international financing of terrorism, the means an amount paid by reason of the Lastly, the provision modifies the transfer Bank Secrecy Act authorizes the Secretary death of the insured under a life insurance for value rules in a transfer of an interest in of Treasury to impose special measures on contract that has been transferred in a re- a life insurance contract that is a reportable certain domestic institutions or agencies if, portable policy sale. policy sale. after consultation with the Secretary of The statement the payor provides to any State and the Attorney General, the Sec- Reporting requirements for acquisitions of life payee also includes the name, address, and retary of Treasury determines that there are insurance contracts phone number of the payor’s information reasonable grounds to conclude that a juris- Reporting upon acquisition of life insurance contact. diction or institution operating outside the contract Payment United States, or accounts or transactions The reporting requirement applies to every For purposes of these reporting require- involving such jurisdictions or institutions, 131 person who acquires a life insurance con- ments, payment means the amount of cash are of primary money laundering concern. In determining whether a particular juris- tract, or any interest in a life insurance con- and the fair market value of any consider- diction is of primary money laundering contract, in a reportable policy sale during the ation transferred in a reportable policy sale. cern, the Secretary considers multiple fac- taxable year. A reportable policy sale means Determination of basis the acquisition of an interest in a life insur- tors that may evidence that the jurisdiction ance contract, directly or indirectly, if the The provision provides that in determining lacks adequate transparency and may be a acquirer has no substantial family, business, the basis of a life insurance or annuity con- haven for criminal activities. Evidence that or financial relationship with the insured tract, no adjustment is made for mortality, groups involved in organized crime, inter- (apart from the acquirer’s interest in the life expense, or other reasonable charges in- national terrorism or proliferation of weap- insurance contract). An indirect acquisition curred under the contract (known as ‘‘cost of ons of mass destruction have transacted includes the acquisition of an interest in a insurance’’). This reverses the position of the business in that jurisdiction as well as the partnership, trust, or other entity that holds IRS in Revenue Ruling 2009–13 that on sale of degree of corruption among high-level offi- an interest in the life insurance contract. a cash value life insurance contract, the in- cials must be considered. With respect to as- Under the reporting requirement, the sured’s (seller’s) basis is reduced by the cost sessing the fiscal transparency of the juris- acquiror of the contract reports information of insurance. diction, factors include the domestic laws of about the acquisition to the IRS, to the in- Scope of transfer for value rules that jurisdiction and their administration; surance company that issued the contract, The provision provides that the exceptions the reputation of the jurisdiction as an off- and to the person or persons receiving a pay- to the transfer for value rules do not apply shore banking haven by credible inter- ment. The information reported by the in the case of a transfer of a life insurance national organizations; the extent to which acquiror about the acquisition of the con- contract, or any interest in a life insurance the jurisdiction offers regulatory advantages tract is (1) the acquiror’s name, address, and contract, in a reportable policy sale. Thus, to nonresidents; and whether the United taxpayer identification number (‘‘TIN’’), (2) some portion of the death benefit ultimately States has a Mutual Legal Assistance Treaty the name, address, and TIN of each recipient payable under such a contract may be in- (‘‘MLAT’’) with the jurisdiction, and if so, of payment in the reportable policy sale, (3) cludable in income. experience of U.S. officials in obtaining information under that agreement. the date of the reportable policy sale, (4) the Effective date name of the issuer and the policy number of In determining whether to apply one or Under the provision, the reporting require- the life insurance contract, and (5) the more special measure to a particular institu- ment is effective for reportable policy sales amount of each payment. tion, or with respect to a type of account or occurring after December 31, 2012, and re- The statement the acquiror provides to transaction, the Secretary considers whether portable death benefits paid after December any issuer of a life insurance contract is not the transactions, accounts or institutions fa- 31, 2012. The clarification of the basis rules required to include the amount of the pay- cilitate money laundering through a par- for life insurance and annuity contracts is ment or payments for the acquisition of the ticular jurisdiction. The Secretary also effective for transactions entered into after contract. The statement the acquiror pro- looks at evidence that organized criminal August 25, 2009. The modification of excep- vides to any issuer of a life insurance con- groups or terrorists have been able to avail tion to the transfer for value rules is effec- tract or recipient of a payment in the report- tive for transfers occurring after December able policy sale also includes the name, ad- 127 31 U.S.C. sec. 5311. 31, 2012. dress, and phone number of the acquiror’s in- 128 31 U.S.C. sec. 5314. The term ‘‘agency’’ in the formation contact. CONFERENCE AGREEMENT Bank Secrecy Act includes financial institutions. 129 31 U.S.C. sec. 5314(a) provides: ‘‘Considering the Reporting of seller’s basis in the life insurance The conference agreement does not include the Senate amendment provision. need to avoid impeding or controlling the export or contract import of monetary instruments and the need to On receipt of a report described above, or O. Authorizing Special Measures against avoid burdening unreasonably a person making a on any notice of the transfer of a life insur- Foreign Jurisdictions, Financial Institu- transaction with a foreign financial agency, the Sec- ance contract to a foreign person, each tions, and Others that Significantly Im- retary of the Treasury shall require a resident or pede U.S. Tax Enforcement citizen of the United States or a person in, and doing issuer is required to report to the IRS and to business in, the United States, to keep records, file the seller or transferor (1) the basis of the (sec. 100201 of the Senate amendment and 31 reports, or keep records and file reports, when the contract (i.e., the investment in the contract U.S.C. sec. 5138A) resident, citizen, or person makes a transaction or within the meaning of section 72(e)(6)), (2) PRESENT LAW maintains a relation for any person with a foreign financial agency.’’ the name, address, and TIN of the seller or Cross-border transfers of assets to, and in- the transferor to a foreign person, and (3) the 130 See, e.g., Title III of the USA PATRIOT Act, terests held in, foreign bank accounts or for- Pub. L. No. 107–56 (October 26, 2001) (sections 351 eign entities are subject to reporting re- through 366). 126 2009–21 I.R.B. 1031. quirements under Title 31 (the Bank Secrecy 131 31 U.S.C. sec. 5318A.

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00439 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H4598 CONGRESSIONAL RECORD — HOUSE June 28, 2012 themselves of such institution, accounts or isters of Finance. Whether by tax treaty or is properly attributable to all business ac- transactions. The extent to which legitimate TIEA, the OECD Standards require that a ju- tivities and property of a taxpayer, regard- business is conducted through the accounts risdiction (1) exchange information where it less of any specific purpose for incurring an or institutions is also considered. is ‘‘foreseeably relevant’’ to the administra- obligation on which interest is paid.139 For The selection of the specific measures is tion and enforcement of the domestic laws of interest allocation purposes, all members of made after consultation with other financial a requesting State; (2) not restrict exchanges an affiliated group of corporations generally regulatory agencies and the Secretary of on the basis of bank secrecy or domestic tax are treated as a single corporation (the so- State.132 The factors that must be considered interest requirements; (3) have powers to en- called ‘‘one-taxpayer rule’’) and allocation in selecting which of the measures to invoke force access to reliable information; (4) re- must be made on the basis of assets rather are enumerated and include U.S. national se- spect taxpayer rights; and (5) maintain strict than gross income. The term ‘‘affiliated curity and foreign policy; the cost and bur- confidentiality of information exchanged.138 group’’ in this context generally is defined den of compliance with the measures; wheth- HOUSE BILL by reference to the rules for determining er U.S. financial institutions will be placed whether corporations are eligible to file con- No provision. at a competitive disadvantages as a result; solidated returns. the impact of the measure on the inter- SENATE AMENDMENT For consolidation purposes, the term ‘‘af- national payment, clearance and settlement The provision expands the special meas- filiated group’’ means one or more chains of system; and whether any similar sanction ures powers under the Bank Secrecy Act by includible corporations connected through has been imposed by another nation or mul- authorizing use of the powers based on a stock ownership with a common parent cor- tilateral group. Increased reporting obliga- finding, made in consultation with the Com- poration that is an includible corporation, tions with respect to types of transactions or missioner of the IRS, the Secretary of State but only if: (1) the common parent owns di- accounts involving a foreign jurisdiction, and the Attorney General, that an institu- rectly stock possessing at least 80 percent of mandatory collection of information about tion, jurisdiction or international trans- the total voting power and at least 80 per- beneficial ownership of certain types of ac- action is significantly impeding tax enforce- cent of the total value of at least one other counts, and prohibitions against opening or ment. In making such a finding, cooperation includible corporation; and (2) stock meeting maintaining payable-through or cor- of an institution or jurisdiction with the im- the same voting power and value standards respondent accounts with a nexus to foreign plementation of FATCA may be favorably with respect to each includible corporation jurisdictions are among the measures per- considered. The information and consulta- (excluding the common parent) is directly mitted. These measures may be imposed sep- tions to be considered in making a finding to owned by one or more other includible cor- arately or in combination. support use of the special measures on the porations. Cross-border payment flows are also sub- basis of either money-laundering or tax en- Generally, the term ‘‘includible corpora- ject to reporting obligations for tax pur- forcement concerns are expanded to require tion’’ means any domestic corporation except certain corporations exempt from tax poses.133 Those reporting obligations and re- consideration of U.S. experience with admin- under section 501 (for example, corporations lated provisions are commonly referred to as istrative assistance requests under a tax organized and operated exclusively for chari- FATCA,134 which added new Chapter 4, a re- treaty or tax information exchange agree- table or educational purposes), certain life porting and withholding regime, to Subtitle ment. Furthermore, a number of conforming insurance companies, corporations electing A of the Code. Chapter 4 requires reporting changes are made to the enumeration of con- application of the possession tax credit, reg- of specific information by third parties for siderations to ensure that factors relevant to ulated investment companies, real estate in- certain U.S. accounts held in foreign finan- tax enforcement are considered. vestment trusts, and domestic international cial institutions (‘‘FFIs’’).135 Information re- The process for selection of special meas- sales corporations. A foreign corporation porting is encouraged through the with- ures to be taken and the considerations for generally is not an includible corporation. their selection remain the same as under holding of tax on payments to FFIs unless Subject to exceptions, the consolidated represent law, except for the identity of the the FFI enters into and complies with an in- turn and interest allocation definitions of af- persons or agencies to be consulted in the formation reporting agreement with the Sec- filiation generally are consistent with each 136 process when the use of special measures is retary of the Treasury. other. For example, both definitions gen- Access to the foreign-based documents nec- based on a finding that U.S. tax enforcement erally exclude all foreign corporations from essary to combat money laundering and tax is being significantly impeded. In that case, the affiliated group. Thus, while debt gen- evasion is secured through information ex- the Secretary of Treasury is required to con- erally is considered fungible among the as- changes with foreign jurisdictions under the sult only with the Commissioner of IRS, the sets of a group of domestic affiliated cor- terms of various treaties and international Secretary of State and the Attorney Gen- porations, the same rules do not apply as be- agreements, such as MLAT, tax treaties, or eral. The Secretary of Treasury has sole dis- tween the domestic and foreign members of a tax information exchange agreements cretion whether to consult any other agen- group with the same degree of common con- (‘‘TIEA’’).137 International norms regarding cies. trol as the domestic affiliated group. fiscal transparency and exchange of informa- All special measures under present law are tion for tax administration purposes are re- available for both anti-money-laundering Banks, savings institutions, and other finan- flected in the standards developed by the Or- and tax enforcement-based findings. The cial affiliates ganization for Economic Cooperation and ability to prohibit or impose conditions on The affiliated group for interest allocation Development (‘‘OECD’’). The OECD Stand- the use of correspondent or payable-through purposes generally excludes what are re- ards have been endorsed by the G–20 Min- accounts is expanded to include the author- ferred to in the Treasury regulations as ‘‘fi- ization, approval or use in the United States nancial corporations.’’ 140 A financial corporation includes any corporation, otherwise 132 Section 5318A(4)(A) requires consultation with of a credit card, charge card, debit card or Board of the Governors of the Federal Reserve Sys- other similar financial instrument. a member of the affiliated group for consoli- tem, the Securities and Exchange Commission, the Effective date.—The provision is effective dation purposes, that is a financial institu- Commodity Futures Trading Commission, the Na- upon date of enactment. tion (described in section 581 or section 591), tional Credit Union Administration Board, any CONFERENCE AGREEMENT the business of which is predominantly with other appropriate Federal banking agency and any persons other than related persons or their The conference agreement does not include other interested party identified by the Secretary. customers, and which is required by State or 133 the Senate amendment provision. Hiring Incentives to Restore Employment Act Federal law to be operated separately from (‘‘HIRE’’), Pub. L. No. 111–147 (2010). P. Delay in Application of Worldwide 134 any other entity that is not a financial insti- Subtitle A of Title V of the HIRE Act, entitled Interest ‘‘Foreign Account Tax Compliance,’’ was based on tution.141 The category of financial corpora- legislative proposals in the Foreign Account Tax (sec. 1801 of the Senate amendment and sec. tions also includes, to the extent provided in Compliance Act (‘‘FATCA’’), a bill introduced in 864(f) of the Code) regulations, bank holding companies (includ- both the House and Senate on October 27, 2009. See PRESENT LAW ing financial holding companies), subsidi- H.R. 3933 and S. 1934, respectively. aries of banks and bank holding companies 135 In general Under section 1471(c), an FFI must report (1) the (including financial holding companies), and name, address, and taxpayer identification number To compute the foreign tax credit limita- savings institutions predominantly engaged of each U.S. person or a foreign entity with one or tion, a taxpayer must determine the amount in the active conduct of a banking, financ- more substantial U.S. owners holding an account, (2) of its taxable income from foreign sources. the account number, (3) the account balance or ing, or similar business.142 value, and (4) except as provided by the Secretary, Thus, the taxpayer must allocate and appor- A financial corporation is not treated as a the gross receipts and gross withdrawals or pay- tion deductions between items of U.S.-source member of the regular affiliated group for ments from the account. gross income, on the one hand, and items of purposes of applying the one-taxpayer rule 136 The information reporting requirement under foreign-source gross income, on the other. to other nonfinancial members of that group. the HIRE Act generally applies to payments made In the case of interest expense, the rules after December 31, 2012. generally are based on the approach that 137 TIEAs are entered into by the Administration, money is fungible and that interest expense 139 However, exceptions to the fungibility principle without the advice and consent of the Senate. In are provided in particular cases, some of which are contrast to the bilateral tax treaties, TIEAs are gen- described below. erally limited in scope to mutual exchange of infor- 138 Overview of the OECD’s Work on International 140 Temp. Treas. Reg. sec. 1.861–11T(d)(4). mation. Since the 1980s, the United States has en- Tax Evasion (A note by the OECD Secretariat), p. 3, 141 Sec. 864(e)(5)(C). tered into over 20 such agreements. March 23, 2009. 142 Sec. 864(e)(5)(D).

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00440 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE June 28, 2012 CONGRESSIONAL RECORD — HOUSE H4599 Instead, all such financial corporations that fungibility approach. The rules also provide tion and the financial institution group elec- would be so affiliated are treated as a sepa- a one-time ‘‘financial institution group’’ tion are changed accordingly. rate single corporation for interest alloca- election that expands the bank group. At the Effective date.—The provision is effective tion purposes. election of the common parent of the pre- on the date of enactment. Worldwide interest allocation election worldwide affiliated group, the in- CONFERENCE AGREEMENT terest expense allocation rules are applied In general The conference agreement does not include separately to a subgroup of the worldwide af- the Senate amendment provision. The American Jobs Creation Act of 2004 filiated group that consists of (1) all corpora- 143 (‘‘AJCA’’) modified the interest expense tions that are part of the bank group, and (2) PART IV—TAX COMPLEXITY ANALYSIS allocation rules described above (which gen- all ‘‘financial corporations.’’ For this pur- Section 4022(b) of the Internal Revenue erally apply for purposes of computing the pose, a corporation is a financial corporation Service Reform and Restructuring Act of foreign tax credit limitation) by providing a if at least 80 percent of its gross income is fi- 1998 (the ‘‘IRS Reform Act’’) requires the one-time election (the ‘‘worldwide affiliated nancial services income (as described in sec- Joint Committee on Taxation (in consulta- group election’’) under which the taxable in- tion 904(d)(2)(D)(ii) and the regulations tion with the Internal Revenue Service and come of the domestic members of an affili- thereunder) that is derived from trans- the Department of the Treasury) to provide ated group from sources outside the United actions with unrelated persons.147 For these a tax complexity analysis. The complexity States generally is determined by allocating purposes, items of income or gain from a analysis is required for all legislation re- and apportioning interest expense of the do- transaction or series of transactions are dis- ported by the Senate Committee on Finance, mestic members of a worldwide affiliated regarded if a principal purpose for the trans- the House Committee on Ways and Means, or group on a worldwide-group basis (i.e., as if action or transactions is to qualify any cor- any committee of conference if the legisla- all members of the worldwide group were a poration as a financial corporation. tion includes a provision that directly or in- single corporation). If a group makes this In addition, anti-abuse rules are provided directly amends the Internal Revenue Code election, the taxable income of the domestic under which certain transfers from one mem- (the ‘‘Code’’) and has widespread applica- members of a worldwide affiliated group ber of a financial institution group to a bility to individuals or small businesses. from sources outside the United States is de- member of the worldwide affiliated group The staff of the Joint Committee on Tax- termined by allocating and apportioning the outside of the financial institution group are ation has determined that a complexity third-party interest expense of those domes- treated as reducing the amount of indebted- analysis is not required under section 4022(b) tic members to foreign-source income in an ness of the separate financial institution of the IRS Reform Act because the bill con- amount equal to the excess (if any) of (1) the group. Regulatory authority is provided with tains no provisions that have ‘‘widespread worldwide affiliated group’s worldwide third- respect to the election to provide for the di- applicability’’ to individuals or small busi- party interest expense multiplied by the rect allocation of interest expense in cir- nesses. ratio that the foreign assets of the worldwide cumstances in which such allocation is ap- affiliated group bears to the total assets of A. PBGC Premiums (secs. 40221–40222 of the propriate to carry out the purposes of these conference agreement and ERISA sec. 4006) the worldwide affiliated group,144 over (2) the rules, to prevent assets or interest expense third-party interest expense incurred by for- from being taken into account more than PRESENT LAW eign members of the group to the extent once, or to address changes in members of Defined benefit plans subject to ERISA are such interest would be allocated to foreign any group (through acquisitions or other- covered by the Pension Benefit Guaranty sources if the principles of worldwide inter- wise) treated as affiliated under these rules. Corporation (‘‘PBGC’’) insurance program est allocation were applied separately to the Effective date of worldwide interest allocation and related premium requirements. foreign members of the group.145 In the case of a single-employer defined For purposes of the new elective rules The common parent of the domestic affili- benefit plan, flat-rate premiums apply at a based on worldwide fungibility, the world- ated group must make the worldwide affili- rate of $35.00 per participant for 2012. Single- wide affiliated group means all corporations ated group election. It must be made for the employer flat-rate premium rates are in- in an affiliated group as well as all con- first taxable year beginning after December dexed for inflation. trolled foreign corporations that, in the ag- 31, 2020, in which a worldwide affiliated If a single-employer defined benefit plan gregate, either directly or indirectly,146 group exists that includes at least one for- has unfunded vested benefits, variable-rate would be members of such an affiliated group eign corporation that meets the require- premiums also apply at a rate of $9 per $1,000 if section 1504(b)(3) did not apply (i.e., in ments for inclusion in a worldwide affiliated of unfunded vested benefits divided by the 148 which at least 80 percent of the vote and group. The common parent of the pre-elec- number of participants. Variable-rate pre- value of the stock of such corporations is tion worldwide affiliated group must make miums are not indexed for inflation. For pur- owned by one or more other corporations in- the election for the first taxable year begin- poses of determining variable-rate precluded in the affiliated group). Thus, if an af- ning after December 31, 2020, in which a miums, unfunded vested benefits are equal to filiated group makes this election, the tax- worldwide affiliated group includes a finan- the excess (if any) of (1) the plan’s funding able income from sources outside the United cial corporation. Once either election is target for the year, as determined under the States of domestic group members generally made, it applies to the common parent and minimum funding rules, but taking into ac- is determined by allocating and apportioning all other members of the worldwide affiliated count only vested benefits, over (2) the fair interest expense of the domestic members of group or to all members of the financial in- market value of plan assets. In determining the worldwide affiliated group as if all of the stitution group, as applicable, for the tax- the plan’s funding target for this purpose, interest expense and assets of 80-percent or able year for which the election is made and the interest rates used are segment rates de- greater owned domestic corporations (i.e., all subsequent taxable years, unless revoked termined as under the minimum funding corporations that are part of the affiliated with the consent of the Secretary of the rules, but determined on a monthly basis, group, as modified to include insurance com- Treasury. rather than using a 24-month average of cor- panies) and certain controlled foreign cor- HOUSE BILL porate bond rates. porations were attributable to a single cor- No provision. In the case of a multiemployer defined ben- poration. SENATE AMENDMENT efit plan, flat-rate premiums apply at a rate Financial institution group election The provision delays the effective date of of $9.00 per participant for 2012. Multiem- Taxpayers are allowed to apply the bank the worldwide interest allocation rules for ployer flat-rate premium rates are indexed group rules to exclude certain financial in- one year, until taxable years beginning after for inflation and are expected to increase to stitutions from the affiliated group for inter- December 31, 2021. The required dates for $10 for 2013. est allocation purposes under the worldwide making the worldwide affiliated group elec- HOUSE BILL No provision. 143 Pub. L. No. 108–357, sec. 401. 147 See Treas. Reg. sec. 1.904–4(e)(2). SENATE AMENDMENT 144 For purposes of determining the assets of the 148 As originally enacted under AJCA, the world- worldwide affiliated group, neither stock in corpora- wide interest allocation rules were effective for tax- No provision. tions within the group nor indebtedness (including able years beginning after December 31, 2008. How- CONFERENCE AGREEMENT receivables) between members of the group is taken ever, section 3093 of the Housing and Economic Re- The conference agreement increases PBGC into account. covery Act of 2008, Pub. L. No. 110–289, delayed the 145 Although the interest expense of a foreign sub- implementation of the worldwide interest allocation premiums for single-employer plans and sidiary is taken into account for purposes of allo- rules for two years, until taxable years beginning multiemployer plans. cating the interest expense of the domestic members after December 31, 2010; section 15 of the Worker, Single-employer plan flat-rate premiums of the electing worldwide affiliated group for foreign Homeownership, and Business Assistance Act of are increased to $42 per participant for 2013 tax credit limitation purposes, the interest expense 2009, Pub. L. No. 111–92, delayed the implementation and $49 per participant for 2014 with indexing incurred by a foreign subsidiary is not deductible on of the worldwide interest allocation rules for seven thereafter. a U.S. return. years, until taxable years beginning after December For plan years beginning after 2012, the 146 Indirect ownership is determined under the 31, 2017; and section 551 of the Hiring Incentives to rules of section 958(a)(2) or through applying rules Restore Employment Act, Pub. L. No. 111–126, fur- rate for variable-rate premiums ($9 per $1,000 similar to those of section 958(a)(2) to stock owned ther delayed implementation of the worldwide inter- of unfunded vested benefits) is indexed and directly or indirectly by domestic partnerships, est allocation rules for three years, until taxable the per-participant variable-rate premium is trusts, or estates. years beginning after December 31, 2020. subject to a limit. The limit is $400 for 2013

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00441 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H4600 CONGRESSIONAL RECORD — HOUSE June 28, 2012 with indexing thereafter. In addition, the hance the overall effectiveness of the board, fies that funds for eligible Title III projects rate for variable-rate premiums per $1,000 of and (2) the advisory committee should pro- under the program must be obligated by the unfunded vested benefits is increased by $4 vide the board with policy recommendations end of the following fiscal year but not nec- for 2014 and another $5 for 2015. These in- regarding changes to the law that would be essarily initiated. creases are applied to the rate applicable for beneficial to the PBGC or the voluntary pri- Payment-in-lieu of taxes the preceding year (that is, $9 as indexed for vate pension system. The conference report also includes Senate the preceding year per $1,000 of unfunded The conference agreement also directs the language to extend by one year, through fis- vested benefits) and indexing continues to PBGC, not later than 90 days after enact- cal year 2013, full funding for the Payment in apply thereafter. ment, to contract with the National Acad- Lieu of Taxes program. The program pro- Multiemployer plan flat-rate premiums are emy of Public Administration to conduct a vides federal payments to local governments increased by $2 per participant for 2013. study of the PBGC to include (1) a review of to help offset losses in property taxes due to B. Improvements of PBGC (secs. 40231–40234 governance structures of organizations (gov- nontaxable federal land within their bound- of the conference agreement and ERISA ernmental and nongovernmental) that are aries. analogous to the PBGC and (2) recommenda- sec. 4002, new sec. 4004 and sec. 4005)—Draft Gulf coast restoration of 6/27/12, 9:00 PM tions with respect to various topics relating The conference report modifies a Senate PRESENT LAW to the board of directors, such as composition, procedures, and policies to enhance provision related to Gulf Coast restoration The Pension Benefit Guaranty Corporation Congressional oversight. The results of the known as the Resources and Ecosystems (‘‘PBGC’’), which was created by the Em- study are to be reported within a year of ini- Sustainability, Tourism Opportunities and ployee Retirement Income Security Act of tiation of the study to the Committee on Revived Economies of the Gulf Coast States 1974 (‘‘ERISA’’), insures benefits provided Health, Education, Labor, and Pensions and Act of 2012 (RESTORE Act). The provision under defined benefit plans covered by Committee on Finance of the Senate and the establishes the Gulf Coast Restoration Trust ERISA, collects premiums with respect to Committee on Education and the Workforce Fund and places in the Trust Fund 80% of all such plans, and manages assets and pays and Committee on Ways and Means of the civil penalties paid by responsible parties in benefits with respect to certain terminated House of Representatives. connection with the Deepwater Horizon oil plans. PBGC’s purposes are to encourage the spill. Funding may be used to invest in continuation and maintenance of voluntary Participant and plan sponsor advocate projects and activities to restore the long- private defined benefit plans, provide timely The conference agreement establishes a term health of the coastal ecosystem and and uninterrupted payment of pension bene- new Participant and Plan Sponsor Advocate. local economies in the Gulf Coast Region, fits to participants and beneficiaries, and The Advocate is chosen by the Board of Di- which includes the states of Mississippi, Lou- maintain premiums at the lowest level con- rectors from the candidates nominated by isiana, Alabama, Florida, and Texas. A por- sistent with carrying out its obligations the advisory committee. This individual will tion of the funds will be allocated directly under ERISA.149 act as a liaison between the corporation and and equally to the five Gulf Coast states for PBGC is administered by a director, who is participants in terminated pension plans. ecological and economic recovery along the appointed by the President with the advice The Advocate will ensure that participants coast. A portion will be provided to the Gulf and consent of the Senate. PBGC’s board of receive everything they are entitled to under Coast Ecosystem Restoration Council estab- directors consists of the Secretary of the the law. The Advocate will also provide plan lished by the bill to develop and fund a com- Treasury, the Secretary of Labor, and the sponsors with assistance in resolving dis- prehensive plan for the restoration of Gulf Secretary of Commerce, with the Secretary putes with the corporation. Each year, the Coast ecosystems. A portion will be allo- of Labor serving as chair. An advisory com- Advocate will provide a report on their ac- cated among the states using an impact- mittee has been established for the purpose tivities to the Committee on Health, Edu- based formula to implement state plans that of advising the PBGC as to various policies cation, Labor, and Pensions and Committee have been approved by the Council. Finally, and procedures. ERISA contains general pro- on Finance of the Senate, the Committee on a portion of the fines will be allocated to a visions as to the board of directors and advi- Education and the Workforce of the House of Gulf Coast ecosystem restoration, science, sory committee. Representatives, and the Committee on observation, monitoring and technology program and for grants to nongovernmental en- HOUSE BILL Ways and Means of the House of Representa- tives summarizing the issues raised by par- tities for the establishment of Gulf Coast No provision. ticipants and plan sponsors and making rec- centers of excellence. SENATE AMENDMENT ommendations for changes to improve the Phased retirement No provision. system. PRESENT LAW CONFERENCE AGREEMENT Quality control procedures for the PBGC Under current law, Federal agencies may PBGC governance improvement The conference agreement states that the offer part-time employment to retirement- The conference agreement expands the PBGC will contract with an outside agency eligible workers, but the employee may not ERISA provisions relating to the PBGC (such as the Social Security Administration) begin receiving accrued pension benefits. board of directors, advisory committee, di- to conduct an annual review of the Corpora- Currently, Federal employees face one of rector and other PBGC officials. tion’s Single-Employer and Multiemployer three choices upon reaching retirement age: With respect to the board of directors, the Pension Insurance Modeling Systems (1) voluntarily retire and collect an annuity conference agreement addresses timing and (‘‘PIMS’’). The first reviews will be initiated based on the pension computation formula, procedures for meetings (including a joint no later than 3 months after the enactment (2) continue to work full time, in most cases meeting with the advisory committee). It of this Act. increasing the number of service years used also ensures that the PBGC inspector gen- The conference agreement also states that in calculating their pension, or (3) volun- eral has direct access to the board, clarifies the PBGC will make its own efforts to de- tarily retire and return to Federal employ- the role of the General Counsel, and provides velop review policies to examine actuarial ment as a reemployed annuitant. As a result, authority to the board to hire its own em- work, management, and record keeping. Fi- most experienced Federal employees elect to ployees, experts and consultants as may be nally, the conference agreement instructs retire. required to enable the board to perform its the PBGC to provide a specific report ad- Under Internal Revenue Code section 72(t), duties. The conference agreement includes dressing outstanding recommendations made certain distributions from a qualified retire- 1 specific rules on conflicts of interest with re- by the Office of the Inspector General ment plan prior to age 59 ⁄2 are subject to an spect to the board of directors and the direc- (‘‘OIG’’) relating to the Policy, Research, additional tax of 10 percent of the taxable tor of PBGC and provides for the PBGC to and Analysis Department and the Benefits amount of the distribution. have a risk management officer. It further Administration and Payment Department. HOUSE BILL clarifies that the PBGC board of directors is Line of credit repeal No provision. ultimately responsible for overseeing PBGC The conference agreement repeals section SENATE AMENDMENT and that the director is directly accountable 4005(c) of ERISA, which provides authority The Senate amendment provides the Office to the board of directors and can be removed for the PBGC to issue notes or other obliga- of Personnel Management the authority to by the board of directors or the president. It tions in an amount up to $100,000,000. establish a phased retirement program for also sets the director’s term at five years un- qualified Federal employees. The amend- Natural resource provisions less removed before the expiration of the ment allows Federal employees to retire term by the President or the board of direc- Secure rural schools from a portion of their full time employment tors. The conference report includes Senate lan- and receive a prorated pension for that serv- The conference agreement states the sense guage that extends by one year, through fis- ice. During phased retirement, Federal em- of Congress that (1) the board of directors cal year 2012, the Secure Rural Schools pro- ployees may work 20 to 80 percent of their should form committees, including an audit gram. The program funds county outlays for full-time schedule and continue to receive a committee and an investment committee public schools, road improvement and main- prorated salary and pension credit for the composed of at least two members, to en- tenance projects, and forest restoration and time worked. At least 20 percent of the time improvement projects in and around Na- worked must be used to mentor new employ- 149 ERISA sec. 4002(a). tional Forests. The conference report clari- ees. When the phased retiree fully retires,

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their annuity would be adjusted, increasing LARRY BUCSHON, JAIME HERRERA BEUTLER, the employee’s lifetime retirement income. RICHARD HANNA, LARRY BUCSHON, The Senate amendment excludes from eligi- STEVE SOUTHERLAND, RICHARD L. HANNA, bility law enforcement officers, firefighters, JAMES LANKFORD, STEVE SOUTHERLAND II, nuclear materials couriers, air traffic con- REID RIBBLE, JAMES LANKFORD, trollers, customs and border protection offi- NICK RAHALL, REID J. RIBBLE, cers, or members of the Capital Police or Su- PETER DEFAZIO, From the Committee on Energy and Com- preme Court Police. JERRY COSTELLO, merce, for consideration of sec. 142 and titles CONFERENCE REPORT ELEANOR HOLMES NORTON, II and V of the House bill, and secs. 1113, 1201, The conference report follows the Senate JERROLD NADLER, 1202, subtitles B, C, D, and E of title I of Di- amendment with three changes. First, Postal CORRINE BROWN, vision C, secs. 32701–32705, 32710, 32713, 40101, Service employees are exempted from the re- ELIJAH CUMMINGS, and 40301 of the Senate amendment, and quirement to spend 20 percent of their time LEONARD BOSWELL, modifications committed to the conference: mentoring. Second, the provision provides TIM BISHOP, FRED UPTON, that certain law enforcement officers such as As additional conferees from the Committee ED WHITFIELD, Customs and Border Protection Officers on Commerce, for consideration of sec. 142 HENRY A. WAXMAN, hired before 2008 (when they were granted and titles II and V of the House bill, and From the Committee on Natural Resources, law-enforcement type status which makes secs. 1113, 1201, 1202, subtitles B, C, D, and E for consideration of secs. 123, 142, 204, and ti- them ineligible for phased retirement under of title I of Division C, secs. 32701, 32705, tles III and VI of the House bill, and sec. 1116, the Senate Amendment because they are 32710, 32713, 40101, and 40301 of the Senate subtitles C, F, and G of title I of Division A, subject to mandatory retirement) are eligi- amendment, and modifications committed to sec. 33009, titles VI and VII of Division C, sec. ble for phased retirement. Finally, the con- conference: 40101, subtitles A and B of title I of Division ference agreement provides an exception to FRED UPTON, F, and sec. 100301 of the Senate amendment, the additional tax under section 72(t) of the ED WHITFIELD, and modifications committed to conference: Internal Revenue Code for distributions from HENRY WAXMAN, DOC HASTINGS, federal retirement plans to qualified phased As additional conferees from the Committee ROB BISHOP, retirees. on Natural Resources, for consideration of From the Committee on Science, Space, and Effective Date—The provision is effective on secs. 123, 142, 204, and titles III and VI of the Technology for consideration of secs. 121, 123, the date the implementing regulations are House bill, and sec. 1116, subtitles C, F, and 136, and 137 of the House bill, and sec. 1534, issued by the Director of the Office of Per- G of title I of Division A, sec. 33009, titles VI subtitle F of title I of Division A, secs. 20013, sonnel Management. and VII of Division C, sec. 40101, subtitles A 20014, 20029, 31101, 31103, 31111, 31204, 31504, and B of title I of Division F, and sec. 100301 Technical correction to the disaster recovery 32705, 33009, 34008, and Division E of the Sen- of the Senate amendment, and modifications FMAP provision ate amendment, and modifications com- committed to conference: mitted to conference: The ACA included a provision known as DOC HASTINGS, RALPH M. HALL, the ‘disaster-recovery FMAP’ designed to ROB BISHOP, CHIP CRAVAACK, help states adjust to drastic changes in ED MARKEY, From the Committee on Ways and Means, for FMAP following a statewide disaster. Once As additional conferees from the Committee consideration of secs. 141 and 142 of the triggered, the policy would provide assist- on Science, Space, and Technology for con- House bill, and secs. 1801, 40101, 40102, 40201, ance for as many as seven years following sideration of secs. 121, 123, 136, and 137 of the 40202, 40204, 40205, 40301–40307, 40309–40314, the disaster, as long as the state continued House bill, and sec. 1534, subtitle F of title I 100112–100114, and 100116 of the Senate amend- to experience an FMAP drop of more than of Division A, secs. 20013, 20014, 20029, 31101, ment, and modifications committed to con- three percentage points. The Middle Class 31103, 31111, 31204, 31504, 32705, 33009, 34008, ference: Tax Relief and Job Creation Act of 2012 cor- and Division E of the Senate amendment, DAVE CAMP, rected the formula. This policy moves the ef- and modifications committed to conference: PATRICK J. TIBERI, fective date to October 1, 2012 and adjusts RALPH HALL, Managers on the Part of the House. the formula for fiscal year 2013. CHIP CRAVAACK, Ocean freight differential EDDIE BERNICE JOHNSON, BARBARA BOXER, The United States provides humanitarian As additional conferees from the Committee MAX BAUCUS, food aid to developing countries. This assist- on Ways and Means, for consideration of JOHN D. ROCKEFELLER, IV, ance is subject to an additional cargo pref- secs. 141 and 142 of the House bill, and secs. RICHARD J. DURBIN, erence, which requires 75% of food assistance 1801, 40101, 40102, 40201, 40202, 40204, 40205, TIM JOHNSON, be shipped from U.S. flagged vessels. The 40301, 40307, 40309, 40314, 100112, 100114, and CHARLES E. SCHUMER, Maritime Administration at the Department 100116 of the Senate amendment, and modi- BILL NELSON, of Transportation is required to reimburse fications committed to conference: ROBERT MENENDEZ, the U.S. agencies that sponsor food aid ship- DAVE CAMP, JAMES M. INHOFE, ments for the increased costs associated with PAT TIBERI, DAVID VITTER, the U.S. flag shipping requirement. This pro- EARL BLUMENAUER, RICHARD C. SHELBY, posal would reduce to 50% the incremental Managers on the Part of the House. KAY BAILEY HUTCHISON, ocean freight differential, which would re- Managers on the Part of the Senate. BARBARA BOXER, duce the amount of quarterly payments MAX BAUCUS, made by Maritime Administration at the De- f JOHN ROCKEFELLER, partment of Transportation. DICK DURBIN, Abandoned mine land TIM JOHNSON, ANNOUNCEMENT BY THE SPEAKER This proposal would cap abandoned mine CHUCK SCHUMER, PRO TEMPORE land (AML) reclamation payments to states BILL NELSON, that have completed all high-priority aban- ROBERT MENENDEZ, The SPEAKER pro tempore (Mr. doned coal mine reclamation projects. Under JAMES INHOFE, BERG). Under clause 8 of rule XX, the this proposal, payments to those states (cer- DAVID VITTER, filing of the conference report on H.R. tified states) would be capped at $15 million ORRIN HATCH, 4348 has vitiated the motion to instruct annually. RICHARD SHELBY, conferees offered by the gentlewoman Pursuant to the order of the House on April KAY BAILEY HUTCHISON, from California (Ms. HAHN) which was 25, 2012, the Speaker appointed the following JOHN HOEVEN, conferees from the Committee on Transpor- Managers on the Part of the Senate. debated yesterday and on which fur- tation and Infrastructure for consideration From the Committee on Transportation and ther proceedings were postponed. of the House bill (except section 141) and the Infrastructure, for consideration of the Senate amendment (except secs. 1801, 40102, House bill (except section 141) and the Sen- f 40201, 40202, 40204, 40205, 40305, 40307, 40309, ate amendment (except secs. 1801, 40102, 40312, 100112, 100114, and 100116), and modifica- 40201, 40202, 40204, 40205, 40305, 40307, 40309– tions committed to conference: 40312, 100112–100114, and 100116), and modifica- RECESS JOHN MICA, tions committed to conference: The SPEAKER pro tempore. Pursu- DON YOUNG, JOHN L. MICA, ant to clause 12(a) of rule I, the Chair JOHN DUNCAN, DON YOUNG, declares the House in recess subject to BILL SHUSTER, JOHN J. DUNCAN, JR. SHELLEY MOORE CAPITO, BILL SHUSTER, the call of the Chair. RICK CRAWFORD, SHELLEY MOORE CAPITO, Accordingly (at 7 o’clock and 24 min- JAIME HERRERA BEUTLER, ERIC A. ‘‘RICK’’ CRAWFORD, utes p.m.), the House stood in recess.

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00443 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H4602 CONGRESSIONAL RECORD — HOUSE June 28, 2012 b 2304 ting the Agency’s final rule — Prudential six-month periodic report on the national Management and Operations Standards (RIN: emergency with respect to North Korea that AFTER RECESS 2590-AA13) received June 8, 2012, pursuant to was declared in Executive Order 13466 of The recess having expired, the House 5 U.S.C. 801(a)(1)(A); to the Committee on Fi- June 26, 2008; to the Committee on Foreign was called to order by the Speaker pro nancial Services. Affairs. 6701. A letter from the Director, Regu- 6709. A letter from the Assistant Director tempore (Mr. NUGENT) at 11 o’clock and latory Management Division, Environmental for the Legislative Affairs, Consumer Finan- 4 minutes p.m. Protection Agency, transmitting the Agen- cial Protection Bureau, transmitting the f cy’s final rule — Idaho: Final Authorization semiannual report on the activities of the of State Hazardous Waste Management Pro- Office of Inspector General for the period Oc- REPORT ON RESOLUTION PRO- gram; Revision [EPR-R10-RCRA-2011-0973; tober 1, 2011 to March 31, 2012; to the Com- VIDING FOR CONSIDERATION OF FRL-9684-6] received June 8, 2012, pursuant to mittee on Oversight and Government Re- H.R. 5856, DEPARTMENT OF DE- 5 U.S.C. 801(a)(1)(A); to the Committee on form. FENSE APPROPRIATIONS ACT, Energy and Commerce. 6710. A letter from the Acting Chairman, 2013; PROVIDING FOR CONSIDER- 6702. A letter from the Director, Regu- Federal Deposit Insurance Corporation, latory Management Division, Environmental transmitting in accordance with the provi- ATION OF H.R. 6020, FINANCIAL Protection Agency, transmitting the Agen- sions of section 17(a) of the Federal Deposit SERVICES AND GENERAL GOV- cy’s final rule — Air Quality Designations Insurance Act, the Chief Financial Officers ERNMENT APPROPRIATIONS ACT, for the 2008 Ozone National Ambient Air Act of 1990, Pub. L. 101–576, and the Govern- 2013; AND PROVIDING FOR CON- Quality Standards for Several Counties in ment Performance and Results Act of 1993, SIDERATION OF CONFERENCE Illinios, Indiana, and Wisconsin; Corrections the Corporation’s 2011 Annual Report; to the REPORT ON H.R. 4348, MOVING to Inadvertent Errors in Prior Designations Committee on Oversight and Government AHEAD FOR PROGRESS IN THE [EPA-HQ-OAR-2008-0476; FRL-9682-2] (RIN: Reform. 6711. A letter from the Chairman, National 21ST CENTURY ACT 2060-AR56) received June 8, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Endowment of the Arts, transmitting the Mr. WEBSTER, from the Committee Energy and Commerce. Semiannual Report of the Inspector General on Rules, submitted a privileged report 6703. A letter from the Director, Regu- and the Semiannual Report on Final Action (Rept. No. 112–558) on the resolution (H. latory Management Division, Environmental Resulting from Audit Reports, Inspection Res. 717) providing for consideration of Protection Agency, transmitting the Agen- Reports, and Evaluation Reports for the pe- cy’s final rule — Approval and Promulgation riod October 1, 2011 through March 31, 2012; the bill (H.R. 5856) making appropria- of Implementation Plans; State of Florida: to the Committee on Oversight and Govern- tions for the Department of Defense for New Source Review Prevention of Signifi- ment Reform. the fiscal year ending September 30, cant Deterioration: Nitrogen Oxides as a 6712. A letter from the Chairman, National 2013, and for other purposes; providing Precursor to Ozone [EPA-R04-OAR-2012-0166; Labor Relations Board, transmitting the for consideration of the bill (H.R. 6020) FRL-9687-1] received June 8, 2012, pursuant to Board’s semiannual report from the office of making appropriations for financial 5 U.S.C. 801(a)(1)(A); to the Committee on the Inspector General for the period October services and general government for Energy and Commerce. 1, 2011 through March 31, 2012; to the Com- 6704. A letter from the Director, Regu- the fiscal year ending September 30, mittee on Oversight and Government Re- latory Management Division, Environmental form. 2013, and for other purposes; and pro- Protection Agency, transmitting the Agen- 6713. A letter from the Senior Program An- viding for consideration of the con- cy’s final rule — Approval of Air Quality Im- alyst, Department of Transportation, trans- ference report to accompany the bill plementation Plans; Wisconsin; Disapproval mitting the Department’s final rule — Oper- (H.R. 4348) to provide an extension of of ‘‘Infrastructure’’ SIP with respect to Ox- ations In Class D Airspace [Docket No.: Federal-aid highway, highway safety, ides of Nitrogen as a Precursor to Ozone Pro- FAA-2011-1396] (RIN: 2120-AK10) received motor carrier safety, transit, and other visions and New Source Review Exemptions June 8, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); programs funded out of the Highway for Fuel Changes as Major Modifications for to the Committee on Transportation and In- the 1997 8-hour Ozone and 24-hour PM2.5 frastructure. Trust Fund pending enactment of a NAAQS [EPA-R05-OAR-2007-1179; FRL-9685-7] 6714. A letter from the Senior Program An- multiyear law reauthorizing such pro- received June 8, 2012, pursuant to 5 U.S.C. alyst, Department of Transportation, trans- grams, and for other purposes, which 801(a)(1)(A); to the Committee on Energy and mitting the Department’s final rule — was referred to the House Calendar and Commerce. Standard Instrument Approach Procedures, ordered to be printed. 6705. A letter from the Director, Regu- and Takeoff Minimums and Obstacle Depar- latory Management Division, Environmental ture Procedures; Miscellaneous Amendments f Protection Agency, transmitting the Agen- [Docket No.: 30839; Amdt. No. 3476] received ADJOURNMENT cy’s final rule — Approval and Promulgation June 8, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); of Implementation Plans and Operating Per- to the Committee on Transportation and In- Mr. WEBSTER. Mr. Speaker, I move mits Program; Commonwealth of Puerto frastructure. that the House do now adjourn. Rico; Administrative Changes [EPA-R02- 6715. A letter from the Senior Program An- The motion was agreed to; accord- OAR-2012-0032; FRL-9675-1] received June 8, alyst, Department of Transportation, trans- ingly (at 11 o’clock and 5 minutes 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the mitting the Department’s final rule — p.m.), the House adjourned until to- Committee on Energy and Commerce. Amendment of Area Navigation (RNAV) 6706. A letter from the Assistant Legal Ad- morrow, Friday, June 29, 2012, at 9 a.m. Route Q-130; UT [Docket No.: FAA-2012-0438; viser for Treaty Affairs, Department of Airspace Docket No. 11-AWP-20] received f State, transmitting report prepared by the June 8, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); Department of State concerning inter- to the Committee on Transportation and In- EXECUTIVE COMMUNICATIONS, national agreements other than treaties en- frastructure. ETC. tered into by the United States to be trans- 6716. A letter from the Senior Program An- Under clause 2 of rule XIV, executive mitted to the Congress within the sixty-day alyst, Department of Transportation, trans- communications were taken from the period specified in the Case-Zablocki Act; to mitting the Department’s final rule — the Committee on Foreign Affairs. Amendment of Restricted Area R-2101; An- Speaker’s table and referred as follows: 6707. A letter from the Secretary, Depart- niston Army Depot, AL [Docket No.: FAA- 6698. A letter from the Secretary, Air ment of the Treasury, transmitting as re- 2012-0510; Airspace Docket No. 12-ASO-17] Force, Department of Defense, transmitting quired by section 401(c) of the National (RIN: 2120-AA66) received June 8, 2012, pursu- the 2011 Military Working Dog Disposition Emergencies Act, 50 U.S.C. 1641(c), and sec- ant to 5 U.S.C. 801(a)(1)(A); to the Committee Report; to the Committee on Armed Serv- tion 204(c) of the International Emergency on Transportation and Infrastructure. ices. Economic Powers Act, 50 U.S.C. 1703(c), and 6717. A letter from the Senior Program An- 6699. A letter from the Acting Under Sec- pursuant to Executive Order 13313 of July 31, alyst, Department of Transportation, trans- retary, Department of Defense, transmitting 2003, a six-month periodic report on the na- mitting the Department’s final rule — Cus- a report identifying, for each of the Armed tional emergency with respect to the West- toms Broker Recordkeeping Requirements forces (other than the Coast Guard) and each ern Balkans that was declared in Executive Regarding Location and Method of Record Defense Agency, the percentage of funds that Order 13219 of June 26, 2001; to the Com- Retention [USCBP-2009-0019] (RIN: 1515- were expended duing the preceding fiscal mittee on Foreign Affairs. AD66) (formerly RIN: 1505-AC12) received year for performance of depot-level mainte- 6708. A letter from the Secretary, Depart- June 8, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); nance and repair workloads by the public ment of the Treasury, transmitting as re- to the Committee on Ways and Means. and private sectors; to the Committee on quired by section 401(c) of the National 6718. A letter from the Chief, Publications Armed Services. Emergencies Act, 50 U.S.C. 1641(c), and sec- and Regulations Branch, Internal Revenue 6700. A letter from the General Counsel, tion 204(c) of the International Emergency Service, transmitting the Service’s final rule Federal Housing Finance Agency, transmit- Economic Powers Act, 50 U.S.C. 1703(c), a — Update of Weighted Average Interest

VerDate Mar 15 2010 02:00 Jul 03, 2012 Jkt 079060 PO 00000 Frm 00444 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H28JN2.REC H28JN2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE June 28, 2012 CONGRESSIONAL RECORD — HOUSE H4603 Rates, Yield Curves, and Segment Rates [No- PUBLIC BILLS AND RESOLUTIONS tion and assistance, and for other purposes; tice 2012-43] received June 11, 2012, pursuant to the Committee on Ways and Means, and in to 5 U.S.C. 801(a)(1)(A); to the Committee on Under clause 2 of rule XII, public addition to the Committee on Financial Ways and Means. bills and resolutions of the following Services, for a period to be subsequently de- 6719. A letter from the Chief, Publications titles were introduced and severally re- termined by the Speaker, in each case for and Regulations Branch, Internal Revenue ferred, as follows: consideration of such provisions as fall with- Service, transmitting the Service’s final rule By Mr. FLAKE: in the jurisdiction of the committee con- — Extension of Relief and Procedures Under H.R. 6047. A bill to amend the renewable cerned. Notice 2010-30 and Notice 2011-16 for Spouses fuel program under section 211(o) of the By Mrs. BONO MACK: of U.S. Servicemembers Who are Working In Clean Air Act to require the cellulosic H.R. 6051. A bill to amend certain provi- or Claiming Residence or Domicile In a U.S. biofuel requirement to be based on actual sions of title 49, United States Code, relating Territory Under the Military Spouses Resi- production; to the Committee on Energy and to motor vehicle safety, and for other pur- dency Relief Act [Notice 2012-4113] received Commerce. poses; to the Committee on Energy and Com- June 11, 2012, pursuant to 5 U.S.C. By Mr. TURNER of Ohio (for himself, merce. By Mr. GRAVES of Missouri (for him- 801(a)(1)(A); to the Committee on Ways and Mrs. MILLER of Michigan, Mr. WHIT- self, Mr. JONES, Mr. WESTMORELAND, Means. FIELD, Mrs. HARTZLER, Mr. TIBERI, Mr. LONG, Mr. WOLF, and Mrs. 6720. A letter from the Chief, Publications Mr. JOHNSON of Ohio, Mr. FRANKS of HARTZLER): and Regulations Branch, Internal Revenue Arizona, Mr. AKIN, Mr. GOHMERT, Mr. H.R. 6052. A bill to prohibit the use of funds Service, transmitting the Service’s final rule NUNNELEE, Mr. PALAZZO, Mr. CON- for the rule entitled ‘‘Provisional Unlawful — Substantial Business Activities [TD 9592] AWAY, Mr. GOWDY, Mr. CRENSHAW, Mr. Presence Waivers of Inadmissibility for Cer- (RIN: 1545-BK86) received June 11, 2012, pur- LAMBORN, Mr. CHAFFETZ, Mr. BROOKS, tain Immediate Relatives’’ published by the suant to 5 U.S.C. 801(a)(1)(A); to the Com- Mr. STUTZMAN, Mr. ROKITA, Mr. PRICE Department of Homeland Security on April mittee on Ways and Means. of Georgia, Mr. LANKFORD, Mr. ALEX- 2, 2012 (77 Fed. Reg. 19902); to the Committee 6721. A letter from the Chief, Publications ANDER, Mrs. BONO MACK, Mr. MACK, on the Judiciary. and Regulations Branch, Internal Revenue Mr. MARCHANT, Mr. NUNES, Mr. Service, transmitting the Service’s final rule By Mr. MACK: COBLE, Mr. BARTON of Texas, Mr. H.R. 6053. A bill to repeal the provisions of — Surrogate Foreign Corporations [TD 9591] WOMACK, Mr. SENSENBRENNER, Mr. (RIN: 1545-BF47) received June 11, 2011, pur- the Patient Protection and Affordable Care COFFMAN of Colorado, Mr. TERRY, Mr. Act and the health-related provisions of the suant to 5 U.S.C. 801(a)(1)(A); to the Com- PITTS, Mr. MICA, Mr. BUCHANAN, Mr. mittee on Ways and Means. Health Care and Education Reconciliation KELLY, Mr. FITZPATRICK, Mr. LANCE, Act of 2010 not declared unconstitutional by Mrs. BIGGERT, Mr. POE of Texas, Mr. f the Supreme Court; to the Committee on En- MCCAUL, Mr. SOUTHERLAND, Mr. ergy and Commerce, and in addition to the LOBIONDO, Mr. HARRIS, Mr. WALBERG, Committees on Ways and Means, Education REPORTS OF COMMITTEES ON Mr. LUETKEMEYER, Mr. HASTINGS of PUBLIC BILLS AND RESOLUTIONS and the Workforce, the Judiciary, Natural Washington, Mr. LABRADOR, Mr. CUL- Resources, House Administration, Appro- Under clause 2 of rule XIII, reports of BERSON, Mr. ROGERS of Kentucky, Mr. priations, and Rules, for a period to be subse- committees were delivered to the Clerk CAMPBELL, Mr. HARPER, Mr. CANSECO, quently determined by the Speaker, in each Mr. ISSA, Mr. FARENTHOLD, Mr. case for consideration of such provisions as for printing and reference to the proper FLAKE, Mr. BRADY of Texas, Mrs. calendar, as follows: fall within the jurisdiction of the committee BLACKBURN, Mr. CRAWFORD, Mr. concerned. Mr. GRAVES of Missouri: Committee on POMPEO, Mr. YOUNG of Indiana, Mr. By Mr. MACK: Small business. Semiannual Report on the SCHILLING, Mr. SCHOCK, Mr. DUFFY, H.R. 6054. A bill to prohibit funding to im- Activity of the Committee on Small business Mrs. ELLMERS, Mr. THORNBERRY, Mr. plement any provision of the Patient Protec- during the 112th Congress (Rept. 112–554). Re- GINGREY of Georgia, Mr. COLE, Mr. tion and Affordable Care Act or of the ferred to the Committee of the Whole House BILBRAY, Mr. BONNER, Mr. LATTA, Mr. health-related provisions of the Health Care on the State of the Union. GERLACH, Mr. MCKEON, Mr. BART- and Education Reconciliation Act of 2010; to Mr. HALL: Committee on Science, Space, LETT, Mr. GARRETT, Mr. BASS of New the Committee on Energy and Commerce, and Technology. Third Semiannual Report of Hampshire, Mr. CASSIDY, Mr. YODER, and in addition to the Committees on Ways Activities of the Committee on Science, Mrs. ROBY, Mr. TURNER of New York, and Means, Education and the Workforce, Space, and Technology for the 112th Con- Mrs. SCHMIDT, Mr. SMITH of New Jer- the Judiciary, Natural Resources, and House gress (Rept. 112–555). Referred to the Com- sey, Mrs. MCMORRIS RODGERS, Mr. Administration, for a period to be subse- mittee of the Whole House on the State of MANZULLO, Mr. GARY G. MILLER of quently determined by the Speaker, in each the Union. California, Mr. DIAZ-BALART, Mr. case for consideration of such provisions as Mr. CAMP: Committee on Ways and MURPHY of Pennsylvania, Mr. STIV- fall within the jurisdiction of the committee Means. Report on the Legislative and Over- ERS, Mr. STEARNS, Mr. SHUSTER, Mr. concerned. sight Activities of the Committee on Ways BROUN of Georgia, Mr. WEST, Mr. By Mr. REYES (for himself, Mr. and Means during the 112th Congress (Rept. KINGSTON, Mr. SHIMKUS, Mr. WEST- CANSECO, Mr. HINOJOSA, Mrs. DAVIS of 112–556). Referred to the Committee of the MORELAND, Mr. WITTMAN, Mr. California, and Mr. GENE GREEN of Whole House on the State of the Union. SCHWEIKERT, Mr. CHABOT, Mr. ROHR- Texas): Mr. MICA: Committee of Conference. Con- ABACHER, Mr. CARTER, Mr. DUNCAN of H.R. 6055. A bill to authorize the Commis- ference report on H.R. 4348. A bill to provide Tennessee, Mr. BILIRAKIS, Ms. sioner of U.S. Customs and Border Protec- an extension of Federal-aid highway, high- BUERKLE, Mr. ROONEY, Mr. HECK, Mr. tion to enter into reimbursable fee agree- way safety, motor carrier safety, transit, HUNTER, Mrs. BACHMANN, Mr. POSEY, ments for the provision of customs services, and other programs funded out of the High- Mr. WILSON of South Carolina, Mr. and for other purposes; to the Committee on way Trust Fund pending enactment of a NUGENT, Mr. BISHOP of Utah, Mr. Ways and Means, and in addition to the Com- multiyear law reauthorizing such programs, PEARCE, Mr. MILLER of Florida, Mr. mittee on the Judiciary, for a period to be and for other purposes (Rept. 112–557). Or- FORBES, Mr. KINZINGER of Illinois, subsequently determined by the Speaker, in dered to be printed. Mr. LATOURETTE, Mr. SIMPSON, and each case for consideration of such provi- Mr. WEBSTER: Committee on Rules. Mrs. EMERSON): sions as fall within the jurisdiction of the House Resolution 717. Resolution providing H.R. 6048. A bill to amend the Internal Rev- committee concerned. for consideration of the bill (H.R. 5856) mak- enue Code of 1986 to repeal the individual and By Mr. STIVERS (for himself and Mr. ing appropriations for the Department of De- employer health insurance mandates; to the YARMUTH): fense for the fiscal year ending September 30, Committee on Ways and Means. H.R. 6056. A bill to amend the Internal Rev- 2013, and for other purposes; providing for By Mr. FILNER: enue Code of 1986 to extend the energy effi- consideration of the bill (H.R. 6020) making H.R. 6049. A bill to grant a right of first re- cient appliance credit; to the Committee on appropriations for financial services and gen- fusal to the La Jolla Historical Society with Ways and Means. eral government for the fiscal year ending respect to the sale of the La Jolla Post Of- By Mr. MICA: September 30, 2013, and for other purposes; fice; to the Committee on Oversight and H.R. 6057. A bill to provide an extension of and providing for consideration of the con- Government Reform. Federal-aid highway, highway safety, motor ference report to accompany the bill (H.R. By Mr. BECERRA (for himself, Mr. carrier safety, transit, and other programs 4348) to provide an extension of Federal-aid RANGEL, Mr. STARK, Mr. MCDERMOTT, funded out of the Highway Trust Fund pend- highway, highway safety, motor carrier safe- Mr. LEWIS of Georgia, Mr. BISHOP of ing enactment of a multiyear law reauthor- ty, transit, and other programs funded out of New York, Mr. HONDA, Ms. NORTON, izing such programs; to the Committee on the Highway Trust Fund pending enactment Ms. BROWN of Florida, and Mr. FIL- Transportation and Infrastructure, and in of a multiyear law reauthorizing such pro- NER): addition to the Committees on Ways and grams, and for other purposes (Rept. 112–558). H.R. 6050. A bill to amend the Internal Rev- Means, Natural Resources, Science, Space, Referred to the House Calendar. enue Code of 1986 to provide taxpayer protec- and Technology, and Energy and Commerce,

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for a period to be subsequently determined toric Site; to the Committee on Natural Re- lina, Mr. WOMACK, Mr. WOODALL, Mr. by the Speaker, in each case for consider- sources. YODER, Mr. YOUNG of Florida, Mr. ation of such provisions as fall within the ju- By Mr. SESSIONS (for himself, Mr. YOUNG of Indiana, Mr. ANDREWS, Mr. risdiction of the committee concerned. BUCHANAN, Ms. BUERKLE, Mr. STUTZMAN, Mrs. BONO MACK, Mr. By Mr. MICA: BUCSHON, Mr. CALVERT, Mr. CANSECO, BROOKS, and Mr. REHBERG): H.R. 6058. A bill to provide an extension of Mrs. CAPITO, Mr. CARTER, Mr. CAS- H. Res. 716. A resolution expressing support Federal-aid highway, highway safety, motor SIDY, Ms. CASTOR of Florida, Mr. for designation of August 1, 2012, as ‘‘Na- carrier safety, transit, and other programs CHABOT, Mr. CHAFFETZ, Mr. COBLE, tional Eagle Scout Day’’; to the Committee funded out of the Highway Trust Fund pend- Mr. COFFMAN of Colorado, Mr. COLE, on Oversight and Government Reform. ing enactment of a multiyear law reauthor- Mr. CONAWAY, Mr. COSTELLO, Mr. f izing such programs; to the Committee on CRAVAACK, Mr. CRAWFORD, Mr. CREN- Transportation and Infrastructure, and in SHAW, Mr. CULBERSON, Mr. BURGESS, MEMORIALS addition to the Committees on Natural Re- Mr. DENT, Mr. DIAZ-BALART, Mr. Under clause 4 of rule XXII, memo- sources, and Science, Space, and Technology, DOLD, Mr. DUFFY, Mrs. ELLMERS, for a period to be subsequently determined Mrs. EMERSON, Mr. FARENTHOLD, Mr. rials were presented and referred as fol- by the Speaker, in each case for consider- FLAKE, Mr. FLEISCHMANN, Mr. FLEM- lows: ation of such provisions as fall within the ju- ING, Mr. FORBES, Mr. FORTENBERRY, 235. The SPEAKER presented a memorial risdiction of the committee concerned. Ms. FOXX, Mr. FRANKS of Arizona, of the House of Representatives of the State By Mr. CANSECO (for himself, Mr. Mr. FRELINGHUYSEN, Mr. GARDNER, of Michigan, relative to House Resolution HINOJOSA, Mr. POSEY, Mr. CUELLAR, Mr. GARRETT, Mr. GERLACH, Mr. STIV- No. 215 urging the Congress to reconsider the Mr. WESTMORELAND, Mr. DIAZ- ERS, Mr. SAM JOHNSON of Texas, Mr. recommendations of the 2012 Air Force BALART, and Mr. SESSIONS): BARTON of Texas, Mr. MCCAUL, Mr. Structure Change Report; to the Committee H.J. Res. 113. A joint resolution providing FLORES, Mr. NEUGEBAUER, Mr. ROE of on Armed Services. for congressional disapproval under chapter 8 Tennessee, Mr. GOHMERT, Mr. 236. Also, a memorial of the House of Rep- of title 5, United States Code, of the rules FITZPATRICK, Mr. ADERHOLT, Mr. resentatives of the State of Hawaii, relative submitted by the Department of the Treas- CUELLAR, Mr. GRIFFIN of Arkansas, to House Resolution No. 167 urging the ury and the Internal Revenue Service relat- Mr. CAPUANO, Mr. JOHNSON of Illinois, Armed Forces Committee and Subcomittee ing to the reporting requirements for inter- Mr. SENSENBRENNER, Mr. PALAZZO, on Military Personnel to act favorably on est that relates to deposits maintained at Mr. LANDRY, Mr. BOUSTANY, Mr. H.R. 2148; to the Committee on Armed Serv- United States offices of certain financial in- GALLEGLY, Mr. MCKEON, Mrs. BACH- ices. stitutions and is paid to certain nonresident MANN, Mr. UPTON, Mr. CAMP, Mr. 237. Also, a memorial of the House of Rep- alien individuals; to the Committee on Ways HEINRICH, Mr. DREIER, Mr. AMODEI, and Means. resentatives of the State of Louisiana, rel- Mr. AUSTRIA, Mr. BACHUS, Mr. ative to House Concurrent Resolution No. 11 By Mr. ISSA: BENISHEK, Mr. BERG, Mrs. BIGGERT, H. Res. 711. A resolution recommending memorializing the Congress to defund and Mr. BILBRAY, Mr. BILIRAKIS, Mr. that the House of Representatives find Eric appropriate no future funding to Planned BISHOP of Utah, Mrs. BLACK, Mrs. H. Holder, Jr., Attorney General, U.S. De- Parenthood; to the Committee on Energy BLACKBURN, Mr. BONNER, Mr. BOREN, partment of Justice, in contempt of Congress and Commerce. Mr. BROUN of Georgia, Mr. TERRY, for refusal to comply with a subpoena duly 238. Also, a memorial of the Senate of the Mr. THOMPSON of Pennsylvania, Mr. issued by the Committee on Oversight and State of Louisiana, relative to Senate Con- THORNBERRY, Mr. TIBERI, Mr. TIPTON, Government Reform; considered and agreed current Resolution No. 73 urging the Presi- Mr. WALDEN, Mr. WALSH of Illinois, to. dent and the Congress to maintain steadfast Mr. WALZ of Minnesota, Mr. WAXMAN, By Ms. JACKSON LEE of Texas (for support for the State of Israel; to the Com- Mr. WEBSTER, Mr. WEST, Mr. WEST- herself, Mr. CONNOLLY of Virginia, mittee on Foreign Affairs. MORELAND, Mr. WHITFIELD, Mr. MUR- Mr. JOHNSON of Georgia, Ms. BROWN 239. Also, a memorial of the House of Rep- PHY of Pennsylvania, Mr. NUGENT, of Florida, Mrs. MALONEY, Mr. DAVIS resentatives of the State of Louisiana, rel- Mr. NUNNELEE, Mr. OLSON, Mr. of Illinois, and Mr. RANGEL): ative to House Concurrent Resolution No. 42 PEARCE, Mr. PITTS, Mr. POMPEO, Mr. H. Res. 712. A resolution recommending memorializing the Congress to take such ac- POSEY, Mr. PRICE of Georgia, Mr. that the Speaker of the House of Representa- tions as are necessary to encourage and en- QUAYLE, Mr. REICHERT, Mr. RENACCI, tives not move to proceed to the considerable the United States Army Corps of Engi- Mr. RIBBLE, Mr. RIGELL, Mr. RIVERA, ation of the House Resolution finding Eric H. neers to expedite their wetlands permitting Mrs. ROBY, Mr. ROGERS of Alabama, Holder, Jr., Attorney General, U.S. Depart- process; to the Committee on Transportation Mr. ROGERS of Michigan, Mr. ROHR- ment of Justice, in contempt of Congress and Infrastructure. ABACHER, Mr. ROKITA, Mr. ROSKAM, pursuant to the report of the Committee on 240. Also, a memorial of the House of Rep- Ms. ROS-LEHTINEN, Mr. ROSS of Flor- Oversight and Government Reform; to the resentatives of the State of Louisiana, rel- ida, Mr. ROYCE, Mr. RUNYAN, Mr. Committee on Rules. ative to House Concurrent Resolution No. 7 RUPPERSBERGER, Mr. RYAN of Wis- By Mr. HASTINGS of Florida: memorializing the Congress to take such ac- consin, Mr. SCHILLING, Mrs. SCHMIDT, H. Res. 713. A resolution expressing support tions as necessary to assist the the Mr. SCHOCK, Mr. AUSTIN SCOTT of for the XIX International AIDS Conference Vermilion Parish Police Jury; to the Com- Georgia, Mr. SERRANO, Mr. SHIMKUS, (AIDS 2012) and the sense of the House of mittee on Transportation and Infrastruc- Mr. SHULER, Mr. SHUSTER, Mr. SIMP- Representatives that continued commitment ture. SON, Mr. SMITH of Nebraska, Mr. by the United States to HIV/AIDS research, f prevention, and treatment programs is cru- SMITH of New Jersey, Mr. SMITH of cial to protecting global health; to the Com- Texas, Mr. SOUTHERLAND, Mr. HER- CONSTITUTIONAL AUTHORITY mittee on Foreign Affairs, and in addition to GER, Ms. HERRERA BEUTLER, Mr. STATEMENT the Committee on Energy and Commerce, for HUELSKAMP, Mr. HUIZENGA of Michi- a period to be subsequently determined by gan, Mr. HUNTER, Mr. HURT, Mr. ISSA, Pursuant to clause 7 of rule XII of the Speaker, in each case for consideration Mr. JOHNSON of Ohio, Mr. JORDAN, the Rules of the House of Representa- of such provisions as fall within the jurisdic- Mr. KELLY, Mr. KING of Iowa, Mr. tives, the following statements are sub- tion of the committee concerned. KING of New York, Mr. KINGSTON, Mr. mitted regarding the specific powers By Mr. BERMAN (for himself and Mr. KINZINGER of Illinois, Mr. KLINE, Mr. granted to Congress in the Constitu- KEATING): LABRADOR, Mr. LANCE, Mr. LANKFORD, Mr. LATHAM, Mr. LATOU- tion to enact the accompanying bill or H. Res. 714. A resolution expressing support joint resolution. to end commercial whaling in all of its forms RETTE, Mr. LATTA, Mr. LUETKEMEYER, and to strengthen measures to conserve Mr. LIPINSKI, Mr. LOBIONDO, Mr. By Mr. FLAKE: whale populations; to the Committee on For- LUCAS, Mrs. LUMMIS, Mr. MACK, Mr. H.R. 6047. eign Affairs, and in addition to the Com- MANZULLO, Mr. MARCHANT, Mr. Congress has the power to enact this legis- mittee on Natural Resources, for a period to MARINO, Mr. MCCARTHY of California, lation pursuant to the following: be subsequently determined by the Speaker, Mr. MCCLINTOCK, Mr. MCCOTTER, Mr. Article I, Section 8 in each case for consideration of such provi- MCDERMOTT, Mr. MCHENRY, Mr. MEE- By Mr. TURNER of Ohio: sions as fall within the jurisdiction of the HAN, Mr. MICA, Mr. MILLER of Flor- H.R. 6048. committee concerned. ida, Mr. MORAN, Mr. MULVANEY, Mr. Congress has the power to enact this legis- By Mr. KING of New York (for himself, GIBBS, Mr. GIBSON, Mr. GOSAR, Mr. lation pursuant to the following: Mr. ISRAEL, Mr. ACKERMAN, Mr. HIN- GOWDY, Ms. GRANGER, Mr. GRAVES of Article I, Section, 8, Clause 1 of the U.S. CHEY, Mr. TURNER of New York, Mr. Missouri, Mr. GRAVES of Georgia, Mr. Constitution, as the Supreme Court of the RANGEL, Mrs. MCCARTHY of New GRIMM, Mr. GUTHRIE, Mr. HALL, Mr. United States has held that the imposition York, and Mr. BISHOP of New York): HARRIS, Mr. HASTINGS of Washington, of the burdensome mandate on hardworking H. Res. 715. A resolution celebrating the Ms. HAYWORTH, Mr. HECK, Mr. HEN- American taxpayers is an action Congress 50th anniversary of the Sagamore Hill His- SARLING, Mr. WILSON of South Caro- may take under its power to tax, and that

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this bill seeks to repeal sections of title 26 clusive Right to their respective Writings H.R. 23: Mr. LEWIS of Georgia and Mr. U.S.C., the Internal Revenue Code. and Discoveries; LIPINSKI. By Mr. FILNER: Clause 9: To constitute Tribunals inferior H.R. 718: Mr. TURNER of New York. H.R. 6049. to the supreme Court; H.R. 719: Mr. BRALEY of Iowa. Congress has the power to enact this legis- Clause 10: To define and punish Piracies H.R. 733: Mr. CHAFFETZ, Mr. WHITFIELD, lation pursuant to the following: and Felonies committed on the high Seas, and Mr. BROOKS. The constitutional authority of Congress and Offences against the Law of Nations; H.R. 860: Mr. KELLY. to enact this legislation is provided by Arti- Clause 11: To declare War, grant Letters of H.R. 1117: Mr. SIMPSON. cle I, Section 8 of the United States Con- Marque and Reprisal, and make Rules con- H.R. 1219: Mr. LONG. stitution (Clauses 7 and 18), which grants cerning Captures on Land and Water; H.R. 1283: Mr. CHANDLER, Mr. TONKO, and Clause 12: To raise and support Armies, but Congress the power to establish Post Offices Mr. LAMBORN. no Appropriation of Money to that Use shall and post Roads and to make all laws nec- H.R. 1322: Mr. HINCHEY and Mr. HOLT. be for a longer Term than two Years; essary and proper to execute these powers. Clause 13: To provide and maintain a Navy; H.R. 1327: Mr. REHBERG, Mr. COLE, Mr. AUS- By Mr. BECERRA: Clause 14: To make Rules for the Govern- TIN SCOTT of Georgia, and Mr. MCGOVERN. H.R. 6050. ment and Regulation of the land and naval H.R. 1370: Mr. ROHRABACHER and Mr. Congress has the power to enact this legis- Forces; PEARCE. lation pursuant to the following: Clause 15: To provide for calling forth the H.R. 1464: Ms. ROS-LEHTINEN and Mr. The Congress enacts this bill pursuant to Militia to execute the Laws of the Union, STARK. Clause 1 of Section 8 of Article I of the suppress Insurrections and repel Invasions; H.R. 1475: Mr. VAN HOLLEN. United States Constitution and Amendment Clause 16: To provide for organizing, arm- H.R. 1506: Mr. TURNER of New York. XVI of the United States Constitution. ing, and disciplining, the Militia, and for H.R. 1549: Mr. BROUN of Georgia. By Mrs. BONO MACK: governing such Part of them as may be em- H.R. 1653: Mr. OLSON. H.R. 6051. ployed in the Service of the United States, H.R. 1675: Ms. HANABUSA, Mr. DUFFY, Ms. Congress has the power to enact this legis- reserving to the States respectively, the Ap- JENKINS, Mr. CAPUANO, and Ms. BALDWIN. lation pursuant to the following: pointment of the Officers, and the Authority H.R. 1956: Mr. GOHMERT, Mr. FLAKE, and Congress has the power to enact this legis- of training the Militia according to the dis- Mr. AUSTIN SCOTT of Georgia. lation pursuant to clause 3 of section 8 of ar- cipline prescribed by Congress; H.R. 2014: Mrs. CAPPS. ticle I of the Constitution. Clause 17: To exercise exclusive Legisla- H.R. 2069: Mr. SMITH of Washington. By Mr. GRAVES of Missouri: tion in all Cases whatsoever, over such Dis- H.R. 2108: Mr. LANCE. H.R. 6052. trict (not exceeding ten Miles square) as H.R. 2492: Mr. COFFMAN of Colorado. Congress has the power to enact this legis- may, by Cession of particular States, and the H.R. 2580: Mr. RUNYAN. lation pursuant to the following: Acceptance of Congress, become the Seat of H.R. 2655: Mr. GIBSON. Clause 4 of Section 8 of Article I of the the Government of the United States, and to H.R. 2698: Mr. ELLISON. Constitution, in creating the authority of exercise like Authority over all Places pur- H.R. 2866: Mr. RAHALL. the Congress, ‘‘To establish an uniform Rule chased by the Consent of the Legislature of H.R. 2969: Mr. PAULSEN and Mr. THOMPSON of Naturalization.’’ the State in which the Same shall be, for the of Mississippi. and Erection of Forts, Magazines, Arsenals, H.R. 3017: Mr. FARR. The 14th Amendment of the Constitution dock-Yards, and other needful Buildings;— H.R. 3146: Ms. HERRERA BEUTLER. stating that, ‘‘All persons born or natural- And H.R. 3187: Mr. CALVERT, Mr. SIMPSON, Mr. ized in the United States,’’ are, ‘‘citizens of Clause 18: To make all Laws which shall be BUCSHON, and Mr. UPTON. the United States and of the State wherein necessary and proper for carrying into Exe- H.R. 3269: Mr. MILLER of North Carolina, they reside.’’ cution the foregoing Powers, and all other Mr. LATOURETTE, and Mr. BARLETTA. By Mr. MACK: Powers vested by this Constitution in the H.R. 3343: Mr. GONZALEZ. H.R. 6053. Government of the United States, or in any H.R. 3458: Mr. JOHNSON of Illinois. Congress has the power to enact this legis- Department or Officer thereof. H.R. 3506: Ms. ROYBAL-ALLARD. lation pursuant to the following: By Mr. STIVERS: H.R. 3510: Mr. GRIFFIN of Arkansas and Mr. H.R. 6056. Clause 1 of Section 8 of Article I of the LOBIONDO. Congress has the power to enact this legis- United States Constitution. H.R. 3511: Mr. NUNNELEE. lation pursuant to the following: By Mr. MACK: Clause 1, Section 8 of Article 1 of the H.R. 3591: Ms. KAPTUR and Mr. FATTAH. H.R. 6054. United States Constitution which reads: H.R. 3612: Ms. JACKSON LEE of Texas. Congress has the power to enact this legis- ‘‘The Congress shall have Power to lay and H.R. 3627: Mr. BARLETTA. lation pursuant to the following: collect Taxes, Duties, Imposts, and Excises, H.R. 3797: Mr. ANDREWS and Mr. SIRES. Clause 1 of Section 8 of Article I of the to pay the Debts, and provide for the com- H.R. 3798: Ms. RICHARDSON, Mr. DEUTCH, United States Constitution and Clause 7 of mon Defense and General Welfare of the Ms. ROYBAL-ALLARD, Ms. EDDIE BERNICE Section 9 of Article I of the United States United States; but all Duties and Imposts JOHNSON of Texas, and Mr. QUIGLEY. Constitution. and Excises shall be uniform throughout the H.R. 3803: Mr. BOREN and Mr. REED. By Mr. REYES: United States.’’ H.R. 3809: Mr. SIRES, Mr. LANCE, Mr. AN- H.R. 6055. By Mr. MICA: DREWS, and Mr. ROTHMAN of New Jersey. Congress has the power to enact this legis- H.R. 6057. H.R. 3819: Mr. QUAYLE, Mr. FLEMING, Mr. lation pursuant to the following: Congress has the power to enact this legis- NEUGEBAUER, Mr. DUNCAN of South Carolina, Article I, Section. 8. lation pursuant to the following: Mr. GRAVES of Georgia, Mr. MULVANEY, and Clause 1: The Congress shall have Power Article I, Section 8 of the United States Mr. GOHMERT. To lay and collect Taxes, Duties, Imposts Constitution, specifically Clause 1, Clause 3, H.R. 3860: Mr. MCDERMOTT. and Excises, to pay the Debts and provide for Clause 7, and Clause 18. H.R. 3861: Mr. WALBERG. the common Defence and general Welfare of By Mr. MICA: H.R. 3993: Mr. GENE GREEN of Texas. the United States; but all Duties, Imposts H.R. 6058. H.R. 4077: Mr. COLE. and Excises shall be uniform throughout the Congress has the power to enact this legis- H.R. 4155: Mrs. DAVIS of California. United States; lation pursuant to the following: H.R. 4290: Mr. HONDA and Mr. SMITH of Clause 2: To borrow Money on the credit of Article I, Section 8 of the United States Washington. the United States; Constitution, specifically Clause 1, Clause 3, H.R. 4305: Mr. CONNOLLY of Virginia and Clause 3: To regulate Commerce with for- Clause 7, and Clause 18. Mr. KISSELL. eign Nations, and among the several States, By Mr. CANSECO: H.R. 4367: Mr. COBLE, Mr. WITTMAN, Mr. and with the Indian Tribes; H.J. Res. 113. PENCE, Ms. FOXX, and Mr. PRICE of North Clause 4: To establish an uniform Rule of Congress has the power to enact this legis- Carolina. lation pursuant to the following: Naturalization, and uniform Laws on the H.R. 4373: Mr. MANZULLO and Mr. DAVIS of Congress has authority to enact this legis- subject of Bankruptcies throughout the Illinois. lation pursuant to Article I, Section 8, United States; H.R. 4643: Mr. SMITH of Washington. Clause 3 of the constitution. Should this IRS Clause 5: To coin Money, regulate the H.R. 4965: Mr. POE of Texas and Mr. KING of rule go into effect, commerce will likely be Value thereof, and of foreign Coin, and fix Iowa. significantly impacted as deposits are pulled the Standard of Weights and Measures; H.R. 5186: Ms. PINGREE of Maine. from U.S. financial institutions, thereby de- Clause 6: To provide for the Punishment of H.R. 5542: Mr. TONKO. creasing capital available for lending. counterfeiting the Securities and current H.R. 5707: Ms. RICHARDSON and Mr. COHEN. Coin of the United States; f H.R. 5719: Mr. KUCINICH. Clause 7: To establish Post Offices and post ADDITIONAL SPONSORS H.R. 5787: Ms. DELAURO. Roads; H.R. 5796: Mr. SHERMAN. Clause 8: To promote the Progress of Under clause 7 of rule XII, sponsors H.R. 5817: Mr. LONG. Science and useful Arts, by securing for lim- were added to public bills and resolu- H.R. 5822: Mr. POE of Texas. ited Times to Authors and Inventors the ex- tions as follows: H.R. 5848: Mr. HIMES.

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H.R. 5850: Mrs. MALONEY. H. J. Res. 90: Mr. STARK, Mr. CICILLINE, and nesota, Mr. COHEN, Ms. CHU, Ms. SCHA- H.R. 5851: Mr. HONDA. Mr. SMITH of Washington. KOWSKY, Ms. VELA´ ZQUEZ, Mr. LEWIS of Geor- H.R. 5910: Mr. REICHERT. H. Con. Res. 119: Ms. SCHAKOWSKY. gia, Mr. CLEAVER, Mr. LARSON of Con- H.R. 5911: Mr. PAULSEN. H. Con. Res. 127: Mr. FORBES and Mr. SCOTT necticut, Mr. GENE GREEN of Texas, Mr. H.R. 5912: Mr. RIBBLE. of South Carolina. CROWLEY, Ms. SLAUGHTER, Mr. KEATING, Mr. H.R. 5943: Mr. THOMPSON of Pennsylvania. H. Con. Res. 129: Ms. GRANGER, Mr. COLE, H.R. 5948: Mr. STIVERS. Mr. STIVERS, Mr. CALVERT, Mr. BERG, Mr. BRADY of Pennsylvania, Mr. MARKEY, Mr. H.R. 5952: Mrs. LUMMIS and Mr. POSEY. GARAMENDI, and Mr. GIBSON. PALLONE, Mr. QUIGLEY, Mr. TOWNS, Mr. LAN- H.R. 5953: Mrs. MYRICK and Mr. HUNTER. H. Res. 144: Mr. CLAY. GEVIN, Mr. DICKS, Mr. OLVER, Mr. PERL- H.R. 5955: Mr. COSTELLO. H. Res. 367: Mr. MILLER of Florida. MUTTER, Mr. RAHALL, Mr. DOYLE, Mr. THOMP- H. Res. 609: Mr. CONNOLLY of Virginia. H.R. 5963: Mr. FRANKS of Arizona, Mr. SON of California, Mr. DEUTCH, Mr. SCOTT of PAULSEN, Mr. AKIN, and Mr. POSEY. H. Res. 618: Ms. MCCOLLUM, Mr. COHEN, Mr. Virginia, Mr. WELCH, Ms. SUTTON, Ms. H.R. 5969: Mr. ROSS of Florida and Mrs. SABLAN, Mr. WOLF, Mrs. SCHMIDT, and Mr. BONAMICI, Mr. KILDEE, Ms. SCHWARTZ, Mr. NOEM. MCINTYRE. H.R. 5970: Mr. ROSS of Florida and Mrs. H. Res. 623: Mr. MILLER of Florida and Mr. CRITZ, Mrs. DAVIS of California, Mr. ELLISON, NOEM. POE of Texas. Mr. PIERLUISI, Ms. BALDWIN, Mr. VAN HOL- H.R. 5975: Mr. BLUMENAUER. H. Res. 689: Mr. ROSS of Arkansas, Mr. LEN, Mr. LOEBSACK, Mr. SERRANO, and Mr. H.R. 5978: Mr. TOWNS and Mrs. NAPOLITANO. DEFAZIO, Mr. ENGEL, Mr. RUSH, Mr. LUJA´ N. H.R. 5993: Mr. JOHNSON of Illinois. BUTTERFIELD, Mr. CHANDLER, Mr. H. Res. 695: Mr. GOHMERT, Mrs. BLACKBURN, H.R. 5997: Mr. KING of New York. GARAMENDI, Mr. HONDA, Ms. MATSUI, Ms. Mr. PITTS, Mr. WALBERG, Mr. WILSON of H.R. 5998: Mr. PRICE of Georgia. BASS of California, Ms. RICHARDSON, Mr. H.R. 6009: Mr. BISHOP of Utah. THOMPSON of Mississippi, Mr. SHULER, Mr. South Carolina, Mrs. LUMMIS, Mr. ROE of H.R. 6025: Mr. QUAYLE and Mr. CUELLAR. SHERMAN, Ms. BERKLEY, Mr. KIND, Mr. Tennessee, Mr. DUNCAN of South Carolina, H.R. 6042: Ms. NORTON. PETERSON, Mr. KISSELL, Mr. WALZ of Min- and Mr. HARRIS.

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Vol. 158 WASHINGTON, THURSDAY, JUNE 28, 2012 No. 99 Senate The Senate met at 9:30 a.m. and was appoint the Honorable TOM UDALL, a Senator a lot of work to do, but we have to fin- called to order by the Honorable TOM from the State of New Mexico, to perform ish this legislation. The student loan UDALL, a Senator from the State of the duties of the Chair. program expires at the end of the New Mexico. DANIEL K. INOUYE, month. The highway program has to be President pro tempore. completed by the end of the month. PRAYER Mr. UDALL of New Mexico thereupon The work that has been done has been assumed the chair as Acting President The Chaplain, Dr. Barry C. Black, of- hard. pro tempore. fered the following prayer: I met with the Democratic chairs Let us pray. f yesterday at noon. I explained to ev- God of liberty, as our Nation pre- eryone that we were trying to work our RECOGNITION OF THE MAJORITY way through this. These are veteran pares to celebrate its independence, we LEADER thank You that the rights of its citi- legislators, the chairmen of all of the zens come from You. We praise You not The ACTING PRESIDENT pro tem- committees here in the Senate. We only for the unalienable rights in the pore. The majority leader is recog- talked a lot about compromise being Declaration of Independence and Con- nized. what legislation is all about. Legisla- stitution but for the liberty we have in f tion is the art of compromise, con- You: freedom from guilt, sin, addiction, sensus building, but when it comes SMALL BUSINESS JOBS AND TAX and fear. right down to doing that, it is hard for RELIEF ACT—MOTION TO PROCEED Use our lawmakers to protect and de- Senators to give up what they want. fend the freedoms for which so many Mr. REID. Mr. President, I move to But this is a bill that affects almost 3 have given their lives. Inspire our Sen- proceed to Calendar No. 341, S. 2237. million people. That is just the trans- ators to keep Your teachings in their The ACTING PRESIDENT pro tem- portation part of it—the flood part, 7 hearts so that they may live for You. pore. The clerk will report the motion. million people, and the student loan, 7 We commit this day to You and The assistant legislative clerk read million people. So everyone had to give thank You in advance for Your pres- as follows: a little bit or we could not have gotten ence and power. Motion to proceed to Calendar No. 341, S. this done. We pray in Your great Name. Amen. 2237, a bill to provide a temporary income I am terribly disappointed on a part tax credit for increased payroll and extend of what did not get done. I have always f bonus depreciation for an additional year, been a big fan of the Land and Water PLEDGE OF ALLEGIANCE and for other purposes. Conservation Fund. I do not have a better friend in the world than Ken Sala- The Honorable TOM UDALL led the f zar. This is something he wanted so Pledge of Allegiance, as follows: SCHEDULE very much, but we could not get it I pledge allegiance to the Flag of the Mr. REID. Mr. President, the next done. So there is a lot of disappoint- United States of America, and to the Repub- lic for which it stands, one nation under God, hour will be divided between the Re- ment in many different areas. indivisible, with liberty and justice for all. publicans and Democrats. The Repub- But this is legislation at its best. I licans will control the first half and say that purposefully. It is hard to get f the majority will control the final half. these pieces of legislation done, but we APPOINTMENT OF ACTING It was last night, but just barely, got it done. And as I said, we are going PRESIDENT PRO TEMPORE when we finally worked out some to work through the process. With the agreement on a piece of legislation we Senate being such that it is, people can The PRESIDING OFFICER. The are dealing with. The House posted hold measures up, but they cannot hold clerk will please read a communication that last night just before midnight to them up forever. So we are going to to the Senate from the President pro meet their rules. It includes the trans- work through this. It is for the better- tempore (Mr. INOUYE). portation conference and flood insur- ment of our country if we complete The assistant legislative clerk read ance and student loans in one package. this legislation as quickly as possible. the following letter: I say to all of my Senators that we are MEASURE PLACED ON THE CALENDAR—S. 3342 U.S. SENATE, going to finish this before we leave. I Mr. REID. Mr. President, S. 3342 is at PRESIDENT PRO TEMPORE, Washington, DC, June 28, 2012. hope we can do it today. We certainly the desk and due for its second reading. To the Senate: can if the will is there. Otherwise, if it The ACTING PRESIDENT pro tem- Under the provisions of rule I, paragraph 3, takes tomorrow or whenever, we have pore. The clerk will read the title of of the Standing Rules of the Senate, I hereby to finish the bill. I know everyone has the bill for the second time.

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

S4689

VerDate Mar 15 2010 23:58 Jun 28, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JN6.000 S28JNPT1 smartinez on DSK7SPTVN1PROD with SENATE S4690 CONGRESSIONAL RECORD — SENATE June 28, 2012 The assistant legislative clerk read DEBT AND DEFICIT who have pensions, and that is very im- as follows: Mr. ENZI. Mr. President, I come to portant. There is a trust fund—the A bill (S. 3342) to improve information se- floor to talk about a bit of a crisis the Pension Benefit Guaranty Corporation curity, and for other purposes. United States is in right now. We are has a trust fund to see that if a com- Mr. REID. Mr. President, I would ob- out of money, but we are not recog- pany goes out of business and it had ject to any further proceedings with re- nizing that we are out of money. We promised pensions, then the Pension spect to this matter at this time. must make that realization soon. We Benefit Guaranty Corporation’s trust The ACTING PRESIDENT pro tem- are going to have to do some work for fund makes up part of that. They do pore. Objection is heard. The bill will this country to keep it operating so not make up all of it, but they make it be placed on the calendar. that the next generation has the same part of it. So it is an insurance policy hope as the present generation. for people across America who have HEALTH CARE I think the best example of where we pensions. And we said: That needs a lit- Mr. REID. Mr. President, there is a are is probably this highway bill. High- tle bit more of a jolt. So we did a cou- lot going on in Washington today. I so ways are important to this country. We ple of things. One of the things was to admire the Supreme Court’s ability to need them to get from one place to an- do some smoothing so companies would keep everything quiet. I mean, it is other. We need them to move the goods not have to put quite as much money really incredible that we are going to across this country to keep the econ- into the fund, and therefore they would have two major decisions this week— omy going—highways are extremely have maybe more profit, and on the one dealing with immigration, one important. Highways have always been profit they would pay taxes, and we dealing with health care—and there funded from a gas tax, until now. Using can steal those taxes to put in the has not been a single word that has different funding is a prime example of highway trust fund so that we can come out of the Supreme Court. I am what is about to happen in all of the build the highways. We have never sto- so impressed. That is the way it has al- bills that we do because we have run len money to pay for highways before. ways been, and I hope it stays that out of money and we haven’t taken the Never use the Pension Benefit Guar- way. necessary steps to solve that crisis. anty trust before. But this bill does Today the Supreme Court will rule When the highway bill came to the that. And then there is another little on the constitutionality of the land- Finance Committee, I suggested that bit of money that comes right out of mark health reform that made afford- we ought to change the gas tax so that the Pension Benefit Guarantee trust able, quality care a right for every there was an inflationary rate added fund that goes into the highway bill. American. Millions of Americans are each year for the following year. That That is the wrong way to do business. already seeing the benefits of this was the least that I could think of to We should not violate trust funds. law—I repeat, millions of Americans. do for highways. It would have added Wait until the seniors who said The Democrats are very proud that we half a cent a gallon. The price fluc- ‘‘don’t touch my Social Security’’ real- stood for the right of every man, tuates at the pump more than half a ize that Social Security is a trust fund woman, and child to lifesaving medical cent a day. and that we are stealing from trust care instead of standing for insurance I have to tell you, though, that I funds. I think we will hear a furor companies that worry more about really thought there would be strong across this country that will be un- making money than making people support for doing something like that, matched if Social Security is touched. better. taking a minimal step. I had the So we are not touching that one—yet. The Supreme Court’s decision, being amendment devised so that it could be We have maxed out our credit cards. a lawyer myself—I know the Presiding changed easily to increase that You know what a maxed-out credit Officer was the chief legal officer for amount. The Simpson-Bowles deficit card is. That is when you buy some- the State of New Mexico, the attorney commission said—and this was over a thing and the clerk says: I am sorry, general—when you are in the area of year and a half ago—that for the next but there is a hold on your card. When law and are a lawyer, whatever the 3 years, we needed to raise the gas tax you check on it, you find out that you Court does, you accept that. That is 5 cents per year for 3 years. So we real- have so much debt with that credit our form of government. We are a na- ly ought to be at 71⁄2 cents or 10 cents card company that they are not going tion of laws, not a nation of men. So in increase already. Now, if we did to let you charge any more. Well, we whatever the Court does, we will work that, the highway bill could be funded have maxed out a lot of our credit through that. If they uphold it, that is from highway funds. And that is a user cards. We are relying on foreign coun- great. If they do not uphold it, what- fee. If you drive, you buy gas. If you tries to help us out with our debt. ever it is, we stand ready, willing, and buy gas, you pay for the highways on There is a problem in Europe right able to work to make sure Americans which you drive. now. The euro is having a real tough have the ability to get health care I have been talking about this ever strain. Eight of the banks that have a when they are sick. since we started on the highway bill, lot of euros have invested that in U.S. I look forward to the opinion coming and I have not had anybody say to me: bonds because we are the safest place out in the next half hour or so, and we You are wrong, we should not raise the in the world. But if those banks col- will see what that holds. I know that gas tax. I was really surprised. I lapse, they will need their money. Be- will cause a lot of interest here in the thought there would be a huge outcry tween those eight euro banks and the Senate, but we cannot take our eyes off and that I would be in a lot of trouble four Japanese banks, that is 40 percent what we have to do today; that is, fig- for suggesting a raise in the gas tax. of the money, almost 40 percent of the ure a way forward on these other mat- But America understands we are broke money we borrow from other countries ters with which we have to deal—flood better than Congress understands. in order to keep our government going. insurance, student loans, and the big Both parties told me we would not We are at $16 trillion worth of debt. Transportation bill. vote on my amendment. And we didn’t What is worse, we have quadrupled the RESERVATION OF LEADER TIME vote on that amendment in committee, bottom line on the Federal Reserve. We The ACTING PRESIDENT pro tem- and we didn’t vote on that amendment have made money—we have printed pore. Under the previous order, the on the floor. Of course, by my count, I money to four times the amount of leadership time is reserved. think I had two Democrats supporting money we had 3 years ago. The ACTING PRESIDENT pro tem- me and two Republicans supporting We are facing some really difficult pore. Under the previous order, the fol- me, but we didn’t even really get to de- times, and we are going to have to deed lowing hour will be equally divided and bate it. We should debate it. We should up to those. One of those ways would be controlled between the two leaders or go to the logical spot for highway to raise the gas tax and to do the high- their designees, with the Republicans money, the spot that through the his- way bill the way the highway bill controlling the first half and the ma- tory of highways has been used to fund ought to be done. jority controlling the final half. highways. Now, I mention these trust funds, and The Senator from Wyoming is recog- So where are we getting the money? I mention them for a very specific rea- nized. Well, we did raise the tax on people son; that is, they found a trust fund

VerDate Mar 15 2010 23:58 Jun 28, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.011 S28JNPT1 smartinez on DSK7SPTVN1PROD with SENATE June 28, 2012 CONGRESSIONAL RECORD — SENATE S4691 they could violate. They did it very meeting I attended, I mentioned that raise the gas tax. We better take a look cleverly. They did not mention it to figure and somebody said: Can I pay at what we are doing, and make anybody who is going to be affected by my $49,000 and not be responsible for changes. If there is a user fee—and that the trust fund. Fortunately, there were the rest of it? I said that is not the way is what the gas tax is—if we use the some diligent people who took a look it works. Even if we could do that, that highways, we buy gas; if we buy gas, we at that highway trust fund bill, and is not the way it works. So it is $49,000 pay into the trust fund. We should use they said: Wow, they are going after for every man, woman, and child in the the user fee to pay for highways. We abandoned mine land money in this United States. If a child is born today, have an additional problem that is the bill. we can tag him or her with a $49,000 user fee is probably diminishing be- That is an abandoned mine land trust debt immediately. cause there are cars that run on elec- fund. The money comes from coal that Why is that significant? You have tricity now, and that will probably be is mined, and the money, the tax on probably watched Greece and Italy. increasing. Alternative fuels will be in- that coal, is supposed to go to fix aban- Greece and Italy had to do 19 percent creasing, and that will affect how much doned mines across the country. The cuts. They cut pension plans 19 per- money goes into the trust fund. conference report’s drafters found $700 cent. They cut employees 19 percent. But just to meet the immediate million in that trust fund. That trust They cut the number of employees 19 needs, there needs to be something fund hasn’t maxed out its credit cards percent. They cut the services they done, and stealing from other trust because, so far, we are still mining coal provide by 19 percent. They cut every- funds is not the way to do it. If we get in this country, and so far there is thing by 19 percent. You probably saw in the habit of stealing from trust money going into it. there were some riots in their coun- funds, Social Security will have to But there are uses for that money tries. If we cut 19 percent, there would watch out. Of course, that will be the that need to be achieved. It helps fix be riots in this country. Here is an in- end of the road for a lot of people in abandoned mine lands. Another use is teresting fact. In Italy, they only owe this body if they start stealing from taking care of orphan miners. I men- $40,000 per person. In Greece, they only Social Security. But it ought to be the tioned the pension folks before; when owe $39,000 per person. We owe $49,000 end of the road for people if they are their company goes out of business, per person. We are considered to be the stealing from other trust funds because they get a little help. Under the aban- safest place in the world to put your it starts the habit, and we can’t afford doned mine land trust fund, if a coal money, and I think that is right—at that habit. company goes out of business and the the moment—and it will change if we Mr. REID. Mr. President, I ask unan- miners don’t have any health insurance don’t act soon. imous consent the order for the then part of this abandoned mine land If we keep doing what we are doing in quorum call be rescinded. The ACTING PRESIDENT pro tem- money goes to make them whole in the the highway trust fund—and it shows pore. Without objection, it is so or- health insurance area. better there than any other place I can dered. This system was part of a grand coa- think of—we won’t be a secure place to The majority leader is recognized. lition that came together to solve some invest. The way we are fiddling with AFFORDABLE CARE ACT problems that are involved with min- funds and shuffling credit cards so we Mr. REID. Mr. President, I am happy, ing in America. The companies and the are not using the maxed-out ones, has I am pleased to see the Supreme Court employees and the States that were in- to stop, my friends. put the rule of law ahead of partisan- volved said this probably isn’t the per- With the highway bill before us, the ship and ruled that the affordable care fect solution, but it helps a lot of peo- conferees did construct a bill so they act is constitutional. could get quite a few votes on it. They ple, so we were going to do it, and we This is a long opinion. We know when put a limit on the amount of money did it. We were able to override a point we come back here after the elections of order on the budget in order to certified states could get from the there may be some work we need to do maintain that trust fund and move the abandoned mine land trust fund. It to improve the law, and we will do it money from the trust fund to where it doesn’t discriminate against very together. But today millions of Ameri- was supposed to be used. many States. It does discriminate cans are already seeing the benefits of For more than a decade, the money against Wyoming, and so I make a plea the law we passed. Seniors are saving wasn’t even taken out of the trust that they not do that and remove the money on their prescriptions and fund, and do you know why? Anytime I section of the bill. Trust fund money checkups, children can no longer be de- asked about it and said we needed some needs to go for what the trust fund said nied insurance because they have a pre- of the money, the government said: Oh, the money would go for. existing condition—protection that I am sorry. You will have to put some Even if they decide to steal from Wy- will soon extend to every American. No money in there so we can take the oming—and I hope they don’t—but longer will American families be a car money out. I said: What kind of a trust even if they do, the money ought to go accident or heart attack away from fund do you have to put money into into the other States that are a part of bankruptcy. twice before you can get money out? the trust fund that need to do mine Every Thursday I have a ‘‘Welcome The money already went in there once clean up. Over the 10 years of the bill, to Washington.’’ Today we had a group before. Here is how it works. The it takes about $715 million worth of of people from Nevada who have or money goes into bonds and the bonds money from the abandoned mine land have relatives who have cystic fibrosis. go into the drawer and the money gets trust fun—10 years. I did mention 10 It has been so hard for these young spent. Think about that. Seniors have years. people to get insurance. It is not going been complaining about the Social Se- There is a reason I mentioned 10 to be that way anymore. No longer will curity trust fund and how we have been years. This highway bill we are talking Americans live in fear of losing their spending money from the Social Secu- about doesn’t get all the money from health insurance because they lose a rity trust fund. They were more clever all the places we are stealing from in a job. No longer will tens of millions of than most people who are involved in short enough period to pay for the Americans rely on emergency room trust funds because they figured it out. highways we are going to build over care or go without care entirely be- The Social Security trust fund has a the life of that bill. After the bill ex- cause they have no insurance at all. whole bunch of bonds in the drawer. It pires and all those things have been Soon, virtually every man, woman, and doesn’t have money in the drawer. But built, we will still be trying to collect child in America will have access to don’t worry, those bonds are backed by the money from the sources it has been health insurance they can afford and the full faith and credit of the United stolen from in order to pay for what the vital care they need. States of America, and Europe is about has already been built. OK. What hap- Passing the Affordable Care Act was to have a huge problem. pens when we get to the end of this the single greatest step in generations It is kind of interesting. In America, highway bill, and we are still waiting toward ensuring access to affordable, every single man, woman, and child for all the places we stole the money quality health care for every person in owes more than $49,000 in national from to get the money in? Where do we America, regardless of where they live debt—and it is growing daily. In one steal the next money from? We better or how much money they make.

VerDate Mar 15 2010 23:58 Jun 28, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.012 S28JNPT1 smartinez on DSK7SPTVN1PROD with SENATE S4692 CONGRESSIONAL RECORD — SENATE June 28, 2012 Unfortunately, Republicans in Con- and what it doesn’t mean, but I can as- died on Saturday, May 12, while serv- gress continue to target the rights and sure you this: Republicans will not let ing in Kandahar Province in Afghani- benefits guaranteed under this law. up whatsoever in our determination to stan. He was fatally injured by the det- They would like to give the power of repeal this terrible law and replace it onation of an improvised explosive de- life and death back to the insurance with the kind of reforms that will truly vice. He was 38 years old. companies. Our Supreme Court has address the problems it was meant to In the decade that our Nation has spoken. This matter is settled. solve. been at war in Afghanistan, thousands No one thinks this law is perfect. The Look, we have passed plenty of ter- of men and women have volunteered to Presiding Officer doesn’t and neither rible laws around here that the Court serve our country. In order to protect do I. Democrats have proven we are finds constitutional. Constitutionality others, they put their own lives at risk. willing to work with Republicans to was never an argument to keep this They leave their homes and their loved improve whatever problems exist in law in place, and it is certainly not one ones to defend the freedoms we hold this law or, in fact, any other law. we will hear from Republicans in Con- dear. Nearly 2,000 of them, thus far, Millions of Americans are struggling gress. There is only one way to truly will not come home. to find work today, and we know that. fix ObamaCare—and only one way—and Staff Sergeant Nuanes was from Las Our first priority must be to improve that is a full repeal that clears the way Cruces, NM. He lived most of his adult the economy. It is time for Republicans for commonsense, step-by-step reforms life as a soldier. He was assigned to the to stop refighting yesterday’s battles. that protect Americans’ access to the 741st Ordnance Company, 84th Explo- Now that this matter is settled, let’s care they need from the doctor they sive Ordnance Disposal Battalion, 71st move on to other issues such as jobs. choose at a lower cost. That is pre- Ordnance Group. He served two tours of I note the absence of a quorum. cisely what Republicans are committed duty in Iraq. After returning from Iraq The ACTING PRESIDENT pro tem- to doing. in 2010, he enlisted for 6 more years. pore. The clerk will call the roll. The American people weren’t waiting His unit deployed to Afghanistan ear- The legislative clerk proceeded to on the Supreme Court to tell them lier this year. call the roll. whether they supported this law. That Time and again he answered the call Mr. MCCONNELL. I ask unanimous question was settled 21⁄2 years ago. The of his country. President Kennedy said: consent that the order for the quorum more the American people have learned Stories of past courage . . . can teach, they call be rescinded. about this law, the less they have liked can offer hope, they can provide inspiration. The PRESIDING OFFICER. Without it. But, they cannot supply courage itself. For objection, it is so ordered. Now that the Court has ruled, it is this, each man must look into his own soul. RECOGNITION OF THE MINORITY LEADER time to move beyond the constitu- In Iraq, in Afghanistan, wherever his The ACTING PRESIDENT pro tem- tional debate and focus on the primary country needed him, Staff Sergeant pore. The Republican leader is recog- reason this law should be fully repealed Nuanes had that courage. Despite the nized. and replaced—because of the colossal danger, despite the risk, he went where HEALTH CARE RULING damage it has already done to our his country sent him with commit- health care system, to the economy, Mr. MCCONNELL. Mr. President, 21⁄2 ment, with determination, and with an years ago a Democratic President and to the job market. unflinching sense of duty. He was The Democrat’s health care law has teamed up with a Democratically led awarded the Bronze Star and the Pur- made things worse. Americans wanted Congress to force a piece of legislation ple Heart. There is sorrow in his death, repeal, and that is precisely what we on the American people they never but also inspiration in his life. intend to do. Americans want us to asked for and that has turned out to be This courageous soldier loved his start over, and today’s decision does just as disastrous as many of us pre- family. He loved his country. He made nothing to change that. The Court’s dicted. Amid economic recession, a spi- the ultimate sacrifice defending it. He ruling doesn’t mark the end of the de- raling Federal debt, and accelerated in- leaves behind two children, Israel and bate. It marks a fresh start on the road creases in government health spending, Laurissa. He has left them far too soon. to repeal. That has been our goal from they proposed a bill that made all Abraham Lincoln said it best almost the start. That is our goal now, and we 150 years ago. There is little our words those problems worse. plan to achieve it. The President has Americans were promised lower can do to add or detract on these sol- done nothing to address the problems health care costs, and they are going emn occasions. But I offer my deepest of cost, care, and access. We will. sympathies to the family of SSG Israel up. Americans were promised lower I yield the floor. I suggest the ab- Nuanes. We honor his courage, we premiums, and they are going up. Most sence a quorum. Americans were promised their taxes The ACTING PRESIDENT pro tem- honor his sacrifice, and we mourn your wouldn’t change, and they are going pore. The clerk will call the roll. loss. up. Seniors were promised Medicare The legislative clerk proceeded to HEALTH CARE would be protected. It was raided to call the roll. Mr. President, we have all heard the pay for a new entitlement instead. Mr. UDALL of New Mexico. Mr. historic ruling on the Affordable Care Americans were promised it would cre- President, I ask unanimous consent Act today. I know the Presiding Officer ate jobs. The CBO predicts it will lead that the order for the quorum call be has been following this closely. We all to nearly 1 million fewer jobs. Ameri- rescinded. have been following this closely. The cans were promised they could keep The PRESIDING OFFICER (Mr. Supreme Court has upheld the Afford- their health plans if they liked it. Yet WHITEHOUSE). Without objection, it is able Care Act. millions have learned they can’t. so ordered. The Affordable Care Act has moved The President of the United States HONORING OUR ARMED FORCES us forward, but now the call on the Re- promised up and down that this bill ARMY STAFF SERGEANT ISRAEL NUANES publican side is for full repeal of the was not a tax. This was one of the Mr. UDALL of New Mexico. Mr. law. So it seems their legislative objec- Democrats’ top selling points because President, just last month we com- tive is going to be to introduce a piece they knew it would never have passed memorated Memorial Day. Memorial of legislation—and we will have a vote if they said it was a tax. The Supreme Day is a day of remembrance, a day of on the Senate floor—for full repeal. I Court has spoken. This law is a tax. mourning, and a day of gratitude. It is wish to remind New Mexicans in par- The bill was sold to the American peo- a day when Americans from all walks ticular what is at stake when we talk ple on a deception. It is not just that of life gather to thank and honor the about full repeal. the promises about this law weren’t people we have lost, to honor the men First of all, insurance companies kept; it is that it made the problems it and women who gave their lives in today, with the Affordable Care Act in was meant to solve even worse. The service to our country, and to acknowl- place, cannot deny coverage if a person supposed cure has proven to be worse edge a debt that can never truly be has a preexisting condition. That is than the disease. paid. something that is tremendously impor- So the pundits will talk a lot about I rise today to honor Army SSG tant to New Mexicans. If someone has what they think today’s ruling means Israel Nuanes. Staff Sergeant Nuanes a young child who has cancer and they

VerDate Mar 15 2010 23:58 Jun 28, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.004 S28JNPT1 smartinez on DSK7SPTVN1PROD with SENATE June 28, 2012 CONGRESSIONAL RECORD — SENATE S4693 have to get insurance, they can’t deny massive tax increases, job-killing regu- put a new President in the White them because of a preexisting condi- lations, and government coercion. It House. tion. will place Washington bureaucrats be- Mr. President, I yield the floor. There is no doubt that we can im- tween patients and their doctors and it The PRESIDING OFFICER (Mrs. prove upon the law, but New Mexico will cause millions of Americans to HAGAN). The Senator from Iowa. has already received more than $200 lose their current insurance coverage. Mr. HARKIN. Madam President, as million in grants and loans to establish So much for ‘‘if you like it, you can chair of the Health, Education, Labor, an insurance exchange, strengthen keep it.’’ And as we now know, and Pensions Committee in the Sen- community health centers, train new ObamaCare has made the problem of ate—the committee that drafted large health professionals, and so much rising health care costs worse, not bet- portions of the Affordable Care Act—in more. ter. looking back at all of the hearings we Since passing the law, more than For these reasons and more, we need had, the long markup sessions, working 26,000 young adults under 26 years old to repeal this entire piece of legislation across the aisle with Republicans, have been allowed to stay on their par- and start over. We all share the goal of working with the administration, fi- ents’ insurance plans. Almost 20,000 expanding health care coverage, but nally getting it passed and signed into New Mexico seniors on Medicare re- there are good ways and bad ways to do law, this is a great day. ceived a rebate to help cover prescrip- it. The authors of ObamaCare chose a There has been a cloud hanging over tion costs when they hit the doughnut fundamentally flawed way: Yet another this because of those who didn’t want hole in 2010. And 285,000 New Mexicans government takeover. to reform the health care system. They with private health insurance no Perhaps one of the most telling wanted to keep insurance companies in longer have to pay a deductible or things Congress has done in the last 2 charge. Well, we said, no, we are going copay for preventive health care such years is pass a bill under Medicare for to change this; we are going to reform as physicals, cancer screenings, and prescription drug coverage for seniors. the system and make it work for peo- vaccinations. More is yet to come Rather than a government-run pro- ple, not just for insurance companies. under the Affordable Care Act. gram, we created a marketplace for There are those out there who didn’t So this is the contrast: There are competition, where prescription pro- want to change, who didn’t want to re- some who are calling for full repeal; viders can compete for consumers’ form the system, and so they brought there are others of us who recognize favor by improved or lower cost and cases to court. And as we know, this that there are significant accomplish- better service. Indeed, by using the issue has wound its way through the ments, and we want to work further cost discipline of a consumer-oriented courts—some deciding yes and some de- with the other side in a bipartisan way approach to health care, that govern- ciding no—and then went to the Su- to put aside partisanship and move for- ment program came in 40 percent under preme Court. ward with improving our health care projected cost. That is the only time I I remember being in the Court this system. know of in the health care field where spring for the arguments on this law, I note the absence of a quorum. and we have been waiting since for the The PRESIDING OFFICER. The the government has actually created a Supreme Court to make its decision. clerk will call the roll. program that people like and that has The assistant legislative clerk pro- come in significantly under cost. Well, this morning, the Supreme Court ceeded to call the roll. We cannot continue to cut health gave a resounding confirmation that Mr. CORNYN. Mr. President, I ask care payments to providers because, the Affordable Care Act is indeed con- unanimous consent that the order for quite simply, fewer and fewer providers stitutional. the quorum call be rescinded. are going to provide that service. We Some have been saying President The PRESIDING OFFICER. Without know that is true in Medicare, where Obama wins this or the Democrats win objection, it is so ordered. many seniors can’t find a doctor to or the Republicans lose—that kind of HEALTH CARE DECISION take them as a patient because pro- thing. I don’t see it that way. What I Mr. CORNYN. Mr. President, this viders won’t accept Medicare’s low re- see is that this is a great victory for morning’s decision by the Supreme imbursement rates. We know it is even the American people, for the businesses Court has clarified some things and has worse for Medicaid patients, because of America, and for our economy. That made other things more muddled. One, that government program pays pro- is what this is all about. It moves us it has clarified the importance of the viders a fraction of what they would be forward so that every American—every upcoming election on November 6, 2012. paid if they were simply covered by pri- single American—will have quality, af- The only way to stop the overreaching vate insurance. fordable health care coverage—some- by the Federal Government, including All Americans should have access to thing we have never done in this coun- the President’s flawed health care bill, high-quality coverage and high-quality try. That is why this is such a land- is to elect a new President and a Con- care. The best way to make quality mark bill and such a landmark decision gress that will repeal and replace this coverage and care more accessible is to by the Supreme Court. fundamentally flawed law. reduce the cost. ObamaCare increases The Supreme Court’s decision allows Before the health care bill became the cost. We need to reduce the cost us to move ahead and replaces what I law, the President repeatedly assured and make it more affordable, and the have often called a sick-care system— the American people he would not raise best way to reduce cost is through pa- a system that will maybe get to you, if taxes on the middle class. He declared tient-driven reforms that increase you are lucky, in the emergency room emphatically that the individual man- transparency, eliminate government if you are sick, but not one that gets to date was ‘‘absolutely not a tax in- distortions, and boost private competi- you before that to keep you healthy. crease.’’ But the Supreme Court has tion. Those are the reforms Americans That is what the Affordable Care Act is made absolutely clear the only way want, and those are the reforms they moving toward—a system of more pre- ObamaCare can be upheld as within the deserve. ventive health care, more promoting of constitutional power of Congress is for Unfortunately, President Obama has wellness and keeping people healthy in it to be considered a tax increase, and made clear he views health care reform the first place by giving them the cov- a tax increase on every single Amer- as a vehicle for expanding the size of erage they can use to access affordable ican, regardless of income. government and its intrusion into the wellness and preventive health care. The President told us his health care decisions that should be reserved for The Supreme Court has made it clear law would reduce premiums by $2,500 patients in consultation with their pri- what we have known all along, that for the average family. That was an- vate doctors. those who want to block this law and other broken promise. Last year, the Time and time again the President who are now clamoring to repeal it are average American family, with em- has put ideology ahead of basic logic on the wrong side of this issue. They ployer-sponsored insurance, saw their and sound economics. Therefore, to en- are on the wrong side of history. We premiums rise by $1,200. sure future health care reforms em- can go all the way back to those who The case against this health care leg- power patients and reduce cost and didn’t want to have a Social Security islation is very simple: It relies on make it more affordable, we need to System. They were on the wrong side

VerDate Mar 15 2010 23:58 Jun 28, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.006 S28JNPT1 smartinez on DSK7SPTVN1PROD with SENATE S4694 CONGRESSIONAL RECORD — SENATE June 28, 2012 of history. There were those who didn’t pay out of their pocket. So this is a vidual mandate and parts of the law as- want to have a Medicare system. They victory for them. It is a victory for sociated with it as a tax—it was never were on the wrong side of history. And families so that they don’t face life- proposed as a tax. It was never debated those who want to repeal this law can time caps and annual caps. It is a vic- as a tax. It was never written as a tax. stand with them. They can stand with tory for every family in America to en- It was never meant as a tax in any part them in history. sure that their child can stay on their of the ObamaCare debate or legislative But I think history has shown that family’s policy until age 26. That is action. So I certainly agree with Jus- every time we expand the rights of peo- who wins here—ordinary hard-working tice Kennedy who said out loud from ple to certain basic needs in people’s families in America. It is a victory for the bench, which I think is significant, lives, we become a stronger country, a hard-working families to make sure that to read it ‘‘as a tax’’ is not just more unified country, a better country, that insurance companies have to pro- reading the law a certain way, it is re- with more opportunity for all. vide—have to provide—cost-effective, writing the law. Judicial rewriting of For those of us who believe that lifesaving preventive care at no cost to tax policy, judicial writing of the law quality, affordable health care is a get to people early on to keep them to create a tax, is particularly worri- right and not a privilege, this is a great healthy in the first place. It is a vic- some. I absolutely agree with that. victory. tory for working families so no longer I do think the majority, led trag- I see that some in the House have do they have to choose between paying ically by Chief Justice Roberts, did scheduled a vote to repeal it after we for health insurance or other critical backflips to rewrite the law in order to get back from the Fourth of July family needs such as food, shelter, uphold it. I think that is very unfortu- break. They have already voted to re- transportation, education. That is nate. peal it; I guess they are going to vote what this is about. That is what this What it also means for the country to repeal it again. They are on the victory is all about. It is a victory for and for the policy debate and for us in wrong side of history. I call upon my American families. the Congress is at least two things, Republican friends in the House and I say to those who now want to re- which I think are also very important. the Senate: It is over. This is constitu- peal it, who are going to start to make No. 1, it means that if this is a tax, this tional. Now let’s work together to a political issue out of this, you are on is a massive tax increase on the middle make it so that it is implemented and the wrong side of history. The Amer- class, which stands full square against that it works for everyone. ican people will now begin to take a the clear and repeated campaign prom- I say to my Republican friends that I look at this bill in a new light: that it ises of President Obama. So this is a have never said the Affordable Care is constitutional, it will be imple- huge tax increase, now that it is a tax, Act is like the Ten Commandments, mented, and what is in it for us? And I completely against everything he ran chiseled in stone for all eternity. I have just went through what is in it for on and what he said over and over, often likened it to a starter home to every American family. The American campaigning for office. which we could make some additions people will not want to go back. They It also means something separate and some improvements as we go will not want to repeal this law. There that is very significant. If this is all along. But at least that starter home may be improvements we can make as about taxes and spending, it means a has put a roof over our heads—a roof we go along. That is fine. But I say woe different Congress next year—hope- that will give quality affordable health to those who vote to repeal this bill. fully, led by a different President—can care insurance to every American. So I The American people will hold you ac- repeal all of that with a simple major- say to my Republican friends, bring countable for being on the wrong side ity of votes in the Senate through rec- your toolkits if you want to make it of history, the wrong side of progress, onciliation. If this is all about taxes better and improve it. Bring your tool- the wrong side of ensuring that every and spending, then it can all be undone kits, don’t bring a sledgehammer. American family has quality affordable through the reconciliation process. Of Don’t bring a sledgehammer to break it health care in America. course, that is significant for one rea- down and try to repeal it. So let’s work Madam President, I yield the floor, son and one reason only: In the Senate, together, put politics behind us, and and I suggest the absence of a quorum. it means that lowers the requirement make this bill work for everyone, make The PRESIDING OFFICER. The from 60 votes to a simple majority. If it work for every American. The Jus- clerk will call the roll. there is a Republican President, that tices have spoken. Now it is time for us The bill clerk proceeded to call the would be 50 votes, plus the Vice Presi- to get back to work to build a reformed roll. dent as the tiebreaker. health care system that works not just Mr. VITTER. Madam President, I ask So my bottom line is simple. It was for the healthy and the wealthy but for unanimous consent the order for the my bottom line yesterday before the all Americans. quorum call be rescinded. opinion, it was my bottom line over This is a victory. It is not a victory The PRESIDING OFFICER. Without the last several months, and it was my for President Obama. It is not a victory objection, it is so ordered. bottom line the day after Congress for my committee or anyone else Mr. VITTER. Madam President, I passed ObamaCare and the President around here. This is a victory to make come to the floor, as many of our col- signed it into law. It may be ruled con- sure that no one—no one in the future leagues have done, to talk about this stitutional, but it is still a bad idea is ever denied health care coverage be- very significant and, for me at least, that is making things worse. It is put- cause he or she got cancer, to make stunning U.S. Supreme Court decision ting an all-powerful Federal Govern- sure that no one in the future will be on ObamaCare. First of all, I use the ment between the patient and his or denied quality affordable health care word ‘‘stunning,’’ not particularly be- her doctor, and it is costing us an enor- coverage because they have diabetes. cause of the outcome. I would not have mous amount of money as individuals, It is a victory for families who have been shocked at either outcome—up- as citizens, as a society, and as a gov- had a child who needed intensive, very holding the law or striking down the ernment that we clearly cannot afford. expensive health care coverage to law. I considered both of those clear Many of us made those arguments make sure that child would live and possibilities. I am stunned and during the original debate. But I think grow and be able to take full part in shocked, somewhat confused, by the all of those arguments have been vali- our society, although sometimes those decision—by the nature of the decision, dated and are even more clearly true costs are extremely high. In the past, by the nature of the majority, and by and compelling in the months since there have been annual limits, and if the reasoning. ObamaCare was passed, in particular, you went above that, you had to pay I am not going to dwell on that. It is because costs have been going through out of pocket. There were lifetime not my role or the role of other Sen- the roof. The suggestion that this was caps. How many women have I met in ators to second-guess it or to claim we going to save us money and not cost us the past who have had breast cancer have some authority to rewrite it. But extra money—even the suggestion of and had to have intensive treatments I do find that doing backflips beyond that argument—has gone out the win- for a period of time but they bumped the significant power of the Court to dow. It is clear the opposite is true. In- up against a lifetime cap. They had to completely recharacterize the indi- dividual premiums have gone up as a

VerDate Mar 15 2010 23:58 Jun 28, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.007 S28JNPT1 smartinez on DSK7SPTVN1PROD with SENATE June 28, 2012 CONGRESSIONAL RECORD — SENATE S4695 result, family premiums have gone up discount for Olive on her husband’s health care law that has divided the as a result, and costs to the govern- Alzheimer’s drugs when they are in the American people and failed to address ment and to society have gone up as a doughnut hole. For them that 50-per- rising health care costs. Congress result. It has made the already stag- cent discount means $2,400, which, for should work together to make com- gering problem of health care costs senior citizens who count on Social Se- monsense, step-by-step health reforms worse and worse. It has made health curity in Woonsocket, makes a dif- that can truly lower the cost of health care for everyday Americans less and ference in the quality of their lives. care. I was pleased to see that the Su- less affordable. Because of that, I cer- Overall, it is up to $13.9 billion in preme Court narrowed the Medicaid ex- tainly renew my commitment to work doughnut hole discounts for seniors pansion because States can’t afford with others to fully repeal ObamaCare and people with disabilities as a result them. Hard-working Americans are lock, stock, and barrel. of this bill. That makes a big difference still struggling in this anemic economy Under the Supreme Court’s decision in every single one of those lives, just and need real action to make health today, I restate again that I think it is like Olive and her husband. care more affordable. very significant since it is all about a A third voice I wish to bring to the Reforms do not have to start here in tax and all about taxes and spending Senate is Brianne, who is a 22-year-old Washington. Our Nation’s States are that can be addressed early next year graduate of the University of Rhode Is- laboratories of democracy and can play with a simple majority in the Senate if land, out and working part time as a a significant role in addressing the there is a President Romney and a Re- physical therapist, but her job does not health care crisis in America. Gov- publican Congress to do it. provide health insurance. She would be ernors are in a special position to un- I thank the Chair. going without entirely, hanging her derstand the unique problems facing their States, and fixing health care, I yield the floor. fortunes on chance, as the President like most problems facing our Nation, The PRESIDING OFFICER. The recently said, if it were not for the Af- cannot be a one-size-fits-all solution. clerk will call the roll. fordable Care Act. She and 9,000 young Efforts underway by Indiana Governor The legislative clerk proceeded to adults in Rhode Island have achieved call the roll. Mitch Daniels provide a great example coverage as a result of this bill by of what different States are working Mr. WHITEHOUSE. Madam Presi- being able to get on their parents’ poli- dent, I ask unanimous consent that the on. He is moving forward with the cies. Healthy Indiana initiative, which is an order for the quorum call be rescinded. Danny is also a recent college grad- affordable insurance program for unin- The PRESIDING OFFICER. Without uate living in Providence, having grad- objection, it is so ordered. sured State adults aged 19 to 64. uated from Brown University. He is Outside Washington, some health in- Mr. WHITEHOUSE. Madam Presi- passionate about renewable energy surance companies have already stated dent, in light of the Supreme Court’s planning but couldn’t make the health they will adopt several reasonable pro- decision on the Affordable Care Act, I insurance work. Because of the Afford- visions to lower health care costs. wanted to come to the floor today to able Care Act, like Brianne, he is able These include allowing young adults to bring just a few Rhode Island voices to be on his parents’ health insurance be covered until age 26 while on their into the discussion that is taking coverage and have that peace of mind. parent’s plan, not charging patients place. The last story I will tell is about a copays for certain care, not imposing One such person is a man from Provi- small business owner named Geoff in lifetime limits, and not implementing dence, RI, named Greg, who has a 16- Providence who provides health care retroactive cancellation of health care year-old son named Will. Will has cys- insurance for his employees because he coverage. They said they would do that tic fibrosis, which requires Will to believes it is the right thing to do. He regardless of how the Supreme Court spend several hours every day under- qualified for the law’s small business case came out. going the treatment that dreadful dis- health care tax credit, so he has seen a One of the most effective ways Con- ease requires. He sees a specialist four significant advantage to his small busi- gress can address the rising costs of times a year to monitor the disease. He ness from this provision. health care is to focus on the way it is has daily prescriptions and treatments. I think it is a relief to put this quar- delivered as part of the Nation’s cur- Without this bill, Will and his father rel behind us, to be able to move on rent cost-driven and ineffective patient were looking at two problems: One, de- and deal with the economic issues we care system. America’s broken fee-for- nial of coverage because Will’s cystic face. As we do, I wish to make sure service structure is driving our Na- fibrosis was a preexisting condition; that Greg and Olive and Brianne and tion’s health care system further down- and, two, lifetime caps. Geoff and Danny were all heard here on ward, and tackling this issue is a good For people like Will all around the the floor today, because they are start to reining in rising health care country, this has been a real blessing Rhode Islanders in whose lives this bill costs. What is fee for service? This because lifetime caps are forbidden and has made a real and practical dif- method of payment encourages pro- kids with preexisting conditions must ference. viders to see as many patients and pre- be covered notwithstanding the pre- I thank the Presiding Officer. scribe as many treatments as possible existing condition. So for Greg, the fa- I yield the floor. I see the distin- but does nothing to reward providers ther in Providence, and his son Will, I guished Senator from Wyoming ready who help keep patients healthy. These want their voices to be heard today in to speak. misaligned incentives drive up costs not so much celebration but relief that The PRESIDING OFFICER. The Sen- and hurt patient care. what they have been provided by the ator from Wyoming. The new health care law championed health care law is still in place. Mr. ENZI. Madam President, it is dis- by President Obama and congressional Another voice to bring to the Senate appointing that the Supreme Court has Democrats did very little to address floor is Olive. Olive is a senior citizen. upheld the constitutionality of the new these problems. The legislation instead She lives in Woonsocket, RI. Her hus- health care law. Just because it is con- relied on a massive expansion of band has fairly serious Alzheimer’s and stitutional doesn’t mean it is the best unsustainable government price con- requires several medications to treat policy, the perfect policy, or even good trols found in fee-for-service Medicare. it. Until the Affordable Care Act came policy. And just because the Court If we want to address the threat posed along, Olive and her husband fell in the upheld the law does not change the fact by out-of-control entitlement spend- doughnut hole and had to pay 100 cents that the American people have over- ing, we need to restructure Medicare to on the dollar for the husband’s Alz- whelming concerns about it—not all of better align incentives for providers heimer’s medications while they were it but a lot of it. and beneficiaries. This will not only in the doughnut hole. In fact, the Court affirmed that the lower health care costs, it will also im- When I ran for this office, one of the new health care law is a massive tax prove the quality of care for millions of things I pledged to do was to work my increase on the American people. Con- Americans. In the health care bill, we heart out to close the doughnut hole. gress must get serious about fixing our took $500 billion out of Medicare and In the Affordable Care Act, it does broken health care system. We can put it into new programs. Then we ap- close. Right now there is a 50-percent start by changing this misguided pointed an unelected board to suggest

VerDate Mar 15 2010 23:58 Jun 28, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.014 S28JNPT1 smartinez on DSK7SPTVN1PROD with SENATE S4696 CONGRESSIONAL RECORD — SENATE June 28, 2012 cuts that can be made, and the only cause our Nation needs health care re- The legislative clerk proceeded to place left for cuts are providers, hos- form, but it has to be done the right call the roll. pitals, home health care, nursing way. Providing Americans with access Mr. DURBIN. Madam President, I ask homes, and hospice care. I don’t think to high-quality affordable health care unanimous consent that the order for that is where we want to be cutting is something I am confident Democrats the quorum call be rescinded. Medicare. and Republicans should be able to The PRESIDING OFFICER (Mrs. Shifting the health care delivery sys- agree on. MCCASKILL). Without objection, it is so tem from one that pays and delivers Two-and-a-half years ago, a Demo- ordered. services based on volume to one that cratic President teamed up with a Mr. DURBIN. Madam President, I ask pays and delivers services based on Democratic-led Congress with only unanimous consent to speak as in value is an idea that unites both Re- Democratic votes to force a piece of morning business. publicans and Democrats. We have legislation on the American people The PRESIDING OFFICER. Without been mentioning a number of simple that they never asked for and that has objection, it is so ordered. steps that can be taken while Congress turned out to be as disastrous as pre- Mr. DURBIN. Madam President, I weighs the larger fixes needed for predicted. How so? Amid an economic re- cannot remember another day when so ventive care. We can encourage insur- cession, a spiraling Federal debt, and many Americans were waiting for the ers to offer plans that focus on deliv- accelerating increases in government Supreme Court to rule, but today was ering health care services by reducing health spending, they proposed a bill one of those days all across America. copays for high-value services and in- that has made the problems worse. Everyone understood that a decision creasing copays for low-value or exces- Americans were promised lower just across the street this morning by sive services. Consumer-directed health health care costs. They are going up. the nine members of the Supreme plans provide another avenue for link- Americans were promised lower pre- Court was historic and politically sig- ing financial and delivery system in- miums. They are going up. Most Amer- nificant. centives and have the potential to re- icans were promised their taxes The Supreme Court handed down a duce health care spending by $57 billion wouldn’t change. They are going up. decision, consisting of 193 pages, with a year. Bundled payments will support Seniors were promised Medicare would all of the major opinions—dissenting more efficient and integrated care. All be protected. It was raided to pay for a and concurring opinions included—in of these options have already been uti- new entitlement instead. Americans the case of National Federation of lized by a number of private sector were promised it would create jobs. Independent Business v. Sebelius. We firms with great success. The Federal The CBO predicts it will lead to nearly knew this was a case to decide the con- Government should be willing to sup- 1 million fewer jobs. Americans were stitutionality of the Affordable Care port viable reforms where it is needed, promised they can keep their plan if Act. That, of course, was one of Presi- but also refrain from handcuffing inno- they liked it, yet millions have learned dent Obama’s first major legislative vative private sector designs with ex- that they can’t. And the President of undertakings when he was elected cessive regulations or narrow political the United States himself promised up President. Many of us who were part of interests. and down that this bill was not a tax. the Senate and the House during this Our Nation has made great strides in That was one of the Democrats’ top debate will never forget it. I have been improving the quality of life for all selling points, because they knew it lucky enough to represent my great Americans, and we need to remember would never get passed if they said it State of Illinois for quite some time, in that every major legislative issue that was a tax. The Supreme Court spoke both the House and Senate, but there has helped transform our country was today. It said it is a tax. has never been a more historic and ex- forged in the spirit of compromise and This law was sold to the American hausting debate than the one that pre- cooperation. These qualities are essen- people under deception. But it is not ceded the final vote on the Affordable tial to the success and longevity of cru- just that the promises about this law Care Act. The last vote in the Senate cial programs such as Medicare and were not kept, it is that it has made actually occurred on Christmas Eve, Medicaid. But when it comes to health the problems it was meant to solve and then we hurried away from here to care decisions being made in Wash- even worse. The supposed cure has be with our families, knowing we had ington lately, the only thing the gov- proved to be worse than the disease. done something of great historic im- ernment is doing is increasing par- We pass plenty of terrible laws port. tisanship and legislative gridlock. I around here that the Court finds con- Behind this decision was my human wish to leave the Senate with some stitutional. We need to do some com- experience that most every one of us words of wisdom from one of our de- monsense, step-by-step reforms that has had at one time or another. I can parted Members, and that is Senator protect Americans’ access to the care recall in my own family experience Daniel Patrick Moynihan, a Democrat they need, from the doctor they that moment when I was a brandnew from New York, who served in this choose, and at a lower cost. That is dad and a law student—not exactly a body. He said in 2001, shortly before he precisely what I am committed to great combination in planning, but retired: doing. that was my life. Our daughter was Never pass major legislation that affects The American people weren’t waiting born with a serious problem. We were most Americans without real bipartisan sup- on the Supreme Court to tell them here in Washington, DC, and we were port. It opens the door to all kinds of polit- whether they supported this law. That uninsured—no health insurance, a ical trouble. question was settled 21⁄2 years ago. The brandnew baby, and I was a law stu- Senator Moynihan correctly noted more the American people have learned dent. I can remember leaving George- that the party that didn’t vote for it about this law, the less they have liked town Law School a few blocks from will criticize the resulting program it. here to go over to Children’s Memorial whenever things go wrong. More impor- Now that the Court has ruled, it is Hospital to sit in a room with all of the tantly, he predicted the measure’s very time to move beyond the constitu- other parents who had no health insur- legitimacy will be constantly ques- tional debate and focus on the primary ance. It was a humbling experience, tioned by a large segment of the popu- flaws of this law because of the colossal waiting for your number to be called lation who will never accept it unless damage it is doing and has already for a brandnew doctor whom you had it is shown to be a huge success. done to the health care system and to never seen before to sit down and ask That is a quote from Daniel Patrick the economy and to the job market, you again for the 100th time the his- Moynihan, former Senator. which needs to be turned around. There tory of your child. You never feel more Truer words were never spoken. We are things that need to be done and can helpless as a parent in that cir- have seen each of these scenarios play be done. cumstance—to have no health insur- out over the past 2 years as the new I yield the floor and suggest the ab- ance and to hope and pray you are still health care law polarized the Nation. I sence of a quorum. doing the best for your child. That ex- hope this distinguished body has the The PRESIDING OFFICER. The perience is one that literally millions courage to learn from our mistakes, be- clerk will call the roll. of Americans have every single day,

VerDate Mar 15 2010 23:58 Jun 28, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.015 S28JNPT1 smartinez on DSK7SPTVN1PROD with SENATE June 28, 2012 CONGRESSIONAL RECORD — SENATE S4697 with no health insurance, praying that going to wait or that they don’t need that, think about the hardship that they will get through the day without it. We hear that particularly from would create across our country. an accident, a diagnosis, or something younger people who think they are in- We all waited expectantly for this that is going to require medical care. vincible and will never ever need day, this day at the end of the October What we tried to do with the Afford- health insurance coverage. So the ques- term of 2011 for the U.S. Supreme able Care Act was twofold: first, to ex- tion was how do we expand the reach of Court, and the decision today was that pand the reach of health insurance cov- health insurance coverage. We did it in the Affordable Care Act President erage to more families; second, to this bill. Obama signed into law is constitu- make health insurance itself more af- We set a standard and said people tional. Now we can move forward. fordable and more reasonable. should not have to pay any more than Some people have said: Is it perfect? Let me start with this question of af- 8 percent of their income for health in- The answer, of course, is no. I say half fordable and reasonable health insur- surance premiums. If they are in lower jokingly, the only perfect law was car- ance. Similar to my family, many fam- income categories, we will help them ried down the side of a mountain on ilies had children born with a prob- with tax credits and treatment in the clay tablets by ‘‘Senator Moses.’’ All lem—asthma, diabetes, cancer, heart Tax Code to pay for their health insur- the other efforts are our best human ef- issues. These are children who need ance. For employers—the businesses forts and always subject to improve- special care, and many times families, people work for—they will be given ad- ment. The same thing is true for this. when they turned to ask for health in- ditional tax credits to offer health in- I am sure the President would say ex- surance, were turned away. That is not surance, hoping to continue to expand actly the same. The good news is that fair and it is not what we need in that pool of insured people in America. today, the Supreme Court found the America. We need health insurance to For the poorest of the poor, we said, ul- President’s Affordable Care Act is con- protect those families, and that is one timately, they would be covered by stitutional. of the major provisions in the Afford- Medicaid—the government health in- There was, of course, some question able Care Act. surance plan—and for at least the first of one provision or another, but the Secondly, many people don’t realize several years, the Federal Government bottom line is Chief Justice Roberts— until it is too late that their old health will pay the entire cost, the expanded not considered a liberal by any stand- insurance policies had lifetime limits. cost of that coverage. ards—led the Court in a decision that There was only so much money the in- The notion is to get more and more found this law constitutional. The im- surance company would pay. People people under the tent—under the um- portant part of that is it means, for a who got into challenging medical situ- brella of coverage. That not only gives lot of families, there is going to be help ations, with expensive health care them peace of mind, but it also means through this law. needs, learned in the midst of their for many hospitals and providers In Illinois last year, 1.3 million peo- chemotherapy their health insurance across America there will be fewer ple on Medicare and 2.4 million people was all in—finished, walked away. We charity patients. with private health insurance received change that in the Affordable Care Act. Let’s be honest about it. Even people preventive care at no cost. That is a We eliminated the lifetime limits in without health insurance get sick. provision in this law that was found health insurance policies for that very When they do, they come to a hospital constitutional today. That means that reason. and they are treated. When they can’t mammograms, cholesterol screenings, We also said health insurance compa- pay their bills, those bills are passed on and other efforts ahead of time for pre- nies should be entitled to a profit and, to all the rest of us. ventive care will help people prevent of course, should charge a premium to In my hometown of Springfield, IL, illness and save lives. cover the cost of their administration at the Memorial Medical Center, the Speaking of prevention, the law proof health care. But we started drawing CEO there said: If we have everybody vides help for States with their preven- limits on what they could ask. We said walking through our front door at least tion programs—programs to help our 85 percent of the money collected in paying Medicaid, we will be fine. Do children stay strong with immuniza- premiums needed to be paid into actual that, Senator. That is what this bill tions, programs that detect and pre- health care, with the other 15 percent sets out to do. vent diabetes, heart disease, and ar- available for marketing, for adminis- There were some people who objected thritis. tration, and for executive compensa- to the part which said, if someone can Another reason this law is so impor- tion. Eighty-five percent had to go into afford to buy health insurance and tant is because of lifetime limits, as I the actual cost of health care, hoping doesn’t, they are going to pay a pen- mentioned. Before this law, insurance to keep premiums from rising too fast. alty. Some people called it a mandate. companies would literally say: Sorry, That was in the Affordable Care Act. Others—myself included—called it per- you hit your limit. We can’t pay for When it came to coverage, we de- sonal responsibility. If someone can af- any more chemotherapy. But because tected a problem: too many families ford to buy health insurance, they the Affordable Care Act was found con- had their sons and daughters grad- should buy it because 60 percent of the stitutional today by the Court, 4.6 mil- uating from college, looking for jobs, folks who don’t buy it end up getting lion people in my State of Illinois and not finding full-time jobs with sick and the rest of us pay for it. That alone received the care they needed health insurance. So we expanded fam- is not fair to the system. It is esti- last year without having to worry ily health care coverage to include mated to cost those with private about an insurance company’s lifetime children—young men and women— health insurance $1,000 a year just to limits. It is prohibited by the Afford- through the age of 25. We thought par- pay for those who don’t buy it when able Care Act. ents should be able to keep them under they can. That was one of the issues In these tough economic times, as I the family health care plan while they being debated before the Supreme mentioned, when young people are are getting their lives together and Court. So this bill, which ultimately looking for work, the fact they can looking for work. That was one of the passed, was signed by President now have health insurance through basics that was included in the Afford- Obama, has been debated back and their family’s plan up to the age of 26 able Care Act. forth ever since. It became a major is a sensible policy. Two-and-one-half All of those make health insurance topic in this year’s Presidential cam- million young Americans received pro- more affordable and more reasonable paign. I don’t believe there was a single tection under the Affordable Care Act for the families who need it. Republican Presidential candidate who because of this single provision, and Then came the question of what to do didn’t get up and say: I will get rid of 102,000 of them live in my State of Illi- about those people who have no health it on the first day I am in office. Gov- nois. insurance. Some people don’t have ernor Romney has said that. Yet when Of course, the law, as I said, requires health insurance because they work at you look at all the provisions—the ex- the insurance companies to spend more a job that doesn’t provide it and they pansion of coverage—even expanding money of their premiums on actual can’t afford it. Others have an oppor- Medicare’s prescription drug Part D for medical care—85 percent, in fact. Over tunity to pay for it but decide they are seniors—to think we would eliminate $61 million has been returned to those

VerDate Mar 15 2010 01:20 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.017 S28JNPT1 smartinez on DSK7SPTVN1PROD with SENATE S4698 CONGRESSIONAL RECORD — SENATE June 28, 2012 with health insurance policies, and fordable and available, to incentivize Obama health care plan on their busi- 300,000 people in Illinois are included, quality care, and to make certain nesses. in the form of a rebate, because of the America, the richest Nation on Earth, Scott Womack, the president and medical loss ratio. has the best and most affordable health owner of Womack Restaurants, is an For seniors, it will be a helping hand care on Earth. IHOP franchisee. He said: to pay for prescription drugs. They are It took the Supreme Court 193 pages Let me state bluntly. This law will cost going to be able to help fill the so- to say it today, and now it is up to us, my company more than we make. called doughnut hole and have less both Democrats and Republicans, to Grady Payne, who is the CEO of Con- money come out of their lifetime sav- work together, maybe put the swords nor Industries, said—it is very inter- ings to pay for the drugs they need to aside and sit down at a table and make esting because Conner Industries is keep them strong and even alive. It this law even better across America. I headquartered in my home State of also means preventive care for a lot of think the American people are count- Texas: these seniors, so they are able to get ing on us. The Supreme Court, in find- Conner Industries is headquartered in Fort the annual checkup in order to detect ing President Obama’s Affordable Care Worth, Texas with plants in 8 different some problem before it gets serious. Act constitutional, made it clear that states. Conner Industries started in 1981 with From the business side, the Afford- now it is up to us to put the policies in five people and one location. Today they able Care Act—found constitutional have grown to 450 employees and eleven place that will make it successful and plant locations. They offer health coverage today by the Supreme Court—is going help families, businesses, and individ- to their employees and the company pays to help small businesses pay for health uals all across America. over half of the total premium cost. In 2014, insurance. The new tax provisions help I yield the floor. the company will have to choose how to them do the right thing and buy health The PRESIDING OFFICER. The Sen- comply with the law, either buy a more ex- insurance for their employees. So far, ator from Texas. pensive, government-approved healthcare more than 228,000 businesses across Mrs. HUTCHISON. Madam President, benefit or drop health coverage completely America have taken advantage of this we have had a monumental decision and pay the $2,000 fine for each of their employees. Thus, Mr. Payne has stated that the new tax credit and have saved $278 mil- from the Supreme Court of the United impact of this law will cost them over lion. States, and I have to say I am dis- $1,000,000 no matter what option they choose. When this is all implemented—the appointed, because while the opinion is The chairman and CEO of NuVasive, Affordable Care Act—30 million more not very clear, in many respects, the a medical device company in San people will have health insurance result is clear, and that is we are get- Diego, in an op-ed said: across America. By 2019, 15 million of ting ready to see one of the largest tax Provisions of the Affordable Health Care these will be in Medicaid and the rest increases in the history of our country. Act are destroying jobs, hindering innova- will be in exchanges and in private We are all talking about the fact the tion and slowing the economic recovery. To health insurance. Supreme Court has declared the Obama offset the medical device tax increase, we Another provision in here was impor- health care plan constitutional, but will be forced to reduce investments in re- tant and that was the expansion of let’s look at how it was declared con- search and development and cut up to 200 community health care clinics. Sen- stitutional. It was not based on the planned new jobs next year. ator BERNIE SANDERS of Vermont, a commerce powers of the Congress in So what we have seen today is a vali- good friend and a great leader on these the Constitution. It was based, instead, dation of what many of us were con- issues, pushed hard for it. I have been on taxing capabilities—the taxing cerned about when this law was going to these community health care clinics power—of the Congress. through Congress; that is, the enor- across my State. They are wonderful I wish to read excerpts from an inter- mous increase in the tax, the fine, and primary care in the neighborhoods, in view George Stephanopoulos did with the overall burden to the businesses of the small towns, in Springfield, and in President Obama. this country which would do several Chicago, that truly help people along Under this mandate— things that are not good for the people the way. Stephanopoulos says— of our country: It will increase costs to Today, the President of the United American consumers; it will inject the the government is forcing people to spend States went to the cameras after the money, fining you if you don’t. How is that government into doctor-patient rela- Supreme Court decision and talked not a tax? tionships; it will most certainly add about this decision by the Court and President Obama replies: new burdens on business in an environ- this law. He said for those who believe ment in which we have over 8 percent the Affordable Care Act was just poli- No. That’s not true, George. For us to say that you’ve got to take a responsibility to unemployment. I also think it is very tics as usual, it was a political risk and get health insurance is absolutely not a tax clear that though the President prom- he knew it. There were close friends increase. ised that people will be able to keep and advisers of the President who basi- Stephanopoulos goes on later to say: their health care coverage as they cally counseled him not to try and But you reject that it’s a tax increase? know it, that health care coverage is take this on. This issue has stopped not going to be there because so many President after President. President Obama replies: companies are going to drop the health I tried to help President Clinton and I absolutely reject that notion. care coverage they have been offering then-First Lady Clinton when they Yet the Court today said this is con- because it is too expensive to comply were attempting to get health care re- stitutional because of Congress’s power with the government conscription of form passed. Try as they might, they to tax. So we are going to see the tax the plan that is required in order to couldn’t get it done. But President increase go forward, and the small avoid the $2,000 fine. Obama stuck with it. Even though businesses and businesses that are I think what the Court said is in- there was precious little help from the looking at this, the individuals, are sightful in this respect; and that is, other side of the aisle, he stuck with it going to have a whopping increase in while they said this law is constitu- and got the bill passed. They then chal- the cost of doing business at a time tional based on the taxing power of lenged him in court at every level they when—I certainly don’t have to point Congress, they are not ruling on the could, and today—at the highest Court out—we are in an economic downturn, wisdom nor the fairness of the policy. I of our land—it was found constitu- when the private sector is not hiring, think it is going to come down to the tional. when we have an over 8-percent unem- people of our country because the elec- The President said—and I think we ployment rate. Yet now we see more tion this year is going to determine the all should pay attention to this—it is costs on top of what we already have in ultimate fate of this bill. The Repub- not only good in its substance—and I this country. lican nominee, Gov. Mitt Romney, has have described that—but it is also a I don’t think that is the recipe for said very clearly, on the first day he is new challenge for us, Democrats and getting this country going again and sworn into office he will ask for the re- Republicans, to make it work. The hiring people to work. peal of this health care law. American people want us to come to- I would like to read a few quotes I think it will become an issue in gether to make health insurance af- from employers on the impact of the every contested congressional race and

VerDate Mar 15 2010 01:20 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.021 S28JNPT1 smartinez on DSK7SPTVN1PROD with SENATE June 28, 2012 CONGRESSIONAL RECORD — SENATE S4699 every Senate race: Are you going to So while this bill affects everyone in Members will be listening. Again, this vote to keep this law that has been the country, the four States that it af- bill affects all the States, but in the ruled constitutional based on the fact fects the most and by far are the four underlying bill there is a provision that it is a taxing power of Congress? States that I mentioned, and Louisiana that allows these rates for everyone in The people will be able to decide if happens to be one. So the people of my the country to be increased by 15 per- they want this jolt on their health State pay a lot of attention to flood in- cent a year. care, if they want the extra cost, if surance. We always have, and we al- People are struggling to pay flood in- they want the intrusion on the patient- ways will have to. surance now. I think that is very steep. doctor relationship, and if they want to I am sorry to say that just within the People who are arguing for the 15-per- possibly lose the coverage they have last few hours, with so much changing cent a year increase say it is important and be taxed to go into another plan— around here at the last minute, I was to get this program actuarially sound, a government plan. just given the information that the it is currently running a $20 billion def- We are going to see the erosion of the flood insurance bill—which we have not icit. I am well aware of the need to get quality of health care in this country if even debated on the floor of the Sen- this program in line. But I was going to we are not able to repeal this law and ate—is now going to be put into an om- offer an amendment that simply cre- start all over. nibus package which includes many ated and expanded a short, small, but Now, I will say the purpose of passing other important bills: the Transpor- important affordability provision of $10 health care reform is to provide more tation bill, the RESTORE Act—which million that the Department would options for people to get affordable is also important for the gulf coast, have to help people on fixed incomes or health care coverage. I think that is a parts of it that were accepted by the lower or middle-income families who of worthy goal. I think we should go for House, and there were a few important course are working along the gulf coast that goal in a way that does not burden parts that were, unfortunately, left on and in some of these coastal areas. the economy of our country, stop em- the cutting room floor over in the They are not sunbathing, not vaca- ployers from employing people; in a House—and now the flood insurance tioning. This is not about second way that preserves the doctor-patient bill. homes. This is about primary homes. relationship and doesn’t intrude on the I want to make it clear that if I were They have a right to live and have been people who do have coverage they want called on to vote on the flood insurance living for generations near the coast. to keep. That should be our goal. bill that is now going to be a part of These are fisherman, et cetera. That There are several months before the this package, I would vote no because was an affordability amendment that I election. I hope we will be able to do there are some very important provi- cannot offer or file for the RECORD. something in this Congress to start a sions that I was going to offer as This is a very important issue. Flood new process of providing affordable amendments to the bill that I think insurance is not just about business health care options for the people of are crucial to not just my State but to and commerce; it is about culture; it is our country and not continue on this the State of Florida, potentially to the about a way of life; it is about pre- path of enormous tax increases—which State of California, and potentially to serving coastal communities; it is have been validated by the Court—as Texas as well. I am not sure their Sen- about being resilient in storms. Yes, well as an intrusion on the quality of ators are in complete agreement or un- Louisiana wants to pay its fair share. our health care, and not something derstand some of the challenges, but I Florida must pay its fair share. Texas that in the bigger picture is going to want to point out a few of them. Unfor- must pay its fair share. We have no keep our businesses from hiring more tunately, I am not going to get a problem with that. We have been for people to get the economy jump-start- chance to vote no because I am going years. ed, which should be every one of our to have to vote for the whole package, Some Members are now waking up goals. I hope we can work on this in a pro- which I intend to do, although this and saying: Oh, my goodness, now you ductive way before the election, but I flood insurance bill is not in the posi- are telling us, people in other parts of also hope the people will make the tion I would support. Let me give three the country, we have to buy flood in- final decision in the election if Con- reasons. surance? But we have a levee. You are gress has not acted before; that we will No. 1, there is a provision of the bill telling us we have to buy flood insur- have a decisive election that will say that talks about V-Zones; that is, ve- ance? Yes. We had levees in Louisiana for we can do better. We, the people of the locity zones. Right now, with FEMA, strongest country on Earth, can do bet- FEMA basically says if you are in a ve- 200 years. Unfortunately, they break. ter than a health care system that will locity zone, you cannot rebuild. Sometimes when the Federal Govern- be eventually turned over to the gov- I have St. Bernard Parish, ment doesn’t build them correctly, ernment if we go down this path. Plaquemines Parish, Lafourche Parish, they disintegrate and our people get Mr. President, I yield the floor, and I Terrebonne Parish, Cameron Parish, flooded. Yes, we have levees, we pay to suggest the absence of a quorum. and large sections of St. Tammany and build the levees, and we pay for insur- The PRESIDING OFFICER (Mr. St. John the Baptist and Orleans Par- ance, and we are still not as protected SANDERS). The clerk will call the roll. ish that you can see are designated V- as we could be. Again, we are not sun- The legislative clerk proceeded to Zones. This means likely to be flooded, bathing down here on this coast. We call the roll. not just based on their elevation but are producing oil and gas for the Na- Ms. LANDRIEU. Mr. President, I ask the way that the historical patterns of tion. We are running the largest port unanimous consent that the order for storms coming out of the gulf affect system in North America, and we drain the quorum call be rescinded. them. 40 percent of the continent. The PRESIDING OFFICER. Without I understand that we have to be very Florida has a little different situa- objection, it is so ordered. careful in these areas so I had an tion. They do a great deal of tourism FLOOD INSURANCE amendment to say: No, you can rebuild and they do a great deal of sunbathing Ms. LANDRIEU. Mr. President, there but you have to rebuild up to the right and other things. I am happy for Flor- are so many important issues in Wash- elevation or you have to rebuild ac- ida and their economy. But the people ington today, it is hard to know what cording to the highest standards. If we I represent are not running huge vaca- to speak on first. But I am going to do not fix this, and this bill passes— tion operations. This is not an optional take this opportunity to talk about which it looks as though it will—there place for us to live. It is not optional flood insurance. One of the reasons is will be great concerns or questions, if for us, it is not optional for the Nation, because there are three States in the not a downright prohibition, on build- and it is not optional for the world. We Union that carry the most policies rel- ing in these areas regardless of whether have to find an affordable and safe way ative to our population, and it may be you pay for insurance. This is not to live here. the most policies regardless of our pop- right. I had an amendment to try to make ulation. That would be Florida, No. 1; The other amendment I was prepared this more affordable. That amendment Texas, No. 2; Louisiana, No. 3; and, of to offer is an affordability amendment. is not going to be offered. The only course, California, No. 4. People may not realize this—I hope positive thing I can say about the bill—

VerDate Mar 15 2010 02:17 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.023 S28JNPT1 smartinez on DSK7SPTVN1PROD with SENATE S4700 CONGRESSIONAL RECORD — SENATE June 28, 2012 and there are some positive things, and this moving forward. So that is what I five employees, they are not required this is important, I know, to the real- hope to do here today in the few min- to offer health insurance. So to reit- tors. I support them almost 100 per- utes I have while the Senate waits on erate, he is 50 years old, works at a cent—and the homebuilders. I have a the pending matter. small business that is not required to very good record with the realtors and Let’s begin by understanding what offer insurance, and makes $50,000 be- homebuilders. I believe in what they do has happened today. The Supreme fore taxes. He doesn’t have insurance. and they are right when they say: We Court doesn’t decide whether some- Now, he cannot afford a bare-bones pol- have to have a permanent extension be- thing is a good idea or a bad idea; the icy. This economist went through cause we cannot close deals. People Supreme Court’s job is to decide ehealthinsurance.com and found that cannot sell their homes. We have to whether something is constitutional. the cheapest policy he could find was have this insurance program. And they Today, by a vote of 5 to 4—four of the $1,600 a year. Depending on where you are correct. Justices disagreed, but five of the Jus- live in the country, when they start Like a lot of things up here, it is a tices, including the Chief Justice, de- taking out taxes, $50,000 doesn’t add up balance. With the amendments I was cided that a key component of the to a lot of money. This is middle class. going to put on the bill and actually health care law that passed the year He can’t afford a $1,600-a-year policy, had worked out to do so, on balance before I was elected was constitutional. so instead he would have to pay a $1,150 the bill would have been better. I was They said it was constitutional because fine, which is a tax. That is what he prepared to vote for it on the floor. it was under the taxing powers of the would have to pay. Guess what. Even Now that it is being stuck into this Congress. In essence, they said that after paying the $1,150, he still doesn’t package without the debate on the this mandate, this requirement is con- have insurance. This is the real-world floor and without the amendments, I stitutional because it is a tax. impact of the mandate. must go on record to say that I would That is curious, of course, because Here is another example. This one ac- vote against the bill in its current the President denied that it was a tax. tually uses my home State, so I picked form, even though I know we need I looked it up. I remember a specific this one. A married couple with two long-term flood insurance. Because of interview the President gave while this kids has a small business. They run a the increased rates, the lack of the af- was debated where he was asked by small tourist shop in Orlando, FL. I am fordability, and the lack of a fix to the George Stephanopoulos on ABC: Is this not sure if these are real people or if it V-Zones, I think it tips the balance a tax? He denied it. He denied it and is hypothetical, but I like the fact that against the bill generally. said there was no way this was a tax. If they picked Orlando, FL. The husband There is nothing I can do about it. I could find the right quote in here just and wife make $90,000 a year at their That is the way it is going to happen. to make sure I am not misquoting any- small business. That is what the busi- But I wanted to submit my comments body in this day and age of fact-check- ness makes, again, before taxes. They for the RECORD. I can promise the ing, the President specifically said that have a small business making $90,000. Members of this Senate after this bill the notion that it was a tax was wrong. Between all the expenses they have and goes into effect you are going to hear a However, months later, when this ap- all the other tax components that lot of complaints from your constitu- peared before the Supreme Court of the come up, it is middle class. This is mid- ents. I am certain we will be back here United States, his lawyers argued that, dle class, OK? These are two employ- within the year, after the elections— no, this is constitutional because this ees, but their wages exceed the amount regardless of who wins and who loses— falls within the power of the govern- to qualify for the small business tax fixing some provisions that should ment to tax. So that is important be- credit. Because their business is so have been fixed, but because there is cause that is the reason this law still small, there will be no financial pen- not going to be a debate on the Senate stands on the books today. alty for a business that only has two floor will not be. Let’s remind ourselves of what a employees, but as individuals they still I know this bill came out of the mandate is. This is not a mandate that have to buy health insurance for them- Banking Committee in the Senate with the government provide an individual selves and for their children. bipartisan support. I am well aware of with insurance, this is a mandate that So here they are, husband and wife, that. But I think there were some cor- a person find insurance for himself or 40 years old, two kids, they own a rections or some perfections that could herself. For a mandate to work—and small tourist shop, and they are the have been done on the Senate floor. We anyone who has been for a mandate only employees, making $90,000 a year are not going to have that opportunity. will admit this to you—the penalty for together. The cheapest insurance they I suggest the absence of a quorum. not buying insurance has to be severe can get is a high-deductible plan with The PRESIDING OFFICER. The enough so that the person will decide about a $6,000-a-year annual deductible. clerk will call the roll. to buy the insurance; otherwise, people It costs them about $3,800 a year. The The legislative clerk proceeded to will just pay the fine and not get the fine is $2,000 a year. So that is probably call the roll. insurance. what they end up having to do now. Mr. RUBIO. Mr. President, I ask So what does this mean in the real This is a $2,000 increase in their taxes unanimous consent that the order for world? I found a blog post from 2009. through a fine, and they still don’t the quorum call be rescinded and that The numbers may have changed a little have insurance to show for it. I be recognized to speak as in morning bit, I am not 100 percent sure, but this This is the third example I want to business. is from when the House was delib- give, and this is not part of the anal- The PRESIDING OFFICER. Without erating at the time. An economist took ysis. I pointed out that the law now re- objection, it is so ordered. this up on July 14, 2009, and he actually quires any business with more than 50 Mr. RUBIO. Mr. President, as we used a couple of real-world examples. full-time employees to offer health in- know, the Supreme Court ruled on the This may be very similar to you, so lis- surance. Now, offering health insur- health care law, and we have had a lot ten carefully. ance is a good thing. We should try to of phone calls and e-mails. People want The first example he used is of a gen- encourage that and provide opportuni- to know what this means above the tleman who is single and earns about ties for businesses to do it. Imagine politics. Sometimes I think that in $50,000 a year, which is four times the you are one of these businesses and you Washington everything is analyzed Federal poverty level, so he wouldn’t are asking yourself if you should hire over what this means for the elections qualify for the subsidies under the bill. the 51st or 55th employee. Should I and what this means to the Repub- Now, he is a single 50-year-old non- grow my business? Well, as a result of licans or the Democrats. What I hope smoker, small business employee. That this new mandate, maybe you decide to do today by coming to the floor of means he works for a small business not to now. How much will this cost the Senate is to respond to some of my that doesn’t provide health insurance us? It is $2,000 per employee if they constituents from Florida, and folks and isn’t required to because the law don’t comply. How much will this cost around the country who have called as requires businesses that have more us? Maybe this is not the year to add a well, to show what this means in real than 50 employees to provide insur- few jobs. Even worse, maybe they life and what my position is toward ance. If he works at a place that has should become a part-time business.

VerDate Mar 15 2010 01:20 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.025 S28JNPT1 smartinez on DSK7SPTVN1PROD with SENATE June 28, 2012 CONGRESSIONAL RECORD — SENATE S4701 I heard a lot about this in my cam- Most Americans don’t have that that long to learn why the law is bad paign from franchises. Taco Bell and choice. They get their insurance from for America. The law was a train wreck McDonald’s are not owned by Taco Bell their job and their job tells them: This from the very beginning: backroom or McDonald’s, they are owned by a is your insurance plan. Pick a plan out deals, empty promises, political tactics small business owner. They are going of this book. Those are the kinds of that epitomize what disgusts Ameri- to decide to make everyone part time things we should be working on. cans about their government. Some of because they can’t afford to pay the So apart from everything else, this is the law’s leading supporters even ad- fine. They can’t afford to pay for the a terrible idea because it hurts our mitted they hadn’t read the 2,700-page insurance. This would be a bad idea no ability to grow our economy. This is bill. The Speaker acknowledged we are matter what the economy is because the real-life impact of this bill. This is going to have to pass the law to see now we are discouraging them from the impact it is going to have, and we what is in it. My colleagues across the growing their businesses. No matter are going to see it. We are going to see aisle hastily passed the bill on the no- what the economy looked like, this it in a further downturn in our econ- tion that there were some gold nuggets would be a bad idea. omy and in slower economic growth. in there, tucked inside the law, and Let me explain why it is worse. No. 1, This is going to have a real impact. that maybe Americans would think guess who gets to enforce all of this This is a big deal. People across this they were lucky enough to cash in. We stuff. Guess whom they have to answer country and across Florida have every have come to know nothing could be to. Guess who they have to prove they right and every reason to be worried further from the truth. have insurance. Your neighborhood, about the impact this is going to have After more than 2 years, there has friendly IRS. That is who is in charge on them. This is a middle-class tax in- been a lot of rain but not a single rain- of enforcing this. Millions of Ameri- crease, and millions of Americans now bow and certainly no pot of gold when cans now have an IRS problem because have an IRS problem. People will now it comes to this legislation. Instead, they don’t have health insurance. have to, for the first time in American what we have seen is one broken prom- This idea that they don’t have health history, prove they have health insur- ise after another. insurance—because if we read some of ance or they are going to have to deal Just last week, the administration’s these statements and interviews that with the IRS. I guarantee that is not own Medicare Actuary reported na- the President gave when he said it good for small business. I guarantee tional health care spending will in- wasn’t a tax, it made it sound as that is not good for the middle class. I crease at an average of more than 50 though they don’t want to buy insur- guarantee that is not good for eco- percent over the next decade. The same ance and they want to use the money nomic growth. study estimated, in 2014, the increase for something else because they are ir- That is where we are today. If there in private health insurance premiums responsible. They are not irresponsible. is anything I hope we can do—I wasn’t is expected to accelerate to 7.9 percent. They can’t afford it. There is not a pri- here when the health care bill passed, But the startling fact is that is more vate market for them to buy insurance but I hope some of my colleagues who than twice the increase Americans because they can only buy insurance voted for this will think to themselves: would have faced in the absence of the from their States. If they live in Flor- This is not what we intended. We want health care law. ida and there is some company in Cali- to help people who are uninsured but This is just one of many studies that fornia that wants to sell them insur- not like this. This is never what we indicate the law does not bend the cost ance, too bad, they can’t buy it. That is wanted to do. I hope enough reasonable curve down as the President promised. ridiculous. That is what we should be minds will come together to either sus- It begs the basic question: Why would changing here. These people are not pend or repeal this, and let’s start from Congress pass a massive overhaul of doing it because they don’t want to be scratch. Let’s come up with a real plan our country’s health care system that responsible. They can’t afford it. Their to help deal with the health insurance actually increases the cost of care? It house is upside down. They are making crisis in America. is so ironic that the majority decided half as much and working twice as I thank the Chair, and I yield the to call this health care law the Afford- long. Their kids want to go to college. floor. able Care Act. One can hardly argue Everything has gotten more expensive, The PRESIDING OFFICER. The Sen- that more people will receive better including gas, milk, their water bill, ator from Nebraska. care under a plan that drives costs up- and electricity bill. On top of that, we Mr. JOHANNS. Mr. President, today ward as well as puts Medicare on an are going to hit them with this? marks one of the most historic and cer- unsustainable path. We just got a report today that shows tainly highly anticipated Supreme The Medicare Actuary asserted in the that the economy barely grew in the Court decisions in a long time. most recent trustees report that the first 3 months of this year. It was less I would be less than candid if I didn’t law could lead to significant access than 2 percent. Our economy is not say I am enormously disappointed that issues for beneficiaries under Medicare, growing. When it is not growing, the the Court upheld the law in its indi- and Medicare itself is estimated to be debt gets worse, the unemployment vidual mandate which requires all insolvent by 2024. Due to the cuts to gets worse, everything gets worse. We Americans to purchase government-ap- Medicare and the health care law, he should not be doing anything in Wash- proved insurance whether they choose said: ‘‘The prices paid by Medicare for ington that makes it harder for people to or don’t choose to. I believe it is fun- health services are very likely to fall to grow this economy. Why would we damentally wrong for the U.S. Govern- increasingly short of the cost of pro- do something such as this to people? ment to intervene in the lives of Amer- viding those services.’’ Why would we hit the owner of a tour- icans in this very direct way. However, He goes on to say: ‘‘Severe problems ist shop with a $2,000-a-year tax or else the Supreme Court’s role within our with beneficiary access to care’’ will the IRS is going to chase him around? system of government is to interpret occur. Why would we hit this guy who is 50 the Constitution, and they have spo- That is just another way of saying, to years old, trying to make a living in ken. So with the ruling now officially put it very directly and simply, our the world working for a small business, out, what is important is where we go seniors are going to find it harder and with a $1,000-a-year tax when we are from here. harder to find a doctor or a hospital trying to grow our economy? The Court did not decide that this that will accept them as patients. To Health insurance is a real problem. It law is good policy. In fact, Chief Jus- put it simply, our seniors are going to is. I wish more Americans could get tice Roberts went out of his way to have difficulty accessing medical care their health insurance the way Con- clarify this point. It is clear in my under this law. gress gets it. We get it very simply. We mind that we must do everything we The health care law perpetuates the get to choose, depending on which can to repeal this flawed law because it problems within this very difficult sys- State we are from, between 8 to 10 com- is enormously bad policy. tem. It is clear that heavy-handed gov- panies, and we can decide. If we want a While we have waited over 2 years for ernment solutions are not the answer, higher copayment, we pay less pre- the final decision about this law’s con- but that is exactly what this law cre- mium and vice versa. We get to choose. stitutionality, we haven’t had to wait ates. In this law, there are 159 new

VerDate Mar 15 2010 01:20 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.026 S28JNPT1 smartinez on DSK7SPTVN1PROD with SENATE S4702 CONGRESSIONAL RECORD — SENATE June 28, 2012 boards, over 13,000 pages of new regula- heart of the decisions that impact their consultation with their doctors, not by tions, and it gives the Secretary of health. The Supreme Court has spoken government bureaucrats in Wash- Health and Human Services more than definitively about the constitu- ington, DC. So the fact that it is un- 1,700 new or expanded powers. No one tionality of this law, but Americans popular does not surprise us, and given will convince me this act isn’t a seizure have spoken loudly and clearly when it the fact that the Supreme Court was of our government, of our health care comes to the sensibility of this process able to uphold the individual mandate system, and putting it under the power and of this policy. It is time to repeal only by calling it a tax is very signifi- of government. it and put in place sensible reforms cant. It is especially significant given Americans don’t want government that truly do bring down costs. the fact that it was pitched to the bureaucrats diagnosing and prescribing I yield the floor and I note the ab- American people as something other their care. They want the freedom to sence of a quorum. than a tax. choose an insurance plan that covers The PRESIDING OFFICER (Mrs. The President promised us he would their needs and to simply see the doc- SHAHEEN). The clerk will call the roll. not raise our taxes. He promised us the tor of their choice. The assistant bill clerk proceeded to individual mandate did not amount to It seems the President even manipu- call the roll. a tax increase. He promised us all lated this sentiment, which is why he Mr. LEE. Madam President, I ask along that he would never raise the said no fewer than 47 different times: unanimous consent that the order for taxes of any American earning less ‘‘If you like your plan, you can keep the quorum call be rescinded. than $250,000 a year. Well, those who it.’’ He knew that pledge would help The PRESIDING OFFICER. Without participated in Congress who voted for him gain support for his law, but, objection, it is so ordered. this provision also promised us this sadly, the American public was misled Mr. LEE. Madam President, I rise would not amount to a tax increase. and his promise can’t be kept. today to speak about the Supreme They did so for one simple reason: The nonpartisan Congressional Budg- Court’s ruling this morning in the case They knew it could not pass. They et Office estimates up to 20 million involving the constitutionality of the knew it would not be able to get the Americans could lose the insurance Affordable Care Act’s individual man- number of votes necessary to make it they get through work—the insurance date. In that case, the Supreme Court become law if they called it a tax. So they like and want to keep—because of rendered a decision that may be spun they did not. They went to great this health care law. Families in 17 by many, perceived by many, as a vic- lengths to make sure it was not de- States, including my own State of Ne- tory for the proponents of the con- scribed or characterized or structured braska, no longer have access to child- troversial individual mandate con- as a tax within the text of the statute only health insurance because of the tained within the Affordable Care Act. itself. mandates in this misguided legislation. I would submit today, however, that Now, after the fact, the Supreme That is not the only way the law will this victory, if it is being called that, Court has taken the step of hurt hard-working American families. will prove to be not only hollow but shoehorning this regulation into The Director of the CBO testified that also short lived. I say that because, sig- Congress’s taxing authority, and it is the new law will mean 800,000 fewer nificantly, the Supreme Court was able calling it a tax, effectively insulating jobs over the next decade. to uphold the constitutionality of the those Members of Congress who voted The American people deserve more mandate only by a series of gymnastics for it from the political liability at- than a laundry list of flawed policies that allowed the Court to find this was tached to having voted for a tax in- and empty pledges. Americans deserve a tax. crease—not just any tax increase but a step-by-step reform instead of rushed First, the Court addressed the issue tax increase that the Joint Committee policy; transparent reforms, not a and concluded, for only the third time on Taxation has concluded will be 2,700-page entangled mess; and an open in the last 75 years—only the third borne overwhelmingly by hard-work- debate, not a closed-door discussion time since 1937—that Congress had, in ing, middle-income earners. and the backroom deals that were so fact, exceeded its power as asserted In fact, they have concluded that necessary to get this flawed piece of under the commerce clause of the U.S. over 75 percent of the burden associ- legislation passed. More than anything, Constitution. ated with this mandate that has now they deserve sound policy that delivers Having concluded that Congress been deemed a tax will be paid by those on the promises. lacks the authority to compel com- earning less than $250,000 a year. It was I will do everything I can to continue merce, the creation of commerce so unpopular before we were told it would to push to repeal this misguided law that it could then regulate commerce, be deemed a tax. Now that it is a tax, and to push for policies that set us on the Supreme Court went on to shoe- we cannot expect that its status as a the right course because the path we horn this individual mandate provision tax will enhance its popularity. If any- pave will define our future as a nation. into the Supreme Court’s conception of thing, we can expect that it will be- There is no disputing that Medicare Congress’s taxing power. This awkward come even less popular with the Amer- and Medicaid are two of the biggest construction is one that exposes many ican people. drivers of our Nation’s $15 trillion debt. of the true flaws of the individual man- For that reason, I am absolutely con- So if we want to secure a sound future date. vinced that for those who call this a for our children and our grandchildren, The mandate itself, we must remem- victory for the individual mandate, it we have to fundamentally reform these ber, was not wildly popular among the will prove to be anything but a victory. government programs, not double down American people at the time it was en- It will prove to be something that will on policies that will bankrupt them. In acted. It has become even less popular result in a groundswell of people con- that same vein, we can’t ignore our as the American people have come to tacting their Members of Congress, struggling economy. Instead, we need understand it. A recent poll revealed telling them they do not want their policies that promote business growth that roughly 74 percent of Americans taxes raised, telling them that Mem- and job creation. I believe we can pass do not like the individual mandate. bers of Congress who voted for this step-by-step reforms that confront This is easy for us to understand when promised them it would not be a tax in- these tough issues and policies that de- we think about the fact that we as crease, asking them, for instance, to part from a top-down, one-size-fits-all Americans—we are born as a free peo- vote on it, to decide once and for all approach. ple. We were intended to live as a free whether they are willing now to call it The issue of health care touches all people. It offends our most basic sense a tax, given that was the only way in of us at the deepest level. Whether it is of freedom to have one of the most per- which it could be affirmed, upheld, as a a new life entering into our world, a sonal decisions made for us by govern- valid constitutional exercise of tough diagnosis, a lifesaving surgery or ment—particularly by the impersonal, Congress’s power. care for a loved one in their final days, distant government that is based in As we move forward to the November health care decisions should not be dic- Washington, DC. elections, we are going to hear a lot tated by Washington. Families and the These kinds of decisions should be about what people do not want out of physician they trust need to be at the made by the individuals and families in their national government. We will

VerDate Mar 15 2010 01:20 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.030 S28JNPT1 smartinez on DSK7SPTVN1PROD with SENATE June 28, 2012 CONGRESSIONAL RECORD — SENATE S4703 continue to hear a lot from those peo- not want out of our government. The with people’s right to see the doctor of ple who are offended by this notion government exists to serve the people their choice or get health care. that the government can tell them and not the other way around. The de- That is what insurance companies where to go to the doctor and how to cision rendered by the Supreme Court have been doing for years. People in pay for it, who are offended by the no- today, while I disagree with it in many pinstripes sitting in boardrooms made tion that government would step in respects, is one that I predict will decisions on who could get health care and tell Americans: You have to buy usher in a new era of robust debate and and who couldn’t. We stopped them health insurance, not just any health discussion over issues of federalism and from denying families health insur- insurance but that health insurance individual freedom. That debate, I am ance. We stopped insurance companies which Congress, in its infinite wisdom, convinced, will lead inexorably to the from denying children’s coverage. Con- has deemed necessary for every Amer- result that we as Americans will be- gress ended, as I said, discrimination ican to purchase. And if you do not, come more free, less captive to a gov- against women. you are going to be penalized. If you do ernment that tells us where to go to I remember when they tried to take not, you are going to be taxed. the doctor and how to pay for it, and our mammograms away, and I said no People are going to be upset about that we as a people will again prosper and organized the preventive health this. They are going to complain to as we regain our God-given right to care amendment. We women fought to Congress and to candidates for Con- constitutionally limited government. have access to mammograms and other gress. They are going to complain to I yield the floor. things related to our particular life the President and to other candidates The PRESIDING OFFICER. The Sen- needs. The fact is we wanted it for the for the Presidency that this is not the ator from Maryland. men too. We organized for the preven- kind of government they want. After Ms. MIKULSKI. Madam President, I tion amendment so we could limit the they do that, they will proceed, and rise to speak on the Affordable Care need of copays for this, so we women they will start talking about what kind Act. Today I am so relieved that the could have access to mammograms, so of government they do want. That is Supreme Court has upheld the Afford- men could have access to screening for where we have to move, away from the able Care Act as constitutional. With prostate cancer, so all Americans could kind of government we do not want to- this ruling, our Nation’s highest Court get that screening for the dread ‘‘C’’ ward the kind of government we do has made it clear that no matter who word, such as colon cancer, and how want. you are—a man or a woman, a senior about diabetes and heart disease. These The kind of government we do want facing cancer, a child with juvenile dia- are the kinds of things that, if we can today is, in so many respects, the same betes—you will have health care that is have early detection and early screen- kind of government we as Americans available, reliable, and undeniable. ing, will save lives, stop the spread of have always wanted ever since our Health care reform has achieved the disease or keep it from getting founding; that is, a government that at many goals that the American people worse. Diabetes, undetected, uncontrolled, the national level recognizes limits to wanted us to do: One, expanding uni- and unmanaged, can result in the loss its power, recognizes that whenever versal access. Now 32 million people of an eye, a kidney or a leg, all because government acts it does so at the ex- will have health care they did not have one has lost their health insurance. Be- pense of our individual liberty. before. Second, it breaks the strangle- cause of what we have done in the Af- When the Federal Government acts, hold of insurance companies, ending to a significant degree it does so at the fordable Care Act, not only will people their punitive practices, particularly have health care, but they will have expense of our State governments, gov- in those areas of preexisting conditions the preventive services where, early on, ernments which are closer to the peo- where they denied health care because they will be able to examine exactly ple and often more responsive to the a child might have autism or asthma where they are and have access to a di- needs and to the evolving demands of or for women where they had a par- abetic educator and have the moni- the people. This is not simply a techni- ticular approach where they charged us toring and coaching they need and, cality upon which we are involved in a more than for men of comparable hopefully, the diabetes comes under discussion. This is a very important health status—30 percent more. Then control and the health care costs come part of the political process. It is essen- they treated simply being a woman as under control. That is what we did in tial that any time we raise taxes, we do a preexisting condition, or a preg- this bill, and I am very proud of it. so in a way that is clear to the people nancy, sometimes the need for a C sec- I travel my State a lot. As I went and that we stand accountable to the tion. In some States being a victim of from diner to diner out there in the people for raising taxes. The courts do domestic violence was considered a communities, where I could talk to the not have the expertise to do that, and preexisting condition. We ended that people unfettered, unchoreographed, yet they exercised that power today. practice. they said to me: BARB, I not only worry As the majority opinion today re- We also saved and strengthened about losing my job, but I worry about minded: Medicare, and we emphasized preven- losing my health insurance. I don’t The Supreme Court of the United States tion, early detection, and screening. know what will happen to my family. I possesses neither the expertise nor the pre- That will save lives, improve lives, and fear that I am one health care catas- rogative to make policy judgments. Those also save money. trophe away from family bankruptcy. I decisions are entrusted to our Nation’s elect- I am proud of what we did in Con- ed leaders who can be thrown out of office if want to make sure my family is taken the people disagree with them. gress with the universal coverage. For care of. the first time in our history we are This reminds me of one of my favor- I talk to small businesses. How can committed to covering every single ite quotes from our country’s greatest they afford that? They need predict- American with health care. It helps Founding Father, George Washington, ability and understanding and they young families to be able to look out who said something very similar way need access to something called the for their children. It helps young back in 1789, when he explained: health care exchange, where it will be adults recently graduated from college, akin to an economic mall, where they The power under the Constitution will al- some looking for a job, some working ways be in the people. It is entrusted for cer- will be able to go to the health ex- tain defined purposes and for a limited pe- in startups where there is no health in- change and see the whole lineup of pri- riod to the representatives of their own surance. vate health insurance companies and choosing. And whenever it is executed con- Because of health care reform, 52,000 the benefits they offer. Small busi- trary to their interests or not agreeable to young adults in Maryland will have nesses will be able to navigate that and their wishes, their servants can and undoubt- coverage on their parents’ policies see what they need and what they can edly will be recalled. while they go back to school, look for afford for the benefit of their workers. This reminds us of the fact that we as a job, or get that entrepreneurial spirit This is the American way. This does Americans are in control of our own going. use market techniques, but at the same destiny as a nation. We as Americans Then there are these punitive prac- time we don’t use the free market to are here and have the prerogative to tices of the insurance companies. Much endanger the people in terms of uni- explain what we want and what we do has been said about how we interfere versal access and some of these others.

VerDate Mar 15 2010 01:20 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.032 S28JNPT1 smartinez on DSK7SPTVN1PROD with SENATE S4704 CONGRESSIONAL RECORD — SENATE June 28, 2012 There are many things in this bill. The PRESIDING OFFICER. Without preventive health services, will also One of the other things I like so much objection, it is so ordered. now be saved and our seniors will be was that we insist that 80 percent of Mr. CARDIN. I ask unanimous con- able to continue to receive those bene- the premium we pay goes into health sent to speak as in morning business. fits. care, not into the executives’ pockets The PRESIDING OFFICER. Without On the doughnut hole, the coverage for perks, privileges or profits. objection, it is so ordered. gap on prescription drugs will save $3.7 I believe in the free enterprise sys- Mr. CARDIN. Madam President, I billion for 5.2 million seniors, with an tem, and I believe in profit, but I don’t take this time to comment on the Su- average of $651. This is real money. believe in profiteering. So we said 20 preme Court decision on the Affordable This is the difference between some percent goes into administrative costs, Care Act. This was a good day for the seniors being able to take their medi- and if they can control those, they will American people. It allows us to move cines or having to leave them on the make a bigger profit. But 80 percent forward with providing universal pharmacist’s desk. That is now also has to actually go to rewarding pro- health care coverage for all Ameri- protected. viders for the health care they do, for cans—affordable, quality health care. Insurance companies will provide al- their education and training. I think it I wish to quote from a former Mem- most 13 million Americans with over $1 is terrific. ber of this body when he said: billion in rebates in 2012. We put into Part of the bill has already kicked in. For me, this is a season of hope, new hope the health reform proposals protec- My constituents in Maryland will see for a justice and fair prosperity for the many tions against excessive premiums by over $5 million returned to them be- and not just for a few, new hope. And this is private insurance companies. Well, cause we insisted on this provision. We the cause of my life, new hope that will that is going to save consumers in are for providers getting what they break the old gridlock and guarantee that America over $1 billion. And 105 mil- need in terms of reimbursement but at every American—north, south, east, west, lion Americans will no longer have life- young, old—will have decent, quality health the same time looking at and making care as a fundamental right and not a privi- time limits on their coverage. sure it goes into the health care they lege. Insurance should be there to protect you. Before the Affordable Care Act, need. That was a statement from our Today we have had the ruling of the there were limits that might not have former colleague, the late Senator Ted Supreme Court. I was out there on the covered extraordinary costs, cata- Kennedy, on August 26, 2008. This Con- steps of the Supreme Court, and I loved strophic costs. We now have that progress acted and did what was right to every minute of it. As you know, I got tection as a result of the Affordable move this Nation forward to join all into politics as a neighborhood pro- Care Act and the Supreme Court’s up- the other industrial nations in the tester. I fought a highway and the holding that decision today. world to say health care is a right, not downtown establishment and I fought It is also important for small busi- a privilege. the political bosses. When I talk to nesses. In 2011, 360,000 small businesses The Supreme Court today recognized young people around the world—par- took advantage of the tax credit that it was Congress’s responsibility, and ticularly those with aspirations in helps small companies afford to buy Congress had the legal authority to autocratic or dictatorial environ- health insurance for their employees. move forward. As a result of this deci- ments—I tell them that in America When we fully implement this bill in sion, we are going to find that $10.7 bil- when you are a protester, they don’t 2014, small companies will enjoy the lion has been recovered already today put you in jail, they send you to the same larger pools and lower premiums by dealing with waste, fraud, and abuse Senate. I am here because of the first that larger companies enjoy today in in the Medicare system. We will be able amendment of the Constitution—free covering around 2 million workers. So to continue with those programs that speech, freedom of assembly. we have already made a significant When I was out there on the steps make our health care system more af- amount of progress as a result of the today and heard the roar of the crowd, fordable. We will be able to continue Affordable Care Act and the Supreme whether it was the tea party who had health care coverage for those between Court upholding that law today. access to a microphone or whether it the ages of 19 and 25 who are now on I wish to talk a minute about the Pa- was me who had access to a micro- their parents’ health insurance policy; tients Bill of Rights. One of the major phone, I knew the Founders’ vision of 3.1 million young adults have benefited parts of the bill was to take on the America had worked. They believed in from that provision of the Affordable abusive practices of private insurance limited government. They believed in Care Act that was upheld by the Su- companies. We all know that was at checks and balances. No President preme Court today. risk if the Supreme Court did not up- should have unlimited power. No Con- Seventeen million children with pre- hold the actions of Congress. As a re- gress should have unbridled power, and existing conditions can no longer be de- sult of upholding the actions of Con- the Supreme Court would be an inde- nied coverage by their insurers. That gress, we now find, for example, access pendent judiciary to act as referee. provision is now safe as a result of the to emergency care, a provision I President Obama proposed a bill. We Supreme Court decision. And 5.3 mil- worked on, says it is prudent for you to duked it out in the Congress and we lion Americans on Medicare have go to an emergency room if you are passed it and sent it out into the land. saved, on average, $600 on their pre- having shortness of breath, if you are There have been legal challenges. It scription drugs. having chest pains. It is the right thing went to the Supreme Court, and the As you know, we worked in this Af- to do to go to the emergency room and Court looked at the bill not for utility fordable Care Act to close the coverage that your insurance company has to or even desirability, they looked at it gap—the so-called doughnut hole—on pay for that visit. It can’t go by your for constitutionality. Today, they prescription drug coverage for our sen- final diagnosis that it may not be a ruled that the bill was constitutional. iors. In upholding the Affordable Care heart attack. After you get your bill, I am sure somewhere there is Tom Act, the Supreme Court allows us to and it is not paid for by your insurance Jefferson, John Adams, and his wife continue to make sure that coverage company—you might have a heart at- Abigail, who said they lived the Con- gap is eliminated. tack—this bill protects a person and stitution, and in that health care bill, There are 70,000 Americans with pre- makes sure insurance companies do not by the way, John, they didn’t forget existing conditions who now have the use abusive practices against you. the ladies. security to know their coverage is safe. Access to women’s health care is I yield the floor and suggest the ab- In addition, in 2011, 32.5 million seniors guaranteed under the Patients Bill of sence of a quorum. received one or more free preventive Rights. Access to pediatric care and The PRESIDING OFFICER. The services. So far in 2012, 14 million sen- choice of health care professional as clerk will call the roll. iors have already received these serv- your primary care—all that is in what The assistant bill clerk proceeded to ices. we call the Patients Bill of Rights that call the roll. The expansion of benefits in Medi- protects you against abusive practices Mr. CARDIN. Madam President, I ask care that was under the Affordable of private insurance companies. unanimous consent that the order for Care Act, providing the wellness exam Clinical trial coverage is also here, the quorum call be rescinded. and eliminating the copayments on and the provision I worked on, health

VerDate Mar 15 2010 01:20 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.036 S28JNPT1 smartinez on DSK7SPTVN1PROD with SENATE June 28, 2012 CONGRESSIONAL RECORD — SENATE S4705 disparities. We know we pay a heavy Mr. LAUTENBERG. Madam Presi- cancer screenings, such as Pap smears cost in America because of health dis- dent, I ask unanimous consent that the and mammograms. Since the 1950s, cer- parities in minority populations and in order for the quorum call be rescinded. vical cancer screenings have cut mor- gender issues. We now have a National The PRESIDING OFFICER. Without tality rates by more than 70 percent. Institute for Minority Health and objection, it is so ordered. Think about that—70 percent of the Health Disparities at the National In- Mr. LAUTENBERG. Madam Presi- people are alive now who otherwise stitutes of Health. That will help us dent, today, June 28, 2012, 30 million would have died if they didn’t have the understand why we have these dispari- American people gave thanks, and it is coverage. ties in our system and what we can do because the Supreme Court this morn- Young people have benefited as well. to reduce those disparities, because it ing upheld the health care law that More than 73,000 young adults in New is the right policy for America and it will provide those 30 million people Jersey obtained health coverage last will also save us money. That law now with access to affordable health insur- year through their parents’ insurance is protected. That institute is pro- ance. plans. This has brought their parents tected and is no longer in jeopardy as a Today is a proud day for America and peace of mind, knowing that their chil- result of the Supreme Court’s uphold- for the values we cherish because on dren, who may have just graduated ing of the Affordable Care Act. this day our Nation’s highest Court has from school and are making their way Let me talk about oral health care. reaffirmed that America is a country in the world, will be covered with in- We have talked frequently on the floor that works for everybody, not just a surance if they need it. here about Deamonte Driver, the 12- privileged few. We fought for these val- But even with the Supreme Court’s year-old in Maryland who, in 2007, had ues for many years, and this victory is decision, our friends the Republicans no health insurance and could not get just the latest in America’s long strug- continue to fight our efforts. They are access to dental care and lost his life. gle for a fairer and more equal country. again showing they will stop at noth- We said that was not going to happen We took the first step 77 years ago ing to make seniors have to pay more again in our State, or anyplace in the when President Franklin Roosevelt for medications, more families going Nation, and we are proud that chil- signed Social Security into law, ensur- bankrupt, and more parents having to dren’s access to pediatric health care— ing that in this country no senior choose between feeding their children dental care—is protected under the es- would go hungry. Thirty years later and taking them to the doctor. sential benefit provisions in the Afford- President Lyndon Johnson helped Our colleagues across the aisle keep able Care Act that was upheld by the America take the next step when he telling us that they want to repeal and Supreme Court today. created Medicare and Medicaid, ensur- replace health reform, that they sim- I also want to comment on the im- ing that our seniors and the most vul- ply favor other solutions, but they portance of the legal decision beyond nerable among us would always have have no proposals and no ideas on how health care. To me, it shows the Su- access to health care. And today our ef- to do that. Instead, they just keep giv- preme Court was able to find a way to forts to ensure that every American ing the American people the same mes- advance the rule of law and to follow has access to quality health care has sage: Give your benefits back; we can’t precedent we have seen in upholding been given the stamp of approval by afford it—in this rich Nation of ours. Well, I have a message for my friends programs such as Social Security and our Supreme Court. Today we estab- Medicare, which are mandatory insur- here in this place where care is so care- lished our belief in America, the ance programs. It is the right decision fully given: If you don’t want Ameri- wealthiest Nation on Earth, that it is on the rule of law. It is the right legacy cans, I say to colleagues here, to have our moral duty to make sure everyone for this Court to find a way—in a Su- affordable health coverage, then you can keep themselves and their families preme Court that has nine different ought to give yours back. That is what healthy. I say. The Republican hypocrisy is Justices with different views—to come A little more than 2 years ago, we stunning. As Members of Congress, together on an opinion that upheld the heard the call of Americans struggling authority of Congress to act on a major politicians have access—all of us—to to pay for health care—parents who national problem. world-class health care, but they are had to choose between keeping their Now it is time for us to move for- determined to take away the lifeline ward. This issue has been litigated. The children healthy and putting food on that health reform law offers to fami- Supreme Court is the final arbiter of the table and seniors who couldn’t af- lies who really need it. this decision. It is constitutional. I ford lifesaving medication. So we Let’s be clear. Without this law, in- urge my colleagues, both Democrats passed and President Obama signed surers could once again restrict bene- and Republicans, to work together to into law the Affordable Care Act, and fits, cancel coverage when people get implement this bill in the best manner already millions of Americans are sick, and refuse care to people with for the people of this Nation. We know reaping the benefits of this law. preexisting conditions. The Repub- we are saving money, we know the Thanks to health reform, insurers licans want to return to the days when Congressional Budget Office says the can no longer deny people coverage for it was legal for insurers to turn away implementation of the Affordable Care a preexisting condition. If someone has sick children, to say: Sorry, you are Act will save hundreds of billions of cancer or some other longtime sick- not covered by insurance. No matter dollars over the first 10 years and then ness, insurers can’t deny them cov- how sick you are, we can’t give you trillions of dollars beyond that in our erage if they are already sick from any help. health care system. Let’s work to- these conditions. Up to 17 million chil- And I say to my Republican col- gether to make sure it works. Let’s dren with preexisting conditions are al- leagues, stop attacking the American work together in the interest of the ready benefiting from this provision. health care plan, not the Obama health American people. Let’s put our par- Under the Affordable Care Act, insur- care plan. Start working with us to en- tisan fights aside, let’s accept what the ance companies are prohibited from sure a healthy and happy future for all Supreme Court has done, and let’s canceling coverage when people are of our children and grandchildren. move forward to get this law imple- sick. And more than 3 million people in Americans don’t want to relive the mented in the most cost-effective way my State of New Jersey no longer have health care debates with the lies about so we can indeed achieve the goal Sen- a lifetime limit on their health insur- death panels and socialized medicine. ator Kennedy was talking about—that ance coverage. The American people want us to move every American should have access to Today millions of seniors are already forward and work together to lower affordable quality care in the richest receiving free preventive health serv- costs and make sure no American gets Nation in the world. ices and are saving an average of $600 a left behind. That is what the American With that, Madam President, I sug- year on prescription drugs. And it is people deserve from us. They send us to gest the absence of a quorum. not just seniors who are seeing lower this place for 6 years at a time. That is The PRESIDING OFFICER. The costs; almost 2 million New Jerseyans the America we must believe in. That clerk will call the roll. with private insurance now receive pre- is the America we fight for. And today The bill clerk proceeded to call the ventive health service at no additional we are one step closer to making that roll. cost. For women, these services include America a reality.

VerDate Mar 15 2010 01:20 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.037 S28JNPT1 smartinez on DSK7SPTVN1PROD with SENATE S4706 CONGRESSIONAL RECORD — SENATE June 28, 2012 I speak for myself. Some years ago, I That is not the problem. The problem The second point I would like to was 18 years old and I signed up to with health care is not the lack of how make is that no one in this country has serve my country in World War II. It much we tax, it is the lack of choices suggested that health care needs to be was a dark moment in our history. The people have and the competition when fixed through a massive tax increase. war was at its height. My father was on it comes to purchasing health care. Let’s find a better model to fix health his deathbed. He was just past 42 years Many of us want to give people a care than hundreds of billions of dol- of age. He had cancer, acquired—like chance to buy health care outside of lars of new taxes. his brother and his father did—from the State in which they live, which A final thought is, how do we move work in the mills of Paterson, NJ. That they cannot do today. Many of us be- forward? In November of 2012, every is what they had. My mother was a 37- lieve some form of medical malpractice person who voted for Obama health year-old widow. Things were tough. reform will lower costs. Many of us are care told their constituents this is not Things were difficult. I had a little sis- for preventing preexisting illnesses a tax. They owe it to their constituents ter. My father died, and we all grieved. being used to deny health care. to go back and say: Listen, the Su- I was already enlisted in the Army, and I would like to give individuals the preme Court said this can only stand they permitted me to stay home until same tax writeoffs as businesses have with it being a tax. I am either OK my father passed on. But what hap- when it comes to purchasing health with that or I would like a second pened is not only did my father leave care, and I am willing to help those chance to fix it. grief, but he left bills—bills for hos- who do not have the money to buy President Obama is a good man and pitals, for pharmacists, for doctors. health care to be able to purchase sincerely believes that health care People shouldn’t have to go through health care in the private sector. needs to be reformed in a certain way. I am willing to do a lot of things, but that. The coverage ought to be there I agree it needs to be reformed but not I am not willing to impose a massive that says: We will take care of you. in this way. The President owes it to tax increase to fix health care. Also, I You are an American citizen. Be proud the American people to correct his do not think it is fair for people in the of that. And don’t let anybody fight to statement when he assured us all this body, during the debate on a bill, to was not a tax increase. Many Ameri- take away your rights to protect their say: This is not a tax increase, vote for cans found comfort in that. I have al- rights. No, that is not a balance. the bill, and wind up having to be told Mr. President, I yield the floor, and I ways believed the Court could uphold by the Court the only way this is legal suggest the absence of a quorum. this law under one theory and one the- is for it to be a tax increase. The PRESIDING OFFICER (Mr. ory only. I never believed the com- Here is my challenge to every Mem- merce clause was so broad that we in BLUMENTHAL). The clerk will call the ber of the Democratic Party who said Congress could compel someone to buy roll. this was not a tax increase when we de- The assistant bill clerk proceeded to a product they did not want. The Court bated the bill. I am asking now, if they call the roll. said today that the commerce clause did not want to increase taxes to fix Mr. GRAHAM. Mr. President, I ask cannot be used in such a fashion. health care, repeal this bill and work unanimous consent the order for the The bill was sold as a power within with me and others to find a way to fix quorum call be rescinded. the commerce clause. The Court said health care without a massive tax in- The PRESIDING OFFICER. Without today the commerce clause will not crease. If after the Supreme Court rul- objection, it is so ordered. allow Congress to make the public buy ing they are still OK with the legisla- Mr. GRAHAM. I ask consent to be a product. That is not commerce. That tion, be honest enough to go back recognized for 5 minutes to speak should make all of us feel better that home and say: I raised your taxes to fix about the Supreme Court’s ruling. there are some limits on the commerce health care because I thought that was The PRESIDING OFFICER. Without clause vis-a-vis our Congress. But the the right thing to do. objection, it is so ordered. Court did say when it comes to the Then let’s have a debate about Mr. GRAHAM. Mr. President, there power of a tax to tax, the Congress’s whether that is the right thing to do. I are a couple observations I would like discretion is broad. That is constitu- can promise, it is not the right thing to to make about the historic ruling by tionally true, and it has always been have a debate where the President of the Supreme Court today. No. 1 is so. The Congress has the power to raise the United States and the architects of about the legislative process. Members taxes to pay for a war. Even though we the bill assure everyone they are not may disagree with the war, we have it of Congress during the debate on having a tax increase when, in fact, Obama health care had a very pas- in our power to say for the public good that is the only way this bill can stand. we are going to raise taxes to pay for a sionate, heated debate which is part of I believe we all owe it to the Amer- democracy. As I recall the debate, war. ican people to be on record. If after to- Congress also has the power, in my when people on our side suggested this day’s ruling Senators are still for this view, to say: The health care system is is a tax increase, that all the fines and legislation, have the courage to tell the broken. We are going to raise taxes to costs associated with the health care American people: I am for it, even fix it. I don’t think that is the right an- bill would be a massive tax increase, though I had to raise your taxes to swer, but I think that is within our our friends on the other side, almost to make it happen. Stand behind what power. a person, said: No, this is not a tax in- they believe. If someone believed at the The Court said today the fine is real- crease. President Obama assured the time this should not be considered a ly a tax. Now that we know it is really American people during the debate tax increase and they are upset or they a tax, what are we going to do about it? that the fine is not a tax. are worried that it is now being called Are we going to leave in place the larg- I think the reason that was so is be- a tax increase and they think that is est tax increase in modern history to cause if we debated this bill and the wrong, have the courage to say let’s fix health care or are we going to be only way we could pass the bill is using start over. Nobody is going to hold it smart enough, wise enough, and coura- the power of Congress to tax under the against a political leader who is willing geous enough to start over? I hope we Constitution, there would not have to change their mind if it makes sense. are wise enough, courageous enough, been 10 votes for the legislation. No- I cannot think of a better oppor- and smart enough to start over and body would have wanted to go home tunity for Congress to revisit an issue this time do it in a way that is truly and say I just increased your taxes by than this. If there is ever a bill that bipartisan. billions of dollars over the next 10 needed to be revisited it is the Obama The worst possible outcome for the years to fix health care, because I health care bill. It needs to be revisited American people is for the Congress to think most Americans believe our and it needs to start over because it pass legislation that affects one-fifth health care in this country needs to be was passed on a party-line vote. It was or one-sixth of the economy and say reformed, and it is in many ways bro- passed with statements being made this is not a tax, and at the end of the ken and needs to be fixed, but there are that this is not a tax increase when it day that is the only way the law can very few people in this country who be- turned out to be. I hope we have the stand is for it to be a tax. lieve we don’t tax enough and that is wisdom and the courage to start over So I hope between now and the elec- the problem with health care. and sort of get this thing right. tion we can have another debate about

VerDate Mar 15 2010 01:20 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.039 S28JNPT1 smartinez on DSK7SPTVN1PROD with SENATE June 28, 2012 CONGRESSIONAL RECORD — SENATE S4707 health care. All those who stand by it is going to be a wake-up call for a lot chairman of the American Conserv- this product need to tell their constitu- of people in America. I think it will, as ative Union. It is an op-ed by Al ents: I believe in this product, and I am he suggested, have a profound effect on Cardenas, who is the chairman of the willing to tax you in a large way to the elections in November when people American Conservative Union. He pre- make it happen. If we had had that de- realize the Court has ruled that people sents a strong case as to why this is bate to begin with, this bill would have who don’t have coverage are going to the conservative position that should never passed and we would have be penalized by $695 per individual, and be taken. worked together. Second chances are families who do have coverage will I ask unanimous consent that the hard to get in life. Congress now has a have to pay an additional about $2,100, statement and op-ed piece by the chair- second chance. and the employers of America are man of the American Conservative going to be dealing with the govern- One final thought about Medicaid ex- Union be printed in the RECORD. pansion. Congress said we are going to ment exchange. People are going to be concerned about it. I think they are There being no objection, the mate- expand Medicaid dramatically under rial was ordered to be printed in the this proposal to insure people not cov- going to want to send people to Con- RECORD, as follows: ered by Medicaid today. If you are 133 gress in both the House and the Senate percent above poverty, you would be and in the White House who are going [From the Examiner, June 21, 2012] included in Medicaid. In my State 31 to change this system. CONSERVATIVES SHOULD BREAK percent of South Carolinians would be So I stand on the Senate floor and TRANSPORTATION BILL GRIDLOCK say that is what I am predicting and eligible for Medicaid under the Obama (By Al Cardenas) we will see what happens. health care formula. That would mean The spending and debt crises of the past an additional $1 billion of a matching HIGHWAY REAUTHORIZATION I want to make one comment because few years in Washington have forced an im- requirement by the State of South portant debate about the proper role of gov- Carolina to get the Federal money. we are going to vote shortly on a sig- ernment, and the need for prioritizing gov- That means my State would have to nificant bill. It is the highway reau- ernment spending. cut education, raise taxes, or cut pub- thorization bill. It makes me very The failed $800 billion stimulus, TARP, lic safety to come up with the money proud because we have been trying for countless bailouts and Congress’ failure to to match Medicaid expansion under the a year and a half to do this. When we make a serious attempt at controlling our Obama health care act. passed the last highway reauthoriza- $16 trillion debt have given many conserv- The Supreme Court said we cannot tion bill, it was in 2005. At that time I atives rightful anger over how Washington spends our money. do that to the States. We cannot ex- was the chairman of the Environment and Public Works Committee. It was, Unfortunately, well-placed mistrust in pand Medicaid dramatically, which will Congress’ ability to spend our tax dollars is bankrupt States and tell them if they as I recall and going from memory, a $286.4 billion bill. It was for 5 years. Of now jeopardizing legitimate spending don’t agree with the expansion, they projects, chief among them this year’s trans- lose all the money under the program; course, that expired in 2009. The problem we have had since 2009 is portation funding bill. If Congress fails to that is coercive. act by June 30, important transportation that we have been operating on what In September of last year, along with projects critical to our national defense and they call extensions. Most people are Senator BARRASSO, I introduced legis- our economy will lose their funding. The ef- not aware that when we operate on ex- lation called the Graham-Barrasso bill, fects on our already suffering economy will tensions, we are operating with the be far-reaching and profound. which would allow States to opt-out of same amount of money we are spending Obama Medicaid expansion and still re- While there are important disagreements out of the highway trust fund, but we between members of the House and Senate ceive the money they receive under the are only getting two-thirds of what we on this bill, enough consensus exists on the current program. That is basically would get if it were a reauthorization. broad framework that there’s no excuse for what the Court said we should be First of all, they can only do it in a not passing it in time. doing. So I hope the Republican leader short period of time. There is no plan- First, the current framework does not con- will impress upon the Democratic lead- ning, and they have all said we lose tain any earmarks. This is a monumental er to bring up the bill we introduced about 30 to 33 percent of the amount of achievement in its own right considering last September and legislatively allow ‘‘Bridge to nowhere’’ and ‘‘John Murtha’s spending power or money that should airport’’ served to make transportation ear- States to opt out of Medicaid expan- be spent on highways, bridges, and sion under ObamaCare if they choose marks the poster children of wasteful pork maintenance. spending. Second, the myriad of highway to. It is kind of funny because I have spending categories that used to serve as I guarantee there will be a bunch of been ranked as the most conservative hiding places for pet projects has been re- red and blue States opting out of Med- Member of this body at different times, duced from 87 down to 21. icaid expansion under this bill because and I am always in the top three. Yet Third, thanks to the leadership of Senator it will make them hopelessly bankrupt, I have always said I may be the most Jim Inhofe and conservatives in the House, and that is not the way to solve health conservative, but I am a big spender in the cumbersome and unnecessary environ- care for the poor. That part of the bill two areas: One is national defense and mental review process for road construction needs to be addressed too. the other is transportation, and that is projects will see significant reform. How This is a historic ruling by the Su- what this is all about. much reform is up for debate, but we’re preme Court, but for it really to be his- going to get something better than what we I have had occasion to talk to a lot of have now, that much is assured. toric in its fullest sense, Congress the new members of the conference should take this historic opportunity Fourth, not passing a bill will hurt our al- committee over in the House and ex- ready suffering economy. to revisit health care and get this right plained to them the conservative posi- While big-government Democrats mistak- without a massive tax increase. tion and the conservative vote on this enly place their economic faith in the reli- I yield the floor. I note the absence of is to vote for the highway reauthoriza- gion of government spending, conservatives a quorum. tion bill that is going to be coming up know the economic pump is best primed by a The PRESIDING OFFICER. The to us. Hopefully, it will be here to- robust private sector. Government cannot do clerk will call the roll. night. It is going back and forth be- much to stoke job creation on its own, as The bill clerk proceeded to call the tween the House and Senate. I believe evidenced by President Obama’s repeated roll. most of the conferees have already failures during the past three years. But gov- Mr. INHOFE. Mr. President, I ask signed off on this bill, so it is coming ernment can play a profound role in stalling job creation and hurting economic growth. unanimous consent that the order for up. It has been a long time in the mak- the quorum call be rescinded. Failure to pass a transportation bill would ing. I am very excited about it. have a negative effect on commerce and the The PRESIDING OFFICER. Without Let me also say that while I take the businesses that count on safe and reliable objection, it is so ordered. position that the conservative vote is roads. Mr. INHOFE. Mr. President, first of to vote for the highway reauthoriza- Perhaps most importantly, those of us who all, my friend from South Carolina ar- tion bill, I am not alone in this feeling. believe in constitutional conservatism un- ticulated very well what happened Mr. President, I would like to submit derstand that unlike all the things the Fed- today with the Supreme Court. I think for the RECORD a statement by the eral Government wastes our money on,

VerDate Mar 15 2010 02:17 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.045 S28JNPT1 smartinez on DSK7SPTVN1PROD with SENATE S4708 CONGRESSIONAL RECORD — SENATE June 28, 2012 transportation spending is at the core of have to pass first so you can find out them how much they are able to pro- what constitutes legitimate spending. what’s in it. Well, we found out what’s vide in health care coverage without Article One, Section Eight of the Constitu- in it. We have had 2 years to examine cutting jobs and without sinking the tion specifically lists interstate road-build- company. Many companies have ing as one of the delineated powers and re- this and we have seen parts of it being sponsibilities vested in the federal govern- played out, with more to come. worked out different types of agreement. In Federalist Paper #42, James Madi- I think what we have learned is this ments with employees and various son makes an early case for the federal gov- bill is fatally flawed and it ought to be types of plans based on their ability to ernment’s role in maintaining a healthy in- repealed. It doesn’t mean we don’t have provide that kind of coverage accept- frastructure, by stating ‘‘Nothing which health care issues we should deal with, able by both the employees and the tends to facilitate the intercourse between but we need to deal with it in a bipar- owners of the business. Now all of these the states, can be deemed unworthy of the tisan way that can be better explained agreements are wiped out because it is public care.’’ to the American people and that is af- determined that Washington will de- Let’s be clear—the legislation before Con- gress is still the product of a Democrat- fordable. It is labeled the Affordable cide what the minimum level of the ically-controlled Senate, and far from con- Care Act, but it is anything but afford- plan should be. Several business owners servative perfection. But there can be no de- able. In a time of deep recession and have told me they simply can’t run nying that it represents a marked improve- over a period of the last 2 or 3 years of their business in this economy on the ment over previous transportation funding a stagnant economy, this law adds a low margins, if any margins they are bills. Enough progress has been made, vic- burden of regulation and taxation that achieving, and provide that kind of in- tories won, and concessions secured from is working against our ability to come crease in insurance or opt out of it and Democrats, that conservatives should feel out of this deep hole of economic dis- pay a fine of $2,000 per employee. comfortable dropping their objections and working to ensure passage of a bill before tress. For those businesses with under 50 June 30. Americans found out what was in employees, there is an exemption. The road to reforming government spend- this bill, and I think it reaffirmed Other businesses have said: Guess ing will be long and winding, but conserv- many of their deep concerns about what. I have 47 employees. Does anyone atives have us headed in the right direction. going forward with a plan that tries to think I am going to hire over 50? No Mr. INHOFE. I am looking forward to wrap up the entire U.S. health care way. No way am I going to push myself having this. Certainly, my State of system in one big ball—2,700 pages into a category where I have to pay a Oklahoma is not the only State that worth. It reaffirms the people’s con- fine of $2,000 per employee if I don’t has bridges and road problems. cerns with federal rules and regula- comply with the health care mandates Another good thing we are waiting tions and taxes and mandates. The out of Washington, DC. So what we see on—and I feel very confident we are American people are saying that this is is a lot of payment of overtime for ex- going to be able to pass this out of the not how we want reform of our health isting workers but we don’t see hiring. Senate—is the pilots’ bill of rights, care system. We want to make it more We don’t see the expansion of hiring, which we are in the process of, hope- affordable and more accessible, but let- particularly in small business, because fully, getting done. When that time ting Washington essentially decide how of the so-called Affordable Care Act. comes, I would like to be recognized to to go forward without giving flexibility I have spoken to patients and doctors talk about some of the great exten- to the States and flexibility to the pri- all over the State of Indiana, including sions of justice to people who have vate sector to initiate reforms clearly health care providers, insurance com- been denied that justice heretofore just is not what the American people—or at panies, hospital administrators, doc- because they happen to be pilots. least the majority of the American tors who are part of a group and those I will yield the floor, and I suggest people—were wanting. individuals who are in a private prac- the absence of a quorum. Despite the promises that were made tice, and all of the other entities that The bill clerk proceeded to call the about the impact of this bill by those are engaged in health care. They all roll. who authored it and by the President, have major concerns with this law and The PRESIDING OFFICER. The middle-class Americans have found to a group, they have opposed this Af- clerk will call the roll. that the health care law is a massive fordable Health Care Act, or so it is de- Mr. COATS. Mr. President, I ask tax. The Supreme Court reaffirmed scribed. unanimous consent that the order for that today. This is not just a penalty; We have a dynamic medical device the quorum call be rescinded. this is a massive tax on working Amer- industry in Indiana, as we do in several The PRESIDING OFFICER. Without icans—and not just the rich. It is a tax States across this country. It is one of objection, it is so ordered. on the middle class and it is a tax on the cutting-edge, leading industries in The Senator from Indiana. every American taxpayer, even though terms of our ability to provide new and HEALTH CARE DECISION the President has insisted, now fa- innovative products to make people’s Mr. COATS. Mr. President, I come to mously, on YouTube and every news lives healthier and safer and to prevent the floor today to speak about the Su- station, that this was not a tax on the a number of unintended consequences preme Court ruling on health care. Ob- middle class or a tax on any Ameri- from various medical procedures. They viously, we were all glued to the tele- cans. learned after reading this act that they vision set this morning and watched Families have found out their insur- were going to be subject to a 2.3-per- this historic and momentous decision. I ance premiums are going up, not down, cent tax levied on their gross receipts was deeply disappointed with the rul- as was promised by those who sup- because they were a pay-for for this ing. I respect the Court and its work, ported this bill and authored this bill. bill. These companies that make pace- but I was disappointed that the Court Seniors have found out they may not makers, artificial joints, and surgical failed to strike down this law as many be able to keep the insurance plan they tools find that this tax is something anticipated they would. I was dis- have and could lose access to Medicare that drives them to the point where appointed because I believe the law has Advantage. Medicare Advantage is a they need to think about transferring been deeply and fatally flawed from the program many seniors have enrolled in their business overseas, or part of their very beginning. and found to be successful in address- business overseas, or not hire the It became a major issue, of course, in ing their health care needs at a reason- workers they wish to hire. This is a tax the 2010 election as people watched this able cost. imposed on one of our dynamic and in- massive bill that impacts every Amer- Business owners found out they novative industries that is leading in ican get passed without bipartisan sup- would be fined $2,000 per employee if our exports. This industry may no port. The procedures were worked they failed to provide workers with a longer be able to compete under this around and violated in order to pass— health care insurance plan approved by tax. even though it was against the will of Uncle Sam. I don’t know how many Just because this ruling that came the majority of the American people. business owners I have talked to in In- down today saying the health care law This was a 2,700-page monstrosity so diana over the past couple of years who is constitutional does not mean it is infamously described by the then- have said they have sat down with the right policy for us to go forward. Speaker of the House as something we their employees and discussed with The law remains unpopular and

VerDate Mar 15 2010 01:20 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JN6.003 S28JNPT1 smartinez on DSK7SPTVN1PROD with SENATE June 28, 2012 CONGRESSIONAL RECORD — SENATE S4709 unaffordable. I wish to state here today The PRESIDING OFFICER. The Sen- of all of us—should be to reinvigorate that I am committed to working with ator from Rhode Island. our economy so that not only can peo- my colleagues to repeal the health care Mr. REED. Thank you, Mr. Presi- ple have confidence in their health law and give our citizens the power and dent. care, but they can have the further and the flexibility to make their own deci- Today’s Supreme Court ruling that indeed very primary confidence that sions relative to their health care and the Affordable Care Act is constitu- they will have meaningful work. to use those innovative ideas that are tional and the law of the land is a vic- In that respect, I am glad Congress is out there to put a much better package tory, I believe, for Rhode Islanders and poised to take action that will enable together that addresses the real ques- for all Americans. Families will no millions of students and families tion of rising health care costs and ac- longer fear financial ruin if a child be- across the country to breathe a sigh of cess. comes seriously ill or face denial of relief about the student loans they I have traveled our State and lis- health coverage due to a child’s pre- need to borrow for the upcoming aca- tened to all of these providers and I existing condition, and they will no demic year. Everyone, from every sec- have asked them this question: If the longer have to worry that the terms of tor of the country, will tell us that the health care law is struck down by the their coverage will run out as they are key to our future is higher education, Supreme Court, what would you pro- being treated after a major medical that we cannot be competitive in a pose? Because we still have a problem emergency. world economy unless we have the best here. We have rising health care costs Indeed, tonight, all Americans can educated students in this country, that that have to be contained, we have an sleep a little easier knowing they and we cannot be the powerful force we access problem, and we have a number their children will have access to qual- have been in the world unless we have of other problems in terms of gaining ity, affordable health care. This is the education. access to coverage and payment for type of security we want for our chil- The key for so many jobs today is health care issues. What would you dren and what this law will provide. going on past high school into postsec- propose? I have a long list of answers. Indeed, for the first time in our his- ondary education. Yet we are days I have talked about it here on the tory, parents can, with some conaway—unless we act—from doubling floor. I talked about it during the cam- fidence, trust that whatever lies ahead, the loan interest rate we are charging paign. All across my State I have their child at least will have access to our students. talked about the things I have learned affordable health care. We couldn’t say There has been quite a bit of stalling from listening to the people who are on that with any confidence a few years tactics for months. I hope those tactics the frontline doing this business every ago—even 2 years ago—before we took are over, as the July 1 deadline ap- day. There are all kinds of innovative up this legislative activity. proaches. I hope we are soon to take solutions out there. There are all kinds This law has already benefited many action to prevent the doubling of the of things we ought to be looking at. I people in Rhode Island, including indi- subsidized Stafford loan interest rate. I would like to thank majority leader know all of us who support the repeal viduals, families, and businesses. Chil- HARRY REID for his tireless efforts to of the current law are committed to dren up to age 26 are now able to re- negotiate a bipartisan solution. I also bringing forward sensible, affordable, main on their parents’ health insur- wish to recognize and thank three cost-effective, quality-effective solu- ance plan. In Rhode Island, this has other individuals who were absolutely tions to our health care issues. benefited an estimated 9,000 young What the Supreme Court essentially adults and their parents. Over 15,000 critical in this effort, who were leaders, has done is say that this issue is for Rhode Island seniors have saved a total without equivocation, with deep conviction; that is, Chairman TOM HARKIN Congress. Congress represents the peo- of $14 million on prescription drugs of the HELP Committee, who led with ple. We need to be representative of the since the law was enacted, an average vigor throughout this effort; Senator people. So what we need to do now is of close to $600 annually. Seniors will SHERROD BROWN of Ohio, who has been listen to the people. It is the people continue to save on their prescription committed to this effort; and also our who will decide the future of health drug costs until the existing coverage colleague in the House of Representa- care for this country. I believe it is the gap is closed and will continue to have tives, Congressman JOE COURTNEY of people who will decide in this coming access to free preventive care such as Connecticut. They have been extraor- election. It is the people who will de- annual wellness visits and screenings. dinary. cide whether they want evermore Rhode Islanders can now expect re- Last January, Congressman COURT- bates if an insurance company spends Washington—evermore taxing and NEY and I introduced legislation to per- spending, evermore debt, evermore too much on administrative costs and manently extend the law that makes Federal mandates and regulations—or CEO bonuses instead of on their health college loans more affordable for mil- whether they want to approach this in care. lions of students across the country. a different way that can reduce spend- For too long, health insurance com- President Obama called on Congress ing, empower individuals, give States panies got away with increasing pre- to address the student loan interest greater flexibility, and bring forward miums and decreasing coverage, which rate hike in his State of the Union Ad- sensible, step-by-step, incremental, af- resulted in higher costs and unfair dress. Back then, many Republicans fordable, tested, proven ways of ad- practices. Beginning in 2014, Rhode Is- scoffed at the idea. In fact, they voted dressing our rising health care costs. landers will be able to purchase health for budgets that assumed the interest So the Supreme Court has turned it insurance on a new exchange, a single rate would double, and they did that back to Congress. It is our responsi- point of entry where they can evaluate without any apparent equivocation. bility now to go forward and represent the costs and coverage of health insur- But thanks to students and families all those who were not listened to when ance options. They will, indeed, for the across the country who raised their this bill was run through this Congress first time for many Rhode Islanders, voices and made themselves heard, my in a way that violated a lot of our pro- have a real choice about the health colleagues got the message: Fixing the cedures and in a way that I believe care they receive and the insurance student loan interest rate matters. It went against the majority will of the they purchase. According to Families matters a great deal. It matters to in- American people. Here we are, and now USA, 97,000 Rhode Islanders will have dividuals trying to build a better life it is back on us, and we now need to access to tax credits to make their cov- for themselves. It matters to parents stand up and take responsibility. Those erage more affordable. Thousands more whose dream to give their kids a who voted for it will be defending it, of childless adults will gain coverage chance at a better life depends on being course. Those who voted against it—or through the Medicaid Program. able to afford college. It matters to our those of us who were here, partly be- Now that the Court has spoken, I shared economic future because the cause it was an issue in the 2010 cam- hope we can work on a bipartisan basis single most important investment we paign—are here to not just simply say to do what we must do, and that is to as a nation can make is to educate our we don’t like what is there but to offer create jobs and improve our economy. young people. also positive solutions to the problem. This health care decision is a landmark So thanks to groups such as Campus Mr. President, I yield the floor. decision, but the work now—the work Progress, USSA, U.S. PIRG, Young

VerDate Mar 15 2010 01:20 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.048 S28JNPT1 smartinez on DSK7SPTVN1PROD with SENATE S4710 CONGRESSIONAL RECORD — SENATE June 28, 2012 Invincibles, and the Rebuild the Dream I yield the floor and suggest the ab- Committee and the Banking Com- coalition that pushed this issue to the sence of a quorum. mittee, who have put so much time forefront where it belongs. The letters, The PRESIDING OFFICER (Mr. into this bill, so much effort. We are e-mails, calls, visits, bus tours, and FRANKEN). The clerk will call the roll. trying now to get this important and campus rallies made a difference. The assistant legislative clerk pro- complex bill right and then to secure We should soon be voting, I hope, to ceeded to call the roll. the support of both sides of the aisle to keep this student loan rate low for an- Mr. REID. Mr. President, I ask unan- move it forward. A lot of work has been other year. However, it is important to imous consent that the order for the going into it. Everybody is working remember this is only a temporary, quorum call be rescinded. hard to try to accomplish what the ma- short-term fix. Now we need to develop The PRESIDING OFFICER (Mr. jority leader has spelled out. I am sure longer term solutions to the growing FRANKEN). Without objection, it is so he will tell us if there are any develop- burden of student loan debt, the rising ordered. ments. cost of college, and the need to improve Mr. REID. Mr. President, I want to POLITICAL PRISONERS higher education outcomes so students spend a few minutes and bring every- Mr. DURBIN. Mr. President, off and complete their degrees and get the full body up to date. We have had wonder- on and for some time I have come to benefit of their investment in edu- ful cooperation in the last several the floor to speak about an issue that cation. weeks. We have gotten a lot done. Our doesn’t receive a lot of attention, These are tough issues, but we have passing the three bills that are left to which is political prisoners in foreign to address them head on. Our economy do—student loans, flood insurance, and lands—journalists in Cameroon, an and our future depends on addressing the highway bill—would be a signifi- AIDS activist in Uzbekistan, and a lot these issues. cant accomplishment. We are going to of others. I am pleased that over the It is estimated, for example, that do it; it is only a question of when. years, working with many of my col- more than 60 percent of the jobs will A lot of the committees and the leagues, we have been able to see many require some postsecondary education chairs and ranking members worked of these innocent political victims re- by the year 2018. In 2010, only 38 per- late last night. I talked to CBO today. leased. Former Senator Brownback, as They didn’t get the information that cent of working-age adults held a 2- well as Senators CARDIN, CASEY, Ken- they started scoring until 4 a.m. They year or 4-year degree. We have very few nedy, LIEBERMAN, and RUBIO have all years to go from 40 percent to 60 per- are moving forward and doing their been part of a joint effort to deal with cent. That gap represents the challenge best. As with all agreements, things these political prisoners. we have in being a competitive eco- come up, and at this point everything Sadly, there is no shortage of polit- nomic force in the world. Certainly, if appears to be just right. The commit- ical prisoners in this world. They lan- we are ever going to close that gap, we tees of jurisdiction have indicated they guish in horrible prisons in places such have to make sure we do not double the have worked through all these matters. as Iran and North Korea. Today I want interest rate on Stafford loans, as a They have completed the drafting of a to focus on a number of them, and I first step. revised version of the conference re- will preface my remarks by apologizing But, as I suggest, there are many port. We expect this to be filed momen- ahead of time for my pronunciation of other steps we must take. We have to tarily—it could have already been these names. Some of these are ex- address the rising cost of college. The filed. tremely difficult to pronounce for cost of attending college has increased But what we have done many times those of us in the States, particularly by 559 percent since 1985—559 percent— is we have voted on what the House has from the Midwest. rising far faster than costs for gasoline, filed before they passed it. We have I suppose one might start typically health care, and other consumer items. done that many times. It is standard with the most outrageous case, but, Keeping student loans affordable and procedure. Right now we don’t have the tragically, all of the cases I speak to fit interest rates low is one part of the so- consent from all Senators to do that, that definition. Let me start with the lution. Providing more grant aid but that could be forthcoming. I will heartbreaking case from 6 years ago— through Pell grants and other pro- report back to the Senate within the that of Gambian journalist Ebrima grams is another. next hour, after I find out whether we Manneh. We need to call on institutions to do can finish this work tonight or whether Manneh was a reporter for the Daily their part to keep costs in check. Yes, we have to come back tomorrow. Observer newspaper. He was allegedly the college community has to rally Everyone stay tuned. At this point, I detained by plainclothes Gambian se- around this and has to think of innova- can’t express enough appreciation to curity officials. He was held incommu- tive ways to provide excellent edu- everyone—Democrats and Republicans nicado for years, although he was seen cation at a lower cost, a more afford- in the House and Senate. As I laid out during the initial years of his deten- able cost. States have to play a role to my chairmen at the lunch I had yes- tion by witnesses in at least one deten- too. When State support for higher terday, this has been truly an example tion facility and one hospital. No one education goes down, tuition goes up. of what legislation is all about—com- has seen him for years. It is possible he The crises of so many States—real cri- promise. Compromise really sounds died in custody. But imagine the pain ses, difficult crises—have forced them good. Legislation is the art of com- and uncertainty of his family, who to reduce their support for higher edu- promise—until you are faced, as a Sen- have no help and no answers. cation, and the result, as I suggest, has ator, with something you may not get The Economic Community of West been tuitions climb, and that is an- because of the overall good of the bill. African States Court of Justice, which other burden middle America and mid- Sometimes we have to understand that has jurisdiction over Gambia, and the dle-class, middle-income families are we have to give things up for the bet- United Nations Working Group on Ar- bearing. terment of this country. We cannot let bitrary Detention both ruled against I look forward to working with my the perfect be the enemy of the good. the Gambian Government on the case colleagues on developing a comprehen- So everyone understands that to this and called for his release. After years sive approach to addressing these point. of waiting, the Gambian Government issues. As I have indicated, we will know recently requested United Nations help Also, I would just like to say, I hope within the next hour, and I will report to investigate Manneh’s case and the we are on the verge—at least for the back as to whether we can finish to- death of one other journalist. next year—of avoiding a doubling of in- night or come back tomorrow. This was a welcome move by the terest rates on student loans. We have The PRESIDING OFFICER. The Sen- Gambian Government, and I hope ongo- a long way to go to ensure that every ator from Illinois. ing discussions with the United Na- American with talent and drive and the SURFACE TRANSPORTATION tions will expedite the investigation skills has the means to go to college. Mr. DURBIN. Mr. President, I thank and bring some resolution to the case This is an important first step. There the majority leader and especially Sen- and answers for Manneh’s family. are many more we must take, and I ators BOXER and INHOFE, as well as Some years ago, there was a change hope we do that very quickly. their counterparts on the Commerce in leadership in Turkmenistan, one

VerDate Mar 15 2010 02:17 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.050 S28JNPT1 smartinez on DSK7SPTVN1PROD with SENATE June 28, 2012 CONGRESSIONAL RECORD — SENATE S4711 that many hoped would open that times they react, and often in a posi- issues considered by the government to country’s closed and repressive polit- tive way. These people languishing in be too sensitive, such as labor strikes ical system. Unfortunately, President prisons do not believe anybody in the and the trials of two human rights law- Berdimuhamedov has yet to meet those outside world knows they are alive. yers. modest expectations. One would think Groups are trying to make sure others Cay’s arrest is part of a well-docu- in a country where the President wins are aware of that fact, and that is why mented trend in Vietnam in which na- an election with a 97-percent vote, and I come to the floor, as many of my col- tional security concerns have been where there is an annual week of hap- leagues do. cited as a pretext for arrests and crimi- piness, that Turkmen leadership could It is hard to believe in Europe there nal investigations. be more gracious to its political oppo- is still one regime like that of Alex- The State Department’s Human nents. Unfortunately, the following ex- ander Lukashenko. He is often known Rights report notes the Vietnamese amples demonstrate just the opposite. as the last dictator of Europe. I have Government is increasing suppression Gulgeldy Annaniyazov is a long-time been to Belarus twice, once with the of dissent, increasing measures to limit political dissident who left Turkmeni- Helsinki Commission group, led by freedom of the press, speech, assembly stan in 2000 to settle in Norway as a po- Senator CARDIN of Maryland, where we and association, and increasing restric- litical refugee. He reportedly returned actually met this President tions on Internet freedom. The trend is to Turkmenistan in June 2008 to visit Lukashenko; and most recently I went clear, and it is very concerning. his family and was arrested. After a there after the highly suspect 2010 elec- Secretary Clinton noted in a speech closed trial on October 7, he was sen- tions held in December. What was egre- last year on Internet Rights and tenced to 11 years in prison. gious about this election was that Wrongs, ‘‘In Vietnam, bloggers who Annakurban Amanklychev and President Lukashenko, on the night of criticize the government are arrested Sapardurdy Khadzhiev are members of the election, beat up and arrested all and abused.’’ the human rights organization Turk- the candidates who had the nerve to It is long overdue that Vietnamese menistan Helsinki Foundation. They run against him, as well as hundreds of leaders release Cay and stop harassing were convicted in August 2006 after Belarusian citizens who showed up in journalists and bloggers. trials of only 2 hours and sentenced to central Minsk to protest his actions. Lastly, on Saudi Arabia, our ally on 6 and 7 years in jail on charges that Lukashenko’s barbaric behavior, and many important issues, but also a were never very clear. that of his KGB henchmen—and, yes, friend with whom we have vast dif- Unfortunately, we don’t have a pho- Belarus still has something called a ferences when it comes to basic free- tograph of Mr. Khadzhiev. Turkmeni- KGB security service—earned him doms and women’s rights. Let me tell a stan Government officials have been sweeping condemnation from Europe recent story that is truly hard to be- quoted as asserting these individuals and the United States, further iso- lieve. were arrested and convicted for ‘‘gath- lating his nation and hurting his own Since early 2012, the Saudi Govern- ering slanderous information to spread people. ment has imprisoned 23-year-old public discontent.’’ Sadly, today, a year and a half after blogger Hamza Kashgari. His crime? He The legal bases for their detention this outrage, Lukashenko is still hold- tweeted an imaginary conversation are suspect at best and raise serious ing the man in this photograph. This with the Prophet Muhammad. That ac- concerns of political intimidation, Presidential candidate—Mikalai tion sparked a spate of death threats, questionable charges, closed trials, and Statkevich—was sentenced to 6 years causing him to remove the tweet and inappropriately punitive punishment. in a medium security prison for having flee to New Zealand in fear of his life. In May 2010, more than 20 Senators— the nerve to run against Lukashenko. While stopping in Malaysia for a plane and that is not an easy feat in the Sen- At least 6, and as many as 13, other transfer, Malaysian authorities de- ate—signed a letter to Secretary of protestors from the election still sit in tained him until their Saudi counter- State Clinton urging the administra- jail. tion to raise these cases with the Turk- This is outrageous in Europe today or parts swooped in and returned him to menistan leadership. I know the State anywhere on the planet, for that mat- Saudi Arabia under arrest. Department did in fact take those ter. It is time for President Luka- Back in the kingdom—facing accusa- steps, and I thank them, but I hope shenko to let this man and these peo- tions of blasphemy and calls for his they will continue. ple go. execution by top clerics—he repented In November 2010, the United Nations Next I turn to Vietnam. Although before the Saudi court and showed Working Group on Arbitrary Detention our bilateral relationship continues to great remorse, asking for forgiveness. released its opinion that the arrest and improve with Vietnam, we cannot ig- That was 4 months ago, yet he remains continued detention of the Turkmeni- nore the troubling disregard for free- imprisoned, awaiting his fate, with no stan Helsinki Foundation members is dom of speech in that country. It is il- sense when a decision will be made. arbitrary and in violation of the Uni- lustrated by the unfounded detention I can imagine his actions sparking a versal Declaration of Human Rights of the popular blogger Nguyen Van Hai, debate in Saudi Arabia, but leading to and the International Covenant on better known as Dieu Cay. calls for a death sentence for blas- Civil and Political Rights. That United Let me show this photograph of him. phemy? In today’s world, that is hard Nations group called on the Turkmen He is the head of the Free Vietnamese to believe. Government to immediately release Journalists’ Club, and as such Cay has Saudi Arabia has initiated steps to- them. been detained almost continuously by ward social, educational, judicial, and Sadly, they continued to languish Vietnamese authorities since 2008, economic reform, and we encourage under harsh sentences that include when he was convicted and tried for them to do more. Immediately freeing hard labor, torture, and forced psycho- trumped-up tax evasion charges. Mr. Kashgari would be an important tropic drug injections. In 2009, the U.N. Working Group on move. This man has suffered enough To the leaders of Turkmenistan, I Arbitrary Detention highlighted Cay’s and deserves his freedom now. say, if you want to change the image of case, as well as the ‘‘illegal arrests’’ These are just a sample of the many your nation in the world, you must re- and continued persecution of a number political prisoners who still suffer in lease these and other political pris- of other Internet bloggers. parts of the world. I want them and oners. In October 2010, on the day Cay was their families and the governments Some who follow this may wonder due to be released, having fulfilled his that unjustly imprison them to know what difference it makes if I make a sentence, he was transferred to a new they are not forgotten. I and my col- speech on the floor of the Senate about jail and re-arrested for violating a se- leagues here in the Senate will con- someone languishing in a prison in curity provision that prohibits propa- tinue to do our best to draw attention Turkmenistan. All I can tell you is gandizing against the government. The to their plight, work for their release, that after years of doing this, it does propaganda in question—3-year-old and stand up for the cause of human make a difference. It turns out, people blog postings. The subject of his propa- rights in the United States and around listen. And when they listen, some- ganda—freedom of speech, and other the world.

VerDate Mar 15 2010 02:17 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.052 S28JNPT1 smartinez on DSK7SPTVN1PROD with SENATE S4712 CONGRESSIONAL RECORD — SENATE June 28, 2012 Mr. President, I yield the floor, and I that were simply not seen in the same also did some more reforms, certainly, suggest the absence of a quorum. light between the House and Senate. on project delivery because all sides The PRESIDING OFFICER. The I would have to say, through all of agree it is taking too long to get some clerk will call the roll. this Senator INHOFE and I, Republicans of these public works projects done. It The assistant legislative clerk pro- and Democrats, on the EPW Com- is taking sometimes 15 years, 14 years, ceeded to call the roll. mittee were united. But we didn’t have 13 years to do a road start to finish or Mrs. BOXER. Mr. President, I ask that unifying factor with the House to do a bridge. We need to make sure unanimous consent that the order for Republicans. I want to thank every we can move faster because our econ- the quorum call be rescinded. member of the conference committee, omy needs that, but still, in my view, The PRESIDING OFFICER (Mr. Democratic and Republican, House and protect the rights of citizens through- BEGICH). Without objection, it is so or- Senate, because everyone worked ex- out this country to ensure their com- dered. tremely hard. They worked hard. They munities are taken care of, that there SURFACE TRANSPORTATION were knowledgeable. Their staffs is no damage to their communities, Mrs. BOXER. Mr. President, we are worked hard. They asked a lot of ques- that the air quality is protected, the anxiously awaiting work on the Trans- tions. They cared a tremendous water quality is protected. portation bill that came out of the En- amount about the policies. We were able to keep those environ- vironment and Public Works Com- The great news about the bill that is mental laws while we were tough on mittee, of which I am proud to be the coming out of the conference com- deadlines and milestones and very chairman. mittee is that it is a jobs bill, first and tough to say: This is it. If you can’t Last year we wrote a bill called foremost. It is going to save about 1.9 finish in this time, and we are trying MAP–21. That stands for Moving Ahead million—almost 2 million—jobs that to get this for 15 years to 8 years per for Progress in the 21st Century. I was are currently held in the private sec- project—if you don’t do that, you have proud to see this bill become a bipar- tor, and it will create up to 1 million to explain why. There has to be a real- tisan bill, with Senator INHOFE work- new jobs through an expanded TIFIA ly good reason why these projects ing with me and his staff and my staff program. TIFIA is a program that would be delayed. working together as one. When we got fronts the funds for local government I believe the funding in the bill is it out of the committee, I think it was to have a revenue stream, and the le- fair. Every single State is protected. a unanimous, or close to unanimous, verage on that is about 30 to 1. So if This is a 2-year-3-month bill. Every vote. you have an amount of approximately State will get the amount of money I know when our young people learn $1 billion, you will be able to get $30 they got last year, plus inflation. That how a bill becomes a law it sounds a billion of economic activity. So that is is very important. It is the current little easier than it really is. I often a good part that we can all be proud of. level of funding with the inflation put think, in my spare time I should write That is a fact. in, and every State can now know, if a little pamphlet on how a bill really The bill will be coming soon, we and when this bill passes, that they can becomes a law because I would say to hope. It is not here yet, and it is not count on that funding for 2 years and 3 the young people who are here today, done yet, but it is close. What we hope months. Everything is paid for. as well as those who might be listen- we will have before us is a bill that cre- There are a lot of comments about, ing, it is a little trickier than it sounds ates close to 2 million—I am so tired. I what did we do about pedestrian walk- because when we learn about how a bill have to say, I haven’t gotten much ways and bike paths. I want to be becomes a law in school, it is very sim- sleep in the past 3 days because we clear. That was an intense subject of ply put. have been working nonstop. negotiations. There were those who The bill starts in a committee in the I will say it again. We protect almost wanted no funds set aside for bike House or Senate, and it moves to the 2 million jobs that are currently held paths, pedestrian paths, and it was floor of that body. Then it starts in a in the private sector, and we will cre- very clear—safe streets, safe roads to committee in the other body, it moves ate up to 1 million; hence, the 3 million school, et cetera—we had to negotiate to the floor of that body. It passes both jobs that are relying on this bill. on this. Chambers. If it is identical, it goes to We have thousands of businesses that Honestly, I think what has come out the President. If there are differences, care a lot about what we do. These are is a good thing, and let me explain there is a conference committee, and general contractors, these are equip- why. We kept the same amount of then it goes to the President. The ment dealers, these are people in the funding, same set-aside percentage for President either signs it or vetoes it. If concrete industry. I can tell you these these transportation alternatives, but he signs it, it is a done deal. If he ve- organizations of business and labor what we said was, for the first time, toes it, we need to have a whole lot of have been behind us every inch of the half of those funds will go directly to votes—two-thirds—to override. way. When I was giving up hope be- locals, will go to the metropolitan So that is how it is taught in schools, cause I didn’t think we could move for- planning organizations, will go to the and it is absolutely true. But getting it ward, they were there to say: Keep on large cities. That is key because we to the point where we are now, where going. And they weighed in. I think the want the local people, who know their we await a conference report, is some- work product reflects the fact that we area best, making these decisions. We times a very long and winding path. would never, ever give up. protected those funds. The only way This one was a long and winding path. There is a lot of talk about, What did anyone in the State can use those I think we are where we are, at the Democrats give up? What did Repub- funds is if there is a nationally de- point where we hope to vote soon on it, licans give up? Let’s just say this is a clared disaster and there are some un- because people were willing to meet negotiation between Republicans and obligated funds around—yes, that could each other halfway. Democrats, a negotiation between the be borrowed but must be paid back I have been saying for a long time, House and Senate, and not everybody from any supplemental appropriation. we all stand in our respective corners got what he or she wanted. That is for On the State portion, which is the and insist that it is our way or the sure. other 50 percent, we built in more flexi- highway and nothing ever gets done. But I just want to say to people who bility, and there are a lot of people who We must come together, and the Sen- might be listening that in a negotia- are calling this a cut. It is not a cut. ate proved it can come together around tion nobody gets everything they want. Some States will use it all. I say to the our version of the highway bill. It You have to meet each other halfway, people in the States who are worried passed by 74 votes. We were hopeful the and that is what happened in this nego- about it, use your pressure, use your House would just take it up and pass it. tiation. power, use your grassroots strength to It didn’t happen that way. They wrote We both wanted to see this as a re- make sure you lobby your State legis- a less comprehensive bill; they sent it form bill. The Senate brought a pack- latures and your Governors to provide over; and then we went into a con- age together that took the 90 programs for safe streets to schools, for bike ference committee. There was a lot of down to 30, and that pretty much sur- paths, for pedestrian walkways. These difficulty because there were issues vived the conference committee. We are very important safety issues.

VerDate Mar 15 2010 01:20 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.053 S28JNPT1 smartinez on DSK7SPTVN1PROD with SENATE June 28, 2012 CONGRESSIONAL RECORD — SENATE S4713 I know not everyone is happy, but I BEGICH, thank you. You happen to be in ing: Pass the bill, get the bill done. I wanted to be clear on that. If the the chair, and I believe you were men- talked to this gentleman. He identified choice is between doing away with that tally effective for your State. Really, himself as a conservative Republican wonderful program, which I think is you made the case for fairness. I hope who is so much for this bill. One of the wonderful, or making a few concessions you are comfortable with how this bill most touching things that happened on flexibility, I think we did the right turned out. was that he introduced me to two of thing. I honestly do. I have never met a team of more his drivers who came over to meet me. This bill is all paid for. I have to dedicated staff—never. Again, they are As I stood there with these two gentle- thank so much Senator MAX BAUCUS not resting because we are not done. men and the owner of the business, I and his team, the Republican members Until we are done, they are not resting. realized how much they were counting of the Finance Committee, and also the But we are talking seriously about this on us. team in the House headed by Mr. CAMP staff getting 3 or 4 hours of sleep over What we do here matters. What we do because they came up with a pay-for the last 2 or 3 days. The issues were here should matter. What we do here is that people on all sides can live with. still coming at us in ways we could not literally life and death for the con- It gives us that security for 2 years and believe at noon today. Last night we struction industry, for the business end 3 months. had to work out some issues. and for the workers. We don’t have any riders on this bill. It has been, in many ways, a very dif- We know—our President and all of I know some people very much wanted ficult negotiation but certainly, if and us—we all know this economic recov- it. We don’t have them. It became part when this bill comes before us and it is ery is too slow. One of the things that of the give-and-take at the end of the passed, a very satisfying one. is weighing us down is the construction day. I have to mention Bettina Poirier, industry. One of the things that is Two provisions that I lament are not who is my chief of staff and chief coun- weighing it down is the transportation on there are the oceans trust fund, sel. I have never seen anyone more pro- sector. We know that if we do not do which is part of the RESTORE Act, and fessional, more energetic, more persua- our job and we pass another extension the Land and Water Conservation Fund sive. I have to thank her counterparts: here, that is a signal that the construc- that was also part of the RESTORE David, Grant, Andrew, Jason, Tyler, tion industry is going to suffer and suf- Act. I lament that those provisions are Mary, Kate, and Paul, all of whom were fer mightily. We cannot have that. We gone. I commit myself to working with just amazing. If I left anyone out, for- are on the brink of getting this done. Senator WHITEHOUSE on the oceans give me; I will correct it in the RECORD I know I have left out a lot of people trust fund and Senator BAUCUS on the if I did. I want to thank. I do not have really a Land and Water Conservation Fund to I have to say to the staff of Senator written speech here in front of me. I get that done. But I have to be com- INHOFE that you were amazing—part of will go back and I will correct the pletely, totally frank with the Senate; the team. You worked together. If we record if I left anyone out. But we are we just could not get it done. There had disagreements, we talked them close to getting this done. Whether it was nothing we could offer or give that out, but for the most part we were on is in the next few hours or more than a would allow us to move forward with the same page. So Ruth and James, few hours, I believe we will get it done. those two very critical environmental you know who you are. You also have All the people who brought us to this programs. had a very rough few days, working day—I should mention Senator REID, I tell you, our oceans deserve atten- very hard on this. our majority leader, who never gave up tion and our land deserves attention. Congressman MICA’s staff also even though I was—at one point, I am These issues are certainly not going worked very hard, and they are very sure he was ducking me as I walked away. Having said that, the rest of the tough negotiators, but we were able to around because I would always say: RESTORE Act is in this bill. That talk out our differences. It was not al- Let’s keep going, Mr. Leader. And he means those folks in the Gulf States ways pleasant to deal with it because did. He kept on going. who were so harmed by this horrible people see things in different ways, but When we went over to meet with BP spill will be able to use some of we got it done. Speaker BOEHNER was a very important those fines as they come in to restore— We are not out of the woods yet in moment, with Chairman MICA. It was that is why we called it the RESTORE the sense that we do not have the bill important. I think it helped us at that Act—restore their environments, re- before us. We are awaiting a decision point to realize that everyone did want store their fisheries, restore the dam- made by the leaders as to when we will to have a bill. age that was done by that horrific BP have this vote. But I would like to say I have to say that the Democrats in spill. We don’t know how much money that I believe, as I stand tonight, that the House—I am sure it has been very will come from those fines. We will really the work of the conference is difficult for them because they had so watch it very carefully. But we know completed, and that is very rewarding. many priorities as well. But they were that when they do come—if this bill The last thing I want to say is a huge very clear, day after day, pushing hard passes, and I am very hopeful it will— thank you to the outside groups that for a bill, until finally everybody came our Gulf States will have the help they have stood by my side this entire time. together and passed some messages to need. I tell you, I have had conference calls the conferees that said: Get the job I want to say to the people, particu- with them for months and months, done. And everybody came together on larly in Louisiana, whom I visited sometimes four times a week, some- that one—get the job done. many times, your Senators work very times three times a week, sometimes For me personally, this has been a hard. I would say MARY LANDRIEU took six times a week, seriously, sometimes very important day. This is a day when the lead on this. Senator VITTER was on Saturday, Fridays, Mondays—when- I think we are very close to getting a on the conference. I want to say that ever we needed to touch base. This is transportation bill done. MARY LANDRIEU—you know her well— an amazing coalition of people—work- It is also a day that President Obama is unrelenting, and she was very clear ers from organized labor, people from will forever remember, where the cen- with us. the construction trades. The chamber terpiece of his work was upheld as con- I want to say to my friend in the of commerce and AFL/CIO worked to- stitutional by the Supreme Court. We chair, from Alaska, how helpful he was gether. That is a rarity, you know, in all know we cannot go back to the days to us, pointing out some of the great today’s very difficult atmosphere when people with preexisting condi- unmet needs he is dealing with in his where everyone is arguing over every- tions suffered and could not get insur- State, a beautiful State, a very inter- thing—the granite people, the cement ance. We just cannot go back to the esting State that has unique needs. I people. days when being a woman was consid- want him to know how much I appre- I want to say something to a gen- ered a preexisting condition. It was im- ciated his working with us, giving us tleman—I will not identify his name— possible for her to get insurance. We the facts as we needed them. I also who brought a couple of cement trucks. cannot go back to the days when kids thank Senator MURKOWSKI, but I par- We had a rally. I think Senator BEGICH were thrown off their parents’ health ticularly want to say to Senator was there. After the rally, we were say- insurance at 18. We can’t go back to

VerDate Mar 15 2010 01:20 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.055 S28JNPT1 smartinez on DSK7SPTVN1PROD with SENATE S4714 CONGRESSIONAL RECORD — SENATE June 28, 2012 the days that seniors were going broke, to keep their insurance—at least not I just have to say that the first 10 having to choose between a drug that all people will be able to—and there years of the bill is going to cost three was lifesaving or having dinner that will be other different problems. There times what was estimated. night. is a real concern that under the legisla- In addition to delaying the major In my State, 6 million Californians tion the quality of health care will go spending provisions during the original are getting preventive services. They down. I believe that is accurate for a window of the legislation, here are are getting mammograms, cancer lot of reasons, and people like Dr. BAR- some of the other accounting gim- screenings, and everything they need RASSO and Dr. COBURN have explained micks, tricks, and maneuvers that the now because of this health care bill. that in great detail. drafters used to manipulate the score There are 300,000-plus senior citizens As a member of the Budget Com- the Congressional Budget Office gave who are getting help paying for their mittee, I want to share some thoughts to the bill, to manipulate how much prescription drugs and 300,000 more stu- about the financing of the legislation they would say the bill cost and to hide dents who are now on their parents’ in- to raise the issue of why we cannot go its impact. surance. forward with it. Well, one of the most significant We are going to hear a lot of outrage The President promised the Amer- things is a double-counted $400 billion. about how this was bad for America. ican people before a joint session of Can you imagine that? The U.S. Gov- Let me just say that I thought today Congress, right down the hall in the ernment, according to the score manip- was a critical day for America. No House Chamber: ‘‘Now, add it all up, ulation and the way it was done by the piece of legislation is perfect. We will and the plan that I’m proposing will CBO, utilizing complex rules of the have to fix this, that, or the other in cost around $900 billion over 10 years.’’ CBO to its advantage, the way it was everything we do whether it is in a Now, $900 billion is a lot of money, analyzed, they double-counted $400 bil- transportation bill or health care bill, there is no doubt about that. He said lion. So they cut Medicare expenses, but I think we need to move forward. that is how much it would cost over a they raised Medicare taxes, but they We need to not go backward. We need 10-year period. As we have all learned, took the money and used it to fund the to make sure that health care in Amer- that was a gimmicked-up number. It new bill and said they made Medicare ica doesn’t become such an expensive was fundamentally gimmicked up as a more solvent. In some ways, we could burden for all of our people because it result of the fact that the cost of the argue they did make Medicare insol- just drags down our families and it bill where it begins to pay out money vent because the money that was spent doesn’t enable them to do for their kids and will have real cost and the imple- on the health care bill was borrowed and for their moms and dads. mentation of the bill was delayed 4 from Medicare. They are debt instru- So I think today was quite a day for years. So you take a 10-year window, ments for Medicare. the history books, and I look forward and the bill is going to be out there for So my analysis of the legislation is to working across the aisle in every- 6 of those 10 years, and you announce it that Medicare got a benefit, but there thing we do here, whether it is trans- is only going cost $900 billion. was no money for the health care bill. portation or health care or anything Yet they counted it as being $400 bil- else, to make life better for people, not That is not the right question, is it. The right question for the American lion free to be spent without adding to to make it worse. I think if we all do the debt of the United States, but it that and if we listen to each other, we people to actually understand the impact of the legislation would be to ask does add to the debt. Medicare is going can get things done. broke. Medicare is going to call the I thank the Chair. how much it would cost over the first debt from the United States. It in- I notice there is no one on the floor 10 years of full implementation. That is creases the debt of the United States at this time, so I would note the ab- what you should be asking. We all $400 billion. It was counted both sence of a quorum. know that the numbers have come in places—as income from Medicare and The PRESIDING OFFICER. The on that. Under the CBO estimate income available to be spent on the clerk will call the roll. strictly adhering only to the insurance The legislative clerk proceeded to portion of the bill, I believe they came health care provision. That is a stun- call the roll. in as saying not $900 billion but $1,400 ning development. Mr. SESSIONS. Mr. President, I ask billion would be the cost over the first I got a letter from the head of the unanimous consent that the order for 10 years, but the true cost of the health CBO the night before we voted, Decem- the quorum call be rescinded. care bill is yet higher still. A complete ber 23, and he said, in effect—not in ef- The PRESIDING OFFICER. Without and honest assessment of the cost of fect, I think this is a direct quote: It is objection, it is so ordered. the President’s health care bill would double-counting the money, although HEALTH CARE DECISION include a full 10 years of spending the conventions of accounting might Mr. SESSIONS. Mr. President, I want starting in 2014. Adding up CBO’s esti- indicate otherwise. to share a few thoughts about the Su- mates for the different provisions in He told us in a letter before we voted preme Court’s ruling today and the sta- the bill, the President’s health care bill that it was double-counting the money, tus of the health care bill. will amount to at least $2,600 billion— but under the unified budget process I believe the health care bill cannot $2.6 trillion, not $900 billion. It is al- rule that was utilized here, it didn’t be justified as written and will have to most three times the estimated costs score. be changed. It will have to be repealed, over the true 10-year period. Now, that In addition, they counted $70 billion and we have to start over. It is just is how we go broke in this country. of extra income that would come from that simple. That is how this country is going the CLASS Act, which was designed for As ranking member of the Budget broke. We go through a whole debate, young people. The net result of that Committee, I began to look at the and the President insisted that is how was that in the first decade or so of the numbers we have had. Our team is much the bill was going to cost. CLASS Act’s implementation, healthy going to redouble their effort in the When the Democrats had a filibuster- young people wouldn’t make many weeks to come so we can know pre- proof majority in the Senate, they had claims and there would be a surplus of cisely how much this legislation will 60 Democratic Senators, and they in- $70 billion. But over 20, 30, 40 years, the cost. As that becomes more and more sisted it was going to pay for itself. CLASS Act goes into serious decline. understood by the American people, it They said there was more revenue than Its actuarially unsound. It was referred will be clear that we do not have the needed to pay for the cost of the bill, so to as a Ponzi scheme by the Demo- money to pass the bill. don’t worry about it, be happy. On cratic budget chairman, Senator CON- I know a lot of people are confident Christmas Eve, without amendments RAD. Finally, the Secretary of HHS that it will undermine the right of an and after much secret debate and a bill could not certify it as a sound pro- individual American to see the doctor plopped on the floor, the bill was voted gram, so $70 billion has been wiped off of their choice, despite the President’s up or down, 60 votes to 40. Every single that as income available to be spent. protestations. Even I believe today Democrat voted for it, and every single They included—unrelated to this that people will not be able to continue Republican voted against it. bill—student loan savings of $19 billion.

VerDate Mar 15 2010 01:20 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.056 S28JNPT1 smartinez on DSK7SPTVN1PROD with SENATE June 28, 2012 CONGRESSIONAL RECORD — SENATE S4715 They relied on off-budget Social Secu- for it in any significant fashion. So it rammed it through without full floor rity revenue for $29 billion, not scored creates what the Congressional Budget debate and amendments, that that toward the cost of the bill. Office refers to as an unfunded liabil- scheme was flawed from the beginning They ignored the cost of imple- ity, unfunded obligations. To show and it will not work. menting the law. Imagine that. I mean, Americans and Congress the true state Indeed, there are 1,700 references in you have a bill. How much is it going of our long-term financial health, they that legislation to regulations to be to cost? It is going to cost $900 billion. do it over 75 years. It is not a perfect issued by the Secretary of HHS. In Well, do you not score the cost of it? estimate, but it is a pretty good esti- other words, once the bill is passed, we What about all these IRS agents? mate of whether the programs are ac- will turn over huge sections of it to un- There will be 1,000-plus to 2,000 IRS tuarially sound and what they will do known bureaucrats who will issue regu- agents who have to be hired and paid to the debt of America over 75 years. lations to administer this monstrosity. for, which is $115 billion not counted in Under the numbers we have seen It is just not a practical and decent the cost of the bill. Is this why we are from the CBO and the work of our com- way to do business. going broke in this country? We score mittee, it is pretty clear the health So I believed the bill clearly violated a bill, say it only costs $900 billion, and care bill that was passed by this Con- the interstate commerce power granted we have $115 billion of administrative gress will add $17 trillion to the un- to the Federal Government. The Fed- costs not even counted. funded liabilities of the United States eral Government can only act and pass Then there was no permanent solu- of America—$17 trillion—not a little legislation if it has been specifically tion to the doctor reimbursement fig- amount of money, a huge amount of authorized by the Constitution. One of ure. To pay the doctors at the rate money. To give perspective on how the authorized powers was to regulate they needed to be paid—and I agree large it is, the Social Security un- interstate commerce. But if a person is they need to be paid at this rate— funded liability over 75 years is only— sitting on the creek bank in Alabama, would cost $208 billion over the current only—$7 trillion. This is 21⁄2 times as not buying insurance, not partici- level of expected spending. If we don’t large an unfunded liability addition to pating, can he be made to buy a prod- have this doc fix, as we call it, doctors our government as Social Security, and uct in interstate commerce when he is would receive a 20-plus percent cut in we are wondering how we are going to explicitly not participating in that? I pay for doing Medicare work imme- save Social Security. It is more than didn’t believe it could be done, and the diately. They are already paid less for half of the unfunded liabilities of Medi- Court agreed. The Court rejected the Medicare work than they are paid for care or half of the unfunded liabilities Obama administration’s argument that private insurance. Doctors would quit of Medicare over 75 years. it did. doing Medicare work if they took a 20- At a time when we have a serious They said the Federal Government or 25-percent reduction in fee pay- demonstrated requirement that we re- has no power to compel a person to ments. That is $200 billion. That was duce the unfunded liabilities of Medi- participate in a commercial market one of the main reasons we were sup- care and Medicaid and Social Security, when a person doesn’t participate. If a posed to have comprehensive health this bill would add $17 trillion to it. person participates, maybe they can care reform, to deal permanently with This is why every expert has told us regulate it. But if a person doesn’t par- this doctor fix that was being fixed this Nation is on an unsustainable ticipate, they can’t tell a person to every year, but not permanently. The course. participate because this is a govern- bill didn’t do it. The bill never fixed it, The total unfunded liabilities before ment of limited power. therefore leaving a $208 billion hole in the passage of the health care bill were It was a historic and important rul- the plan that we have to find money $65 trillion over 75 years. That trend, ing that the Supreme Court made for, and it is an essential part of all of experts tell us, is unsustainable and clear: that there are limits to the that. threatens the future of our children power of the U.S. Government. I felt So I would just say to my colleagues and grandchildren. After the bill good about that. But now that Chief that this cost is unsustainable. It will passes, it is $82 trillion. We don’t have Justice Roberts and other members of put us on a debt course we cannot con- the money to do health care reform in the Court concluded that it may look tinue to be on. We are going to con- this way, with 2,700 pages and $17 tril- like a mandate, but we call it a tax— tinue to look at the numbers, and I am lion in additional cost to the Treasury. and I haven’t done the technical anal- going to ask people, if they desire, to We don’t need to affirm and repass leg- ysis they went through to reach their come to the Senate floor and show me islation that was said to cost $900 bil- opinion, but that doesn’t seem correct if I am wrong. Let me see where I am lion in the first 10 years. In truth, in to me. It seems as though it is still a wrong. But I don’t think they can show the first 10 years of its obligation—be- mandate, a mandate to buy something that we are wrong because I and my ginning the year after next—for the a person doesn’t want to buy. That staff are working as hard as we can to first 10 years it will cost almost three doesn’t sound like a tax to me. Maybe make sure what we say about the cost times that much—$2,600 billion. So it is it is. Maybe they can defend it that of this bill is accurate and fair. a matter of great concern to me. way, but I don’t see how that is a tax. What does this do to the long-term As to the Court decision today, I am It sounds like a mandate and a penalty. debt of our country? That is a matter going to look at the Court decision and So scholars will be reading that opin- of great importance. One of the things evaluate it. But I think it is additional ion for some time, and we will know our government does now is analyze proof that this health care legislation, whether Chief Justice Roberts an- the unfunded obligations of the U.S. from the beginning and in its en- nounces that this apparent mandate, Government. When we pass a law that tirety—a 2,700-page Rube Goldberg con- apparent requirement that the Presi- says when everybody reaches a certain traption—will never work. It is further dent said was not a tax, now it is a tax age, they get to draw a Social Security proof of that. and the law is constitutional because check of so much money, and it in- Even the fundamental justification of it. We will wrestle with that. But it creases on a percentage basis each for the legislation that it was not a tax does deal with the fundamental ques- year, that is an obligation of the but a mandate has been rejected by the tion: Can we afford this legislation. I United States. That is an entitlement Court. The law was only upheld by say- say we cannot. I believe the facts are program, we call it. People are entitled ing it is not a mandate. In effect, it is crystal clear that we cannot. We abso- to that whether the government has a tax that the sponsors of the bill di- lutely have to reform it, start over, any money to pay it. rectly said it was not. Indeed, the create a health care system that works So the health care bill is an entitle- President said it was not a tax himself, at a reasonable cost for the American ment. It has a guaranteed right for an directly. So certainly this opinion that people and does not burden our chil- individual American to receive certain allowed the legislation to stand, by the dren with exorbitant debt that could subsidized health care benefits under narrow margin of 5 to 4, in no way is an throw us into a debt crisis at most any this plan, and it is a permanent pro- affirmation of the wisdom of the bill time, and in the long term destabilize gram, but it doesn’t have a permanent but is in fact demonstration that the the health of the Nation we love so source of income dedicated to paying people who cobbled it together and who much.

VerDate Mar 15 2010 01:20 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.058 S28JNPT1 smartinez on DSK7SPTVN1PROD with SENATE S4716 CONGRESSIONAL RECORD — SENATE June 28, 2012 FLOOD INSURANCE Fire, and although progress is being By failing to include the LWCF Pro- Mr. BINGAMAN. Mr. President, on made in containing the fire, people are gram in the final conference report, I June 20, I introduced a bill to authorize very concerned that the monsoons will believe that we are squandering a crit- the FEMA administrator to waive the soon drop rain on soil that can’t absorb ical opportunity to protect America’s 30-day waiting period for flood insur- the moisture. precious natural resource lands and ance policies purchased for private It makes little sense to punish home- grow the economy. The Outdoor Indus- properties affected by wildfire on Fed- owners in communities who have not try Association estimates that outdoor eral lands. Senators TOM UDALL, MARK faced the kinds of flood risk they are recreation is an overlooked economic UDALL, and MICHAEL BENNET are co- currently presented due to the sudden giant, generating $646 billion in direct sponsors of this legislation. devastation of nearby Federal forest consumer spending, supporting 6.1 mil- As we speak, wildfires are burning land. lion direct jobs, and producing $80 bil- across the Western states and it is crit- I should also note that after con- lion in Federal, State, and local tax ical that we take immediate steps to sultation with the Congressional Budg- revenue each year. This amount dwarfs protect communities against the tragic et Office, it is my understanding that total spending in other sectors such as consequences of flooding. To this end, I this legislation does not score for budg- pharmaceuticals and motor vehicles, am pleased that the Senate included et purposes. I appreciate the Banking which respectively account for $331 bil- this legislation in the National Flood Committee’s willingness to work with lion and $340 billion in direct spending. Insurance Program reauthorization us on this issue. This legislation rep- I am extremely disappointed that the bill, which we will be voting on later resents a critical step forward in pro- final conference report did not include today or tomorrow. viding access to Federal flood insur- the bipartisan-supported LWCF Pro- Flooding is the most common and ance. The fire-stricken communities gram. This will hurt all Americans costly natural disaster in the United need help, and they need it now. today and for generations to come. I States. In 1968, Congress created the SURFACE TRANSPORTATION urge my colleagues to come together National Flood Insurance Program to Mr. LEAHY. Mr. President, I am dis- and right this wrong. The benefits of help provide a means for property own- mayed that the final conference report the LWCF Program are clear and we ers to financially protect themselves. on the surface transportation reauthor- owe it to the American people to pro- The Act, however, requires a 30-day ization bill did not include funding and vide funding for this essential and suc- waiting period before coverage under a continued authorization for the Land cessful program. new contract for flood insurance can and Water Conservation Fund, LWCF, Mr. President, I thank the Chair and take effect. This is to prevent individ- program, despite the fact that this pro- yield the floor and note the absence of uals from delaying until the last vision was included in the Senate- a quorum. minute to purchase insurance when the passed bill. This short-sighted decision The PRESIDING OFFICER. The risk of flooding is high. is counterproductive and ultimately, clerk will call the roll. Unfortunately, today’s large cata- harmful to America. The legislative clerk proceeded to strophic wildfires in the West can alter The LWCF program represents a call the roll. the watershed conditions on our for- promise that was made to the Amer- Mr. REID. Mr. President, I ask unan- ested Federal lands so rapidly that ican people almost 50 years ago to in- imous consent that the order for the nearby communities find themselves in vest in conservation and outdoor recre- quorum call be rescinded. flood hazard areas that didn’t exist the ation. The LWCF Program has long The PRESIDING OFFICER. Without day before. The heat of the fires can been a successful bipartisan program objection, it is so ordered. make the ground impermeable to that has touched all 50 States and ORDER OF BUSINESS water, which significantly increases nearly every county in America. I Mr. REID. Mr. President, I am sorry runoff when rainfall comes. strongly believe that the LWCF provi- it has taken so long. There are a lot of In some cases, the U.S. Forest Serv- sion, that was included in the Senate things to do around here. The con- ice will advise a community to pur- bill and which was passed in the Senate ference report has been filed. As I said chase flood insurance immediately by a vote of 76 to 22, should have been earlier today, I appreciate very much after a wildfire is put out, only to see included in the final conference report. the work of everyone, including our that community flooded by a few Over the course of half a century, the very hard-working staffs on both sides inches of rainfall weeks before the 30- LWCF program has protected natural of the Capitol. But there is no need for day wait period has lapsed. When this resource lands, outdoor recreation op- us to wait anymore. We are not going happens, homeowners are tragically portunities, and working forests across to finish this tonight. We are going to without any flood insurance coverage. America. The program is so successful, have to come back tomorrow. Every year States throughout the in fact, that every part of the LWCF I have talked to a number of people, U.S. deal with the devastating con- Program is oversubscribed, with the and I wanted to make sure before any- sequences of wildfires. Firefighters are demand for State and local rec- thing was announced that the papers currently battling several major fires reational needs, access for sportsmen, had been filed. They have been. We in New Mexico, including the largest and working lands opportunities far ex- have a number of issues we are trying fire in the State’s history. Over 340,000 ceeding the funds that have been avail- to work through procedurally. We are acres in the Gila and Lincoln National able. not going to be able to do that tonight. Forest have been burned and over The LWCF Program has been ex- I am not passing blame on anyone, be- 100,000 acres have been burned in Colo- tremely important to Vermont. Two cause we all have a lot to do tomorrow, rado leaving thousands of residents successful Vermont examples are the a lot of things that we are going to put struggling to cope with the aftermath Green Mountain National Forest and on hold. This is a very big work period and the risk that flooding presents. the Silvio O. Conte National Wildlife for us the next 10 days. I think it is ap- While our immediate concern is Refuge. Among the most visited lands propriate to say we will be back at 10 fighting these wildfires, we need to in the National Forest System, the o’clock in the morning to finish this take steps to protect communities Green Mountain National Forest has legislation and do it as quickly as we against the tragic consequences of provided accessible and affordable can. We do not know what time the flooding. In fact, in the area of the recreation for millions of residents in House is going to vote on this tomor- Whitewater-Baldy Fire, though the the densely populated Northeast. Like- row, but we may have to wait now damage from the fire is extensive, the wise, the Silvio O. Conte National until they pass it. That is one of the damage caused to property and risk to Wildlife Refuge, which stretches across pieces we are working on. We have life is expected to be far greater from Vermont, New Hampshire, Massachu- done our very best to try to complete the associated flooding despite the setts, and Connecticut, is a revolu- everything tonight, but we are not mitigation and prevention efforts in tionary project that has helped to con- going to be able to do that. progress. Recently, I joined Secretary serve prime fish and wildlife habitat I am disappointed. I heard that from Vilsack and Forest Service Chief Tid- across the 7.2 million-acre Connecticut many people, how disappointed they well for a briefing on the Little Bear River watershed. are that we could not move further

VerDate Mar 15 2010 01:20 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.059 S28JNPT1 smartinez on DSK7SPTVN1PROD with SENATE June 28, 2012 CONGRESSIONAL RECORD — SENATE S4717 down the road. But that is the way it the nation. One hundred and fifty years their credit, the Arsenal workforce is. ago on July 11, 1862, Illinois’ own Presi- went into overdrive to provide our Mr. LEAHY. Mr. President, would the dent Lincoln signed an Act of Congress troops what they needed. Machinist leader yield for a question? that established the Rock Island Arse- Jeff Roberts recalled, ‘‘Everyone’s Mr. REID. I would be happy to yield. nal. mentality is it’s one collaborative ef- The PRESIDING OFFICER. The Sen- Rock Island started out during the fort to get the soldiers what they need ator from Vermont. Civil War as a small Union prisoner of as fast as you can.’’ Mr. LEAHY. Mr. President, I know war camp which also held and distrib- They did—in a unique way. The Arse- the distinguished majority leader has uted supplies. It has grown into a crit- nal has the Department of Defense’s been working very hard to accommo- ical manufacturer of 21st century sup- only vertically integrated metal manu- date Senators in a vote. I know he has plies for our troops in the field. And in facturing capability. It has the only re- the support of every member of our doing so, it also serves as the lifeblood maining foundry in the U.S. Army. It caucus in doing that. I believe I heard of the Quad Cities region that hosts it. means that raw materials can go in one the distinguished leader say we will In celebration of its 150th anniver- side and come out the other as very income in at 10. sary, I would like to highlight Rock Is- tricate finished products. It does this Mr. REID. Yes. If I thought it would land Arsenal’s impressive history and with a number of materials, including help to come in earlier, I would do the impact it has had on the commu- stainless steel, carbon steels, and tita- that. But it would only be—— nity and the nation. nium. The result—new equipment to Mr. LEAHY. The Senator anticipated Rock Island has a long history of pro- better protect our troops, especially on my next question. I appreciate that. ducing supplies for our military. It was short notice. Mr. REID. We likely cannot do any- rifle cartridges and siege howitzers in We all know how devastating impro- thing until the House votes on the bill the Spanish-American War of 1898. In vised explosive devices (IEDs) were to tomorrow. We are trying to work World War I, it was rifles and a variety U.S. troops in Iraq and continue to be through that. I have to say, the House of personal equipment. By World War to servicemembers in Afghanistan. In has been extremely cooperative in ev- II, the Arsenal’s emphasis had shifted 2006 and 2007, our nation had fallen erything we have done the last few to artillery production, and workers in- short in armor kits for Humvees and days. I see on the floor my friend, the creased production from 75 artillery other ground vehicles to protect our chairman of the Environment and Pub- cartridges a year to 600 a month during troops. I urged then-Secretary Gates to lic Works Committee. She knows how the war. This ability to rise to the use Rock Island’s production capability hard this has been and how cooperative challenge for our servicemembers is a to get these kits to our troops faster. the Republicans have been. No one has theme at Rock Island. Secretary Gates agreed. Rock Island been more so than the ranking member Products weren’t the only thing became the single largest producer of of the Environment and Public Works changing at the Arsenal. So were de- these armor kits. Talk about saving Committee, JIM INHOFE. I will always mographics. Everyone is familiar with lives. admire JIM INHOFE for the manner in the image of Rosie the Riveter, as Lieutenant General Raymond Mason, which he approached this important women stepped into the workforce. The Army’s Deputy Chief of Staff for Logis- piece of legislation. We pass out acco- Arsenal was no different—32 percent of tics, recently noted, ‘‘It was critical lades on this floor, about everyone, the workforce was female during World that we had (the organic industrial how hard they work, but we would not War II. base), along with our manufacturing be able to get this bill done except for Yet some of the workers were only capabilities at our arsenals at JIM INHOFE. Fact. teenagers. Squeezing in 40 hours of Watervliet, Rock Island and Pine Bluff. So I am disappointed we cannot do work while going to school, students This allowed us to expand for wartime this tonight. As the chairman of the were picked up after class and bused to demand . . . ‘‘ He also added, ‘‘By en- Judiciary Committee just said, we the island. They worked Saturdays too. suring we maintain a core level of would stay here tonight on our side In a not uncommon story, Arsenal work, we then retain expandability ca- until the wee hours of the morning, be- worker Anna Mae said her wartime ef- pabilities if something else happens in cause we have some things to do. I was fort was a family affair. ‘‘My mom the world.’’ scheduled to be in Lake Tahoe tomor- worked on one side of the island, my As I look to the future, I would say row, but I can’t be there. Other people stepdad on the other and I was in the that is exactly what we are doing at have certainly more important trips middle.’’ Rock Island. Earlier this year, I intro- than that. But it is one of the issues we Years after the war ended, Anna Mae duced the Army Arsenal Strategic have to face with these jobs we have, returned to work at the Arsenal until Workload Enhancement Act of 2012, which are a tremendous privilege, but retirement. When she learned that her with the support of Senator MARK sometimes we do not have the ability, war efforts contributed to her pension, KIRK, Senator GRASSLEY, Senator HAR- as a Governor does or the President she articulated the selflessness of so KIN, and the Senators from New York does, a member of the Court does, to many when she said, ‘‘I never would and Arkansas. say: This is the schedule. There are 100 have thought (about) that—we were The bill does just what General different leaders here, each thinking just trying to win a war.’’ Mason was describing. It would create they have the best way of solving the In the Korean War/Conflict, the sense a strategic plan to ensure arsenals re- problems of the world, and it takes a of urgency on the island returned. ceive the workload they need to keep while sometimes to work through their Crews worked 10-hour days, 6 days a workers’ skills sharp for whatever the opinions. week, and sometimes on Sunday to get future may hold. weapons and equipment shipped out. We worked with Senator LEVIN and f For Vietnam, the Arsenal created new Senator MCCAIN on this. I was pleased MORNING BUSINESS products designed to counteract the that major portions of our bill were in- Mr. REID. Mr. President, I ask unan- Viet Cong’s guerilla ‘‘hit and run’’ tac- cluded in the report accompanying the imous consent that the Senate proceed tics, such as the M102 lightweight how- National Defense Authorization Act, to a period of morning business, with itzer. The Arsenal continued to con- which was voted out of the Armed Senators permitted to speak therein tribute to systems that meant life or Services Committee last month. for up to 10 minutes. death for the soldiers for the 1991 Gulf But the Arsenal isn’t complacent. The PRESIDING OFFICER. Without War—and then adapted as the military They are partnering with private in- objection, it is so ordered. went through a drawdown after the war dustry interested in working with tita- f ended. nium and other lightweight metals at But as we all know, that peace did the Quad-City Manufacturing Lab ROCK ISLAND ARSENAL’S 150TH not last long. A little more than 10 which opened in 2010. In these times of ANNIVERSARY years ago, the attacks of September tough budget decisions, these partner- Mr. DURBIN. I rise today to cele- 11th changed our world—and the nation ships enable Rock Island to sustain brate a major milestone for Illinois and again found itself at war. Again to itself at no cost to the government

VerDate Mar 15 2010 01:20 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.062 S28JNPT1 smartinez on DSK7SPTVN1PROD with SENATE S4718 CONGRESSIONAL RECORD — SENATE June 28, 2012 through a Working Capital Fund. Just leader, and it began in Philadelphia on adversity is a testament to the like the private sector, the Arsenal is July 4, 1776. It continues nationwide strength of the greatest military in the out there competing for work—and today in our independent spirit, our world. We are proud to honor our vet- winning it. They have signed agree- ambition, and our sense of generosity, erans, active duty soldiers, and mili- ments with Sivyer Steel, Mack Defense and we certainly see that in my home tary families for their grave sacrifices and others. State of Alaska. made for the safety and security of this But Rock Island is about more than We see it in communities large and great nation. just production—it is also the bedrock small, as we solve problems and work Next week, as we gather with family of the Quad-City region as the area’s together to make life better and the fu- and friends, let us reflect on the trials largest employer. One example of fam- ture brighter. Today, we take a mo- and tribulations of our nation’s path to ily commitment to the Arsenal is Jeff ment to realize that we do all this independence and the everlasting im- Roberts, a machinist at Rock Island. without thinking about it—and that pact of this defining moment in Amer- His great-great-great-great grandfather few other countries in the world can ica’s history. With appreciation for the was a master carpenter at Rock Island boast the same. freedoms we enjoy today, I ask my col- in the 1860s and helped build the is- But as we take a moment to appre- leagues to join me in commemorating land’s iconic Clock Tower. Working at ciate all that we have, we must never the birth of our Nation’s independence. the Arsenal for our men and women in forget the cost of freedom. Thousands f uniform gave Jeff a clear under- have given their lives to secure the CONGRATULATING THE 2012 standing of, as he described it, ‘‘what blessings of liberty. Men and women in NATIONAL ASSOCIATION you’re doing and why you’re doing it.’’ uniform are serving bravely overseas, He added, ‘‘I’ve never had the job satis- enduring tremendous sacrifice, while Mr. LEAHY. Mr. President, I want to faction I have now until I came here.’’ countless others guard our shores, pro- commend three outstanding Vermont Jeff’s experience is replicated all tect our interests abroad, and defend companies that were recently singled across the Arsenal. The island has our skies here at home. Their burden is out for recognition at the 2012 Fancy more than 70 military and private sec- shared by the families who endure Food Show in Washington, D.C. These tor organizations as tenants. Over the empty spots at the dinner table, missed vendors were among the select 110 Sil- years, the Arsenal has welcomed the birthdays, and absence from special ver Finalists for the show’s coveted Army Corps of Engineers, Army moments like a child’s first steps. Specialty Outstanding Food Innova- Sustainment Command, Joint Muni- Freedom is indeed perishable and we tion, sofi, gold awards, widely consid- tions Command, and Army Contracting are grateful for those who safeguard ered to be one of the top honors in the Command, among others. Most re- our liberty for our children and grand- specialty food industry. The sofi cently, Rock Island welcomed the children. Awards, from the National Association headquarters for First Army, which is As Americans, we honor our veterans for the Specialty Food Trade (NASFT), in charge of mobilizing, training and and the freedoms they defend. We recognize the best in specialty food and deploying our Army Reservists. It may speak our minds and we think big beverage and are a coveted industry not always have the glitz of a front- thoughts—bounded only by the limits honor. This year’s contest was the page story. But their collective dedica- of our imagination. most competitive in the history of the tion shows how central Rock Island is On this Independence Day, I am hon- awards, with a record 2,520 entries. to the support of our military, every ored to represent Alaska in the United Two of the vendors, Vermont Butter day. States Senate. and Cheese Creamery, located in Rock Island Arsenal is a large and vi- Mr. HELLER. Mr. President, I rise Websterville, and Big Picture Farm brant installation, with a rich history today in the tradition of patriotic cele- L3C, located in Townshend, won the and an impressive array of ongoing ac- bration to recognize 236 years of Amer- gold sofi in their categories, while tivities. Rock Island Arsenal has made ican independence. The Fourth of July Grafton Village Cheese, located in remarkable contributions over the past is not only a proud and inspiring sym- Grafton, represented Vermont proudly 150 years. It has served us through our bol of our nation’s independence, but of as a finalist in the category for out- difficult times and will continue to do our undeniable strength and unity. As standing cheese or dairy products for so in the future. we celebrate Independence Day this their new cheese, Cave Aged Leyden. I thank those who serve at the Arse- year, I am thankful for our forefathers’ Vermont Butter and Cheese Cream- nal today and those who have served in struggle to afford us freedom and lib- ery’s owners, Allison Hooper and Bob the past. And also to those who have erty which we enjoy today. Reese, deserve well-earned congratula- join me in honoring Rock Island Arse- As the first battles of the Revolu- tions for winning three gold sofi nal in its 150-year anniversary celebra- tionary War broke out in April 1775, Awards, including Best Product Line, tion. many colonists were skeptical of com- Best Cheese or Dairy Product for their plete independence from Great Britain. aged goat cheese Bonne Bouche, and f By the middle of the following year, Best Perishable Food Service Product INDEPENDENCE DAY 2012 tensions and hostility were high. As for their Sea Salt Crystal Cultured Ms. MURKOWSKI. Mr. President, I revolutionary sentiment spread, so too Butter. Allison and Bob’s extraor- rise today to commemorate our Na- did the colonists’ desire to become lib- dinary achievement demonstrates, be- tion’s Independence Day. erated from Great Britain. yond a doubt, that Vermont Butter and Over 230 years ago, a collection of On July 2, 1776, the Continental Con- Cheese Creamery has succeeded at very brave and thoughtful men put gress voted in favor of a resolution for building a high quality, superior brand their names and lives on the line to independence. Two days later, our that reflects the values and ethos of support a visionary idea, writing: Founding Fathers adopted the Declara- Vermont. tion of Independence, marking the Congratulations are due as well to We hold these truths to be self-evident, Big Picture Farm’s owners, Louisa that all men are created equal, that they are United States’ break with Great Brit- endowed by their Creator with certain ain. In 1870, the U.S. Congress insti- Conrad and Lucas Farrell, for winning unalienable rights, that among these are tuted July 4th as a federal holiday. As a gold sofi Award in the Confectionary Life, Liberty and the pursuit of Happiness. Americans, we are proud to celebrate Category for their Farmstead Goat That to secure these rights, governments are this important national holiday, a Milk Caramels. When I met this young instituted among men, deriving their just symbol of our patriotism and freedom. couple last week, I was taken with powers from the consent of the governed. On the eve of this celebration, we their energy and excitement for both Today we honor those patriots who also pay tribute to today’s heroes; their goats and their award winning crafted our country’s identity, and we America’s brave men and women in caramels. Earlier this year, Louisa and appreciate every man, woman, and uniform who have fought tirelessly to Lucas received a U.S. Department of child who has shared it, refined it, and protect and preserve the very freedom Agriculture Value Added Producer lived it. There is a reason why the rest afforded to us by our Founding Fa- Grant which helped them expand their of the world looks to America as a bold thers. Their perseverance in the face of farm, hire additional staff members,

VerDate Mar 15 2010 01:20 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.028 S28JNPT1 smartinez on DSK7SPTVN1PROD with SENATE June 28, 2012 CONGRESSIONAL RECORD — SENATE S4719 and expand their business plan. The Already, we have seen a change in pended on migrants coming from the Value Added Producer Grant, together how VA and the DoD treat PTSD. Ear- East. Some traveled on famous emi- with Big Picture Farm’s hard work and lier this year, we learned that hundreds grant trails like the Oregon and Cali- commitment to their vision, helped to of servicemembers and veterans had fornia Trails. But many followed the catapult this new business to a sofi their PTSD diagnoses reversed over the train tracks as the transcontinental Award after less than two years in course of 5 years at Madigan Army railroad forged a new path across the business. That is quite an achievement. Medical Center in my home State of West. The transcontinental railroad I can’t wait to see what challenges this Washington. In the wake of this shock- had particular importance in Wyo- young couple will tackle next. ing discovery, Secretary of the Army ming’s development. Steam engines Recognition should go, too, to Bob John McHugh ordered a comprehen- needed water-refilling stations, and Allen, Christine Damour, and Wendy sive, Army-wide review of medical files these stations quickly became hubs of Levy, co-owners of Grafton Village from the past decade to uncover any commerce in the State. Evanston was Cheese. This year, Grafton Village other problems with misdiagnoses. Two the Union Pacific’s last stop in Wyo- Cheese was a sofi finalist in the cat- weeks ago, Secretary Panetta an- ming, and its settlement depended on egory of Outstanding Cheese or Dairy nounced that he would be ordering a the railroad. Products. Vermont Butter and Cheese similar review across all of the armed In 1868, tracks finally reached Evans- Creamery also competed in this cat- services. I applaud these actions taken ton, and a town of tents cropped up egory and to have not one, but two by Secretary Panetta and Secretary around the station. This prosperity was only short-lived because the managers great Vermont companies competing as McHugh, but we are a long way from soon ordered the station to be moved 12 finalists in the same category is an winning the battle on mental and be- miles west to Wasatch. Because of the outstanding achievement for any havioral health conditions. transfer, the town’s population dis- State, much less one as small as That is why earlier this week I intro- appeared virtually overnight. Evanston Vermont. duced the Mental Health ACCESS Act I always enjoy seeing Vermonters in was in danger of becoming another of 2012. This bill will require VA and ‘‘end of the line’’ town. Fortunately, Washington, and was pleased to visit DoD to offer a range of supplemental the station moved back to Evanston them at the 2012 Fancy Food Show. mental and behavioral health services later that summer—and it stayed These companies create Vermont jobs to ensure that veterans, servicemem- there. The railroad provided a stable and grow Vermont’s economy. During bers, and their families are receiving job base and nearby coal mines encour- these tough economic times, this kind the care that they need and deserve. aged the settlement of the town. Just of work is vital to restoring the Amer- The Mental Health ACCESS Act of 2012 as the railroad depended on its work- ican way of life and getting the coun- provides for comprehensive standard- ers, the town depended on the trains. try back on track. I am extremely ized suicide prevention programs, ex- Evanston enjoyed great success as a proud of the hard work, dedication, en- panded eligibility to families for sup- water-filling station. The increased trepreneurial spirit, and innovation of port services, improved training for production and prosperity of the Union these exceptional Vermont companies. healthcare providers, new peer-to-peer Pacific warranted new facilities to ac- f counseling opportunities, and reliable commodate its increased traffic. In NATIONAL PTSD AWARENESS DAY measures for mental health services. 1871, a new roundhouse and a shop com- Finally, we must overcome the stig- plex were constructed. The station was Mrs. MURRAY. Mr. President, I am ma that surrounds PTSD. As VA’s Na- designated as the major Union Pacific honored to join my colleagues today in tional Center for PTSD has dem- maintenance facility between Green recognizing the Department of Vet- onstrated, once diagnosed, PTSD and River, WY, and Ogden, UT. In the next erans Affairs’ National Center for Post- its symptoms can be treated and those 30 years, the station prospered and the Traumatic Stress Disorder, PTSD, as who suffer from it can resume healthy town of Evanston expanded. In 1912, the their month-long PTSD awareness and productive lives. Efforts like Na- Union Pacific approved additional up- campaign comes to a close and in re- tional PTSD Awareness Day and PTSD grades. The construction included a flecting on our participation in the Awareness Month are critical to com- new roundhouse, a state-of-the-art third annual National PTSD Awareness bating some of the most damaging turntable, and electricity for the other Day. I thank Senator CONRAD for intro- misperceptions about PTSD. buildings in the complex. ducing the resolution to honor Army In closing, as we look back on our ef- Many technological advances eventu- National Guard SSG Joe Biel who suf- forts to raise awareness of PTSD ally caught up with the station’s suc- fered from PTSD and tragically took throughout the month, we must also cess. The advent of diesel train engines his own life in April 2007 after return- reaffirm our commitment to those vet- brought the slow demise of the ma- ing from his second tour in Iraq. erans, servicemembers, and families af- chine shop in Evanston, as more and All this month, we draw attention to fected by PTSD. Our veterans and serv- more services were moved to Green PTSD which affects millions of Ameri- icemembers have made tremendous River. In 1927, main operations were cans at some point in their lives. As sacrifices for us and our country and moved to Green River and the Evans- chairman of the Senate Veterans’ Af- we owe them the support and care that ton station opened as a reclamation fairs Committee, I am especially con- they deserve. plant. Here, rolling train stock and cerned with the impact that PTSD has f parts were repaired and refurbished for had on our Nation’s servicemembers the Union Pacific. The new designation and veterans. The number of veterans ADDITIONAL STATEMENTS created a new era of success for the treated by the Department of Veterans station. At its height of production, Affairs, VA, for PTSD or related symp- the plant employed over 300 men, mak- RECOGNIZING EVANSTON toms has reached 475,000 and there are ing it the largest employer in Evans- ROUNDHOUSE AND RAIL YARDS likely more cases that go unreported, ton. The roundhouse and its accom- undiagnosed, or untreated each year. ∑ Mr. BARRASSO. Mr. President, panying facilities were crucial to the In fact, as the drawdown of Afghani- today I wish to recognize the 100th an- economic independence of the town’s stan troops continues, we can only ex- niversary of the Evanston Roundhouse residents. pect those numbers to follow the and Rail Yards. This impressive site, The success of the reclamation plant steady rise previously reported. VA and which is listed on the National Reg- was enjoyed for several decades. How- the Department of Defense, DoD, need ister of Historic Places, is a lasting ever, in 1971, the Union Pacific closed to be ready now. landmark and a national treasure. the facility for good, due to modern This unpreparedness is a tragedy. Evanston is truly a special place, and production methods and lower prices Whether the wounds they return home the railroad has had a huge impact on for new equipment. The community with are visible or invisible, no veteran its history. In fact, Evanston would not had developed a strong tie to the rail- should be left to face their injuries exist today had it not been for the railroad. Evanston depended on the rail- alone, and I am committed to seeing road. Like the rest of the area, a large road not only for jobs or economic sta- that they never have to. part of Wyoming’s development de- bility, but also for its identity. After

VerDate Mar 15 2010 01:20 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.068 S28JNPT1 smartinez on DSK7SPTVN1PROD with SENATE S4720 CONGRESSIONAL RECORD — SENATE June 28, 2012 its final closure, the Union Pacific do- tively solved problems and improved July 14. During the celebration, the nated the rail yards to the community, the lives of countless people. Senior Center will highlight area busi- creating the perfect opportunity for The vision of United Way has re- nesses, along with other community fa- the community to preserve the sta- mained constant since 1887 when Den- vorites, with historic photos and dis- tion’s legacy. Local businessmen ver, CO, community members recog- plays. Events will also include a pa- formed a coalition to develop the area. nized the importance of cooperation to rade, a car/bike/tractor show, a com- The city of Evanston leased the facility address the welfare problems in the munity dinner and program, a dance to a number of railway companies city. Those efforts laid the foundation and fireworks sponsored by the Milton while they created a comprehensive for the help it provides to communities Fire Department. plan to preserve the roundhouse and all over the world today. Mr. President, I ask the United rail yards. I am particularly proud of United States Senate to join me in congratu- To honor and recognize the signifi- Way’s efforts in Arkansas and the sup- lating Milton, ND, and its residents on cant impact of the roundhouse and the port of people all over the State to help their 125th anniversary and in wishing railroad, community members turned fellow Arkansans. I know many Arkan- them a bright future.∑ their eyes to restoration and preserva- sans join in efforts to help improve the f tion. This historic site was listed on well-being of their neighbors through the National Register of Historic various campaigns to mobilize re- GILBY, NORTH DAKOTA Places in 1985. This special designation sources and strengthen educational, ∑ Mr. CONRAD. Mr. President, I am prompted other city officials to create employment, and health opportunities. pleased to honor a community in North a plan for the preservation and renova- We are blessed to have great commu- Dakota that will soon celebrate its tion of the rail yards. In 1998, thanks to nity involvement and an organization 125th anniversary. On July 14, 2012, the Federal funding and the fundraising ef- like United Way that is always looking town of Gilby will recognize their com- forts of the community, cleanup of the for new problems to solve. This is truly munity’s history and founding. facilities began. The goal to preserve an amazing program that makes its Founded in 1887, Gilby was named for the structural and historical integrity presence count in untold by ways John Gilby Jr., who came to the area of the facility was accomplished touching lives and creating lasting in 1878. The rich soil has made it pos- through the cooperation and passion of changes. sible for farms to thrive in the area, the entire community. On this 125th anniversary, on behalf growing wheat, soybeans, corn, sugar Today, the Evanston Roundhouse and of the people of Arkansas, I offer my beets, and edible beans. The Scott Rail Yards are open to the public. The thanks for impacting positive changes farm, the oldest farm in Gilby, has recently dedicated J.T. & Phyllis Pat- in the lives of people worldwide and been growing crops since the early terson Visitor Center welcomes visitors close to home. I am humbled by United 1800s. The Oppegard building has been a from across the country. In addition to Way’s constant commitment and at- prominent landmark in Gilby since the the restoration of the original round- tention to developing a bright future town was established, starting out as a house, community leaders are working for all citizens. It is a privilege to have blacksmith’s shop. Currently, the to restore the original turntable and United Way in our backyard, and we Oppegard building is home to an inde- other facilities around the plaza. Now, are grateful for its outreach. United pendent repair shop serving the needs the machine shop is a clean, updated Way serves as an inspiration for all of of farmers in the area. The people of facility that is perfect for hosting us, showing us what hard work, dedica- this friendly town are predominantly events and meetings. And Evanston has tion, and partnerships can lead to. from German heritage. a vision for what might follow. In the Thank you for bringing hope to the To celebrate its 125th anniversary, future, the city plans to move its city hopeless, help to the helpless, voice to Gilby is collaborating with Midway’s hall into the complex. Other ideas in- the voiceless and bridging the gaps be- 50th All School reunion on July 12, and clude plans to install a renovated din- tween people and resources. Congratu- Forest River’s 125th anniversary on ing car and to move the original water lations on this great milestone.∑ July 13. The activities culminate with tower from Wasatch to the rail yards. f Gilby’s 125 celebration on July 14. Evanston and its visitors will continue Events in Gilby will include a pie and MILTON, NORTH DAKOTA to enjoy the rich history of the round- ice cream social, a volleyball tour- house thanks to the innovation of city ∑ Mr. CONRAD. Mr. President, I am nament, train rides, and a parade. officials and Evanston’s partnership pleased to honor a community in North I ask the United States Senate to with local, State, and Federal agencies. Dakota that will soon celebrate its join me in congratulating Gilby, ND, The Evanston Roundhouse and Rail 125th anniversary. On July 14th, 2012, and its residents on the 125th anniver- Yards is a remarkable part of Wyo- the residents of Milton will recognize sary of their founding and in wishing ming’s history. In honor of its 100th an- the community’s history and founding. them a bright future.∑ niversary, I invite my colleagues to When Milton was founded in 1887, the f visit this national treasure. This site is postmaster initially suggested that the CONGRATULATING NORMAN a visible reminder of the important town be called Springfield. Some histo- DIANDA role the railroad played in the growth rians claim the town was named after and development of Evanston. I con- the famous English poet, John Milton. ∑ Mr. HELLER. Mr. President, today I gratulate the citizens who have worked However, most historians agree the wish to congratulate Mr. Norman so hard to preserve the roundhouse. town was named for Milton, Ontario, ‘‘Norm’’ Dianda, who was recognized as They should be proud to share this his- the hometown of pioneer settler Steven the 2012 Reno Rodeo Parade Grand toric place with visitors from all over Sophar. Steven Sophar was instru- Marshal. My home State of Nevada is the world.∑ mental in obtaining land and creating proud and privileged to acknowledge f townships across North Dakota, as well such an extraordinary civic leader. as in several other northern states. Since founding Q&D Construction in 125TH ANNIVERSARY OF UNITED After establishing a post office, Milton 1964, Norm has been committed to WAY reached its boom in population during making the Truckee Meadows a great ∑ MR. BOOZMAN. Mr. President, I rise the 1890s. place to live. He has served as the to celebrate United Way for its com- The dedication of the residents keeps heart and soul of the company by con- mitment to serving people across the the community vibrant through its tinually going above and beyond the globe. For 125 years, United Way has events and businesses. The local eleva- call of duty each year, assisting numer- been at the forefront of bringing about tor, Little Star Theater and Milton ous organizations for the betterment of change in communities by initiating Cafe´ are focal points in the commu- the Silver State. longlasting collaborative partnerships nity. Farming is also a thriving indus- A native Nevadan, Norm has volun- to meet the needs of citizens. By bring- try, due to the rich soil in the area. teered his time to organizations such ing together people, communities, and Organized by local residents, the city as the American Heart Association, organizations, United Way has effec- is celebrating its 125th anniversary on American Lung Association, March of

VerDate Mar 15 2010 01:20 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.018 S28JNPT1 smartinez on DSK7SPTVN1PROD with SENATE June 28, 2012 CONGRESSIONAL RECORD — SENATE S4721 Dimes, American Cancer Society, the support as a county commissioner, city Craig has written numerous articles, Boys & Girls Club of Truckee Meadows, councilman, mayor, Governor, and now including articles for CUNA and CUES Big Brothers Big Sisters, Saint Mary’s as a Member of the Senate. I have seen magazines, as well as computer world. Hospital, and, of course, the Reno first hand the successes achieved by After 12 years as president, Rick Rodeo Association. His extraordinary Nebraska’s United Way offices, which Craig is leaving America First Credit charitable work in the community is have improved the lives of countless Union on solid financial foundation. He admirable. For 9 of the past 13 years, citizens across the State. I couldn’t be has been successful at navigating the Norm was voted Contractor of the Year more proud of their work. credit union through very turbulent fi- by his peers in northern Nevada. He It is an honor to mark this special nancial times. truly is one of the best. day by acknowledging United Way of- Although Rick Craig has achieved Recently, Norm was honored with fices across our State and thanking the great success in business, his greatest the privilege of leading the Reno Rodeo many volunteers who contribute time, success has been being the father of 10 Parade. Having attended and supported talent, and financial resources to im- wonderful children. It is my wish that the Reno Rodeo for over 60 years, Norm prove Nebraska communities. I wish all he and Karen enjoy this new chapter in has seen and experienced many changes of the United Way offices in Nebraska their lives.∑ in the community and the rodeo itself. and across the Nation another 125 years f His company has been instrumental in of success in their mission to serve oth- REMEMBERING JUDGE ROBERT C. updating the rodeo grounds for years. ers.∑ BOOCHEVER Norm’s love for Nevada, community f ∑ Ms. MURKOWSKI. Mr. President, service, and the Reno Rodeo are un- TRIBUTE TO RICK CRAIG next week the Juneau community will matched. come together to honor the late Judge Nevada’s economy relies on events ∑ Mr. LEE. Mr. President, today I wish Robert C. Boochever, who passed away such as the Reno Rodeo, which cele- to honor Rick Craig, president of on October 9, 2011. At the time of his brated its 93rd anniversary this year. America First Federal Credit Union. passing, Judge Boochever was a senior Dependent upon nearly 400 volunteers Rick was appointed president of the judge of the Ninth Circuit, U.S. Court from across the Truckee Meadows, the credit union in 1997, and previously of Appeals. Since Alaska was admitted event is said to have an economic im- served as the executive vice president to statehood, only three Alaskans have pact of $42 million in the Reno/Sparks for two decades. He recently announced served on that court. Judge Boochever area. This 10-day rodeo recognizes the his retirement and I wish to honor his exemplary career. was the first of the three. passions and skills of some of the Judge Boochever was not born in world’s top professional cowboys and Rick is an alumnus of Weber State University, where he earned a bachelor Alaska, but he earned the right to be cowgirls and their contributions to the called an Alaskan through decades of of science degree in the field of mathe- sport of rodeo. service, on and off the bench, to our matics with a minor in physics. He I admire and recognize Norm’s com- community. Robert C. Boochever was went on to earn a master’s degree in mitment to northern Nevada. His dedi- born in New York City on October 2, the field of engineering from the Uni- cation serves as a constant reminder of 1917, and grew up in Ithaca, the home versity of Utah, and graduated in 1981 the importance of giving back to our of Cornell University where his father from the Western Credit Union Na- communities. I am proud to stand with was director of public relations. He tional Association, CUNA, Manage- the residents of my home State to rec- completed his undergraduate work and ment School. While in school, Rick ognize his generosity and selflessness. law degree at Cornell, then enlisted in earned the Charlie Clark Award and Today, I ask my colleagues to join me the Army. Deployed to Newfoundland in honoring a native Nevadan for all later was honored with the James D. as a legal officer, he met Connie Mad- that he does for the Silver State.∑ Likens Alumni Recognition Award. He dox, who was the chief surgical nurse f has also completed the Credit Union for the base. They were married in Executives Society’s Directors Leader- April 1943. 125TH ANNIVERSARY OF UNITED ship Institute program at the London WAY At the end of the war, a long-time Business School. Over the years, Rick family friend from Cornell, Warren ∑ Mr. JOHANNS. Mr. President, today, has been willing to share his knowledge Caro, who had been an aide to Alaska’s on the 125th Anniversary of United with others, teaching courses at Weber territorial Governor, Ernest Gruening, Way of America, I wish to pay tribute State University and the Western told Judge Boochever about a job in to Nebraska’s many United Way orga- CUNA Management School. Juneau. It was an assistant U.S. attor- nizations. United Way is active in the Rick is a past board member of the ney position, but at the time there was communities of Beatrice, Columbus, Utah League of Credit Unions, and was no U.S. attorney, so Boochever would Cozad, Crete, Fremont, Grand Island, vice chairman of the league’s Execu- in fact be running the operation. At Hastings, Kearney, Lexington, Lincoln, tive Committee. From 1997 to 2003, he the time, Judge Boochever knew noth- Nebraska City, Norfolk, North Platte, also served on the Governor’s Board of ing of Alaska or Juneau other than the Omaha, Scottsbluff, Wayne, York, and Credit Union Advisors in Utah. He praises sung by his family friend, War- others. The Nebraskans affiliated with served on the Filene Research Council ren Caro. But that didn’t stop him these organizations work tirelessly from 1999 to 2005, and he has been a from asking Alaska’s delegate to Con- every day to improve the lives of those member of the CO-OP Board of Direc- gress, Bob Bartlett, for a recommenda- around them. tors since 2005. He has been a director tion. Once offered the job, he persuaded For the past 125 years, United Way of the Credit Union Executives Society, Connie to give Alaska a try and they has mobilized resources from local CUES, for 9 years, serving as chairman never looked back. businesses and individuals to identify of the board. Rick was inducted into In 1947, Boochever joined the Faulk- and meet the needs of the communities the Credit Union Society’s Hall of ner Banfield law office in Juneau and they serve. Thanks to the leadership Fame in 1996. soon was made a named partner. He from local United Way organizations, Mr. Craig has received numerous built the Faulkner Banfield firm, communities in Nebraska have been honors for his work. Utah Business which dates back to 1914, into one of better able to address significant social Magazine recognized him as one of the Alaska’s great law firms. That firm issues. The programs they support help one hundred most influential people in continues to operate today as Faulkner those experiencing hunger, domestic the State of Utah in 2001, 2004, 2007, and Banfield in Juneau and Holmes, Weddle violence, drug and alcohol abuse, ne- 2011. He was recognized as one of the and Barcott with offices in Anchorage, glect, and many more challenges. In Ten Trail Blazing Companies in Utah Seattle, Portland and San Diego. Mike Nebraska, the United Way provides in 2003 and in 2004, the national CUES Holmes, one of his partners, described leadership and helping hands through- named him Executive of the Year. Boochever as ‘‘the best trial lawyer in out our State. Under his leadership, America First the State.’’ He served as president of I have had the privilege of working Credit Union was recognized as one of both the Alaska and Juneau Bar Asso- with United Way and the agencies they the best places to work in Utah in 2007. ciations.

VerDate Mar 15 2010 01:29 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.019 S28JNPT1 smartinez on DSK7SPTVN1PROD with SENATE S4722 CONGRESSIONAL RECORD — SENATE June 28, 2012 In 1972, Judge Boochever was named We would like to commend the Aspen Mr. Novotny, one of its reading clerks, to the Alaska Supreme Court and Center for Physics for their dedication announced that the Speaker has signed served as chief justice for three years. and excellence in the field of theo- the following enrolled bills: In 1980, President Carter nominated retical physics. Since the 1960s the Cen- S. 3187. An act to amend the Federal Food, Judge Boochever to the Ninth Circuit. ter has been one of the world’s fore- Drug, and Cosmetic Act to revise and extend In an oral history, Judge Boochever de- most research centers for the pursuit the user-fee programs for prescription drugs scribed himself as a champion of indi- of basic scientific understanding on and medical devices, to establish user-fee vidual rights who was also sympathetic topics ranging from cosmology to bio- programs for generic drugs and biosimilars, to the problems of law enforcement. physics. and for other purposes. His Ninth Circuit colleague, Judge With Federal funding primarily from H.R. 33. An act to amend the Securities the National Science Foundation and Act of 1933 to specify when certain securities Dorothy Wright Nelson, the former issued in connection with church plans are dean of the University of Southern the support of dozens of corporate, in- treated as exempted securities for purposes California Law School, described stitutional, and individual sponsors, of that Act. Boochever as the best writer on the the Aspen Center for Physics has be- H.R. 2297. An act to promote the develop- court. come an international hub for revolu- ment of the Southwest waterfront in the Dis- But a distinguished legal career was tionary physics research. More than trict of Columbia, and for other purposes. but one measure of this outstanding 10,000 scientists, representing 65 coun- The enrolled bills were subsequently Alaskan. Judge Boochever was a gen- tries and including 52 Nobel Laureates, signed by the President pro tempore tleman who greeted women with the have participated in Center programs. (Mr. INOUYE). tip of a hat, a family man whose They come to Aspen to converse with daughter would sing out loud, ‘‘Oh, their peers, conduct groundbreaking At 10:20 a.m., a message from the we’re the happy Boochevers’’ to the research, and explore uncharted areas House of Representatives, delivered by tune of ‘‘Jolly Good Fellow,’’ an avid in theoretical physics. Mrs. Cole, one of its reading clerks, an- birdwatcher, a poet, a singer and a pi- The atmosphere created by the Aspen nounced that the House has passed the anist. Center for Physics is unique. While sur- following bill, in which it requests the According to a 1997 tribute in the rounded by beautiful landscapes, re- concurrence of the Senate: Alaska Bar Rag, he was ‘‘revered by his searchers are encouraged to participate H.R. 4018. An act to improve the Public friends and neighbors as a dedicated in informal dialogue and pursue cre- Safety Officers’ Benefits Program. advocate who championed causes that ative and novel paths in their research, f helped shape the Juneau community.’’ both individually and in collaborative He was the first chairman of the Ju- groups. MEASURES REFERRED ON JUNE neau Planning Commission, a vocal op- The unstructured environment has 27, 2012 ponent of efforts to move Alaska’s cap- been key to the exchange of ideas The following bills were read the first ital out of Juneau, and a leader in the among the world’s best theoretical and the second times by unanimous successful campaign to create the Uni- physicists, and it has led to impressive consent, and referred as indicated: versity of Alaska Southeast in Auke results: more than 10,000 scientific pa- H.R. 4223. An act to amend title 18, United Bay. Judge Boochever, and Connie, who pers and books have cited the Center’s States Code, to prohibit theft of medical predeceased him, were selected by the influence. products, and for other purposes; to the Com- Juneau Rotary Club as Man and The Center is also a good neighbor. mittee on the Judiciary. Woman of the Year. Connie will long be For more than 25 years, the Center has H.R. 4850. An act to allow for innovations remembered as a champion of the arts offered free public lectures on cutting- and alternative technologies that meet or in Juneau. What an outstanding team. edge science to the community. It of- exceed desired energy efficiency goals; to the Outstanding families are the product fers informative and interactive pro- Committee on Energy and Natural Re- sources. of outstanding patriarchs. Judge grams designed to engage children in Boochever was the father of four out- H.R. 5625. An act to reinstate and transfer learning and get them excited about certain hydroelectric licenses and extend the standing daughters. Barbara, an avid science. Physicists from the Center deadline for commencement of construction skier, whose daughter Hillary Lindh, also visit local schools and serve as of certain hydroelectric projects; to the would grow up to be an Olympic silver mentors for students. Committee on Energy and Natural Re- medalist in downhill skiing; Linda, an Colorado is fortunate to be home to sources. Anchorage businesswoman; Mimi, a the Aspen Center for Physics. Senator f teacher nationally renowned for teach- BENNET and I would like to congratu- MEASURES PLACED ON THE ing the fine arts to young people; and late them for an impressive first 50 CALENDAR Ann, a music teacher who cofounded years and wish them continued success two of Juneau’s finest restaurants. for the next 50 years.∑ The following bill was read the sec- Judge Boochever was outstanding in f ond time, and placed on the calendar: every respect. It is people like Judge S. 3342. A bill to improve information secu- Boochever who moved Alaska from the MESSAGES FROM THE PRESIDENT rity, and for other purposes. last frontier of the prestatehood period Messages from the President of the f to the best place in America to live, United States were communicated to work and raise a family. I am grateful the Senate by Mr. Thomas, one of his ENROLLED BILL PRESENTED for his significant contributions to the secretaries. The Secretary of the Senate reported quality of life we today enjoy in the f that on today, June 28, 2012, she had State of Alaska. That is why I was presented to the President of the EXECUTIVE MESSAGES REFERRED proud to cosponsor legislation naming United States the following enrolled the Juneau Federal courthouse in per- As in executive session the Presiding bill: petuity for Judge Boochever. That is Officer laid before the Senate messages S. 3187. An act to amend the Federal Food, why I am proud to honor his life and from the President of the United Drug, and Cosmetic Act to revise and extend legacy today.∑ States submitting sundry nominations the user-fee programs for prescription drugs f and a withdrawal which were referred and medical devices, to establish user-fee to the appropriate committees. programs for generic drugs and biosimilars, RECOGNIZING THE ASPEN CENTER (The messages received today are and for other purposes. FOR PHYSICS printed at the end of the Senate pro- f ∑ Mr. UDALL of Colorado. Mr. Presi- ceedings.) EXECUTIVE AND OTHER dent, today I wish to congratulate the f distinguished Aspen Center for Phys- COMMUNICATIONS ics, located in Aspen, CO, on the occa- MESSAGES FROM THE HOUSE The following communications were sion of its 50th anniversary. I offer ENROLLED BILLS SIGNED laid before the Senate, together with these congratulations on behalf of Sen- At 9:33 a.m., a message from the accompanying papers, reports, and doc- ator BENNET of Colorado as well. House of Representatives, delivered by uments, and were referred as indicated:

VerDate Mar 15 2010 01:29 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.001 S28JNPT1 smartinez on DSK7SPTVN1PROD with SENATE June 28, 2012 CONGRESSIONAL RECORD — SENATE S4723 EC–6702. A communication from the Ad- fice of the President of the Senate on June mitting, pursuant to law, the Office’s Fed- ministrator, Housing and Community Facili- 27, 2012; to the Committee on Finance. eral Equal Opportunity Recruitment Pro- ties Programs, Department of Agriculture, EC–6711. A communication from the Presi- gram Report for fiscal year 2011; to the Com- transmitting, pursuant to law, the report of dent of the United States, transmitting, pur- mittee on Homeland Security and Govern- a rule entitled ‘‘Reserve Account’’ (RIN0575– suant to law, notification of the designation mental Affairs. AC66) received in the Office of the President of Irving A. Williamson as Chair of the EC–6722. A communication from the Pre- of the Senate on June 21, 2012; to the Com- United States International Trade Commis- siding Governor of the Broadcasting Board of mittee on Agriculture, Nutrition, and For- sion; to the Committee on Finance. Governors, transmitting, pursuant to law, estry. EC–6712. A communication from the Sec- the Office of Inspector General’s Semiannual EC–6703. A communication from the Acting retary of the Treasury, transmitting, pursu- Report for the period of October 1, 2011 Branch Chief, Food and Nutrition Service, ant to law, a report relative to certifying through March 31, 2012; to the Committee on Department of Agriculture, transmitting, that Belgium has satisfactorily complied Homeland Security and Governmental Af- pursuant to law, the report of a rule entitled with its obligations under Article 25 (Ex- fairs. ‘‘Certification of Compliance with Meal Re- change of Information and Administrative EC–6723. A communication from the Direc- quirements for the National School Lunch Assistance); to the Committee on Finance. tor of the Regulation Policy and Manage- Program Under the Healthy, Hunger-Free EC–6713. A communication from the Sec- ment Office of the General Counsel, Veterans Kids Act of 2010’’ (RIN0584–AE15) received in retary of Health and Human Services, trans- Health Administration, Department of Vet- the Office of the President of the Senate on mitting, pursuant to law, a report entitled erans Affairs, transmitting, pursuant to law, June 21, 2012; to the Committee on Agri- ‘‘Plan to Implement a Medicare Skilled the report of a rule entitled ‘‘Autopsies at culture, Nutrition, and Forestry. Nursing Facility Value-Based Purchasing VA Expense’’ (RIN2900–AO03) received during EC–6704. A communication from the Acting Program’’; to the Committee on Finance. adjournment of the Senate in the Office of Administrator of the Fruit and Vegetable EC–6714. A communication from the Assist- the President of the Senate on June 22, 2012; Programs, Agricultural Marketing Service, ant Secretary, Legislative Affairs, Depart- to the Committee on Veterans’ Affairs. Department of Agriculture, transmitting, ment of State, transmitting certification of EC–6724. A communication from the Direc- pursuant to law, the report of a rule entitled proposed issuance of an export license pursu- tor of the Regulation Policy and Manage- ‘‘Pistachios Grown in California, Arizona, ant to sections 36(c) and 36(d) of the Arms ment Office of the General Counsel, Veterans and New Mexico; Order Amending Marketing Export Control Act (Transmittal No. DDTC Health Administration, Department of Vet- Order No. 983’’ (Docket No. AMS–FV–10–0099; 12–002); to the Committee on Foreign Rela- erans Affairs, transmitting, pursuant to law, FV11–983–1 FR) received in the Office of the tions. the report of a rule entitled ‘‘VA Veteran- President of the Senate on June 27, 2012; to EC–6715. A communication from the Assist- Owned Small Business Verification Guide- the Committee on Agriculture, Nutrition, ant Secretary, Legislative Affairs, Depart- lines’’ (RIN2900–AO49) received in the Office and Forestry. ment of State, transmitting certification of of the President of the Senate on June 27, EC–6705. A communication from the Ad- proposed issuance of an export license pursu- 2012; to the Committee on Veterans’ Affairs. ministrator of the Fruit and Vegetable Pro- ant to section 36(d) of the Arms Export Con- EC–6725. A communication from the Asso- grams, Agricultural Marketing Service, De- trol Act (Transmittal No. DDTC 12–043); to ciate General Counsel, Office of the General partment of Agriculture, transmitting, pur- the Committee on Foreign Relations. Counsel, Department of Agriculture, trans- suant to law, the report of a rule entitled EC–6716. A communication from the Acting mitting, pursuant to law, (2) two reports rel- ‘‘Domestic Dates Produced or Packed in Riv- Secretary of Commerce, transmitting, pursu- ative to vacancies in the Department of Ag- erside County, CA; Order Amending Mar- ant to law, a report relative to the export to riculture received in the Office of the Presi- keting Order 987’’ (Docket No. AMS–FV–10– the People’s Republic of China of items not dent of the Senate on June 26, 2012; to the 0025; FV10–987–1 FR) received in the Office of detrimental to the U.S. space launch indus- Committee on Agriculture, Nutrition, and the President of the Senate on June 27, 2012; try; to the Committee on Foreign Relations. Forestry. to the Committee on Agriculture, Nutrition, EC–6717. A communication from the Assist- EC–6726. A communication from the Con- and Forestry. ant General Counsel for Regulatory Services, gressional Review Coordinator, Animal and EC–6706. A communication from the Ad- Office of Special Education and Rehabilita- Plant Health Inspection Service, Department ministrator of the Fruit and Vegetable Pro- tive Services, Department of Education, of Agriculture, transmitting, pursuant to grams, Agricultural Marketing Service, De- transmitting, pursuant to law, the report of law, the report of a rule entitled ‘‘Importa- partment of Agriculture, transmitting, pur- a rule entitled ‘‘National Institute on Dis- tion of Dracaena Plants From Costa Rica’’ suant to law, the report of a rule entitled ability and Rehabilitation Research ((RIN0579–AD54) (Docket No. APHIS–2011– ‘‘Tart Cherries Grown in the States of Michi- (NIDRR)—Disability and Rehabilitation Re- 0073)) received in the Office of the President gan, et al.; Final Free and Restricted Per- search Projects and Centers Program—Dis- of the Senate on June 27, 2012; to the Com- centages for the 2011–12 Crop Year for Tart ability and Rehabilitation Research mittee on Agriculture, Nutrition, and For- Cherries’’ (Docket No. AMS–FV–11–0085; Project—Burn Model Systems Centers’’ estry. FV11–930–3 FR) received in the Office of the (CFDA No. 84.133A–3) received in the Office of EC–6727. A communication from the Direc- President of the Senate on June 27, 2012; to the President of the Senate on June 25, 2012; tor of the Regulatory Management Division, the Committee on Agriculture, Nutrition, to the Committee on Health, Education, Environmental Protection Agency, transmit- and Forestry. Labor, and Pensions. ting, pursuant to law, the report of a rule en- EC–6707. A communication from the Under EC–6718. A communication from the Assist- titled ‘‘Cyflufenamid; Pesticide Tolerances’’ Secretary of Defense (Intelligence), trans- ant General Counsel for Regulatory Services, (FRL No. 9352–5) received in the Office of the mitting, pursuant to law, a report relative to Office of Special Education and Rehabilita- President of the Senate on June 27, 2012; to maintaining the EP–3E Airborne Reconnais- tive Services, Department of Education, the Committee on Agriculture, Nutrition, sance Integrated Electronic System and the transmitting, pursuant to law, the report of and Forestry. Special Projects Aircraft platforms in a a rule entitled ‘‘National Institute on Dis- EC–6728. A communication from the Direc- manner that meets all current requirements ability and Rehabilitation Research tor of the Regulatory Management Division, of the Commanders of the Combatant Com- (NIDRR)—Disability and Rehabilitation Re- Environmental Protection Agency, transmit- mands (CCMDs); to the Committee on Armed search Projects and Centers Program—Reha- ting, pursuant to law, the report of a rule en- Services. bilitation Engineering Research Centers’’ titled ‘‘Propiconazole; Pesticide Tolerances’’ EC–6708. A communication from the Under (CFDA No. 84.133E–1 and 84.133E–3) received (FRL No. 9350–9) received in the Office of the Secretary of Defense (Intelligence), trans- in the Office of the President of the Senate President of the Senate on June 27, 2012; to mitting, pursuant to law, the annual report on June 25, 2012; to the Committee on the Committee on Agriculture, Nutrition, on the current and future military strategy Health, Education, Labor, and Pensions. and Forestry. of Iran; to the Committee on Armed Serv- EC–6719. A communication from the Chair- EC–6729. A communication from the Solic- ices. man of the Council of the District of Colum- itor, Federal Labor Relations Authority, EC–6709. A communication from the Gen- bia, transmitting, pursuant to law, a report transmitting, pursuant to law, a report rel- eral Counsel of the National Credit Union on D.C. Act 19–380, ‘‘District Department of ative to Section 939A of the Dodd-Frank Act Administration, transmitting, pursuant to Transportation Grant Authority Temporary regarding references to or requirements of law, the report of a rule entitled ‘‘Guidelines Amendment Act of 2012’’; to the Committee reliance on credit ratings; to the Committee for the Supervisory Review Committee’’ (12 on Homeland Security and Governmental Af- on Banking, Housing, and Urban Affairs. CFR Chapter VII) received in the Office of fairs. EC–6730. A communication from the Chair- the President of the Senate on June 26, 2012; EC–6720. A communication from the Chair- man of the Board of Governors of the Federal to the Committee on Banking, Housing, and man of the Council of the District of Colum- Reserve System, transmitting, pursuant to Urban Affairs. bia, transmitting, pursuant to law, a report law, a report on the remaining obstacles to EC–6710. A communication from the Direc- on D.C. Act 19–384, ‘‘Youth Bullying Preven- the efficient and timely circulation of $1 tor, Office of Regulations, Social Security tion Act of 2012’’; to the Committee on coins; to the Committee on Banking, Hous- Administration, transmitting, pursuant to Homeland Security and Governmental Af- ing, and Urban Affairs. law, the report of a rule entitled ‘‘Extension fairs. EC–6731. A communication from the Ad- of Expiration Dates for Several Body System EC–6721. A communication from the Direc- ministrator of the U.S. Energy Information Listings’’ (RIN0960–AH49) received in the Of- tor, Office of Personnel Management, trans- Administration, Department of Energy,

VerDate Mar 15 2010 02:17 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JN6.013 S28JNPT1 smartinez on DSK7SPTVN1PROD with SENATE S4724 CONGRESSIONAL RECORD — SENATE June 28, 2012 transmitting, pursuant to law, a report enti- Dioxide Sequestration 2012 Section 45Q Infla- INTRODUCTION OF BILLS AND tled ‘‘The Availability and Price of Petro- tion Adjustment Factor’’ (Notice 2012–42) re- JOINT RESOLUTIONS leum and Petroleum Products Produced in ceived in the Office of the President of the Countries Other Than Iran’’; to the Com- Senate on June 27, 2012; to the Committee on The following bills and joint resolu- mittee on Energy and Natural Resources. Finance. tions were introduced, read the first EC–6732. A communication from the Direc- EC–6740. A communication from the Chief and second times by unanimous con- tor of the Regulatory Management Division, of the Publications and Regulations Branch, sent, and referred as indicated: Environmental Protection Agency, transmit- Internal Revenue Service, Department of the By Mr. BINGAMAN (for himself, Ms. ting, pursuant to law, the report of a rule en- Treasury, transmitting, pursuant to law, the SNOWE, and Mrs. FEINSTEIN): titled ‘‘Approval and Promulgation of Air report of a rule entitled ‘‘PTP-COD Income’’ S. 3352. A bill to amend the Internal Rev- Quality Implementation Plans; Ohio; Re- (Notice 2012–28) received in the Office of the enue Code of 1986 to improve and extend cer- gional Haze’’ (FRL No. 9683–4) received in the President of the Senate on June 27, 2012; to tain energy-related tax provisions, and for Office of the President of the Senate on June the Committee on Finance. other purposes; to the Committee on Fi- 27, 2012; to the Committee on Environment EC–6741. A communication from the Chief nance. and Public Works. of the Publications and Regulations Branch, By Mr. BURR: EC–6733. A communication from the Direc- Internal Revenue Service, Department of the S. 3353. A bill to amend title 38, United tor of the Regulatory Management Division, Treasury, transmitting, pursuant to law, the States Code, to require States to recognize Environmental Protection Agency, transmit- report of a rule entitled ‘‘Modification to the military experience of veterans when ting, pursuant to law, the report of a rule en- Consolidated Return Regulation Permitting issuing licenses and credentials to veterans, titled ‘‘Approval and Promulgation of Air an Election to Treat a Liquidation of a Tar- and for other purposes; to the Committee on Quality Implementation Plans; Indiana; get, Followed by a Recontribution to a New Veterans’ Affairs. Volatile Organic Compounds; Consumer Target, as a Cross-Chain Reorganization’’ By Mr. CASEY: Products’’ (FRL No. 9690–3) received in the (RIN1545–BI31) received in the Office of the S. 3354. A bill to authorize the Transition Office of the President of the Senate on June President of the Senate on June 27, 2012; to Assistance Advisor program of the Depart- 27, 2012; to the Committee on Environment the Committee on Finance. ment of Defense, and for other purposes; to and Public Works. EC–6742. A communication from the Chief EC–6734. A communication from the Direc- of the Publications and Regulations Branch, the Committee on Armed Services. tor of the Regulatory Management Division, Internal Revenue Service, Department of the By Mr. BINGAMAN (for himself, Mr. Environmental Protection Agency, transmit- Treasury, transmitting, pursuant to law, the KERRY, Mr. AKAKA, Mr. UDALL of New ting, pursuant to law, the report of a rule en- report of a rule entitled ‘‘Treatment of Over- Mexico, Mr. BROWN of Ohio, Mr. LIE- titled ‘‘Approval and Promulgation of Imple- all Foreign and Domestic Losses’’ (RIN1545– BERMAN, Mr. PRYOR, Mr. MENENDEZ, mentation Plans and Designations of Areas BH13) received in the Office of the President and Mr. DURBIN): for Air Quality Planning Purposes; Missouri of the Senate on June 27, 2012; to the Com- S. 3355. A bill to amend the Internal Rev- and Illinois; St. Louis Nonattainment Area; mittee on Finance. enue Code of 1986 to provide taxpayer protec- EC–6743. A communication from the Chief Determination of Attainment by Applicable tion and assistance, and for other purposes; of the Publications and Regulations Branch, Attainment Date for the 1997 Annual Fine to the Committee on Finance. Internal Revenue Service, Department of the Particulate Standards;’’ (FRL No. 9692–8) re- By Mr. PORTMAN (for himself, Mr. Treasury, transmitting, pursuant to law, the ceived in the Office of the President of the UDALL of New Mexico, Mr. WHITE- report of a rule entitled ‘‘Disregarded Enti- Senate on June 27, 2012; to the Committee on HOUSE, and Ms. SNOWE): ties and the Indoor Tanning Services Excise Environment and Public Works. S. 3356. A bill to strengthen the role of the Tax’’ (RIN1545–BK39) received in the Office of EC–6735. A communication from the Direc- United States in the international commu- the President of the Senate on June 27, 2012; tor of the Regulatory Management Division, nity of nations in conserving natural re- to the Committee on Finance. Environmental Protection Agency, transmit- sources to further global prosperity and se- EC–6744. A communication from the Chief curity; to the Committee on Foreign Rela- ting, pursuant to law, the report of a rule en- of the Publications and Regulations Branch, titled ‘‘Approval and Promulgation of Imple- tions. Internal Revenue Service, Department of the By Mr. UDALL of New Mexico (for mentation Plans; Louisiana; Regional Haze Treasury, transmitting, pursuant to law, the State Implementation Plan’’ (FRL No. 9692– himself and Mr. BINGAMAN): report of a rule entitled ‘‘Election to Include S. 3357. A bill to authorize the Secretary of 3) received in the Office of the President of in Gross Income in Year of Transfer’’ (Rev. the Senate on June 27, 2012; to the Com- the Interior to convey certain Federal land Proc. 2012–29) received in the Office of the in San Juan County, New Mexico, and for mittee on Environment and Public Works. President of the Senate on June 27, 2012; to EC–6736. A communication from the Direc- other purposes; to the Committee on Energy the Committee on Finance. and Natural Resources. tor of the Regulatory Management Division, EC–6745. A communication from the Sec- By Mr. CARDIN (for himself, Mr. KIRK, Environmental Protection Agency, transmit- retary of Education, transmitting, pursuant and Ms. MIKULSKI): ting, pursuant to law, the report of a rule en- to law, the Department’s Semiannual Report S. 3358. A bill to amend the Older Ameri- titled ‘‘Approval and Promulgation of Imple- to Congress on Audit Follow-up for the pe- cans Act of 1965 to provide social services mentation Plans; State of Georgia; Regional riod of October 1, 2011 through March 31, 2012; agencies with the resources to provide serv- Haze State Implementation Plan’’ (FRL No. to the Committee on Homeland Security and ices to meet the unique needs of the Holo- 9692–1) received in the Office of the President Governmental Affairs. of the Senate on June 27, 2012; to the Com- EC–6746. A communication from the Coun- caust survivors to age in place with dignity, mittee on Environment and Public Works. sel for Regulatory and External Affairs, Fed- comfort, security, and quality of life; to the EC–6737. A communication from the Direc- eral Labor Relations Board, transmitting, Committee on Health, Education, Labor, and tor of the Regulatory Management Division, pursuant to law, the report of a rule entitled Pensions. Environmental Protection Agency, transmit- ‘‘Representation Proceedings, Unfair Labor By Mr. PAUL: ting, pursuant to law, the report of a rule en- Practice Proceedings, and Miscellaneous and S. 3359. A bill to end the practice of includ- titled ‘‘Revisions to the California State Im- General Requirements’’ (5 CFR Parts 2422, ing more than one subject in a single bill by plementation Plan, Mojave Desert Air Qual- 2423, and 2429) received in the Office of the requiring that each bill enacted by Congress ity Management District (MDAQMD) and President of the Senate on June 27, 2012; to be limited to only one subject, and for other Yolo-Solano Air Quality Management Dis- the Committee on Homeland Security and purposes; to the Committee on Rules and Ad- trict (YSAQMD)’’ (FRL No. 9686–6) received Governmental Affairs. ministration. in the Office of the President of the Senate EC–6747. A communication from the Acting By Mr. PAUL: on June 27, 2012; to the Committee on Envi- Director, Office of General Counsel and S. 3360. A bill to preserve the constitu- ronment and Public Works. Legal Policy, Office of Government Ethics, tional authority of Congress and ensure ac- EC–6738. A communication from the Direc- transmitting, pursuant to law, the report of countability and transparency in legislation; tor of the Regulatory Management Division, a rule entitled ‘‘Executive Branch Qualified to the Committee on Rules and Administra- Environmental Protection Agency, transmit- Trusts’’ (RIN3209–AA00) received in the Of- tion. ting, pursuant to law, the report of a rule en- fice of the President of the Senate on June By Mr. PAUL: titled ‘‘Withdrawal of Direct Final Rule Re- 27, 2012; to the Committee on Homeland Se- S. 3361. A bill to end the unconstitutional vising the California State Implementation curity and Governmental Affairs. delegation of legislative power which was ex- Plan, South Coast Air Quality Management EC–6748. A communication from the Direc- clusively vested in the Senate and House of District’’ (FRL No. 9690–9) received in the Of- tor of the Regulatory Management Division, Representatives by article I, section 1 of the fice of the President of the Senate on June Environmental Protection Agency, transmit- Constitution of the United States, and to di- 27, 2012; to the Committee on Environment ting, pursuant to law, the report of a rule en- rect the Comptroller General of the United and Public Works. titled ‘‘Louisiana: Final Authorization of States to issue a report to Congress detailing EC–6739. A communication from the Chief State Hazardous Waste Management Pro- the extent of the problem of unconstitu- of the Publications and Regulations Branch, gram Revision’’ (FRL No. 9692–7) received in tional delegation to the end that such dele- Internal Revenue Service, Department of the the Office of the President of the Senate on gations can be phased out, thereby restoring Treasury, transmitting, pursuant to law, the June 27, 2012; to the Committee on Environ- the constitutional principle of separation of report of a rule entitled ‘‘Credit for Carbon ment and Public Works. power set forth in the first sections of the

VerDate Mar 15 2010 01:29 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JN6.015 S28JNPT1 smartinez on DSK7SPTVN1PROD with SENATE June 28, 2012 CONGRESSIONAL RECORD — SENATE S4725 Constitution of the United States; to the beer produced domestically by certain CORNYN) was added as a cosponsor of S. Committee on Homeland Security and Gov- small producers. 1591, supra. ernmental Affairs. S. 539 S. 1629 By Mr. RUBIO (for himself, Mr. BLUNT, At the request of Mr. WHITEHOUSE, Mr. CHAMBLISS, Mr. CORNYN, Mr. At the request of Mrs. GILLIBRAND, DEMINT, Mrs. HUTCHISON, Mr. INHOFE, the name of the Senator from New the name of the Senator from Montana Mr. LEE, Mr. NELSON of Florida, Mr. Hampshire (Mrs. SHAHEEN) was added (Mr. BAUCUS) was added as a cosponsor PAUL, Mr. RISCH, and Mr. THUNE): as a cosponsor of S. 539, a bill to amend of S. 1629, a bill to amend title 38, S.J. Res. 46. A joint resolution providing the Public Health Services Act and the United States Code, to clarify presump- for congressional disapproval under chapter 8 Social Security Act to extend health tions relating to the exposure of cer- of title 5, United States Code, of the rules information technology assistance eli- tain veterans who served in the vicin- submitted by the Department of the Treas- gibility to behavioral health, mental ury and the Internal Revenue Service relat- ity of the Republic of Vietnam, and for ing to the reporting requirements for inter- health, and substance abuse profes- other purposes. est that relates to deposits maintained at sionals and facilities, and for other S. 1929 United States offices of certain financial in- purposes. At the request of Mr. BLUMENTHAL, stitutions and is paid to certain nonresident S. 960 the names of the Senator from Ten- alien individuals; to the Committee on Fi- At the request of Mr. KERRY, the nessee (Mr. ALEXANDER), the Senator nance. name of the Senator from Mississippi from Delaware (Mr. CARPER), the Sen- f (Mr. WICKER) was added as a cosponsor ator from Wisconsin (Mr. KOHL), the SUBMISSION OF CONCURRENT AND of S. 960, a bill to provide for a study Senator from Rhode Island (Mr. REED) SENATE RESOLUTIONS on issues relating to access to intra- and the Senator from Kansas (Mr. ROB- venous immune globulin (IVG) for ERTS) were added as cosponsors of S. The following concurrent resolutions Medicare beneficiaries in all care set- 1929, a bill to require the Secretary of and Senate resolutions were read, and tings and a demonstration project to the Treasury to mint coins in com- referred (or acted upon), as indicated: examine the benefits of providing cov- memoration of Mark Twain. By Mrs. GILLIBRAND: erage and payment for items and serv- S. 1935 S. Res. 513. A resolution recognizing the ices necessary to administer IVG in the At the request of Mrs. HAGAN, the 200th anniversary of the War of 1812, which home. was fought between the United States of name of the Senator from Arkansas America and Great Britain beginning on S. 974 (Mr. PRYOR) was added as a cosponsor June 18, 1812, in response to British viola- At the request of Ms. SNOWE, the of S. 1935, a bill to require the Sec- tions of neutral rights of the United States, name of the Senator from Maryland retary of the Treasury to mint coins in seizure of ships of the United States, restric- (Mr. CARDIN) was added as a cosponsor recognition and celebration of the 75th tion of trade between the United States and of S. 974, a bill to amend the Internal anniversary of the establishment of the other countries, and the impressment of sail- Revenue Code of 1986 to expand the tip March of Dimes Foundation. ors of the United States into the Royal tax credit to employers of cosmetolo- S. 2104 Navy; to the Committee on the Judiciary. gists and to promote tax compliance in By Mr. CARDIN (for himself and Ms. At the request of Mr. CARDIN, the the cosmetology sector. MIKULSKI): name of the Senator from New Mexico S. 1147 S. Res. 514. A resolution commemorating (Mr. UDALL) was added as a cosponsor the victory of Loyola University Maryland At the request of Mr. BLUMENTHAL, of S. 2104, a bill to amend the Water in the 2012 NCAA Division I Men’s Lacrosse the name of the Senator from Ohio Resources Research Act of 1984 to reau- National Championship; considered and (Mr. BROWN) was added as a cosponsor agreed to. thorize grants for and require applied of S. 1147, a bill to amend the Depart- water supply research regarding the By Ms. MIKULSKI (for herself, Ms. ment of Veterans Affairs Health Care COLLINS, Ms. LANDRIEU, Ms. SNOWE, water resources research and tech- Programs Enhancement Act of 2001 and Mrs. FEINSTEIN, Ms. MURKOWSKI, Mrs. nology institutes established under BOXER, Ms. CANTWELL, Mrs. MURRAY, title 38, United States Code, to require that Act. Ms. STABENOW, Ms. KLOBUCHAR, Mrs. the provision of chiropractic care and S. 2165 SHAHEEN, Mrs. GILLIBRAND, and Mrs. service to veterans at all Department At the request of Mr. ISAKSON, the MCCASKILL): of Veterans Affairs medical centers and S. Res. 515. A resolution honoring Catholic to expand access to such care and serv- name of the Senator from South Caro- Sisters for their contributions to the United ices, and for other purposes. lina (Mr. GRAHAM) was added as a co- States; to the Committee on the Judiciary. sponsor of S. 2165, a bill to enhance S. 1251 strategic cooperation between the f At the request of Mr. CARPER, the United States and Israel, and for other name of the Senator from Maine (Ms. ADDITIONAL COSPONSORS purposes. SNOWE) was added as a cosponsor of S. S. 387 1251, a bill to amend title XVIII and S. 2179 At the request of Mrs. BOXER, the XIX of the Social Security Act to curb At the request of Mr. WEBB, the name name of the Senator from Texas (Mrs. waste, fraud, and abuse in the Medicare of the Senator from Texas (Mrs. HUTCHISON) was added as a cosponsor of and Medicaid programs. HUTCHISON) was added as a cosponsor of S. 387, a bill to amend title 37, United S. 1299 S. 2179, a bill to amend title 38, United States Code, to provide flexible spend- States Code, to improve oversight of At the request of Mr. MORAN, the ing arrangements for members of uni- name of the Senator from Ohio (Mr. educational assistance provided under formed services, and for other pur- laws administered by the Secretary of PORTMAN) was added as a cosponsor of poses. S. 1299, a bill to require the Secretary Veterans Affairs and the Secretary of S. 466 of the Treasury to mint coins in com- Defense, and for other purposes. At the request of Mr. NELSON of Flor- memoration of the centennial of the S. 2189 ida, the name of the Senator from establishment of Lions Clubs Inter- At the request of Mr. HARKIN, the Maryland (Ms. MIKULSKI) was added as national. name of the Senator from Pennsyl- a cosponsor of S. 466, a bill to provide S. 1591 vania (Mr. CASEY) was added as a co- for the restoration of legal rights for At the request of Mrs. GILLIBRAND, sponsor of S. 2189, a bill to amend the claimants under holocaust-era insur- the name of the Senator from Rhode Is- Age Discrimination in Employment ance policies. land (Mr. REED) was added as a cospon- Act of 1967 and other laws to clarify ap- S. 534 sor of S. 1591, a bill to award a Congres- propriate standards for Federal anti- At the request of Mr. KERRY, the sional Gold Medal to Raoul discrimination and antiretaliation name of the Senator from Connecticut Wallenberg, in recognition of his claims, and for other purposes. (Mr. BLUMENTHAL) was added as a co- achievements and heroic actions dur- S. 2620 sponsor of S. 534, a bill to amend the ing the Holocaust. At the request of Mr. SCHUMER, the Internal Revenue Code of 1986 to pro- At the request of Mr. JOHANNS, the name of the Senator from Illinois (Mr. vide a reduced rate of excise tax on name of the Senator from Texas (Mr. DURBIN) was added as a cosponsor of S.

VerDate Mar 15 2010 02:17 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JN6.017 S28JNPT1 smartinez on DSK7SPTVN1PROD with SENATE S4726 CONGRESSIONAL RECORD — SENATE June 28, 2012 2620, a bill to amend title XVIII of the S.J. RES. 45 the unpaid support of family care- Social Security Act to provide for an At the request of Mrs. HUTCHISON, the givers, or have to resort to unnecessary extension of the Medicare-dependent names of the Senator from Mississippi institutionalization. hospital (MDH) program and the in- (Mr. COCHRAN) and the Senator from All aging Americans deserve access creased payments under the Medicare Mississippi (Mr. WICKER) were added as to needed community supports and low-volume hospital program. cosponsors of S.J. Res. 45, a joint reso- services in comfortable settings that S. 2884 lution amending title 36, United States are neither mentally nor physically At the request of Ms. STABENOW, the Code, to designate June 19 as traumatizing. These great Americans names of the Senator from Oregon (Mr. ‘‘Juneteenth Independence Day’’. deserve our efforts to ensure that they MERKLEY) and the Senator from Illi- S. RES. 150 are better able to age in place. I ask nois (Mr. DURBIN) were added as co- At the request of Mr. INHOFE, the my colleagues to join me in support of sponsors of S. 2884, a bill to provide an name of the Senator from Missouri this bill. incentive for businesses to bring jobs (Mr. BLUNT) was added as a cosponsor f back to America. of S. Res. 150, a resolution calling for SUBMITTED RESOLUTIONS S. 3203 the protection of religious minority rights and freedoms in the Arab world. At the request of Mr. LAUTENBERG, the name of the Senator from Texas f SENATE RESOLUTION 513—RECOG- NIZING THE 200TH ANNIVERSARY (Mrs. HUTCHISON) was added as a co- STATEMENTS ON INTRODUCED OF THE WAR OF 1812, WHICH WAS sponsor of S. 3203, a bill to amend title BILLS AND JOINT RESOLUTIONS FOUGHT BETWEEN THE UNITED 10, United States Code, to limit in- By Mr. CARDIN (for himself, Mr. creases in the certain costs of health STATES OF AMERICA AND KIRK, and Ms. MIKULSKI): care services under the health care pro- GREAT BRITAIN BEGINNING ON S. 3358. A bill to amend the Older JUNE 18, 1812, IN RESPONSE TO grams of the Department of Defense, Americans Act of 1965 to provide social and for other purposes. BRITISH VIOLATIONS OF NEU- services agencies with the resources to TRAL RIGHTS OF THE UNITED S. 3204 provide services to meet the unique STATES, SEIZURE OF SHIPS OF At the request of Mr. JOHANNS, the needs of the Holocaust survivors to age THE UNITED STATES, RESTRIC- name of the Senator from Mississippi in place with dignity, comfort, secu- TION OF TRADE BETWEEN THE (Mr. WICKER) was added as a cosponsor rity, and quality of life; to the Com- UNITED STATES AND OTHER of S. 3204, a bill to address fee disclo- mittee on Health, Education, Labor, COUNTRIES, AND THE IMPRESS- sure requirements under the Electronic and Pensions. MENT OF SAILORS OF THE Fund Transfer Act, and for other pur- Mr. CARDIN. Mr. President, I rise UNITED STATES INTO THE poses. today on behalf of myself and Senators ROYAL NAVY S. 3245 KIRK and MIKULSKI to introduce the Mrs. GILLIBRAND submitted the fol- Responding to Urgent needs of Sur- At the request of Mr. LEAHY, the lowing resolution; which was referred vivors of the Holocaust Act or the names of the Senator from Wisconsin to the Committee on the Judiciary: (Mr. KOHL), the Senator from Utah (Mr. RUSH Act. S. RES. 513 HATCH), the Senator from Florida (Mr. Our bill will provide needed protec- Whereas in standing up to the British, and RUBIO), the Senator from New York tions for survivors of the Holocaust who managed to make it to the United fighting the conquerors of Napoleon to a (Mr. SCHUMER), the Senator from Utah draw, the War of 1812 revived flagging na- (Mr. LEE) and the Senator from North States after years of prolonged terror, tionalism, cleared the way for expanded Dakota (Mr. CONRAD) were added as co- abuse, and desperation. Millions fled overseas trade, and ended an era of introver- sponsors of S. 3245, a bill to perma- from the cruelty of the Nazi regime be- sion by the United States; nently reauthorize the EB-5 Regional tween 1933 and 1945, from territories Whereas most of the public buildings of Center Program, the E-Verify Pro- annexed, invaded or occupied by Nazi Washington, D.C. were set alight, including gram, the Special Immigrant Nonmin- Germany and from their Axis partner the White House and the Capitol; ister Religious Worker Program, and countries in Europe as well. Whereas Sackets Harbor, New York, on the eastern shore of Lake Ontario, was the site the Conrad State 30 J-1 Visa Waiver Millions of others were killed during the Holocaust, exterminated by a ruth- of more naval construction during the war Program. than anywhere else; S. 3290 less machine propagated by the Nazi Whereas the war came to the State of New party. Those who escaped the terror of At the request of Mr. VITTER, the York in late December 1813 when the village name of the Senator from Iowa (Mr. the Nazi regime carried with them ex- of Black Rock, located 2 miles below Buffalo periences that can never be forgotten, on the front lines of the war, was torched by GRASSLEY) was added as a cosponsor of the British and only 1 house was spared; S. 3290, a bill to prohibit discrimina- and have adversely affected their ability to cope with institutionalized set- Whereas Buffalo, of which it is said that tion against the unborn on the basis of ‘‘no other town in the United States saw sex or gender, and for other purposes. tings. Many Holocaust survivors living in more of the war’’, came under regular siege S. 3308 from the British and was ultimately burned the United States would prefer to despite assurances that private property At the request of Mr. HELLER, the spend their days at home with their name of the Senator from Kansas (Mr. would be spared; families, rather than being moved into Whereas the British capture of Fort Niag- MORAN) was added as a cosponsor of S. settings where they lose autonomy, ara, in a surprise night offensive on Decem- 3308, a bill to amend title 38, United privacy, and control, which can bring ber 18, 1813, provided control over the mouth States Code, to improve the furnishing back painful trauma from their experi- of the Niagara River to the British as well as of benefits for homeless veterans who ences under Nazi rule. This bill would the launching pad for its attacks on Buffalo are women or who have dependents, amend the Older Americans Act to en- and Black Rock; and for other purposes. Whereas the town of Lewiston, New York, sure that Holocaust survivors can bet- which served as the headquarters for the S. 3320 ter access needed services, such as United States Army during its attack across At the request of Mr. BINGAMAN, the health care and nutrition services, the river at Queenston, Ontario, was the tar- names of the Senator from Colorado without having to live in a nursing or get of British retaliation in December 1813, (Mr. BENNET) and the Senator from assisted living facility. resulting in the deaths of many civilians and Montana (Mr. TESTER) were added as As of 2010, there were approximately the destruction of all buildings; cosponsors of S. 3320, a bill to authorize 127,000 Holocaust survivors living in Whereas despite being outnumbered 30 to 1, the Administrator of the Federal the United States, and more than three members of the Tuscarora Nation offered the Emergency Management Agency to quarters of them are over age 75, with first resistance the British and Mohawk allies had seen, saving the lives of dozens of waive the 30-day waiting period for a majority in their 80s and 90s. By fo- Lewiston citizens by allowing them to escape flood insurance policies purchased for cusing on home and community-based the attack; private properties affected by wildfire long-term care, we can help ensure Whereas Jacob Brown, a pioneer settler in on Federal lands. that fewer survivors are dependent on the Black River country of upstate New

VerDate Mar 15 2010 01:29 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JN6.012 S28JNPT1 smartinez on DSK7SPTVN1PROD with SENATE June 28, 2012 CONGRESSIONAL RECORD — SENATE S4727 York and a general in the New York Militia, Whereas Loyola became just the ninth the vital mission of teaching our children in led the successful defense of Fort Erie in the team to win an NCAA Division I Men’s La- schools, healing the sick in hospitals, feed- late summer of 1814, which lifted the sprits crosse National Championship since the first ing the hungry, sheltering the homeless, ad- of the people of the United States at an im- championship was held in 1971; ministering major institutions, encouraging portant time and resulted in Brown emerg- Whereas the Loyola Greyhounds secured corporate responsibility, and advocating for ing from the war a national hero; their victory in only their second appearance public policies that honor human dignity; Whereas the British plan to invade from in a national championship, having been de- and the North, in a manner similar to that of feated by Syracuse in 1990; Whereas the congregations of women reli- General John Burgoyne in 1777, was halted at Whereas the vision and leadership of the gious, along with their respective organiza- Plattsburgh, New York in September 1814; Rev. Brian Linnane, S.J. and Jim Paquette, tions, make the United States stronger and Whereas the victory at Plattsburgh shat- Loyola University’s President and Athletic deserve our deepest appreciation: Now, tered any hopes of British gains in the Director, respectively, were instrumental in therefore, be it North, helped maintain national morale bringing academic and athletic success, as Resolved, That the Senate— after Washington was sacked in that dark well as national recognition, to Loyola Uni- (1) recognizes and commends the Catholic summer of 1814, and was described by Win- versity Maryland; and Sisters of the United States, whose inspiring ston Churchill as the ‘‘most decisive engage- Whereas the 2012 Loyola University Mary- legacy of service enriches the Nation; ment of the war’’; land men’s lacrosse team has brought great (2) honors the contributions of Catholic Whereas from the death and destruction of honor and pride to their university, the Sisters to the Nation; and the War of 1812 there was born a spirit of co- State of Maryland, and the United States: (3) stands in solidarity with Catholic Sis- operation and a vision of peace between the Now, therefore, be it ters in their work toward a more just society United States and Canada; Resolved, That the Senate— for all of God’s people. Whereas the unparalleled cooperation, (1) congratulates the Loyola University f prosperity, and friendship that developed be- Maryland Greyhounds for winning the 2012 tween the United States and Canada since NCAA Division I Men’s Lacrosse National AMENDMENTS SUBMITTED AND the War of 1812 find the deepest roots and Championship; PROPOSED daily expressions in the border communities (2) recognizes the achievements of the across upstate New York, which was the players, coaches, students, and staff whose SA 2488. Mrs. MURRAY (for herself, Mr. front line of the War of 1812; hard work and dedication were key to MCCAIN, Mr. LEVIN, Mr. LIEBERMAN, Ms. Whereas the bicentennial of the War of 1812 Loyola’s victory in the championship game; AYOTTE, Mr. CONRAD, Mr. GRAHAM, Mr. offers an exceptional opportunity to ac- and INHOFE, Ms. COLLINS, and Mr. SESSIONS) sub- knowledge and celebrate the true and lasting (3) requests the Secretary of the Senate to mitted an amendment intended to be pro- legacy of 200 years of peace between the transmit for appropriate display an enrolled posed by her to the bill S. 1940, to amend the United States and Canada; and copy of this resolution to Loyola University National Flood Insurance Act of 1968, to re- Whereas through the turmoil of war, a President Rev. Brian Linnane, S.J. and Loy- store the financial solvency of the flood in- young nation endured and saw its banner ola University Men’s Lacrosse Head Coach surance fund, and for other purposes; which continue to wave over a land free and brave: Charley Toomey. was ordered to lie on the table. Now, therefore, be it f f Resolved, That the Senate recognizes the 200th anniversary of the War of 1812. SENATE RESOLUTION 515—HON- TEXT OF AMENDMENTS ORING CATHOLIC SISTERS FOR f THEIR CONTRIBUTIONS TO THE SA 2488. Mrs. MURRAY (for herself, SENATE RESOLUTION 514—COM- UNITED STATES Mr. MCCAIN, Mr. LEVIN, Mr. LIEBER- MEMORATING THE VICTORY OF MAN, Ms. AYOTTE, Mr. CONRAD, Mr. Ms. MIKULSKI (for herself, Ms. COL- GRAHAM, Mr. INHOFE, Ms. COLLINS, and LOYOLA UNIVERSITY MARYLAND LINS, Ms. LANDRIEU, Ms. SNOWE, Mrs. IN THE 2012 NCAA DIVISION I Mr. SESSIONS) submitted an amend- FEINSTEIN, Ms. MURKOWSKI, Mrs. ment intended to be proposed by her to MEN’S LACROSSE NATIONAL BOXER, Ms. CANTWELL, Mrs. MURRAY, CHAMPIONSHIP the bill S. 1940, to amend the National Ms. STABENOW, Ms. KLOBUCHAR, Mrs. Flood Insurance Act of 1968, to restore Mr. CARDIN (for himself and Ms. MI- SHAHEEN, Mrs. GILLIBRAND, and Mrs. the financial solvency of the flood in- KULSKI) submitted the following resolu- MCCASKILL) submitted the following surance fund, and for other purposes; tion; which was considered and agreed resolution; which was referred to the which was ordered to lie on the table; to: Committee on the Judiciary: as follows: S. RES. 514 S. RES. 515 At the appropriate place, insert the fol- Whereas on May 28, 2012, Loyola University Whereas approximately 220,000 Catholic lowing: Maryland won its first NCAA Division I Sisters have served in the United States be- SEC. ll. REPORTS ON EFFECTS OF DEFENSE Men’s Lacrosse National Championship and ginning even before the Nation’s founding; AND NONDEFENSE BUDGET SEQUES- the first Division I national title in the his- Whereas approximately 57,000 Catholic Sis- TRATION. tory of the school; ters serve in the United States today; (a) FINDINGS.—Congress makes the fol- Whereas Loyola is the smallest school in Whereas Catholic Sisters are women who lowing findings: NCAA history to win the Division I Men’s dedicate their lives to God by serving God’s (1) The inability of the Joint Select Com- Lacrosse National Championship, with only people, especially the poor, the sick, and the mittee on Deficit Reduction to find 3,863 undergraduate students; marginalized; $1,200,000,000,000 in savings will trigger auto- Whereas the Loyola Greyhounds finished Whereas, fortified by a deep faith in God matic funding reductions known as ‘‘seques- the men’s lacrosse season with a record of 18 and an unwavering commitment to the com- tration’’ to raise an equivalent level of sav- wins and 1 loss; mon good, American nuns built the Catholic ings between fiscal years 2013 and 2021. Whereas the Loyola Greyhounds set a Church in the United States through their (2) These savings are in addition to NCAA record for the fewest goals allowed ministry to the vulnerable, the sick, and the $900,000,000,000 in deficit reduction resulting during a men’s lacrosse championship game; poor; from discretionary spending limits estab- Whereas 5 members of the Loyola Grey- Whereas individuals trained by the Catho- lished by the Budget Control Act of 2011. hounds, Joe Fletcher, Josh Hawkins, Eric lic Sisters serve as health providers in com- (b) REPORTS.— Lusby, Scott Ratliff, and Jack Runkel, were munities across the Nation; (1) REPORT BY THE DIRECTOR OF THE OFFICE named members of the All-Tournament Whereas Catholic hospitals treated ap- OF MANAGEMENT AND BUDGET.— team; proximately one in 6 patients in the United (A) IN GENERAL.—Not later than 90 days Whereas Loyola senior Eric Lusby was States; after the date of enactment of this Act, or named the Most Outstanding Player of the Whereas Catholic Sisters helped establish November 30, 2012, whichever is earlier, the 2012 NCAA Division I Men’s Lacrosse Na- the Nation’s largest private school system Director of the Office of Management and tional Championship after scoring 4 goals in and founded more than 150 colleges and uni- Budget shall submit a report to the Commit- the title game, while also setting a tour- versities and educated millions of young peo- tees on Appropriations and the Budget of the nament record with a total of 17 goals in 4 ple in the United States; House of Representatives and the Senate games; Whereas, since 1980, 9 Catholic Sisters from with respect to a sequestration under section Whereas sophomore goalie Jack Runkel the United States have been martyred while 251(a) of the Balanced Budget and Emergency had 6 saves in the championship game, hold- working for social justice and human rights Deficit Control Act of 1985. ing the University of Maryland to only 3 overseas; (B) ELEMENTS.—The report required by goals; Whereas Catholic Sisters who have an- subparagraph (A) shall include the following: Whereas the 18 wins by the Loyola Grey- swered the call of the Second Vatican Coun- (i) Each account that would be subject to hounds this season set a program record; cil to seek ‘‘justice in the world’’ continue such a sequestration.

VerDate Mar 15 2010 01:29 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JN6.021 S28JNPT1 smartinez on DSK7SPTVN1PROD with SENATE S4728 CONGRESSIONAL RECORD — SENATE June 28, 2012 (ii) Each account that would be subject to (XI) an assessment of the impact on ongo- the United States, and any changes to the such a sequestration but subject to a special ing government operations and the safety of most recent Risk Assessment of the Chair- rule under section 255 or 256 of the Balanced Federal Government personnel; man of the Joint Chiefs of Staff under sec- Budget and Emergency Deficit Control Act (XII) a detailed estimate of the reduction tion 153(b) of title 10, United States Code, of 1985 (and the citation to such rule). in force of civilian personnel as a result of arising from sequestration. (iii) Each account that would be exempt sequestration, including the estimated tim- f from such a sequestration. ing of such reduction in force actions and the (C) CATEGORIZE AND GROUP.—The report re- timing of reduction in force notifications AUTHORITY FOR COMMITTEES TO quired under this paragraph shall categorize thereof; and MEET and group the listed accounts by the appro- (XIII) an estimate of the number and value priations Act covering such accounts of all contracts that may be terminated, re- COMMITTEE ON COMMERCE, SCIENCE, AND (2) REPORT BY THE PRESIDENT.— structured, or revised in scope as a result of TRANSPORTATION (A) IN GENERAL.—Not later than 60 days sequestration, including an estimate of po- Mr. UDALL of New Mexico. Mr. after the date of the enactment of this Act tential termination costs and of increased President, I ask unanimous consent or by October 30, 2012, whichever is earlier, contract costs due to renegotiation and rein- that the Committee on Commerce, the President shall submit to Congress a de- statement of contracts; tailed report on the sequestration required (iii) for direct spending— Science, and Transportation be author- by paragraphs (7)(A) and (8) of section 251A (I) an estimate for the defense and non- ized to meet during the session of the of the Balanced Budget and Emergency Def- defense functions based on current law of the Senate on June 28, 2012, at 10 a.m. in icit Control Act of 1985 (2 U.S.C. 901a) for fis- sequestration percentages and amount nec- room 253 of the Russell Senate Office cal year 2013 using enacted levels of appro- essary to achieve the required reduction; Building. priations for accounts funded pursuant to an (II) a specific identification of the reduc- The Committee will hold a hearing enacted regular appropriations bill for fiscal tions required for each nonexempt direct entitled, ‘‘The Need for Privacy Protec- year 2013, and a rate for operations as pro- spending account at the program, project, vided in the applicable appropriations Acts and activity level; and tions: Is Industry Self-Regulation Ade- for fiscal year 2012 and under the authority (III) a specific identification of exempt di- quate?’’ and conditions provided in such Acts for ac- rect spending accounts at the program, The PRESIDING OFFICER. Without counts not funded through an enacted appro- project, and activity level; and objection, it is so ordered. priations measure for fiscal year 2013. (iv) any other data or information that COMMITTEE ON ENERGY AND NATURAL (B) ELEMENTS.—The reports required by would enhance public understanding of the RESOURCES subparagraph (A) shall include— sequester and its effect on the defense and Mr. UDALL of New Mexico. Mr. (i) for discretionary appropriations— nondefense functions of the Federal Govern- (I) an estimate for each category, of the se- ment including the impact on essential pub- President, I ask unanimous consent questration percentages and amounts nec- lic safety responsibilities such as— that the Committee on Energy and essary to achieve the required reduction; and (I) the impact on essential public safety re- Natural Resources be authorized to (II) an identification of each account to be sponsibilities such as homeland security, meet during the session of the Senate sequestered and estimates of the level of food safety, and air traffic control activities; on June 28, 2012, at 9:30 a.m. in room sequestrable budgetary resources and the (II) an assessment of the impact of cuts to 366 of the Dirksen Senate Office Build- amount of budgetary resources to be seques- programs that the Nation’s farmers rely on ing. tered at the program, project, and activity to help them through difficult economic level; times; and The PRESIDING OFFICER. Without (ii) for non-defense discretionary spending (III) an assessment of the impact of Medi- objection, it is so ordered. only— care cuts to the ability for seniors to access COMMITTEE ON FOREIGN RELATIONS (I) a list of the programs, projects, and ac- care. Mr. UDALL of New Mexico. Mr. tivities that would be reduced or terminated; (3) REPORT BY THE SECRETARY OF DE- President, I ask unanimous consent (II) an assessment of the jobs lost directly FENSE.— that the Committee on Foreign Rela- though program and personnel cuts; (A) IN GENERAL.—Not later than August 15, (III) an estimate of the impact program 2012, the Secretary of Defense shall submit tions be authorized to meet during the cuts would have on the long-term competi- to Congress a report on the impact on na- session of the Senate on June 28, 2012, tiveness of the United States and its ability tional defense accounts of the sequestration at 9:30 a.m., to hold a hearing entitled, to maintain its lead in research and develop- required by paragraphs (7)(A) and (8) of sec- ‘‘The Law of the Sea Convention (Trea- ment, as well as the impact on our national tion 251A of the Balanced Budget and Emer- ty Doc. 103–39): Perspectives from Busi- goal to graduate the most students with de- gency Deficit Control Act of 1985 (2 U.S.C. ness and Industry.’’ grees in in-demand fields; 901a) using enacted levels of appropriations (IV) an assessment of the impact of pro- for accounts funded pursuant to an enacted The PRESIDING OFFICER. Without gram cuts to education funding across the regular appropriations bill for fiscal year objection, it is so ordered. country, including estimates on teaching 2013, and a rate for operations as provided in COMMITTEE ON INDIAN AFFAIRS jobs lost, the number of students cut off pro- the applicable appropriations Acts for fiscal Mr. UDALL of New Mexico. Mr. grams they depend on, and education re- year 2012 and under the authority and condi- President, I ask unanimous consent sources lost by States and local educational tions provided in such Acts for accounts not that the Committee on Indian Affairs agencies; funded through an enacted appropriations (V) an analysis of the impact of cuts to measure for fiscal year 2013. be authorized to meet during the ses- programs middle class families and the most (B) ELEMENTS OF THE DEFENSE REPORTS.— sion of the Senate on June 28, 2012, in vulnerable families depend on, including es- The report required by subparagraph (A) room SD–628 of the Dirksen Senate Of- timates of how many families would lose ac- shall include the following: fice Building, at 2:15 p.m. cess to support for children, housing and nu- (i) An assessment of the impact on ongoing The PRESIDING OFFICER. Without trition assistance, and skills training to help operations and the safety of United States objection, it is so ordered. workers get better jobs; military and civilian personnel. COMMITTEE ON THE JUDICIARY (VI) an analysis of the impact on small (ii) An assessment of the impact on the business owners’ ability to access credit and readiness of the Armed Forces, including im- Mr. UDALL of New Mexico. Mr. support to expand and create jobs; pacts to steaming hours, flying hours, and President, I ask unanimous consent (VII) an assessment of the impact to public full spectrum training miles, and an esti- that the Committee on the Judiciary safety, including an estimate of the reduc- mate of the increase or decrease in readiness be authorized to meet during the ses- tion of police officers, emergency medical (as defined in the C status C–1 through C–5). sion of the Senate, on June 28, 2012, at technicians, and firefighters; (iii) A detailed estimate of the reduction in 11 a.m., in SD–226 of the Dirksen Sen- (VIII) a review of the health and safety im- force of civilian personnel, including the es- ate Office Building, to conduct an exec- pact of cuts on communities, including the timated timing of such reduction in force ac- impact on food safety, national border secu- tions and timing of reduction in force notifi- utive business meeting. rity, and environmental cleanup; cations thereof. The PRESIDING OFFICER. Without (IX) an assessment of the impact of seques- (iv) An estimate of the number and value objection, it is so ordered. tration on environmental programs that proof all contracts that will be terminated, re- SELECT COMMITTEE ON INTELLIGENCE tect the Nation’s air and water, and safe- structured, or revised in scope, including an Mr. UDALL of New Mexico. Mr. guard children and families; estimate of potential termination costs and President, I ask unanimous consent (X) assessment of the impact of sequestra- of increased contract costs due to renegoti- tion on the Nation’s infrastructure, includ- ation and reinstatement of contracts. that the Select Committee on Intel- ing how cuts would harm the ability of (v) An assessment of the impact on the ligence be authorized to meet during States and communities to invest in roads, ability of the Department of Defense to the session of the Senate on June 28, bridges, and waterways. carry out the National Military Strategy of 2012, at 2:30 p.m.

VerDate Mar 15 2010 01:29 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JN6.029 S28JNPT1 smartinez on DSK7SPTVN1PROD with SENATE June 28, 2012 CONGRESSIONAL RECORD — SENATE S4729 The PRESIDING OFFICER. Without There being no objection, the Senate Coach Charley Toomey, Athletic Direc- objection, it is so ordered. proceeded to consider the resolution. tor Jim Paquette, and President, the AFRICAN AFFAIRS SUBCOMMITTEE Mr. CARDIN. Mr. President, I rise Rev. Brian Linnane, S.J. on a cham- Mr. UDALL of New Mexico. Mr. today to recognize and commemorate pionship season and the many amazing President, I ask unanimous consent Loyola University of Maryland’s vic- achievements that carried the Grey- that the Committee on Foreign Rela- tory in the 2012 NCAA Men’s Lacrosse hounds to victory. tions be authorized to meet during the Championship and to honor the play- Mr. REID. Mr. President, I ask unanimous consent the resolution be agreed session of the Session on June 18, 2012, ers, coaches, and administrators who to, the preamble be agreed to, the mo- at 2:30 p.m., to hold an African Affairs helped to secure Loyola’s first Division tions to reconsider be laid upon the subcommittee hearing entitled, ‘‘Eco- I National Championship. table, with no intervening action or de- nomic Statecraft: Embracing Africa’s For much of recent history, NCAA bate, and any statements be printed in Market Potential.’’ Division I Lacrosse has been dominated by a small group of eight, elite pro- the RECORD. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without objection, it is so ordered. grams. But last month, a Jesuit university on Charles Street in downtown objection, it is so ordered. f Baltimore became the smallest school The resolution (S. Res. 514) was ever to win a Division I National agreed to. PRIVILEGES OF THE FLOOR The preamble was agreed to. Championship. Loyola joins the ranks Mr. HARKIN. Mr. President, I ask The resolution, with its preamble, of such universities as Johns Hopkins unanimous consent that Chris Ledoux, reads as follows: University, the University of Mary- a detailee on Senator JOHNSON’s Bank- S. RES. 514 land, Syracuse, and Cornell, in becoming Committee staff, be granted floor Whereas on May 28, 2012, Loyola University ing just the ninth team to win a cham- privileges for the remainder of today’s Maryland won its first NCAA Division I pionship since the event’s creation in session. Men’s Lacrosse National Championship and 1971. The PRESIDING OFFICER. Without the first Division I national title in the his- This year’s Division I National tory of the school; objection, it is so ordered. Championship set the stage for an Whereas Loyola is the smallest school in Ms. LANDRIEU. Mr. President, I ask afternoon of record-shattering lacrosse. NCAA history to win the Division I Men’s unanimous consent that John Bolanos The Greyhound defense and goalkeeper Lacrosse National Championship, with only be granted the privilege of the floor for Jack Runkel set a new NCAA Division 3,863 undergraduate students; the remainder of today’s session. Whereas the Loyola Greyhounds finished I record for fewest goals allowed in a the men’s lacrosse season with a record of 18 The PRESIDING OFFICER. Without national championship game, giving up objection, it is so ordered. wins and 1 loss; only three goals despite a barrage of Whereas the Loyola Greyhounds set a Mr. REED. Mr. President, I ask unan- nearly thirty shots taken by the highly NCAA record for the fewest goals allowed imous consent that members of Sen- motivated University of Maryland of- during a men’s lacrosse championship game; ator BINGAMAN’s staff—Lisa Peterkin, fense. Whereas 5 members of the Loyola Grey- James Anderson, Bijan Peters, Kendra Loyola University’s star offensive hounds, Joe Fletcher, Josh Hawkins, Eric Doychak, and Eugenia Woods—be player, Eric Lusby, had a busy day as Lusby, Scott Ratliff, and Jack Runkel, were named members of the All-Tournament granted the privileges of the floor for well. He scored four goals in the cham- the pendency of today, Thursday, June, team; pionship game, bringing his total to 17 Whereas Loyola senior Eric Lusby was 28, 2012. during the final four games of the sea- named the Most Outstanding Player of the The PRESIDING OFFICER. Without son, setting a new NCAA tournament 2012 NCAA Division I Men’s Lacrosse Na- objection, it is so ordered. record. He also broke Loyola’s single tional Championship after scoring 4 goals in f season scoring record with a total of 54 the title game, while also setting a tour- goals. nament record with a total of 17 goals in 4 NOTICE: REGISTRATION OF MASS Loyola University players were not games; MAILINGS Whereas sophomore goalie Jack Runkel the only ones to break records last had 6 saves in the championship game, hold- The filing date for the 2012 second month. Head Coach Charley Toomey ing the University of Maryland to only 3 quarter Mass Mailing report is Wednes- became the first coach ever to win an goals; day, July 25, 2012. If your office did no NCAA title on his first trip to the Whereas the 18 wins by the Loyola Grey- mass mailings during this period, NCAA tournament. With 18 wins and hounds this season set a program record; please submit a form that states only one loss, the players and coaches Whereas Loyola became just the ninth ‘‘none.’’ of the 2012 Greyhounds lacrosse team team to win an NCAA Division I Men’s La- crosse National Championship since the first Mass mailing registrations, or nega- have firmly cemented themselves as championship was held in 1971; tive reports, should be submitted to the most successful team in Loyola’s Whereas the Loyola Greyhounds secured the Senate Office of Public Records, 232 history. The team’s achievements are their victory in only their second appearance Hart Building, Washington, D.C. 20510– even more impressive when you con- in a national championship, having been de- 7116. sider that the Greyhounds started the feated by Syracuse in 1990; The Senate Office of Public Records season as an unranked team. Whereas the vision and leadership of the will be open from 9:00 a.m. to 6:00 p.m. Lacrosse has long played a central Rev. Brian Linnane, S.J. and Jim Paquette, on the filing date to accept these fil- Loyola University’s President and Athletic role in the athletic culture of Mary- Director, respectively, were instrumental in ings. For further information, please land, and I am proud to see that this bringing academic and athletic success, as contact the Senate Office of Public year’s All-Tournament Team selec- well as national recognition, to Loyola Uni- Records at (202) 224–0322. tions reflect this reality. Eight of the versity Maryland; and Whereas the 2012 Loyola University Mary- f ten players selected to receive All- Tournament honors call Maryland land men’s lacrosse team has brought great COMMEMORATING THE VICTORY home, with five coming from the Loy- honor and pride to their university, the OF LOYOLA UNIVERSITY MARY- State of Maryland, and the United States: ola Greyhounds team and three from Now, therefore, be it LAND the University of Maryland. With Resolved, That the Senate— Mr. REID. I ask unanimous consent Loyola’s victory in this year’s cham- (1) congratulates the Loyola University the Senate proceed to S. Res. 514. pionship, Maryland is now home to Maryland Greyhounds for winning the 2012 The PRESIDING OFFICER. The three of the nine teams that have ever NCAA Division I Men’s Lacrosse National clerk will report the resolution by won a national championship, further Championship; securing our State’s reputation as the (2) recognizes the achievements of the title. players, coaches, students, and staff whose The legislative clerk read as follows. center of collegiate lacrosse. hard work and dedication were key to A resolution, (S. Res. 514) commemorating In light of these impressive accom- Loyola’s victory in the championship game; the victory of Loyola University Maryland plishments, I call upon my colleagues and in the 2012 NCAA Division I Men’s Lacrosse to join me in recognizing and congratu- (3) requests the Secretary of the Senate to National Championship. lating Loyola University’s players, transmit for appropriate display an enrolled

VerDate Mar 15 2010 01:29 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JN6.028 S28JNPT1 smartinez on DSK7SPTVN1PROD with SENATE S4730 CONGRESSIONAL RECORD — SENATE June 28, 2012 copy of this resolution to Loyola University this very early in the morning. There NATIONAL FOUNDATION ON THE ARTS AND THE President Rev. Brian Linnane, S.J. and Loy- could be a couple of votes. We could get HUMANITIES ola University Men’s Lacrosse Head Coach through it very quickly. CAMILA ANN ALIRE, OF COLORADO, TO BE A MEMBER Charley Toomey. I suggest the absence of a quorum. OF THE NATIONAL COUNCIL ON THE HUMANITIES FOR A TERM EXPIRING JANUARY 26, 2018, VICE ALLEN C. f The PRESIDING OFFICER. The GUELZO, TERM EXPIRED. clerk will call the roll. RAMON SALDIVAR, OF CALIFORNIA, TO BE A MEMBER ORDERS FOR FRIDAY, JUNE 29, 2012 OF THE NATIONAL COUNCIL ON THE HUMANITIES FOR A The assistant legislative clerk pro- TERM EXPIRING JANUARY 26, 2018, VICE WILFRED M. Mr. REID. Mr. President, I ask unan- ceeded to call the roll. MCCLAY, TERM EXPIRED. Mr. REID. Mr. President, I ask unanimous consent that when the Senate IN THE ARMY completes its business today, it ad- imous consent that the order for the THE FOLLOWING NAMED OFFICER FOR APPOINTMENT journ until 10 a.m. on Friday, June 29; quorum call be rescinded. AS THE CHIEF OF THE NATIONAL GUARD BUREAU AND that following the prayer and the The PRESIDING OFFICER. Without FOR APPOINTMENT TO THE GRADE INDICATED IN THE objection, it is so ordered. RESERVE OF THE ARMY UNDER TITLE 10, U.S.C., SEC- pledge, the Journal of proceedings be TIONS 10502 AND 601: approved to date; that the morning f To be general hour be deemed to have expired and the ADJOURNMENT UNTIL 10 A.M. LT. GEN. FRANK J. GRASS time for two leaders be reserved for TOMORROW their use later in the day; that the ma- Mr. REID. Mr. President, if there is jority leader may be recognized, and f no further business to come before the that Senators be permitted to speak up Senate, I ask unanimous consent that to 10 minutes each. WITHDRAWAL the Senate stand adjourned under the The PRESIDING OFFICER. Without previous order. Executive Message transmitted by objection, it is so ordered. There being no objection, the Senate, the President to the Senate on June 28, f at 7:33 p.m., adjourned until Friday, 2012 withdrawing from further Senate PROGRAM June 29, 2012, at 10 a.m. consideration the following nomina- f tion: Mr. REID. Mr. President, the trans- TIMOTHY M. BROAS, OF MARYLAND, TO BE AMBAS- portation conference report was filed in NOMINATIONS SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF the House just moments ago. We hope THE UNITED STATES OF AMERICA TO THE KINGDOM OF Executive nominations received by THE NETHERLANDS, WHICH WAS SENT TO THE SENATE to get a chance to move forward on the Senate: ON APRIL 26, 2012.

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AVIATION SECURITY STAKE- HONORING MR. LEONARD ATTMAN IN RECOGNITION OF DAN HOLDER PARTICIPATION ACT OF BOLLINGER, SR. 2011 HON. C.A. DUTCH RUPPERSBERGER HON. SANFORD D. BISHOP, JR. OF GEORGIA SPEECH OF OF MARYLAND IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES HON. LAURA RICHARDSON Thursday, June 28, 2012 OF CALIFORNIA Thursday, June 28, 2012 Mr. BISHOP of Georgia. Mr. Speaker, I rise today to pay tribute to Mr. Dan Bollinger, Sr. IN THE HOUSE OF REPRESENTATIVES Mr. RUPPERSBERGER. Mr. Speaker, I rise as he retires after over thirty years of illus- before you today to honor Mr. Leonard Attman Tuesday, June 26, 2012 trious service as an executive of regional de- and Mrs. Phyllis Attman for their lifelong com- velopment organizations in Georgia. A cele- Ms. RICHARDSON. Mr. Speaker, I rise mitment to making a difference in the lives of bration will be held in his honor on Thursday, today in support of H.R. 1447, the Aviation those less fortunate. We recognize their gen- June 28, 2012 at the Camilla Depot in Security Stakeholder Participation Act of 2011, erosity as the Board Room of Sinai Hospital in Camilla, Georgia at 5:30 p.m. Baltimore is named in their honor. Mr. Bollinger, a native of Missouri, was which amongst other things amends title 49 of raised in a small town of 600 people. He grad- the United States Code to direct the Assistant In Baltimore, the Attman name is synony- uated from the University of Missouri—Colum- Secretary of Homeland Security (Transpor- mous with ‘‘charity.’’ Over the years, Mr. and bia with a Bachelor of Arts degree in Political tation Security Administration) to establish an Mrs. Attman have worked hard to make a dif- Science. He also pursued a higher level of Aviation Security Advisory Committee (ASAC). ference in the community through countless education in the field of Community and Eco- The Federal Aviation Administration (FAA) philanthropic efforts. In the past, they have nomic Development. A strong leader with an exceptional work established the ASAC in 1989 following the made generous donations to support medical ethic, Mr. Bollinger is currently the Executive bombing of Pan American World Airways research, including groundbreaking studies on Director of Southwest Georgia Regional Com- Flight 103. When the Transportation Security breast cancer and brain tumors. Their efforts have brought much-needed support to fields mission, a planning agency that serves 14 Administration (TSA) was established, the Georgia counties including Baker, Calhoun, that are often overlooked or are in greater sponsorship of the ASAC transferred to TSA. Colquitt, Decatur, Dougherty, Early, Grady, Despite significant contributions to TSA policy- need of further understanding. Lee, Miller, Mitchell, Seminole, Terrell, Thom- making, particularly with respect to air cargo In addition to serving as a board member at as, and Worth. The SWGRC is responsible for security, and strong support from aviation se- Sinai and Northwest Hospitals, Mr. Attman’s assisting local governments with comprehen- curity stakeholders who participated in the involvement in professional, civic and philan- sive planning in land and economic develop- ASAC, TSA allowed the ASAC’s charter to ex- thropic organizations includes membership on ment. Mr. Bollinger has held the position of pire. the boards of Shosana S. Cardin High School Executive Director since 1994. and Beth Tfiloh Brotherhood, as well as the I. the past, Mr. Bollinger has also served as H.R. 1447 provides for the establishment of president of the National Association of Devel- Board ofDirectors of the Reginald F. Lewis an ASAC to assist and make recommenda- opment Organizations and of the Georgia As- tions to the TSA Assistant Secretary on avia- Museum and the Signal 13 Foundation for the sociation of Regional Development Centers as tion security matters, including the develop- Baltimore City Police Department. He actively well as serving as Executive Director of the ment and implementation of policies, pro- participates in the activities of many other or- Missouri Bootheel Regional Planning and Eco- grams, rulemaking, and security directives per- ganizations including the Advisory Board for nomic Development Commission for 11 years. taining to aviation security. Within the Advisory the Shock Trauma Unit at the University of Additionally, he was vice president of the Bank Committee are three subcommittees: (1) an air Maryland Medical Systems. of Chaffee in Missouri. cargo security working group, (2) a general A longtime business leader, Mr. Attman has Mr. Bollinger also served our country for four years in the United States Air Force. He aviation working group, and (3) an airport pe- more than four decades of experience in resi- volunteered as president of the Chaffee, Mis- rimeter security working group. dential and commercial real estate develop- souri Chamber of Commerce for two terms. U.S. and industry stakeholders have ex- ment. Mr. Attman was also the founder and Additionally, he umpired baseball and fast pressed frustration about the level of dialogue serves as Chairman of the Board of Directors pitch softball and refereed basketball for 25 with TSA about the threat of potential attacks. of Future Care, which manages nine nursing years on the amateur level. Since moving to The lack of communication between TSA and home facilities serving more than 1,300 pa- Georgia, he has become an avid tennis player stakeholders makes our aviation industry vul- tients and providing employment to more than and golfer. nerable to threats such as Yemen insurgents 1,500 workers. George Washington Carver once said, ‘‘How far you go in life depends on your being ten- shipping explosive devices on our passenger In all of their business endeavors, the der with the young, compassionate with the and cargo airplanes. H.R. 1447 provides us Attmans have always focused on family first. aged, sympathetic with the striving and toler- with the tools to reopen these lines of commu- Mr. Attman humbly considers his employees ant of the weak and strong because someday nication between air carriers to aircraft manu- not as subordinates, but as ‘‘coworkers.’’ He in your life you will have been all of these.’’ As facturers from aviation technology security in- has worked to do whatever possible to avoid a leader, Mr. Bollinger recognized the impor- dustries to labor organizations. layoffs during the unsteady economic times in tance of serving others. Mr. Speaker, as a member of the Com- recent years. It cannot be disputed that Dan Bollinger, Sr. mittee on Homeland Security, I fought for and Mr. Speaker, I ask that you join with me has achieved numerous successes in his life. strongly supported legislation that protects our today to honor Mr. Leonard and Mrs. Phyllis However, none of this would have been possible without the enduring love and support of homeland and our people. I will continue to Attman. Their compassion and dedication to his loving wife, Lynn, and wonderful children support legislation that enables us to stay the Baltimore community and Sinai Hospital is and grandchildren. ahead of any potential threat. That is why I an inspiration to us all. It is with great pride Mr. Speaker, I ask my colleagues to join me support H.R. 1447, the Aviation Security that I congratulate them on their exemplary in paying tribute to Mr. Bollinger for his out- Stakeholder Participation Act of 2011, and service to their community and our country standing professional achievements and his urge my colleagues to do likewise. and wish them many more years of success. dedicated service to Southwest Georgia.

∑ 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 03:50 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A28JN8.001 E28JNPT1 smartinez on DSK6TPTVN1PROD with REMARKS E1168 CONGRESSIONAL RECORD — Extensions of Remarks June 28, 2012 TRIBUTE TO THE LIFE OF DR. of her life were husband, Gene; sons, Larkin Remember the grave cost and toll of all of WENDY WAYNE and Benji; daughters-in-law Katie and Amy; those living so close! and grandchildren Maya, Lola and Ben. And selfless sacrifice that which they fine A principled and engaged citizen, Wendy hearts so host! HON. JIM COSTA All for us who so pay the most! OF CALIFORNIA Wayne participated in every aspect of commu- God Bless Them All! IN THE HOUSE OF REPRESENTATIVES nity life. She led a generous and energetic life This Independence Day, filled with love and adventure. Her long-lasting Thursday, June 28, 2012 remember what they give and gave! participation in our community and commit- Let us we pray! Mr. COSTA. Mr. Speaker, I rise today to ment to the well-being of future generations Amen! pay tribute ute to the life of Dr. Wendy Wayne will ensure that her legacy lives on for years f who passed away on June 17, 2012 at the to come. Mr. Speaker, I ask my colleagues to WALL STREET JOURNAL RECOG- age of 64 after fighting a courageous four year join me in honoring the life of Dr. Wendy NIZES BOUDIN CAPITAL OF THE battle with non-Hodgkin’s Lymphoma. Wendy Wayne, a beloved wife, mother, leader and WORLD was a loving wife and mother, a committed ac- true champion for all people. tivist and respected community leader who f touched the lives of many. HON. CHARLES W. BOUSTANY, JR. A proud product of Culver City, California, INDEPENDENCE DAY IN HONOR OF OF LOUISIANA Wendy was born on February 4, 1948. She at- OUR ARMED FORCES AND THEIR IN THE HOUSE OF REPRESENTATIVES FAMILIES tended Hamilton High School in Los Angeles Thursday, June 28, 2012 and graduated from the University of Los An- geles (UCLA) before joining the Peace Corps HON. JEAN SCHMIDT Mr. BOUSTANY. Mr. Speaker, I rise today and serving in Kenya. She married the love of to commemorate the article on the front page OF OHIO of the Wall Street Journal this morning recog- her life, Gene Tackett, after traveling around IN THE HOUSE OF REPRESENTATIVES the world and then working on Gene’s first po- nizing the fantastic food and culture in my litical campaign for Kern County Supervisor. Thursday, June 28, 2012 South Louisiana. Wendy quickly became an icon and a source Mrs. SCHMIDT. Mr. Speaker, in honor and I invite any of my colleagues to travel with of inspiration within the local community. in remembrance of all of our Armed Forces me to Louisiana to enjoy the fantastic boudin Wendy and Gene started their family in Ba- and their families on this Independence Day, and Cajun culture that comprises our proud kersfield in 1978 and have worked continu- who are fighting and have fallen, and are re- heritage in South Louisiana. All along South ously to improve the quality of life of all fami- covering from the scars of war. I ask that this Louisiana we enjoy the best homemade Cajun lies in Kern County, the place they called poem penned by Albert Caswell be placed in boudin, zydeco music, and Cajun charm that home. the RECORD. is truly unique to the United States. Today, the Wall Street Journal recognized this vibrancy in Through her leadership and hard work, INDEPENDENCE DAY Wendy became a role model for her friends its article titled ‘‘Cajun Towns Feud About Independence . . . Sausage With Links to the Past.’’ To com- and neighbors. Dr. Wendy Wayne exemplified Remembering our Forefathers Declaration of the true meaning of being an advocate. After Independence, they! memorate this fact, I include the article, written working at Clinica Sierra Vista and obtaining a Remember to so kneel and pray! by Timothy W. Martin, into the CONGRESSIONAL nursing degree at California State University For all of those, RECORD in its entirety here: (CSUB), she worked as a nurse at Kern Med- and they . . . who now so fight so far away! SCOTT, LA.—Few would dispute that south- ical Center (KMC). She continued her volun- And what they so give, ern Louisiana is boudin heaven. The local so gave! teer activities promoting child safety seats and version is a sausage made of pork, rice and As we so awake . . . various seasonings. Trickier to answer is expanded childcare opportunities for working All in the happiness and that glory of this mothers. Both of her sons were born in the which of three competing Cajun commu- day! nities is its official mecca. KMC Birthing Center organized by Wendy. In That which freedom does so all of us so In April, Louisiana’s state legislature be- 1986, Wendy started her career with the Kern bathe! stowed the coveted mantle of Boudin Capital County Superintendent of School’s office as All on this holiday! of the World on Scott, a bustling town of an advocate for expanded preschool edu- Our Nation’s Birthday! 8,600 on Interstate 10—the busy east-west cation. Working with community leaders she As that old Red, White and Blue so waves! highway linking Houston and New Orleans. All in our Independence that they so give, It churns out 1.3 million pounds of the sau- helped create the Community Connection for that they so gave! Childcare and became its first director. She sage a year. For all of those magnificents, ‘‘No one comes close’’ to Scott’s sausage later became the executive director of Kern who now so lie in such cold dark quiet output, boasts Mayor Purvis J. Morrison, County’s First Five organization, an agency graves! who lobbied hard for the title, plying law- promoting child education during their first five Whose families great pain shall not ever so makers with industry statistics to make his years of age. For more than 36 years, she wave! case. was a committed and reliable member of the ‘‘Oh say can you see’’ on this day! UPS trucks collect boudin (pronounced: community. ‘‘By the dawn’s early light’’, Boo-DAN, while swallowing the N) shipments Over the years, Wendy continued to fulfill all of those soft cold quiet graves! here twice a day, he says. Sales help stuff As you so wipe your tears away! her wanderlust for travel and doing good city coffers. This Independence Day! ‘‘If you like hot, you’ll get hot. If you want works with a three month health project in Remember all of those and they, mild, you’ll find mild. We have boudin balls Kenya, Bakersfield Sister City trips, Rotary who are without their families, gone! as big as a softball. We have smoked boudin. polio ratification trips to India and Nigeria, And all of those who come home from war, I don’t even know if anybody did it before we working with her niece Ann Reiner in the without arms and legs who must now so cou- did it,’’ he says. Sudan and Uganda. Her family vacations in- rageously live on! But Scott’s new title—which it uses for cluded a revisit to her Kenyan village where To teach us where courage is born! marketing purposes—has left a bad taste in she had once taught biology. Remarkably, And all of those with the unseen scars of the mouths of residents of Broussard, 12 war, Wendy endured countless hours of travel to miles to the southeast. They insist their that which now so form! town, population 7,600, is the Boudin Capital receive advanced cancer treatment in South- All over there, of the World—a title they say lawmakers ern California while simultaneously serving as where the battle now so rages on! gave them in the late 1970s. True, Broussard a consultant to San Joaquin Hospital to de- ‘‘With the bombs bursting in air’’. . . doesn’t hold its annual boudin festival or velop a much needed state of the art cancer ‘‘And the rockets red glare!’’ crown a Boudin king anymore. But towns- center in Bakersfield. Her work demonstrated Which gives proof through the night, people don’t see that as a reason for the leg- her dedication to fostering and preserving the of that courage they wear! islature to snub them. health and safety of children throughout the Who all for us so fight, ‘‘For some reason, Scott wants to be the and so die over there! Boudin capital, and they’re trying to take world, and her compassion and concern for As this Independence Day, our title. Doesn’t hardly seem right,’’ says our community served as a testament to her as you hold your families oh so very close! Billy Billeaud, owner of a grocery store in extraordinary character. And all of those picnics and family gath- Broussard. Wendy lived an exemplary life and will un- erings you so host! Billy Billeaud’s grocery store in Broussard, doubtedly be missed by many. The true loves And so watch those fire works, explode! La., advertises its boudin.

VerDate Mar 15 2010 03:50 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A28JN8.004 E28JNPT1 smartinez on DSK6TPTVN1PROD with REMARKS June 28, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1169 Mr. Billeaud calls Scott a boudin arriviste Winning the title of Boudin Capital of the friend, and the number that he has gained is whose meaty reputation is the product of ag- World was one of Mr. Morrison’s first legisla- almost too large to measure. gressive marketing by numerous restaurants tive goals when he became mayor in January But central to Frank McCrea is being a and meat specialty shops that have popped 2011. Boudin makers employ 83 people in the magnificent father. In his local community the- up in recent years on the edge of town to town and account for $5 million in annual stuff boudin-loving travelers on busy Inter- sales, helping anchor the local economy’s ater, Frank has been cast as a dad over 15 state 10. growth over the past decade. ‘‘Without times—for good reason. His daughters Karen, ‘‘We don’t have I–10 in Broussard,’’ says boudin, we’d just be a regular I–10 exit, with Christine and Beth have all gone on to raise Mr. Billeaud, 51 years old, the fourth genera- a McDonald’s, a Burger King and a Chev- children of their own and lead significant lives, tion Billeaud to own the store since it ron,’’ says Mr. Morrison, sitting in his office but they all point to the bedrock of love from opened in 1889. next to a two-year-old fire and police station their father and mother that launched them. I ‘‘Broussard can’t claim nothing. They had that tax revenue from boudin sales helped the title and haven’t done anything for 15 truly believe that all of us would regard as our fund. greatest accomplishment if our children were years,’’ fires back Aubrey Cole, owner of Rob Pelissier pulled off Scott’s I–10 exit Don’s Specialty Meats just off I–10 in Scott. one recent morning and headed to Don’s Spe- to feel about us as his daughters feel about Meanwhile, in Jennings, 35 miles or so west cialty Meats. The store has billboards pro- him. on I–10, Mayor Terry W. Duhon can’t under- moting its ‘‘best homemade boudin’’ some 40 In sum, Mr. Speaker, let me say that we are stand what the hot-dogging is all about. Jen- miles to the west—just a few miles outside indeed fortunate to have citizens like Frank nings is Boudin Capital of the Universe, Jennings. ‘‘Maybe Jennings or Broussard had McCrea and that I join his church, his commu- thanks to famed boudin chef and Jennings the title years back. I’d say yeah, they were resident Ellis Cormier, who roamed the state nity, his friends and his family in wishing him good back then. But nowadays, this place decades ago promoting boudin and won the the happiest of birthdays. here has got it,’’ he said, staring at his title for his hometown in the 1970s. f ‘‘We’ve got squatter’s rights,’’ says Mr. empty plate. ‘‘If you spend a day here, you Duhon, who has the phone number of his fa- can see all of the traffic coming here from CONGRATULATIONS TO PEDDLER’S vorite go-to joint—Mr. Cormier’s Boudin out of town.’’ VILLAGE ON ITS 50TH ANNIVER- Mr. Ortego’s legislation doesn’t ask King—on speed dial. No signs or billboards in SARY the town mention Jennings’s intergalactic Broussard to cede its title. For their part, ranking, because, ‘‘What do we need to pro- Broussard town leaders have accepted their mote it for? We know,’’ he says. new role in the boudin world and have down- HON. MICHAEL G. FITZPATRICK Such lofty titles are of no small impor- graded their expectations. The town’s mayor OF PENNSYLVANIA tance. Sales of boudin are on the rise, ac- has considered seeking the title ‘‘Boudin IN THE HOUSE OF REPRESENTATIVES cording to restaurateurs, online grocers and Capital of Louisiana’’ next year. Thursday, June 28, 2012 locals. The sausage has been featured on the f menu at Cochon, a contemporary Cajun res- Mr. FITZPATRICK. Mr. Speaker, I would like taurant in New Orleans’s trendy Warehouse A TRIBUTE TO FRANK MCCREA ON to recognize Peddler’s Village in Bucks Coun- District, which started serving a fried HIS 90TH BIRTHDAY ty, Pennsylvania, as it celebrates its 50th An- version of the sausage with pickled peppers niversary this month. last year. ‘‘Until we got the title, we never heard HON. JACKIE SPEIER A community staple in my home of Bucks anything from Broussard or Jennings. Now OF CALIFORNIA County, millions of guests from across the they are coming out of the woodwork,’’ com- IN THE HOUSE OF REPRESENTATIVES Delaware and Lehigh Valleys have visited this plains Donna Thibodeaux, who works at a Thursday, June 28, 2012 center of commerce and culture over the last tourism center in Scott next to one of the five decades. town’s five boudin sellers. Ms. SPEIER. Mr. Speaker, I rise today to Founded in 1962 with the opening of a Boudin’s precise origins are not a matter pay tribute to a great American, Frank handful of small shops and a flagship res- of noir and blanc, though the sausages have McCrea, on the celebration of his 90th birth- been made in southern Louisiana since the taurant, Peddler’s Village now attracts 1.6 mil- day. lion annual visitors to its 70 independently- mid-1800s. Back then, French Acadians—an- Frank McCrea is a member of what we owned specialty shops, six restaurants and cestors of the Cajuns—took leftover parts of have rightfully come to call The Greatest Gen- a slaughtered pig and mixed them with rice, year-round festivals across its 42 acres of eration. He is everything we have come to cel- vegetables and seasonings and encased them landscaped gardens and colonial-era architec- ebrate about that celebrated group: a devoted in intestines. Some modern takes on boudin ture. substitute pork with crawfish or shrimp. Mr. son, brother and father; an unquestioning pa- The success of this collection of Bucks Cormier’s version used more rice than meat, triot; an extraordinary servant to his faith; and helping popularize the sausage to non-Cajuns County small-business men and women in ful- a true citizen of his community. filling the vision of its founder, Earl Jamison, because it masked the taste of bolder ingre- Frank McCrea and his 5 brothers and sis- serves as an example to each of us of the dients like pork butt and liver. ters were raised in the depths of the Great Boudin connoisseurs aren’t taking sides. creativity and perseverance of the American Depression. Often, they had nothing more for Mr. Billeaud’s boudin in Broussard earned an spirit. ‘‘A+’’ on ‘‘The BoudinLink,’’ a review dinner than the vegetables they grew in their Congratulations to Peddler’s Village on website operated by Bob Carriker, a history own garden. Yet Frank will reflect on those marking 50 years of tradition, and I wish them professor at the University of Louisiana at years not about hardship and deprivation, but the best of luck in the decades to come. Lafayette, the city that both Scott and about how the love of a close family lit them Broussard border. But he also praises Scott from within. f for its juicy version and Jennings for letting When the War came, Frank did not hesitate: HONORING THE FALLEN POLICE rice take on ‘‘the starring role.’’ Lawmakers, for their part, are he volunteered for the Navy, and served his OFFICERS OF HENRICO COUNTY, unapologetic about the grilling they are get- country with honor. As one who personally VA ting now from boudin makers about the mul- has had her life saved by those who choose tiple titles. ‘‘This is not about the past, it’s to serve our nation, I speak with special em- HON. ERIC CANTOR about the future,’’ state Rep. Stephen Ortego phasis in expressing our country’s eternal debt OF VIRGINIA said on the floor of the legislature, explain- to those who serve in our armed forces. IN THE HOUSE OF REPRESENTATIVES ing his reasons for sponsoring the bill favor- Faith has been at the core of Frank’s life. ing Scott. He says his staff couldn’t find any He has long been a deacon of his church and Thursday, June 28, 2012 legislation anointing Broussard as boudin has been an active member of the Gideon So- Mr. CANTOR. Mr. Speaker, I rise today in capital, and the state representative who allegedly backed that bill is deceased. ciety for over 40 years. All of us who have honor of the fallen police officers of Henrico As for Jennings, he says, the titles of come into Frank’s remarkable orbit have felt County, VA. We have with us today the ‘‘world’’ and ‘‘universe’’ can coexist because the bond Frank has with his faith, and have Henrico County Police Athletic League, who Jennings doesn’t promote its status. ‘‘Any- come to know the special peace that faith has are in Washington to lay a wreath at the Na- body can claim a title. But are you using given to him. tional Law Enforcement Officers Memorial, in it?’’ he reasons. Another cornerstone for Frank has been honor of the fallen and their families. On a recent morning, Mr. Ortego, who grew up near Scott, laid a paper napkin across his friendship. I know that this weekend he will be The legacy left by the fallen officers of left leg and tucked into a link of Mr. surrounded by a legion of true friends, a num- Henrico County illuminates the strength of Billeaud’s boudin. ‘‘This one has too much ber who have been connected to Frank since their commitment to public service. To pay pepper,’’ he said, arguing that Scott’s is su- high school—over 70 years ago. I think Frank tribute to those officers whose lives were trag- perior. can honestly boast that he has never lost a ically shortened, 250 students from Henrico

VerDate Mar 15 2010 03:50 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A28JN8.006 E28JNPT1 smartinez on DSK6TPTVN1PROD with REMARKS E1170 CONGRESSIONAL RECORD — Extensions of Remarks June 28, 2012 County, VA have traveled to Washington to was impressed by what Mr. Azama included in HONORING MR. PETER DECRAENE participate in today’s wreath laying ceremony. his application essay. He wrote ‘‘my experi- FOR RECEIVING THE 2011 PRESI- These students are part of a program offered ence as a language teacher convinces me DENTIAL AWARD FOR EXCEL- by the Henrico County Police Athletic League that today’s students are ready and more than LENCE IN MATHEMATICS AND that instills in young people the values of in- willing to learn other languages and cultures, SCIENCE TEACHING tegrity, self-respect, and discipline. and prepare themselves to join a world that I offer my support and gratitude to the fami- has no borders and offers them unlimited op- HON. DANIEL LIPINSKI lies and countless friends of these officers that portunities if they have the linguistic and cul- OF ILLINOIS have paid the ultimate sacrifice. Their memory IN THE HOUSE OF REPRESENTATIVES is an inspiration to all of us. tural competency . . . Language connects us Mr. Speaker, I ask that you join me today in and as a result it binds us the global family Thursday, June 28, 2012 remembering the fallen heroes of Henrico that we are.’’ Mr. LIPINSKI. Mr. Speaker, I rise to con- County, and thanking the Henrico Police Ath- Mr. Speaker, this national award goes to gratulate Mr. Peter DeCraene, a math teacher letic League for service and commitment to someone who shows incredible passion for his at Evanston Township High School, for receiving the 2011 Presidential Award for Excellence our community. profession, for his students, and for his com- in Mathematics and Science Teaching f munity. I congratulate Mr. Azama on his (PAEMST). DEATH OF TWO THOUSANDTH much-deserved recognition as he continues to The PAEMST program recognizes out- AMERICAN IN AFGHANISTAN teach, lead, and inspire California’s youth. standing teachers for their contribution to teaching mathematics or science. Sponsored HON. BARBARA LEE f by the White House and administered by the OF CALIFORNIA National Science Foundation, PAEMST award TRIBUTE TO GAIL A. W. IN THE HOUSE OF REPRESENTATIVES recipients receive a certificate from President GOODRIDGE Obama and $10,000. The award only goes to Thursday, June 28, 2012 the finest teachers of science and mathe- Ms. LEE of California. Mr. Speaker, re- matics in the country. cently, as many of my colleagues have re- HON. JAMES P. MORAN This year, President Obama recognized 97 marked on the House floor, we reached the OF VIRGINIA mathematics and science teachers as recipi- sad milestone of two thousand American sol- ents of this esteemed award. The applicants diers having lost their lives in Afghanistan. IN THE HOUSE OF REPRESENTATIVES were chosen for their abilities to convey the Tomorrow we break for our July 4th recess, Thursday, June 28, 2012 concepts of math and science to their stu- celebrating our nation’s independence, but for dents, along with their work experience, edu- too many American families missing a father, Mr. MORAN. Mr. Speaker, I rise today to cational background, and extracurricular activi- a son or a daughter, the fourth of July will be pay tribute to Gail A. W. Goodridge, a leader ties related to the classroom. The PAEMST a day of absence. in international development and a valued ad- program rewards teachers for preparing and Mr. Speaker, we have a word for people visor and constituent, who recently passed establishing a solid foundation of science, who lose a spouse: ‘‘Widower.’’ away after a brave battle with cancer on June technology, engineering, and math in Amer- We have a word also for the children left ica’s youth. Peter DeCraene has succeeded 18th. behind when parents die: ‘‘Orphans.’’ But we throughout his career, creatively teaching have no words for the parents of children who Gail is an example of national heroes who these disciplines to his students while helping die. remain too often unsung—those who answer a his colleagues to do the same. It is a tragedy when a parent outlives their call to serve directly those most in need, re- Mr. DeCraene’s passion and enthusiasm child, and it is time to put an end to our chil- gardless of their location around the world. over the past 23 years have inspired hundreds dren dying in Afghanistan. Working in the field of global health and devel- of students so that they may better contribute For the families of two thousand American opment with Family Health International (FHI to America’s success. The Chicago native soldiers, and equally important, for the Afghan 360), she contributed to the lives of vulnerable graduated from DePaul University with a B.A. families who have lost sons and daughters, in mathematics, and an M.S. in computer women and children during extended postings we need to end this war and bring our soldiers science, and he received a Certificate of Ad- home so that a political solution can be in the Caribbean, where she began her ca- vanced Study in educational leadership from achieved. reer, and in East Africa, where she confronted National Lewis University. He prefers teaching f the misery of the HIV/AIDS epidemic by in small groups so that students may learn by founding and directing a truly innovative pro- answering one another’s questions. He is cur- IN HONOR OF YO AZAMA gram (known as the ROADS Project) to pre- rently the math department chair at Evanston vent the spread of HIV/AIDS along African Township High School, overseeing 30 teach- HON. SAM FARR transport corridors. ers, along with instructing new teachers in the OF CALIFORNIA school wide induction program. The DePaul At home, Gail was just as active on behalf IN THE HOUSE OF REPRESENTATIVES University graduate is also a textbook author of social justice, working in Arlington through Thursday, June 28, 2012 who has presented at state and local con- St. Charles Boromeo Catholic Church and in ferences. Mr. FARR. Mr. Speaker, I rise today to rec- secular advocacy organizations promoting im- Please join me in honoring my constituent, ognize Mr. Yo Azama, a Japanese language migrants’ rights and affordable housing. Wher- Peter DeCraene, and all the recipients of the teacher at North Salinas High School in Sali- ever she was, Gail was renowned for her cre- 2011 Presidential Award for Excellence in nas, CA, who was named the 2012 National ativity and hospitality, guided by her faith and Mathematics and Science Teaching. This is an Language Teacher of the Year by the Amer- her belief in doing the right thing. She was honor worthy of special distinction and I look ican Council on the Teaching of Foreign Lan- often in my office representing those without a forward to seeing more great things from Mr. guages (ACTFL). The National Language DeCraene. Teacher of the Year award was created to voice with fierce idealism always tempered f recognize a foreign language teacher who ex- with compassion. She is remembered by her hibits excellence in language education. colleagues at home and abroad and by her JULY 4, 2012 NATURALIZATION Competition for the Foreign Language faith communities, not only in Arlington, but in CEREMONY IN HAMMOND Teacher of the Award is quite steep as nomi- Kenya as well—by St. Joseph’s the Worker nees are first evaluated by their state lan- Church. HON. PETER J. VISCLOSKY guage organization, after which each state Mr. Speaker, please join me in paying trib- OF INDIANA submits its top candidate to one of five re- ute to this worker in global human develop- IN THE HOUSE OF REPRESENTATIVES gional committees for additional review. Learning a foreign language opens minds to ment and in offering condolences to Gail’s Thursday, June 28, 2012 other worlds and has been scientifically prov- family and colleagues on her passing. Mr. VISCLOSKY. Mr. Speaker, it is with en to generate more flexibility in thinking. I great pleasure and sincerity that I take this

VerDate Mar 15 2010 03:50 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\K28JN8.003 E28JNPT1 smartinez on DSK6TPTVN1PROD with REMARKS June 28, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1171 time to congratulate the individuals who will IN HONOR OF CLEVELAND CITY er Identification Credential, TWIC, to require, take their oath of citizenship on July 4, 2012. COUNCILWOMAN DONA BRADY in total, not more than one in-person visit to a In true patriotic fashion, on the day of our designated enrollment center. great nation’s celebration of independence, a HON. DENNIS J. KUCINICH The TWIC program was established to en- naturalization ceremony will take place, wel- OF OHIO sure all individuals who require admittance coming new citizens of the United States of IN THE HOUSE OF REPRESENTATIVES into secure areas of regulated maritime facili- America. This memorable occasion, coordi- ties and vessels are properly vetted and do Thursday, June 28, 2012 nated by the Hammond Public Library and not pose a threat to maritime and supply chain presided over by Magistrate Judge Andrew Mr. KUCINICH. Mr. Speaker, I rise today in security. Current TWIC requirements require Rodovich, will be held at The Pavilion at Wolf honor of Cleveland City Councilwoman Dona that applicants go to an enrollment center Lake in Hammond, Indiana. Brady, who has admirably served the resi- twice to complete the application and confirm dents of Ward 17 since 1997. the biometric information embedded into the America is a country founded by immi- Born and raised in Cleveland, Council- card. grants. From its beginning, settlers have come woman Brady has been a leader in the Great- Mr. Speaker, I believe that this is an oner- from countries around the globe to the United er Cleveland community for years. She at- ous burden for workers in the maritime indus- States in search of better lives for their fami- tended Cleveland State University Levin Col- try, such as merchant vessel operators and lies. The upcoming oath ceremony will be a lege of Urban Affairs where she earned her truck drivers, who must obtain the credential shining example of what is so great about the Bachelor of Arts degree, Cum Laude, in Urban for employment. Individuals in need of a TWIC United States of America—that people from all Studies with a major in neighborhood revital- card often work long hours with little down over the world can come together and unite as ization. She is also a graduate of CSU’s Lead- time. Many cannot afford to take extended pe- members of a free, democratic nation. These ership Academy. riods of time off to go to an enrollment center, individuals realize that nowhere else in the Before she was elected to Cleveland City in some cases located hundreds of miles world offers a better opportunity for success Council, Brady worked for the Office of Cuya- away, on two different occasions. than here in America. hoga County Prosecutor William D. Mason, I believe that the Secretary of Homeland On July 4, 2012, the following people, rep- Judge Raymond L. Pianka and for the Cleve- Security should reform the TWIC process be- resenting many nations throughout the world, land Board of Zoning Appeals. fore the end of 2012, when the TWICs first will take their oath of citizenship in Hammond, Throughout the past 15 years, Council- issued in 2007 will need to be renewed allow- Indiana: Edina Anita Szabo, Jonathan woman Brady has worked tirelessly to improve ing applicants to complete the process with Carmona Garcia, Alaa Alzayed, Oliva Chavez, the quality of life in Ward 17 of Cleveland, only one in-person visit. I urge Members of Guolan Lu, Jaime Oseguera Cardenas, Dejan which includes the West Boulevard and Clifton Congress to support H.R. 3173, to direct the Kitevski, Jelica Dobrijevic, Karla Elizabeth historic districts. She has worked toward pro- Secretary of Homeland Security to reform the Arreguin Farias, Ahmad Abdelrahim Almaaya, moting economic development, improving pub- process for the enrollment, activation, Huda Dali, Ljubica Vignjevic, Kefaa Nahed lic safety, maintaining the ward’s housing issuance, and renewal of the TWIC program. Omar Shuaibi, Rea Agulto Clarito, Senka stock and developing additional recreational f Pamucar, Tanja Vignjevic, Liljana Josevski, opportunities for families. Brady serves as the Omiyosoye Adebowale Ololade, Mopelola Chair of the Public Service Committee, Vice- PERSONAL EXPLANATION Eniola Ololade, Blessing Obong Dennis, An Chair of Public Safety, and as a member of Boo Min, Amanjot Kaur, Jingli Crain, Caroline the Council’s Finance and Community and HON. SUE WILKINS MYRICK Elizabeth Nyamweru Kamau, Halrun Luppes, Economic Development Committees. OF NORTH CAROLINA Senija Crnkic, Siraneth Sem, Lenna Sabina Councilwoman Brady is also involved in IN THE HOUSE OF REPRESENTATIVES Wade, Sanel Puzic, Jose Alberto Galicia Cleveland’s Albanian-American community Thursday, June 28, 2012 Talabera, Tobias Florian Boes, Faneromeni and has been named Cleveland’s Ambassador Talia, James Murei Mumbura Karanja, Stella to Albania. She has been a constant in revital- Mrs. MYRICK. Mr. Speaker, I was unable to Gathoni Waithaka, Bacilia Avila, Mireya izing the Albanian Cultural Garden in Rocke- participate in the following votes. If I had been Jaquelin Aguilar, Gifty Debo Barlue, Esther feller Park and instrumental in building an present, I would have voted as follows: June Joo Young Chun, Patricia Contreras, Salvador international trade relationship with Fier, Alba- 26, 2012—rollcall vote 416, On agreeing to Cruz, Nathaniel Tuason David, Luis Alberto nia. the Connolly Amendment—I would have voted Garcia, Njeri Mary Karumbo, Juliana Santos Throughout the years and her career, Coun- ‘‘nay’’, rollcall vote 417, On agreeing to the Kladis, Lenka Mitic, Innocent Ngenga, Eliza- cilwomen Brady has been honored by numer- McClintock Amendment—I would have voted beth Procyk, Jose Gustavo Suarez, Nour ous organizations. She is the recipient of the ‘‘aye’’, rollcall vote 418, On agreeing to the Alghnimi Ulayyet, and Jovita Zurita. 2005 Outstanding Elected Official’s Award Garrett Amendment—I would have voted ‘‘aye’’, rollcall vote 419, On agreeing to the Though each individual has sought to be- from CSU Leadership Academy’s David C. Capps Amendment—I would have voted come a citizen of the United States for his or Sweet Alumni Society. Additionally, she has ‘‘nay’’, rollcall vote 420, On agreeing to the her own reasons, be it for education, occupa- been inducted into the Golden Key National Gosar Amendment—I would have voted tion, or to offer their loved ones better lives, Honor Society, and recognized by Jobs with ‘‘aye’’, rollcall vote 421, On agreeing to the each is inspired by the fact that the United Justice, the International Services Center and Broun Amendment—I would have voted ‘‘aye’’, States of America is, as Abraham Lincoln de- American Nationalities Movement. Mr. Speaker and Colleagues, please join me rollcall vote 422, On agreeing to the Broun scribed it, a country ‘‘. . .of the people, by the in honoring Councilwoman Dona Brady for her Amendment—I would have voted ‘‘aye’’, roll- people, and for the people.’’ They realize that years of service and commitment to the Great- call vote 423, On agreeing to the Broun the United States is truly a free nation. By er Cleveland area. Amendment—I would have voted ‘‘aye’’. seeking American citizenship, they have made the decision to live in a place where, as guar- f f anteed by the First Amendment of the Bill of TRANSPORTATION WORKER IDEN- RECOGNIZING THE NATIONAL Rights, they can practice religion as they TIFICATION PROCESS REFORM COUNCIL OF LA RAZA DURING choose, speak their minds without fear of pun- ACT ITS 2012 ANNUAL CONFERENCE ishment, and assemble in peaceful protest IN LAS VEGAS, NEVADA should they choose to do so. SPEECH OF Mr. Speaker, I ask you and my other distin- HON. LAURA RICHARDSON HON. SHELLEY BERKLEY guished colleagues to join me in congratu- OF CALIFORNIA OF NEVADA lating these individuals, who will become citi- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES zens of the United States of America on July 4, 2012, the day of our nation’s independence. Tuesday, June 26, 2012 Thursday, June 28, 2012 They, too, will be American citizens, and they, Ms. RICHARDSON. Mr. Speaker, I rise Ms. BERKLEY. Mr. Speaker, today I urge too, will be guaranteed the inalienable rights to today in support of H.R. 3173, which directs my colleagues to join me in recognizing the life, liberty, and the pursuit of happiness. We, the Secretary of Homeland Security to reform National Council of La Raza (NCLR) during its as a free and democratic nation, congratulate the process for the enrollment, activation, 2012 annual conference in Las Vegas, Ne- and welcome them. issuance of renewal of a Transportation Work- vada.

VerDate Mar 15 2010 03:50 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\K28JN8.008 E28JNPT1 smartinez on DSK6TPTVN1PROD with REMARKS E1172 CONGRESSIONAL RECORD — Extensions of Remarks June 28, 2012 The National Council of La Raza became a INTRODUCTION OF THE TAXPAYER with the IRS. The Act also provides for over- national organization in 1972. NCLR has BILL OF RIGHTS ACT OF 2012 sight over facilitators of high cost tax refund grown and evolved over the course of its his- anticipation loans and other tax refund delivery tory to become the most authoritative voice on HON. XAVIER BECERRA products, and significantly increases penalties Hispanic issues today. Latinos are strength- OF CALIFORNIA on preparers of fraudulent tax returns. ened through participation in NCLR and in the IN THE HOUSE OF REPRESENTATIVES Finally, this bill includes several provisions that would improve IRS taxpayer services. political process through its various civic en- Thursday, June 28, 2012 One important provision provides greater pro- gagement projects. NCLR also works to Mr. BECERRA. Mr. Speaker, I have intro- tections for taxpayers when they are faced strengthen emerging community-based organi- duced the Taxpayer Bill of Rights every Con- with a Notice of a Federal Tax Lien filing zations in areas where there is a growing gress since 2008, and today I am proud to in- (NFTL). Filing of an NFTL can result in signifi- Latino population. troduce the Taxpayer Bill of Rights Act of cant, long-term hardship to a taxpayer, and Now in its 44th year, NCLR is busy building 2012, legislation that contains important provi- may adversely affect the taxpayer’s credit, sions to improve services for and protect the communities as an industry leader in home- thus impairing his or her ability to conduct fi- rights of American taxpayers, particularly ownership counseling, operating programs in nancial transactions or secure employment. those with modest incomes. Senator Binga- 40 sites throughout the country. Its Charter The Taxpayer Bill of Rights Act requires the man of New Mexico, a dedicated advocate for IRS to make individualized determinations be- School Development Initiative has helped cre- taxpayer rights, is introducing companion leg- fore the filing of an NFTL, and also requires ate more than 40 new schools and strengthen islation in the Senate. Many of these provi- consideration of hardship factors and a tax- more than 45 others, and its Institute for His- sions are based on proposals from the Na- payer’s history of compliance before these de- panic Health develops and implements health tional Taxpayer Advocate, Nina Olson, who terminations are made. education and prevention programs and con- has long been a champion of improving tax- Many of the problems identified in this bill ducts health advocacy activities in partnership payer services and tax administration at the have gone unaddressed for too long, causing with its network of affiliates. Internal Revenue Service (IRS). confusion and undue hardship for taxpayers As former Nixon Treasury Secretary William NCLR’s education component is dedicated across the country. I encourage all of my col- Simon said, ‘‘The nation should have a tax leagues to support these common sense pro- to increasing educational opportunities, im- system that looks like someone designed it on proving achievement, supporting college-readi- visions to promote taxpayer rights and serv- purpose.’’ As we look for ways to restructure ices for all Americans. ness, and promoting equity in outcomes for the tax code to make it fairer and more trans- f Latinos. The efforts of the education team parent for all taxpayers, it is critical that ideas build the capacity and strengthen the quality of to help improve IRS service and accessibility OUR UNCONSCIONABLE NATIONAL the community-based education sector and in- are included in this conversation. Every year, DEBT form the broader public education system. millions of taxpayers file their returns with the NCLR’s economic and workforce advocacy IRS and inevitably issues of tax administration HON. MIKE COFFMAN come to the forefront. These issues range seeks to ensure the Latino community’s ability OF COLORADO from taxpayers not knowing their legal rights to contribute to and share in the nation’s eco- IN THE HOUSE OF REPRESENTATIVES when interacting with the IRS, to taxpayers nomic opportunities by promoting policies that enlisting unscrupulous or poorly-trained pre- Thursday, June 28, 2012 boost Hispanic employment in good jobs, pro- parers to help them complete one of their Mr. COFFMAN of Colorado. Mr. Speaker, vide safe and fair workplaces, bridge Latino most important financial transactions of the on January 20, 2009, the day President workers’ education and skills gaps, and offer a year. This legislation aims to help prevent tax- Obama took office, the national debt was secure retirement. payers from finding themselves in these avoid- $10,626,877,048,913.08. With the Raza Development Fund, NCLR’s able situations, and to build on and improve Today, it is $15,778,950,543,472.67. We’ve community development lending arm is one of taxpayer services provided through the IRS. added $5,152,073,494,559.59 to our debt in the nation’s largest and most successful com- The centerpiece of this Act is the require- just over 3 years. This is debt our nation, our munity development banks. It has approved ment that Treasury publish a Taxpayer Bill of economy, and our children could have avoided Rights. The Taxpayer Bill of Rights will be be more than 117 loans totaling $54.6 million, with a balanced budget amendment. a simple and straightforward statement that leveraging more than $267 million in financing On this day in 1919, the Treaty of Versailles enumerates all taxpayers’ rights and obliga- was signed in Paris, ending World War I. to community-based housing projects, schools, tions, as well as reference their location in the Without a balanced budget, the United States health clinics, and day care centers. tax code. As the National Taxpayer Advocate will no longer be able to bring peace to war- More recently, in efforts to provide NCLR’s explained in her 2011 Report to Congress: ‘‘In ring nations. affiliates with more direct access to elected of- a time when the IRS will feel pressure to bring f ficials in Washington, DC, earlier this year in additional tax revenue, it is crucial to pro- 125TH ANNIVERSARY OF UNITED NCLR held its first annual NCLR National Ad- vide taxpayers with strong protection for their WAY vocacy Day. The event convened affiliate rights.’’ Currently, these rights and obligations members from 22 states who were briefed on are scattered throughout the tax code and In- ternal Revenue Manual, making them neither the most important issues facing Latinos at the HON. ADAM B. SCHIFF accessible nor written in plain language that national level, including education, economic OF CALIFORNIA most taxpayers can understand. IN THE HOUSE OF REPRESENTATIVES mobility, health, and immigration, and who met This Act also helps improve the quality and with Members of Congress to educate them accessibility of tax preparation services and Thursday, June 28, 2012 about the needs of the community. advice available to taxpayers in several dif- Mr. SCHIFF. Mr. Speaker, I rise today to As the Representative for Nevada’s First ferent ways. First, it builds on the IRS’s initia- recognize the 125th Anniversary of United Congressional District, it gives me immense tive to regulate unenrolled tax preparers Way. pride to recognize the National Council of La through examination and continuing education Founded in 1887, United Way has become Raza (NCLR) and the role they play in edu- requirements, for which I have been a long a celebrated organization committed to im- cating and training our community members, time advocate. Implementation of the IRS tax proving communities throughout the United return preparer framework is well underway, States and around the world. Through locally developing community leaders and fighting for and this legislation will simply codify the exist- targeted initiatives, United Way strives to ad- equal rights and fair representation throughout ing authority of the IRS to regulate tax return vance the common good, helping communities the United States. I am especially pleased to preparers. The Act also helps ensure mod- reach their full potential in the spirit of vol- welcome NCLR’s members and the tens of erate income taxpayers have access to quali- unteerism and service. United Way mobilizes thousands of attendees for its 2012 annual fied tax assistance by supporting a grant pro- thousands of individuals and organizations conference to Las Vegas, Nevada. I ask that gram for free income tax assistance services, worldwide to improve education, help people my colleagues join me in recognizing the great and by allowing IRS referrals to Low-Income achieve financial stability and promote healthy work of NCLR and wish them a most success- Taxpayer Clinics, which provide representation lifestyles in their communities, building the ful 2012 conference. to modest income taxpayers in their disputes foundation for a stronger, healthier society.

VerDate Mar 15 2010 03:50 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A28JN8.009 E28JNPT1 smartinez on DSK6TPTVN1PROD with REMARKS June 28, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1173 Today, United Way includes almost 1,800 verbal. This abuse in the workplace creates a IN RECOGNITION OF MRS. community-based organizations in 41 coun- hostile work environment, making the organi- MARGARET S. RIKER tries and territories. In Southern California, zation vulnerable to lawsuits, decreasing mo- United Way of Greater Los Angeles is dedi- rale, and reducing productivity. Thus, bullying HON. FRANK PALLONE, JR. cated to providing long term solutions for the is not only negatively impacting our future in OF NEW JERSEY root causes of poverty. Increasing the high the global market, but also our ability to com- IN THE HOUSE OF REPRESENTATIVES school graduation rate, decreasing homeless- pete today. In short, bullying has national im- Thursday, June 28, 2012 ness and implementing job training and asset plications and thus requires national attention development programs are part of a tireless and action. Mr. PALLONE. Mr. Speaker, I rise today to effort to better our community and help people congratulate Mrs. Margaret Riker of Fair I am proud to be a charter member of the in need. Haven, New Jersey. Mrs. Riker is the 2012 Congressional Anti-Bullying Caucus. I thank To all of the passionate volunteers, employ- Count Basie Theatre’s Summer Soiree hon- Representative HONDA, the Chair of the Anti- ees and partners of United Way, I join my col- oree. Mrs. Riker is a loving mother, profes- Bullying Caucus, for his leadership and look leagues in recognizing and honoring your leg- sional business woman and active member of forward to working with him and my fellow acy of inspirational service. the community. Her work and the recognition members of the caucus to reduce, if not end f she is receiving from the Count Basie Theater altogether, the scourge of bullying in our COMMENDING THE FORMATION OF are truly worthy of this body’s recognition. schools, neighborhoods, workplaces, and on- Margaret Riker hails from Bergen County, THE CONGRESSIONAL ANTI-BUL- line. LYING CAUCUS New Jersey and later moved to Fair Haven, New Jersey in 1989. Mrs. Riker is a proud f member of the University of Vermont’s class HON. LAURA RICHARDSON of 1981 where she earned a Bachelor of Arts OF CALIFORNIA STRENGTHENING AND FOCUSING Degree in Psychology and English. Mrs. Riker IN THE HOUSE OF REPRESENTATIVES ENFORCEMENT TO DETER ORGA- was previously employed in marketing and NIZED STEALING AND ENHANCE Thursday, June 28, 2012 sales promotion. Mrs. Riker was married to SAFETY ACT OF 2012 Mr. RICHARDSON. Mr. Speaker, I rise to the late William Riker, and is the proud mother express my appreciation for the Congressional of three children, Katie, Jack and Teddy. The Anti-Bullying Caucus, a new caucus formed to SPEECH OF Riker family moved to Bermuda in 1993 to heighten congressional awareness and advo- support Mr. Riker’s professional endeavors, cate for policies to combat bullying of all kinds, HON. LINDA T. SA´ NCHEZ returning to the United States in 2003. The from the playground to the elderly care facility. Riker family currently resides in Rumson, New OF CALIFORNIA Every American is entitled to live, work, and Jersey. recreate in a safe environment, free of fear IN THE HOUSE OF REPRESENTATIVES Margaret Riker is dedicated to enhancing from threats to his or her physical safety and the quality of life in our local community. She mental and emotional security. Tuesday, June 26, 2012 currently serves as President of The Rumson In recent years we have witnessed an ex- Ms. LINDA T. SA´ NCHEZ of California. Community Appeal and is a Foundation Board plosion in the number of reported and unre- Madam Speakers, I rise in support of H.R. Member of Riverview Hospital. Mrs. Riker also ported cases of bullying. It is thirteen million 4223, the Safe Doses Act. I am proud to join serves as a Community Services Board Mem- children will be bullying victims this year alone. my colleagues on both sides of the aisle in ber to the Visiting Nurses Association of Cen- It is estimated also that 15 percent of Amer- supporting this important legislation. tral New Jersey, Gala Committee Member to ican school children skip school to avoid being Prevention First and supports The Rumson bullied by schoolmates. This is tragic. Children H.R. 4223 addresses a difficult issue in the Country Day School and The Lawrenceville who fear for their safety cannot learn. If they pharmaceutical supply chain: the theft of med- School. She passionately represents the mis- do not learn, they will not fulfill their potential. ical products. While this body last week sion of these various organizations as a men- If they do not fulfill their position, the nation passed important legislation to protect con- tor, advocate and leader. Maggie is also an will be deprived of the talent it needs to com- sumers from counterfeit drugs, there remains active member of area clubs including the Sea pete and win in the global economy of the a real risk from stolen medical goods. Bright Tennis and Cricket Club and the Coral 21st century. If our children fall behind be- This is a not a hypothetical exercise, it is a Beach Club. Mrs. Riker is committed to the cause they lack a safe learning environment, real problem. Criminal organizations who steal success of the Count Basie Theatre as a re- America falls behind. The Congressional Anti- medical products are not concerned with stor- sult of her passion for the performing arts. Her Bullying Caucus aims to do something about. ing these materials properly, or ensuring that philanthropic efforts dedicated to maintaining Further, bullying jeopardizes not only the they are only sold with a doctor’s prescription. and improving the Count Basie Theatre and education of our children, but also their very the arts will continue enhance future perform- well-being. The term ‘‘bullycide’’ has been Let me give one brief, but telling example: ances. coined to define the act of committing suicide In 2009, 128,000 vials of insulin were stolen in Mr. Speaker, once again, please join me in as a result of bullying. This continues to be North Carolina. Beyond the $11 million mone- congratulating Margaret Riker for serving as one of the leading causes of death for children tary cost of this theft, there was a human cost honoree at the Count Basie Theatre’s Summer under the age of 14. In fact, the rate of suicide as well. Soiree. Mrs. Riker’s contributions to her family among adolescents has grown more than 50 These vials were reintroduced into the sup- and community continued to resonate with the percent over the last 30 years. ply chain after being improperly stored. The constituents throughout Monmouth County, Mr. Speaker, unfortunately bullying does not vials found their way to pharmacies in 17 dif- New Jersey. end when our children move on from the play- ferent states, and at least two individuals suf- f ground. It exists on college campuses, in the fered potentially fatal blood sugar levels before workplace, online, and even in elderly care fa- the FDA was able to alert the public to this DEPUTY SHERIFF SHERVIN cilities. Nearly half of Americans have experi- danger. LALEZARY enced some sort of violence either in their H.R. 4223 is a simple and sensible way to workplace, at home, or in their community. give law enforcement and prosecutors a HON. HOWARD L. BERMAN Hazing on college campuses has been a prob- stronger set of tools to go after criminal orga- OF CALIFORNIA lem for decades. Five percent of all college nizations that are brazenly stealing vital medi- IN THE HOUSE OF REPRESENTATIVES students admit to being hazed, with 40 per- cation and devices. I further note that, beyond Thursday, June 28, 2012 cent admitting that a coach or advisor was the bipartisan support this measure has re- aware of the hazing and did not intervene. Mr. BERMAN. Mr. Speaker, I am joined by ceived, the Safe Doses Act passed both the This lack of action is unacceptable. Our col- my colleague Congressman HENRY WAXMAN House Judiciary and Senate Judiciary Com- lege students must have the ability to focus on to pay tribute to Deputy Sheriff Shervin mittees unanimously. their work and prepare for their futures, with- Lalezary for his outstanding courage and brav- out fear of physical or verbal hazing. I encourage all of my colleagues to support ery in capturing an infamous arsonist that Bullying in the workplace appears in various this legislation, clean up the pharmaceutical wreaked havoc in the city of Los Angeles. forms, from narcissistic bullying, to physical, to supply chain, and protect their constituents. Shervin is a real estate attorney

VerDate Mar 15 2010 03:50 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A28JN8.012 E28JNPT1 smartinez on DSK6TPTVN1PROD with REMARKS E1174 CONGRESSIONAL RECORD — Extensions of Remarks June 28, 2012 during the day and dedicates his time to vol- unanimously upheld by the United States Su- INTRODUCING A RESOLUTION IN unteer as Reserve Deputy Sheriff with the L.A. preme Court, Judge Keith’s decision held un- SUPPORT OF THE XIX INTER- Sheriff’s Department at night. constitutional wiretap surveillance absent a NATIONAL AIDS CONFERENCE At 3 a.m. on January 2, 2012, Deputy Sher- court order in domestic security cases. iff Lalezary became a local hero and a na- Judge Keith continued to safeguard con- HON. ALCEE L. HASTINGS tional sensation when he captured Harry OF FLORIDA stitutional rights and civil liberties on the Burkhart, a 24-year-old German national IN THE HOUSE OF REPRESENTATIVES whom Los Angeles County Sheriff Lee Baca United States Court of Appeals for the Sixth Thursday, June 28, 2012 called ‘‘perhaps . . . the most dangerous ar- Circuit, where he has served since his ap- sonist in the county of Los Angeles.’’ Burkhart pointment in 1977 by President James E. Car- Mr. HASTINGS of Florida. Mr. Speaker, I was arrested for setting a rash of car and ter. In the 1980s, Judge Keith served as chair rise today to introduce a resolution in support building fires across the city. Following his ar- of Sixth Circuit and Judicial Conference Com- of the XIX International AIDS Conference (AIDS 2012), which takes place from July 22, rest, there were no more suspicious fires doc- mittees commemorating the Bicentennial of 2012, through July 27, 2012, at the Walter E. umented in Los Angeles. the Constitution. He took senior status in Deputy Sheriff Lalezary is a hero who dem- Washington Convention Center in Washington, 1995. onstrates exemplary values and integrity and DC. This year’s conference is of particular sig- most-importantly inspires his peers. During his Judge Keith was born in Detroit, Michigan nificance, as it represents the return of the numerous press conferences, public events, on July 4, 1922 and became the first member International AIDS Conference to the United and even an appearance on the TV show of his family to attend college, earning a bach- States after the 1987 HIV travel and immigra- ‘‘Ellen,’’ he has continued to impress us with elor’s degree from West Virginia State Col- tion ban was lifted in 2010. My resolution sup- his selfless dedication and altruism. He contin- lege. After serving our Nation for three years ports a stronger international response to HIV/ AIDS that seeks to foster greater scientific and ually downplays his role in the arrest, deflect- in the U.S. Army, he went on to receive an ing questions about himself and his personal programmatic collaborations around the world LL.B. from Howard University Law School and in order to prevent the transmission of HIV; in- life, and praising the deputies at the sheriff’s an LL.M. in labor law from Wayne State Uni- West Hollywood station. crease access to testing, treatment, and care; versity Law School. Shervin’s commitment to serving Los Ange- and improve health outcomes for all people les and keeping us safe reflects the Jewish Judge Keith started his legal career with the living with HIV/AIDS. value of tikkun olam and the importance of African-American Detroit law firm of Loomis, There are currently 33.4 million people living giving back to our country. 30 Years After, an Jones, Piper & Colden and was one of six De- with HIV/AIDS worldwide, and more than 25 Iranian-American non-profit organization that troit attorneys invited to the White House in million have died of AIDS since the first cases were reported in 1981. In the United States, promotes civic participation, rightfully pre- 1963 by President John F. Kennedy to discuss sented Shervin with the 2012 Public Service more than one million people are living with the role of lawyers in the civil rights struggle. HIV/AIDS and approximately 50,000 individ- Award on behalf of 30 Years After and the Later, Judge Keith and four other African- Persian-American community. uals become newly infected with the virus American attorneys established a law firm in Mr. Speaker and distinguished colleagues, each year. Furthermore, one in five individuals we ask you to join us in recognizing Deputy what had previously been the all-white legal living with HIV is unaware of their infection Sheriff Shervin Lalezary for his years of serv- district of downtown Detroit. At this time, and societal stigma remains a significant chal- ice and dedication to the safety and well being Judge Keith also served as Chair of the Michi- lenge, underscoring the need for greater edu- of our community. He is the epitome of a true gan Civil Rights Commission and President of cation about HIV/AIDS and access to testing. humanitarian. the Detroit Housing Commission. Significant disparities also persist across di- f verse communities and populations with re- Throughout his distinguished career, Judge gard to incidence, access to treatment, and HONORING THE SERVICE OF Keith has received numerous honors and health outcomes, particularly for men who JUDGE DAMON J. KEITH awards, including: the National Association for have sex with men (MSM), racial and ethnic the Advancement of Colored People’s highest minorities, women, and young people. HON. JOHN CONYERS, JR. award, the Spingarn Medal, in 1974; the Since 1985, the now biennial International OF MICHIGAN American Bar Association’s Thurgood Marshall AIDS Conference has brought together the IN THE HOUSE OF REPRESENTATIVES Award in 1997; and, the Edward J. Devitt world’s leading scientists, public health experts, policymakers, community leaders, and Thursday, June 28, 2012 Award for Distinguished Service to Justice in 1998, presented by a panel comprised of a persons living with HIV/AIDS in order to ad- Mr. CONYERS. Mr. Speaker, I rise to honor dress the major issues facing the global re- United States Supreme Court Justice, a fed- the career and service to the United States of sponse to HIV/AIDS; evaluate recent scientific eral circuit court judge, and a federal district Judge Damon J. Keith on the occasion of his developments and share knowledge; and fa- 90th birthday. court judge. cilitate a collective strategy forward. AIDS Since joining the federal judiciary, Judge Judge Keith also holds honorary degrees 2012 is organized by the International AIDS Keith has steadfastly and courageously pro- from Harvard University, Yale University, Society (IAS) and expected to convene more tected the constitutional and civil rights of this Georgetown University, the University of than 20,000 delegates from nearly 200 coun- country’s citizens. Michigan, Tuskegee University, and over thirty tries, including 2,000 journalists. The theme of In 1967, President Lyndon Johnson ap- other institutions. AIDS 2012, ‘‘Turning the Tide Together,’’ em- pointed Judge Keith to the U.S. District Court bodies both the promise and urgency of uti- for the Eastern District of Michigan, making In addition, Judge Keith has played an ac- lizing recent scientific advances in HIV/AIDS him only the second African-American to sit on tive role in numerous civic, cultural, and edu- treatment and biomedical prevention; con- that court at that time. During his tenure on cational organizations, including the Detroit tinuing research for an HIV vaccine and cure; the District Court, Judge Keith delivered sev- YMCA, the Detroit Arts Commission, the De- and scaling up effective, evidence-based inter- eral key civil rights rulings. He addressed the troit Cotillion Club, and Interlochen Arts Acad- ventions in key settings in order to change the issue of school desegregation in Davis v. emy, and has served as an active fundraiser course of the HIV/AIDS crisis. School District of the City of Pontiac in 1970; for the United Negro College Fund and the AIDS 2012 is a tremendous opportunity to of employment discrimination and affirmative Detroit NAACP. further strengthen the role of the United States action in Stamps v. Detroit Edison Co., in in global HIV/AIDS initiatives; re-energize the 1973 and Baker v. City of Detroit in 1979; and For fifty-three years, Judge Keith was mar- response to the domestic epidemic within the finally, of housing discrimination in Garrett v. ried to the late Rachel Boone Keith, M.D., with current context of significant global economic City of Hamtramck in 1971 and Zuch v. whom he had three daughters, Gilda, Debbie, challenges; and focus particular attention on Hussey in 1975. Judge Keith became Chief and Cecile. the devastating impact that HIV is having on Judge of the Eastern District of Michigan in For his consistent defense of the Constitu- different communities across the country. My resolution supports the goal of bringing re- 1975. tion and the civil rights of all people, on his In 1971, Judge Keith issued a landmark civil newed awareness of, and commitment to, ad- 90th birthday, I honor and thank Judge Keith liberties ruling in U.S. v. Sinclair, which came dressing the HIV/AIDS crisis in the United to be known as the ‘‘Keith decision.’’ Later for his invaluable service to the United States. States and abroad. In particular, it recognizes

VerDate Mar 15 2010 03:50 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A28JN8.016 E28JNPT1 smartinez on DSK6TPTVN1PROD with REMARKS June 28, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1175 that formulating sound public health policy; year. ‘‘He was a leader at a critical time in the He also received many awards and honors, protecting human rights; advancing sexual and life of this medical school.’’ Dr. Mark described including the Abraham Flexner Medal for Dis- reproductive health and rights; addressing Dr. Glaser as someone who had ‘‘great en- tinguished Service to Medical Education; the stigma, poverty, and other societal challenges; ergy, great experience, high standards and Stearns Award for Lifetime Achievement in and ensuring accountability are key to over- worked hard.’’ Paul Berg, Ph.D., said Dr. Medicine from the New York Academy of coming HIV/AIDS. It also encourages the on- Glaser was a caring person who was ‘‘easy to Medicine; the Dean’s Medal from Stanford going development of innovative therapies and talk to. It was always fun to talk to him. And School of Medicine; the Dean’s Medal from advances in clinical treatment for HIV/AIDS in he was very devoted to the school.’’ the Harvard Medical School; and the Harvard the public and private sectors. At the time, the hospital on campus was co- Medal for Distinguished Service. Mr. Speaker, continued commitment by the owned by the city of Palo Alto. As Dean and In addition to his professional interests, Dr. United States to HIV/AIDS research, preven- Vice President for Medical Affairs at Stanford, Glaser had a lifelong passion for the commer- tion, and treatment programs is crucial to pro- Dr. Glaser oversaw the purchase of the city’s cial airline industry. Over the years, said his tecting global health. I urge my colleagues to share of the Palo Alto-Stanford Hospital in daughter, Sally Glaser, Ph.D., ‘‘He and one of support my resolution, which recognizes the 1968. ‘‘Dr. Robert Glaser was an extraordinary my brothers would often sit out in the back- importance of the XIX International AIDS Con- figure in American medicine and at Stanford yard, listening to air traffic control communica- ference in the global effort to end the HIV/ specifically,’’ said Philip Pizzo, M.D., the cur- tions as they looked at the approaching air- AIDS pandemic and create an ‘‘AIDS-free rent Dean of the Stanford School of Medicine. craft through binoculars.’’ He was an avid trav- generation.’’ We are closer to a future without ‘‘Dr. Glaser’s vision shaped Stanford Medicine eler, logging more than five million miles in air HIV/AIDS than ever before. Together with the as we know it today, and his contributions travel for both professional and pleasure trips, international community, we have the means have had an indelible mark on individuals, in- including his last trip to Harvard in 2010 to at- to bring an end to HIV/AIDS once and for all. stitutions and communities, locally and glob- tend his 70th college reunion. What we need now is leadership and soli- ally.’’ Mr. Speaker, I ask my colleagues to join me darity. Dr. Glaser was tapped to serve as Acting in extending our deepest condolences to Dr. f President of Stanford University following the Glaser’s three children, his four grandchildren, retirement of Dr. J.E. Wallace Sterling. He led his colleagues and his students who knew and A TRIBUTE TO HONOR THE LIFE the University at a tumultuous time of student loved him throughout his extraordinary life. Dr. AND MEMORY OF DR. ROBERT J. protests against the war in Vietnam and was Glaser was a kind man, a brilliant doctor and GLASER lauded by students for his sensitivity and re- a masterful educator. His life stands as an in- sponsiveness. At the medical school, Dr. spiration to all and a model of citizenship. He HON. ANNA G. ESHOO Glaser also oversaw major changes in the cur- bettered our Nation, and gladdened our world. OF CALIFORNIA riculum to give students greater flexibility—a f IN THE HOUSE OF REPRESENTATIVES feature that remains a hallmark of the cur- SECURING MARITIME ACTIVITIES Thursday, June 28, 2012 riculum today. Even into his 90s, Dr. Glaser continued to attend medical grand rounds and THROUGH RISK-BASED TAR- Ms. ESHOO. Mr. Speaker, I rise today to teaching conferences. GETING FOR PORT SECURITY honor the extraordinary life of Dr. Robert J. After serving as Dean for five years, Dr. ACT Glaser, former Dean of the Stanford University Glaser left Stanford in 1970 to serve as Vice School of Medicine and a national figure in President and Trustee at the Commonwealth SPEECH OF medical education. Dr. Glaser passed away on Fund, a New York-based philanthropy devoted HON. PETER T. KING June 7, 2012, at his home in Palo Alto, sur- to improving health care. ‘‘Before he left for OF NEW YORK rounded by his family. Dr. Glaser, who was 93 the Commonwealth Fund, his line was, ‘I’m IN THE HOUSE OF REPRESENTATIVES years old, is survived by three children; Sally, going to see if it’s better to give, than not to Joseph Glaser II and Robert Glaser, Jr., and receive,’ ’’ said Dr. Mark, recalling Glaser’s dry Tuesday, June 26, 2012 four grandchildren. His beloved wife Helen wit. Mr. KING of New York. Madam Speaker, I Glaser passed away in 1999. He subsequently went on to serve as Presi- am submitting the following letter exchange for Dr. Glaser was born and raised in St. Louis. dent, Chief Executive Officer and Trustee of the RECORD between myself and Chairman He received his undergraduate degree from the Henry J. Kaiser Family Foundation from DAVE CAMP of the House Committee on Ways Harvard College in 1940 and his M.D., magna 1972 through 1983. From 1984–97, he was and Means: cum laude, from Harvard Medical School in Director for Medical Science and Trustee of HOUSE OF REPRESENTATIVES, 1943. He then returned to St. Louis to do his the Lucille P. Markey Charitable Trust, where Washington, DC, June 27, 2012. residency at Barnes Hospital of Washington he oversaw distribution of more than $500 mil- Hon. PETER KING, University School of Medicine. lion in support of medical science research, in- Chairman, Committee on Homeland Security, While at Barnes, his ‘‘wandering eye fixed cluding the establishment of the Markey Trust House of Representatives, Washington, DC. on an attractive young woman in the senior Scholar Program. DEAR CHAIRMAN KING: I am writing to you class,’’ he wrote in his Harvard 25th reunion Dr. Glaser also had a long-term involvement concerning the bill H.R. 4251, the ‘‘Securing memoir. The medical student and soon-to-be with the Palo Alto Medical Foundation. Initially Maritime Activities through Risk-based Tar- pediatrician was Helen Hofsommer, M.D. She geting for Port Security Act.’’ This legisla- engaged through its research institute, in 1981 tion includes several provisions in section would become Glaser’s wife. he became a founding member of its Board of 201 that pertain to the jurisdiction of the After their wedding, the couple spent the Trustees and continued as an Emeritus Trust- Committee on Ways & Means with respect to next eight years in St. Louis, while Dr. Glaser ee through 2008. Customs and Border Protection’s mission of moved through the ranks at Washington Uni- A member of Alpha Omega Alpha, he facilitating the efficient flow of legitimate versity, rising from Instructor to Associate Pro- served on its Board of Directors and as the commerce. fessor to Assistant Dean and Associate Dean Editor from 1962–97 of its scholarly journal The Committee recognizes the importance of the Medical School. In 1956, he accepted The Pharos, while his wife served as Man- of H.R. 4251 and the need to move expedi- the position of Dean of Medical School and aging Editor. tiously. Therefore, the Committee is willing to forego action on the bill with the under- Vice President for Medical Affairs at the Uni- Dr. Robert Glaser was also active nationally standing that by doing so, the Committee is versity of Colorado. In 1963, he was tapped to in medical education through the Association not in any way prejudiced with respect to its lead Affiliated Hospitals Center Inc., in Boston, of American Medical Colleges and served on jurisdictional prerogatives or the appoint- an ambitious, $50 million merger of six Har- the National Advisory Committee on Higher ment of conferees on this or similar legisla- vard-affiliated hospitals. Education. He was a founding member of the tion. In 1965, he was named the Dean of the Institute of Medicine of the National Academy In addition, I appreciate your agreement Stanford School of Medicine, which had of Sciences and served on the boards of that the Ways & Means Committee be in- moved from San Francisco to Palo Alto. many organizations, including Washington cluded within the definition of ‘‘appropriate congressional committees’’ so that it will re- ‘‘Though he came after the move, he was the University, the David and Lucile Packard ceive the implementation and strategic one who shepherded the school through its Foundation, the Packard Humanities Institute, plans required in section 201 of the bill. formative years to get everything settled—get the Albert and Mary Lasker Foundation, the I would appreciate your response to this the molecules in motion,’’ said James B.D. Kaiser Hospitals and Health Plan, Hewlett- letter, confirming this understanding with Mark, M.D., who arrived at Stanford the same Packard and Alza Corp. respect to H.R. 4251, and would ask that a

VerDate Mar 15 2010 03:50 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A28JN8.018 E28JNPT1 smartinez on DSK6TPTVN1PROD with REMARKS E1176 CONGRESSIONAL RECORD — Extensions of Remarks June 28, 2012 copy of our exchange of letters on this mat- It is hard to imagine that Richard had any In addition to my concerns about this arrest, ter be included in the Congressional Record. free time on his hands, and yet he always it has come to my attention that the Tribunal Sincerely, found time for his community and family. Rich- itself is inherently flawed and lacks compliance DAVE CAMP, ard was active in his church, was vice presi- with international standards. It appears that Chairman, Committee on Ways and Means. dent of the Riverside County Farm Bureau, the Tribunal is international in name only, as HOUSE OF REPRESENTATIVES president of the Hemet Optimist Club, was ac- it lacks international oversight or involvement, Washington, DC, June 28, 2012. tive in parent-teacher organizations, and sup- experienced foreign attorneys have been Hon. DAVE CAMP, ported every team and club in which his chil- banned from participating, and the Tribunal Chairman, Committee on Ways and Means, dren participated. He also served on the board violates at least two of Bangladesh’s inter- Washington, DC. of Eastern Municipal Water District (EMWD) national treaty obligations. Tribunal defendants DEAR CHAIRMAN CAMP: Thank you for your beginning in September of 1981, serving on are not only denied access to international letter regarding H.R. 4251, the ‘‘SMART Port the Legal Committee and as Chairman of the standards of justice, but several of the rights Security Act of 2012.’’ I acknowledge that by forgoing action on this legislation, your Building and Grounds Committee. Richard granted by domestic law. These include the Committee is not diminishing or altering its also enjoyed inventing, skiing, jogging, and right to an independent appeal, which is ex- jurisdiction. farming. In fact, many of Richard and plicitly denied to defendants of the Tribunal. I also concur with you that forgoing action Jeanne’s ‘‘vacations’’ were spent helping work As a member of the Middle East and South on this bill does not in any way prejudice the on their daughter’s and son’s farms in Idaho. Asia subcommittee, I am very concerned Committee on Ways and Means with respect In response to the high water costs that about the implications that Mir Quasem Ali’s to its jurisdictional prerogatives on this bill could have forced small farmers out of busi- arrest has for the state of democracy within or similar legislation in the future. I agree ness in the early 1980s, Richard once said, Bangladesh. I will continue to closely monitor that the Committee on Ways and Means is ‘‘Agricultural water is my main interest . . . this situation and I hope that Bangladesh will considered to be an ‘‘appropriate congressional committee’’ in regards to the certain something has to be done.’’ And as an EMWD take assertive measures to ensure that its up- reports required by section 201 in H.R. 4251. board member and concerned citizen, he coming elections are conducted in a openly I will include our letters on H.R. 4251 in the worked tirelessly to address this threat to an democratic matter. I am hopeful for a bright fu- Congressional Record, and I appreciate your American way of life. That is just one testa- ture for the people of Bangladesh with open cooperation regarding this legislation. ment to his can-do spirit and willingness to and fair justice for all of its citizens. Sincerely, help solve problems in his home town that f PETER T. KING, made him such a treasure to the Riverside Chairman. County area for so long, and is what we will OPPOSING THE CONFERENCE f remember about him most. REPORT TO ACCOMPANY H.R. 4348 PERSONAL EXPLANATION On Wednesday, June 27, 2012, a memorial service celebrating Richard’s extraordinary life HON. EDWARD J. MARKEY was held. Richard will always be remembered OF MASSACHUSETTS HON. TIMOTHY V. JOHNSON for his legendary work ethic, generosity, con- IN THE HOUSE OF REPRESENTATIVES OF ILLINOIS tributions to the community, and love of family. Thursday, June 28, 2012 IN THE HOUSE OF REPRESENTATIVES His dedication to his work, family, and commu- Mr. MARKEY. Mr. Speaker, I have declined Thursday, June 28, 2012 nity are a testament to a life well-lived and a legacy that will continue. I extend my deepest to add my signature to the Conference Report Mr. JOHNSON of Illinois. Mr. Speaker, I condolences to Richard’s family and friends. to accompany H.R. 4348, legislation to reau- was present for rollcall No. 431 and 433, and Although Richard may be gone, the light and thorize the highway trust fund. was off the floor talking with constituents from While the highway bill has traditionally been goodness he brought to our great State will Douglas and Piatt Counties, and inadvertently the product of reasonable, bipartisan com- never be diminished and will never be forgot- missed the vote. I support the fiscal savings promise, the House Republican’s version of ten. attendant to this amendment but had concerns Richard is survived by his children, Janice this year’s bill was so extreme the Conference over its language. Therefore, if present, I of Hemet, Kathy of Weiser, Idaho and Ron of Report was hobbled from the start. House Republicans took the jobs and eco- would have voted ‘‘Present.’’ Weiser, Idaho; five grandchildren; and his nomic development promised by this highway f brother, former California State Assemblyman bill hostage—with unrelated provisions like the and Senator, David Kelley. Our thoughts and TRIBUTE TO RICHARD COLEMAN Keystone pipeline as the ransom—and the prayers are with Richard’s family and the KELLEY Senate had no choice but to negotiate with the many others he touched. hostage takers. HON. MARY BONO MACK f Provisions allocating critical conservation OF CALIFORNIA JUSTICE FOR MIR QUASEM ALI funding across the country, through the Land IN THE HOUSE OF REPRESENTATIVES and Water Conservation Fund and a National Endowment for the Oceans, was struck from Thursday, June 28, 2012 HON. JOE WILSON OF SOUTH CAROLINA the Conference Report; only funding for the Mrs. BONO MACK. Mr. Speaker, I rise IN THE HOUSE OF REPRESENTATIVES five Gulf States—Alabama, Mississippi, Lou- today to join my colleague and friend, Con- isiana, Florida and Texas—has survived. That Thursday, June 28, 2012 gressman KEN CALVERT, to honor and pay trib- funding will certainly be beneficial but the ute to a dear friend, Richard Coleman Kelley. Mr. WILSON of South Carolina. Mr. Speak- broader conservation programs should have Richard passed away on Thursday, June 14, er, last week, as a Member of the House For- been included, as well. 2012. A devoted husband, brother, father, and eign Affairs Committee, Subcommittee on the The Conference Report also includes provi- grandfather, he will be deeply missed. Middle East and South Asia, I met Mir Ahmad sions prohibiting the National Park Service Richard was born March 19, 1930 in Co- BinQuasem of Bangladesh. Mir Ahmad in- from complying with the law limiting the im- rona, California to David and Margaret Kelley, formed me that his father, Mir Quasem Ali, pacts of aircraft noise on Grand Canyon Na- who were beginning to develop their property was arrested on June 17, 2012, by the Ban- tional Park. Why we would want to use a in Hemet into a citrus grove. He attended gladesh International, War, Crimes Tribunal for transportation bill to make one of the crown schools in Corona, and after graduating from alleged crimes committed during the 1971 War jewels of the National Park System louder and the Army and Navy Academy in Carlsbad, of Liberation against then-West Pakistan, and dirtier is a mystery. California, he served honorably in the United for campaigning ‘‘against the process of this Most troubling, the Conference Report in- States Air Force from 1950 to 1954. He spent [War Crimes] Tribunal in foreign countries.’’ cludes unjustified and harmful provisions a semester at the University of California at Mir Quasem Ali is the owner of Bangladesh’s which will undermine environmental reviews of Davis before returning to work for his father on largest opposition-run media outlet, which has highway and transit projects. Republicans their family’s ranch, only to later develop a cit- been openly critical of the Tribunal and of the have claimed environmental reviews delay rus ranch of his own. In 1957, Richard married ruling government at-large. As such, I am con- highway projects but the facts are that most Jeanne Vig and continued to farm in Hemet cerned that his arrest and ongoing detention transportation projects already proceed under while raising their three children, where he may represent a thinly-veiled attempt by the expedited environmental reviews and there is was partner of Kelley Citrus and owned Circle ruling government of Bangladesh to silence its no evidence whatsoever that these reviews K Five Citrus. opponents and critics. cause delay.

VerDate Mar 15 2010 03:50 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A28JN8.020 E28JNPT1 smartinez on DSK6TPTVN1PROD with REMARKS June 28, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1177 Nevertheless, the Conference Report in- founder of the iconic Chris Craft boat com- District of California for an enlightened trans- cludes several broad new categorical exclu- pany—set a world water speed record at a portation policy that will position the United sions from the National Environmental Policy club organized boat race. States to compete and win in the global econ- Act, or NEPA. These new exclusions lack The Saint Paul Yacht Club has remained in omy of the 21st Century. Since many amend- flexibility or adequate standards and will limit continuous operation since 1912, and currently ments will have to be considered before the public participation and careful consideration manages two state of the art harbor facilities vote on final passage, I am reserving my final of transportation projects that can have dev- within the jewel of the Saint Paul public judgment as to how I will cast my vote. Never- astating impacts on neighborhoods and our parks—Harriet Island Regional Park—on the theless, I would like to take a moment to com- natural, cultural and historic resources. In the Mississippi River in the city’s downtown. mend Mr. LATHAM and Mr. OLVER, the Chair end, the purpose of these provisions is to Today, the harbor remains a hub of activity, and Ranking Member of the Subcommittee, speed up highway construction, not by cutting hosting 230 boat slips for vessels that are up for their work, including nine major funding re- alleged ‘‘red-tape’’ but by making it harder for to 50 feet long, and serving as home to a quests that I submitted to the Committee in local communities to gather information and thriving year-round live-aboard and seasonal the bill reported to the House. Specifically the have input in projects that may go right boating community. Boaters come from near bill includes the following: through their backyards. and far to enjoy the tremendous views of Saint Community Development Block Grant Unbelievably, the Conference Report also Paul and the surrounding natural beauty of the (CDBG) Program. CDBG is the centerpiece of includes a radical new idea that agencies Mississippi River National River Recreation the federal governments efforts to help more than 1200 cities, counties and states meet the should be fined, through rescission of up to 7 Area. needs of their low and moderate-income peo- percent of their budgets, for missing arbitrary Throughout its century of service to the ple and communities. It revitalizes commu- deadlines for environmental reviews. Given boating public, the Saint Paul Yacht Club has nities—with proven results. CDBG helps fund that the main reason agencies struggle to served as a model of responsible stewardship a wide range of activities including housing incomplete these reviews quickly is a lack of to Minnesota waterways. By promoting safe vestments, public infrastructure improvements, funding and staff, cutting their budgets as pun- and accessible boating activities, the club has public services, and local economic develop- ishment will only make the problem worse. provided a tremendous service to many Saint ment projects where the private market is ab- Inclusion of funding for the Secure Rural Paul residents and visitors. The Saint Paul sent. The Committee recommended $3.344 Schools and the Payment in Lieu of Taxes Yacht Club is truly an exemplary asset to our billion, which was $44 million above my re- programs are positive steps, while removal of city and state. quest. divisive, unrelated provisions on coal ash and Mr. Speaker, in honor of the 100th Anniver- Fair Housing Initiatives Program. FHIP is a the Keystone Pipeline are welcome improve- sary of the Saint Paul Yacht Club, it is a privi- competitive grant program and is the primary ments, compared to the House Republican lege to submit this statement for the CONGRES- source of funding for fair housing education bill. SIONAL RECORD. and enforcement activities at the local level. Finally, the process used to develop this f Local fair housing organizations funded by Conference Report was unfortunate. Con- FHIP protect the housing rights of the public TRANSPORTATION, HOUSING AND ferees have been asked to sign an agreement and educate people about their fair housing URBAN DEVELOPMENT, AND RE- we have had little or no time to review and the rights. The program is vital given the extreme LATED AGENCIES APPROPRIA- substance of the agreement was negotiated fragility that currently exists in the housing TIONS ACT, 2013 largely without input from most conferees. market. The Committee met my request by This Conference Report will harm those liv- continuing funding at the FY12 level of $42.5 SPEECH OF ing and working near transportation projects in million. the future and fails to address some of the HON. LAURA RICHARDSON Tenant Based Rental Assistance Program. most pressing conservation needs facing this OF CALIFORNIA HUD’s Section 8 programs help low-income nation. We can and should do better. IN THE HOUSE OF REPRESENTATIVES elderly, families with children, and people with f disabilities secure and maintain decent, afford- Wednesday, June 27, 2012 100TH ANNIVERSARY OF THE ST. able homes. In both urban and rural commu- The House in Committee of the Whole nities, Section 8 rental assistance provides the PAUL YACHT CLUB House on the state of the Union had under foundation for millions of individuals and fami- consideration the bill (H.R. 5972) making ap- lies to live with dignity, maintain steady work, HON. BETTY McCOLLUM propriations for the Departments of Trans- and improve the lives of their children. The OF MINNESOTA portation, and Housing and Urban Develop- Committee recommended approximately $19.1 ment, and related agencies for the fiscal year IN THE HOUSE OF REPRESENTATIVES ending September 30, 2013, and for other pur- billion for this program, or $60 million above Thursday, June 28, 2012 poses: my request. Community Planning and Development from Ms. MCCOLLUM. Mr. Speaker, today I rise Ms. RICHARDSON. Mr. Chair, later this the Department of Housing and Urban Devel- to honor the Saint Paul Yacht Club in honor of week, the House is scheduled to consider opment. HUD’s The Office of Community the 100th Anniversary of the organization. For H.R. 5972, the Transportation & Housing and Planning and Development (CPD) seeks to a century, this venerable institution has been Urban Development (THUD) Appropriations develop viable communities by promoting inte- providing safe and affordable boating opportu- Art for Fiscal Year 2013. This bill funds the grated approaches that provide decent hous- nities to residents of Saint Paul and sur- agencies that address our nation’s housing ing, a suitable living environment, and expand rounding communities. and transportation needs, and is one of the economic opportunities for low and moderate Since 1912, the Saint Paul Yacht Club has most important pieces of legislation the House income persons. The primary means towards played a central role promoting and providing will consider this year. The THUD bill rep- this end is the development of partnerships access to Minnesota’s premier waterways. resents a tremendous opportunity to improve among all levels of government and the pri- Originally known as the Saint Paul Motorboat our economic competitiveness and ensure the vate sector, including for-profit and non-profit Club, the early club served an active and wellbeing of working Americans, and I rise to organizations. The Committee recommended growing speed boating population on all three offer some preliminary observations on the bill $103.5 million. Although this was slightly of Minnesota’s major rivers, the Mississippi, that will be debated over the next several below my request, it exceeded the FY12 level the Minnesota, and the Saint Croix. Early days. of funding by $3.5 million. members could rent boat slips for 10 cents per I serve as a proud Member of the House Indian Community Development Block foot, and purchase gasoline for 10 cents per Committee on Transportation and Infrastruc- Grant. The Indian Community Development gallon. To retrieve the gasoline, 5 gallon cans ture, and my home district is home to some of Block Grant (ICDBG) program provides com- were lowered by a rope from the Wabasha the busiest freeways, railways and ports in the petitive grants to Indian tribes and Alaska Na- Bridge to the boaters on the water. country. I also have the privilege of rep- tive villages for housing, community facilities, In addition to providing helpful services to its resenting many economically disadvantaged and economic development. ICDGB funds members, the Saint Paul Yacht Club orga- individuals who benefit from the fair housing community infrastructure like roads and sewer nized picnics, boat races and other social and initiatives and grant programs covered in this systems that improve the quality of available recreational events. Boat races were particu- bill. housing units while making new housing more larly popular in the 1920s and 1930s. On one I have long advocated, and will continue to affordable and accessible. The Committee met occasion, Christopher Columbus Smith— advocate, on behalf of the 37th Congressional my request of $60 million.

VerDate Mar 15 2010 03:50 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A28JN8.024 E28JNPT1 smartinez on DSK6TPTVN1PROD with REMARKS E1178 CONGRESSIONAL RECORD — Extensions of Remarks June 28, 2012 Native American Housing Block Grants. In- nization as an arm of the Agriculture Exten- provide the opportunity for farmers to share indian Housing Block Grants go directly to trib- sion Service, and is now at the forefront of formation in an informal setting and discuss ally designated housing entities (TDHEs) for farming in California. As it nears the end of its current, local issues with special guest speak- housing development, housing services for eli- first century, it continues to lead the agri- ers, the Bureau has continued to make com- gible families, crime prevention and safety, culture industry and the community in ad- munity outreach a top priority. It is also in- and demonstration projects that provide cre- dressing issues that result in long-term eco- volved in promoting the Blossom Trail, the ative approaches to solving affordable housing nomic viability for agriculture and promoting Fruit Trail and the Big Fresno Fair, and annu- shortages. TDHEs must submit an Indian the economic vitality of the region as we move ally recognizes deserving reporters and editors Housing Plan each year they receive funding, forward in the 21st Century. for conveying accurate and objective reporting followed by an end-of-year Annual Perform- The Farm Bureau started shortly after the about agricultural issues and the industry. ance Report to report on progress towards Smith-Lever Act of 1914 established the Agri- On top of these important efforts, the Farm meeting their goals. The Committee rec- culture Extension Service. The Act stipulated Bureau offers valuable agriculture education ommended $650 million for these grants, that before a county could obtain farm advisor and leadership development assistance in the thereby meeting my request. services, it had to form a general farm organi- community. The annual Farm and Nutrition HUD–VASH Program. HUD–VASH is the zation through which the Extension Service Day is put on for more than 1,500 third-grad- only program that supports the permanent could disseminate information and promote ers, providing facts about food and fiber pro- housing and rehabilitation of homeless vet- better farming methods. In the fall of 1917, duction in Fresno County. In addition, rep- erans. HUD–VASH is a joint HUD and VA ini- George Fever, J.A. Poytress, Sam Heisinger, resentatives from the Farm Bureau are on- tiative that provides specially designated Sec- H.W. Wrightson and Charles Parlier were hand during the annual Fair Education Pro- tion 8 ‘‘Housing Choice’’ vouchers, case man- among a group of farmers that met with Leroy gram to conduct mini-presentations about agri- agement, and supportive services to homeless Smith, the first Extension Service farm advisor culture for students. The Fresno County Farm veterans. Vouchers are used to assist with the assigned to Fresno County, to lay the ground- Bureau also works with local universities and payment of rent for veterans and their families. work for a Fresno County Farm Bureau orga- conducts classroom presentations. In addition The goal of the program is to support vet- nization. to this, the Future Advocates for Agriculture erans’ permanent housing in the community. Fresno County Farm Bureau, like many Concerned about Tomorrow (FAACT) Leader- The Committee’s recommendation was equal other County Farm Bureau organizations, was ship Development Program provides commu- to my request of $75 million. originally set up in joint offices within the Uni- nity leaders with a comprehensive eight-month Maritime Security Program. The Maritime versity of California Agriculture Extension class, highlighting specific issue areas in agri- Security Program ensures that the United Service. The Farm Bureau membership rose culture. FAACT offers a balanced, factual States has the U.S.-flag commercial sealift ca- and fell in the pre-World War II days, dropping presentation of several issue areas specific to pability and trained U.S. citizen merchant to 350 during the Depression. The largest agriculture. mariners available to crew the government growth in membership occurred around the Mr. Speaker, I ask my colleagues to join me and privately-owned vessels needed by the Farm Bureau’s 50th anniversary, between in recognizing the Fresno County Farm Bu- Department of Defense in time of war or other 1945 and 1967 when it rose from 1,000 to reau as it celebrates its 95th anniversary and international emergency. The Committee 4,500 members. Today, the Fresno County prepares to continue to provide outstanding matched my request of $184 million, which in- Farm Bureau represents more than 4,000 leadership for the agriculture industry through- creased funding over FY12 levels by $10 mil- members. In the early 1960s, Fresno County out the Central Valley, the State of California, lion. took first place in total production value of ag- and our nation. Housing for the Elderly (Section 202) Cap- riculture commodities. Fresno County remains ital Advance Program. Capital advances fi- the number one agricultural county in the f nance construction, rehabilitation, or acquisi- country, bringing in $5.94 billion in 2010. DORIT AND SHAWN EVENHAIM tion of structures that will serve as supportive The Farm Bureau has played an integral housing for very low-income elderly persons. role in many projects throughout its history, in- Section 202 provides rent subsidies for cluding: presenting President Franklin D. Roo- HON. HOWARD L. BERMAN projects to help keep them affordable for these sevelt a program to strengthen agriculture dur- OF CALIFORNIA vulnerable populations. We recommend reining the Great Depression years in 1931; IN THE HOUSE OF REPRESENTATIVES stating funding to allow affordable special partnering with the Madera, Tulare and Kings Thursday, June 28, 2012 needs housing developers to provide sup- County Farm Bureaus to organize the Cali- portive housing options for the elderly, particu- fornia Farm Bureau Marketing Association in Mr. BERMAN. Mr. Speaker, I am pleased to larly within AANHPI enclaves. The Committee 1918; starting a pilot program to sell tree-rip- pay tribute to Dorit and Shawn Evenhaim for exceeded my request for funding by allocating ened fruit to southern California consumers in their generosity and dedication to help the less $425 million. 1966; and playing a major role in the develop- fortunate as well as provide the highest pos- Mr. Chair, I again extend my sincere thanks ment and implementation of the Immigration sible quality of education in our community. to Chairman LATHAM and Ranking Member Reform and Control Act (IRCA) of 1986. Dorit and Shawn Evenhaim are Israeli OLVER for their careful consideration of my ap- Today, the Farm Bureau is a grassroots, na- Angelenos that own and operate California propriations requests. While I reserve my final tionwide network of Farm Bureaus organized Home Builders. Both Dorit and Shawn grew judgment on this bill, I do believe that the full on county, state and national levels. The up in Southern Israel where they learned the funding of these programs and departments county Farm Bureau is the center of the orga- Jewish value of tzedakah, the act of charitable will make a real difference in boosting the nization and is one of 53 county Farm Bu- giving and helping the less fortunate. They economy and improving the lives of vulnerable reaus currently representing a combined mem- came to the United States following their serv- communities. bership of over 4,000 family members in Fres- ice in the Israeli military and continued to practice this philanthropy. They have contrib- f no County. Collectively, Farm Bureau is Cali- fornia’s largest farm organization with mem- uted countless hours of community service IN RECOGNITION OF THE 95TH AN- berships from 76,500 farm families in 56 coun- and provided leadership to many charitable or- NIVERSARY OF THE FRESNO ties. ganizations throughout the San Fernando Val- COUNTY FARM BUREAU The Farm Bureau continues to lead the agri- ley such as the Israeli Leadership Council, the culture industry and the community in ad- Jewish Federation, and StandWithUs. HON. JIM COSTA dressing issues that result in long-term viability In 2004, Kadima, a 34-year-old Solomon OF CALIFORNIA for agriculture and promoting the economic vi- Schecter Conservative day school in the West IN THE HOUSE OF REPRESENTATIVES tality of the region. Farm Bureau spends San Fernando Valley, had to relocate when countless hours researching agriculturally-re- LAUSD needed the campus that Kadima had Thursday, June 28, 2012 lated legislation; testifying in front of local, been leasing. The Evenhaim’s generous dona- Mr. COSTA. Mr. Speaker, I rise today to ex- state and federal government; and conducting tion provided the resources for Kadima to pur- tend my sincerest congratulations to the Fres- meetings with elected officials. In addition, it chase a former hospital about a mile away no County Farm Bureau which is celebrating fields hundreds of calls, providing education from the previous campus. its 95th anniversary this year. Since its estab- and outreach to the community, which has The Evenhaim’s involvement did not end lishment in 1917, the organization has contin- continued to be a centerpiece of the Farm Bu- with their donation. They were also instru- ued to evolve. It began as general farm orga- reau. Through Coffee Talk meetings, which mental in locating the site for the new campus,

VerDate Mar 15 2010 03:50 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A28JN8.027 E28JNPT1 smartinez on DSK6TPTVN1PROD with REMARKS June 28, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1179 acquiring the necessary permits, and remod- United Way, Inc., United Way of South Central A TRIBUTE TO BISHOP ALBERT L. eling the site to fit the needs of the school. Georgia, United Way of Southwest Georgia, JAMISON, SR. Kadima’s facilities now include separate yard Bainbridge—Decatur United Way, United Way spaces for the Early Childhood Education of Colquitt County, and United Way of the HON. EDOLPHUS TOWNS Center and Kindergarten, as well as athletic Chattahoochee Valley. I applaud the members OF NEW YORK fields, an auditorium and swimming pool, and volunteers of these organizations for dedi- IN THE HOUSE OF REPRESENTATIVES ample classroom space, a 6,000 volume li- cating their time and efforts to support their Thursday, June 28, 2012 brary, and a full kitchen and cafeteria. Both neighbors in need. Dorit and Shawn have done a great job serv- Mr. TOWNS. Mr. Speaker, I rise today to ing on Kadima’s Board of Trustees. Mr. Speaker, in closing I ask that my col- honor and pay tribute to Bishop Albert L. Mr. Speaker and distinguished colleagues, I leagues join me in expressing our collective Jamison, Sr. ask you to join me in recognizing Dorit and and profound gratitude to the volunteers, em- Bishop Albert L. Jamison, Sr. is a native of Shawn for their philanthropy and their years of ployees and representatives of United Way for Brooklyn, New York. He serves as the distin- service and dedication to the education and all they have done to improve the quality of guished Pastor of Pleasant Grove Baptist Tab- service of our community. life for the residents of Georgia’s Second Con- ernacle where he holds the unique honor of f gressional District and all around the world. pastoring in the church of which he was born and raised. He has taken his congregation to IN RECOGNITION OF UNITED f a new awareness of God. WAY’S 125TH ANNIVERSARY He is a nationally known evangelist, who IN HONOR OF JOSEPH’S HOME travels across the United States to some of HON. SANFORD D. BISHOP, JR. the largest cities and churches preaching the OF GEORGIA Gospel. He is the president and founder of IN THE HOUSE OF REPRESENTATIVES HON. DENNIS J. KUCINICH ‘‘Pentecost At Any Cost’’ ministry. As a dedicated pastor and leader in the ministerial field, Thursday, June 28, 2012 OF OHIO Bishop Jamison exemplifies a powerful Gospel Mr. BISHOP of Georgia. Mr. Speaker, it is IN THE HOUSE OF REPRESENTATIVES music ministry. In 1970, Bishop Jamison my great honor to extend a heartfelt congratu- began working with the late Reverend James lations to the volunteers, employees and rep- Thursday, June 28, 2012 Cleveland and continued working with him resentatives of United Way as they celebrate until the Lord called Rev. Cleveland home. 125 years of motivating millions of people to Mr. KUCINICH. Mr. Speaker, I rise today to honor Joseph’s Home, a safe, supportive envi- While serving on the Board of Directors, advance the common good. Bishop Jamison was voted ‘‘Chairman’’ of the ronment for homeless individuals transitioning On June 21, 2012, the worldwide network Board of Directors, March 1996. He has taken from local hospitals and other social service celebrated their United Way Day of Action, a the world’s largest Gospel music organization, agencies following a period of illness or sur- day dedicated to volunteer and community The Gospel Music Workshop of America, to service activities and encouraging others to gery. new heights. pledge to become readers, tutors, or mentors. Cleveland has had a long history of organi- He is the loving husband of Lady Dianette Also, on June 28, 2012, they will be cele- zations stepping up and caring for the less for- Jamison and the proud father of Jourdan Allen brating the official United Way Founders Day, tunate. The Sisters of Charity of St. Augustine and Joshua Jermelle Jamison. His eldest son, commemorating community leaders Frances (CSA) arrived in Cleveland, Ohio from France Albert J. Jamison preceded him in death in Wisebart Jacobs, the Rev. Myron W. Reed, in 1851 to serve as the city’s first public health January 2001. Msgr. William J. O’Ryan, Dean H. Martyn Hart nurses, laying the foundation for what would Because he dares to believe God, his life and Rabbi William S. Friedman for founding become Joseph’s House. The CSA quickly serves as an example to those he leads to de- the Charity Organizations Society, the first velop a personal relationship with the Lord, to ‘‘United Way’’ Organization in Denver, Colo- began providing the health and educational needs of Cleveland’s most impoverished and study the Word of God and to face the chal- rado in 1887. lenges of life depending whole-heartedly in In 125 years, United Way has expanded be- vulnerable residents. Over the past 160 years, the CSA has remained dedicated to address- faith on the Lord. This way of life is expressed yond Denver and Colorado and beyond the in one of his favorite scriptures found in II Co- ing the root causes of poverty and meeting the United States to become a network of almost rinthians 15:58—Therefore, my beloved breth- needs of the communities they serve. 1,800 community-based United Ways in 45 ren, be ye steadfast, unmovable, always countries and territories around the world. In A group of CSA Sisters, led by founding abounding in the work of the Lord, forasmuch as many years, United Way has become one Sisters Joan Gallagher and Regina Fierman, as ye know that your labor is not in vain in the of the biggest and most influential charity or- noticed that Greater Cleveland’s homeless Lord. ganizations in the world. To emphasize this community transitioning from local hospitals Mr. Speaker, I would like to recognize point, United Way, in a partnership with the and other social service agencies following a Bishop Albert L. Jamison, Sr. for his extraor- National Football League (NFL), raised more period of illness or surgery did not have ac- dinary contributions to the Brooklyn commu- than $1 billion dollars in 1974—the first time in cess to a safe and supportive environment. nity. history that an annual campaign of a single or- With a legacy of responding to the unmet f ganization had raised this much money. needs of the community’s most vulnerable United Way envisions ‘‘a world where all in- IN SUPPORT OF THE SUPREME dividuals and families achieve their human po- residents, the Sisters of Charity of St. Augus- COURT DECISION UPHOLDING tential through education, income stability and tine opened the doors of Joseph’s Home in THE AFFORDABLE CARE ACT healthy lives.’’ For this reason, in 2008, they June 2000. set forth a 10-year program to achieve three Joseph’s House has helped over 400 men HON. LAURA RICHARDSON goals by 2018: (1) Improve education and cut transition back into the world and has provided OF CALIFORNIA the number of high school dropouts (1.2 mil- them with a second chance in life. Each year, IN THE HOUSE OF REPRESENTATIVES lion students every year) in half; (2) help peo- around 50 men are helped; the house has a Thursday, June 28, 2012 ple achieve financial stability and get at least capacity of 11 men at any given time. The half of lower-income families (1.9 million fami- people served by Joseph’s House, leave it Ms. RICHARDSON. Mr. Speaker, after two lies) on the way to economic independence; with the confidence and support that helps years battling in the courts I am proud to an- (3) promote healthy lives and increase by one- them succeed. Joseph’s House provides its nounce today that the Supreme Court has third the number of youth and adults who are residents with job opportunities, educational upheld the Affordable Care Act. This has been a long and difficult fight, but I can say without healthy and avoid risky behaviors. These are advancement and more importantly, a place to ambitious goals but I am confident that the a doubt it has been worth it. call home. thousands of United Way advocates will work This landmark ruling will allow millions of tirelessly to achieve them. Mr. Speaker and colleagues, please join me Americans to rest easy, knowing that they will I would like to especially recognize the local in honoring Joseph’s House for its years of not be driven into debt from medical bills if United Way organizations in Georgia’s Second service and dedication to improving the lives they get sick. Children will no longer be de- Congressional District: Greater Valdosta of the less fortunate. nied possibly life saving healthcare because of

VerDate Mar 15 2010 03:50 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A28JN8.029 E28JNPT1 smartinez on DSK6TPTVN1PROD with REMARKS E1180 CONGRESSIONAL RECORD — Extensions of Remarks June 28, 2012 pre-existing conditions, and millions of young they refused all Democratic requests for wit- children, great-grandchildren, as well as his Americans will be able to stay on their par- nesses and hearings. The investigation was four daughters, Lola, Vanessa, Lisa and ent’s healthcare plans until they are 26. closed to the public. Robertine. He will be remembered in the City The function of government is to make life The Republican refusal to even allow those of Houston as a dedicated community leader better for all Americans, regardless of socio- directly involved with the Fast & Furious pro- and a principled man of God. economic background. The Affordable Care gram to testify before the Oversight Com- Act will improve the quality of life for working mittee portrays their political motivations, not f families, children and seniors. It will also the facts, nor the thousands of innocent civil- strengthen our economy. ians in Mexico and on the border who have A TRIBUTE TO DR. SWAMY President Obama is to be congratulated for lost their lives from heavily-armed drug cartels. SUNKARA his indispensable leadership in achieving the Attorney General Holder testified before the goal of affordable quality healthcare for all Committee nine times. The Department of HON. EDOLPHUS TOWNS Justice provided over 700 thousand docu- Americans, a goal we Democrats have been OF NEW YORK ments to the House Oversight & Investigations fighting for more than 75 years. IN THE HOUSE OF REPRESENTATIVES It is a fact of life that individuals do not have Committee. Despite this broad cooperation, a choice in participating in the health care my Republican colleagues kept moving the Thursday, June 28, 2012 market. Eventually we will all get sick, and goal posts, making it impossible to meet their Mr. TOWNS. Mr. Speaker, Dr. Swamy need medical attention. This bill requires every demands. There was no end in sight. Presi- Sunkara was born in India. He graduated from American to take control of their own cov- dent Obama’s decision to assert executive Andhra Medical College and King George erage, and be responsible for themselves. privilege was a well-reasoned decision to stop Hospital. Named after Dr. Swamy Naidu, Dr. I am proud to have voted in favor of this playing the Republicans political game. Sunkara was a great surgeon, philanthropist, I believe deeply in the fundamental respon- legislation two years ago, and prouder still to athlete, swordsman, and horseman of national sibility of Congress to provide oversight and have stood on the steps of the Supreme Court level. He is also from a family of physicians accountability for the executive branch. We today to celebrate the success of having the and soccer players of international reputation. only weaken that authority by engaging in this Affordable Care Act upheld. Today’s ruling is As a young student leader Dr. Sunkara vol- partisan stunt Congress and the American a momentous occasion and a true victory for unteered in various natural disasters including Americans across the nation. people deserve better. We should reject this effort and do our job to find out what really one in Divi Andhra predesh, where he worked f happened. for several weeks directly under Mother The- REGARDING H. RES. 711 resa. She always had kind words about him f when she visited that area. IN MEMORY OF BISHOP ROBERT C. Dr. Sunkara served as surgeon, and then HON. EARL BLUMENAUER JEFFERSON trained as an anesthesiologist in Jamaica, OF OREGON Trinidad and Tobago. He completed the post- IN THE HOUSE OF REPRESENTATIVES HON. AL GREEN graduate course of diploma in anesthesiology Thursday, June 28, 2012 OF TEXAS from University of West Indies. He served as Mr. BLUMENAUER. Mr. Speaker, today, I IN THE HOUSE OF REPRESENTATIVES a social worker at St. James Infirmary in Mon- voted against the House Privileged Resolution Thursday, June 28, 2012 tego Bay, Jamaica from 1979 to 1981 and served at the Prince Elizabeth Hospital for holding Attorney General Eric Holder in con- Mr. AL GREEN of Texas. Mr. Speaker, I tempt of Congress. Never in the 225 years of destitute children in Port of Spain, Trinidad would like to honor the memory of a pillar in from 1981 to 1987. He gave free anesthesia the House has there been a vote to hold any the Sunnyside community in Houston, Texas, Cabinet member in contempt, and I will never for surgeries of children with cleft palates, Bishop Robert C. Jefferson, Pastor of the club-foot, and other congenital abnormalities. vote to support such partisan legislation that’s Cullen Missionary Baptist Church. With excep- nothing short of a race to the bottom for this Dr. Sunkara worked as a volunteer physician tional dedication, Bishop Jefferson served his at Trinidad and Tobago Sports Medicine and House. community and advocated for the betterment There are serious questions that remain to received letters of commendation in Jamaica, of society. Trinidad and Tobago for his work and dedica- be answered about the Alcohol, Tobacco, Bishop Jefferson was born in Baton Rouge, tion. Firearms and Explosives (ATF) program, infa- Louisiana on January 12, 1942. He accepted mously know as ‘‘Fast and Furious,’’ started in his calling into the gospel ministry in March Dr. Sunkara migrated to the United States in 2005 under the Bush administration. The De- 1976 and was ordained at Mount Horeb Bap- 1988. He successfully completed the Diploma partment of Justice is in the midst of such an tist Church in Houston under the pastoral in Tropical Medicine and Health, Masters in investigation, but today’s vote will do nothing leadership of the late Reverend Johnnie Public Health with double majors in Inter- to further that inquiry, and will instead slow Jones. In March 1977, he founded Cullen Mis- national Health and Emergency Medicine. He and muddle the process. sionary Baptist Church and faithfully served served as a published researcher and volun- The charges by Chairman ISSA of a con- there for the rest of his life. teer in Children’s Cancer Study Group at New spiratorial effort by the Obama administration A champion of the downtrodden and under- York Medical College, and Westchester Med- to strengthen gun control laws—are com- served, Bishop Jefferson founded and was ac- ical Center in Valhalla, New York. He worked pletely unsubstantiated and laughable on their tive on a host of community organizations. He as a volunteer Emergency Medical Technician face. When that became apparent, the Chair- was a Founding Member of Ministers Against at both the Ossining Volunteer Ambulance man turned to blatant political tactics, culmi- Crime, an organization that is active in issues corps and Pleasantville Volunteer Ambulance nating in a Contempt of Congress resolution involving inequities and civil rights in the Corps. Dr. Sunkara received the Best Volun- that was rushed to the floor. Greater Houston Area. He was also the teer award from Westchester County Execu- The Republicans and the National Rifle As- Founder of Sunnyside Up, Inc., a community tive for the year ’88–89 and received Best Vol- sociation have created a web of constraints development project; Founder/President of A unteer award from the University of Medicine that make it almost impossible to restrict these Brand New City, Inc; Founder/President of the and Dentistry of Newark New Jersey in 1989. dangerous practices that prompted the pro- Cullen Christian Child Development Center; Dr. Sunkara also served as one of the Uncles gram in the first place. the former Second Vice President and Director for foster children of Richard Allen Center on Fast and Furious was a flawed operation. of Religious Affairs of the NAACP Houston Life in New York City. Those flaws, however, parallel the biased, po- Branch; and a former member of the Houston Mr. Speaker, I would like to recognize Dr. liticized investigation run by House Oversight Independent School District Board. Swamy Naidu Sunkara for his extraordinary & Investigations Committee Republicans. Dur- Finally, Mr. Speaker, Bishop Jefferson will contributions to New York City’s medical coming the Committee’s 16–month investigation, be dearly missed by his wife, Myrtle, grand- munity.

VerDate Mar 15 2010 03:50 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A28JN8.031 E28JNPT1 smartinez on DSK6TPTVN1PROD with REMARKS Thursday, June 28, 2012 Daily Digest Senate Chamber Action Additional Statements: Pages S4719–22 Amendments Submitted: Pages S4727–28 Routine Proceedings, pages S4689–S4730 Authorities for Committees to Meet: Measures Introduced: Ten bills and four resolu- Pages S4728–29 tions were introduced, as follows: S. 3352–3361, S.J. Res. 46, and S. Res. 513–515. Pages S4724–25 Privileges of the Floor: Page S4729 Measures Passed: Adjournment: Senate convened at 9:30 a.m. and adjourned at 7:33 p.m., until 10 a.m. on Friday, Loyola University Maryland Men’s Lacrosse Na- June 29, 2012. (For Senate’s program, see the re- tional Championship: Senate agreed to S. Res. 514, marks of the Majority Leader in today’s Record on commemorating the victory of Loyola University page S4730.) Maryland in the 2012 NCAA Division I Men’s La- crosse National Championship. Pages S4729–30 Committee Meetings Measures Considered: Small Business Jobs and Tax Relief Act: Senate (Committees not listed did not meet) began consideration of the motion to proceed to con- PRIVACY PROTECTIONS sideration of S. 2237, to provide a temporary income tax credit for increased payroll and extend bonus de- Committee on Commerce, Science, and Transportation: Committee concluded a hearing to examine the need preciation for an additional year. Page S4689 for privacy protections, focusing on industry self-reg- Nominations Received: Senate received the fol- ulation, after receiving testimony from Alex Fowler, lowing nominations: Mozilla, San Francisco, California; Bob Liodice, Asso- Camila Ann Alire, of Colorado, to be a Member ciation of National Advertisers, Inc., New York, of the National Council on the Humanities for a New York, on behalf of the Digital Advertising Al- term expiring January 26, 2018. liance; Peter Swire, The Ohio State University Ramon Saldivar, of California, to be a Member of Moritz College of Law, Bethesda, Maryland; and the National Council on the Humanities for a term Berin Szoka, TechFreedom, Washington, D.C. expiring January 26, 2018. ENERGY EFFICIENT BUILDING RETROFITS 1 Army nomination in the rank of general. Page S4730 Committee on Energy and Natural Resources: Committee concluded a hearing to examine innovative non-fed- Nomination Withdrawn: Senate received notifica- eral programs for financing energy efficient building tion of withdrawal of the following nomination: retrofits, after receiving testimony from David E. Timothy M. Broas, of Maryland, to be Ambas- Sundstrom, Sonoma County Energy Independence sador to the Kingdom of the Netherlands, which was Program Administrator, Santa Rosa, California; sent to the Senate on April 26, 2012. Page S4730 Derek Smith, Clean Energy Works Oregon, Port- Messages from the House: Page S4722 land; William A. Rodgers, Jr., GoodCents Holdings, Measures Placed on the Calendar: Inc., Atlanta, Georgia; Sheri Borrelli, The United Il- Pages S4689–90, S4722 luminating Company, Orange, Connecticut; Susan Leeds, New York City Efficiency Corporation, New Enrolled Bills Presented: Page S4722 York, New York; and Jeffrey D. DeBoer, The Real Executive Communications: Pages S4722–24 Estate Roundtable, Washington, D.C. Additional Cosponsors: Pages S4725–26 LAW OF THE SEA CONVENTION Statements on Introduced Bills/Resolutions: Committee on Foreign Relations: Committee concluded Pages S4726–27 a hearing to examine The Law of the Sea Convention D675

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(Treaty Doc. 103–39), focusing on perspectives from H.R.443, to provide for the conveyance of certain business and industry, after receiving testimony from property from the United States to the Maniilaq As- Thomas J. Donohue, U.S. Chamber of Commerce, sociation located in Kotzebue, Alaska; Jack N. Gerard, American Petroleum Institute, and H.R.1560, to amend the Ysleta del Sur Pueblo Jay Timmons, National Association of Manufactur- and Alabama and Coushatta Indian Tribes of Texas ers, all of Washington, D.C.; and Lowell C. Restoration Act to allow the Ysleta del Sur Pueblo McAdam, Verizon Communications Inc., New York, Tribe to determine blood quantum requirement for New York. membership in that tribe; AFRICA’S MARKET POTENTIAL H.R.1272, to provide for the use and distribution Committee on Foreign Relations: Subcommittee on Afri- of the funds awarded to the Minnesota Chippewa can Affairs concluded a hearing to examine economic Tribe, et al, by the United States Court of Federal statecraft, focusing on embracing Africa’s market po- Claims in Docket Numbers 19 and 188; tential, after receiving testimony from Johnnie Car- S.134, to authorize the Mescalero Apache Tribe to son, Assistant Secretary of State for African Affairs; lease adjudicated water rights; Earl W. Gast, Assistant Administrator for Africa, S.1065, to settle land claims within the Fort Hall United States Agency for International Development; Reservation, with an amendment; and Florizelle Liser, Assistant United States Trade S.2389, to deem the submission of certain claims Representative for Africa, Office of the United States to an Indian Health Service contracting officer as Trade Representative. timely; and BUSINESS MEETING S.3193, to make technical corrections to the legal Committee on Indian Affairs: Committee ordered favor- description of certain land to be held in trust for the ably reported the following business items: Barona Band of Mission Indians. h House of Representatives H. Res. 717, providing for consideration of the Chamber Action bill (H.R. 5856) making appropriations for the De- Public Bills and Resolutions Introduced: 12 pub- partment of Defense for the fiscal year ending Sep- lic bills, H.R. 6047–6058; and 7 resolutions, H.J. tember 30, 2013, and for other purposes; providing Res. 113 and H.Res. 711–716 were introduced. for consideration of the bill (H.R. 6020) making ap- Pages H4603–04 propriations for financial services and general govern- Additional Cosponsors: Pages H4605–06 ment for the fiscal year ending September 30, 2013, and for other purposes; and providing for consider- Reports Filed: Reports were filed today as followed: ation of the conference report to accompany the bill Semiannual Report on the Activity of the Com- (H.R. 4348) to provide an extension of Federal-aid mittee on Small Business During the 112th Con- highway, highway safety, motor carrier safety, tran- gress (H. Rept. 112–554); sit, and other programs funded out of the Highway Third Semiannual Report of Activities of the Trust Fund pending enactment of a multiyear law Committee on Science, Space, and Technology for reauthorizing such programs, and for other purposes the 112th Congress (H. Rept. 112–555); (H. Rept. 112–558). Page H4603 Report on the Legislative and Oversight Activities of the Committee on Ways and Means during the Speaker: Read a letter from the Speaker wherein he 112th Congress (H. Rept. 112–556). appointed Representative Harper to act as Speaker Conference report on H.R. 4348, to provide an pro tempore for today. Page H4159 extension of Federal-aid highway, highway safety, Recess: The House recessed at 10:12 a.m. and re- motor carrier safety, transit, and other programs convened at 12 noon. Page H4160 funded out of the Highway Trust Fund pending en- Chaplain: The prayer was offered by the guest chap- actment of a multiyear law reauthorizing such pro- lain, Reverend Greg Lafferty, Willowdale Chapel, grams, and for other purposes (H. Rept. 112–557); Kennett Square, Pennsylvania. Page H4160 and

VerDate Mar 15 2010 05:48 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D28JN2.REC D28JNPT1 smartinez on DSK6TPTVN1PROD with DIGEST June 28, 2012 CONGRESSIONAL RECORD — DAILY DIGEST D677 Suspensions—Proceedings Resumed: The House ducted in conjunction with a national laboratory agreed to suspend the rules and pass the following or research facility: H.R. 5843, to amend the measures which were debated on June 26th: Homeland Security Act of 2002 to permit use of Securing Maritime Activities through Risk- certain grant funds for training conducted in con- based Targeting for Port Security Act: H.R. 4251, junction with a national laboratory or research facil- amended, to authorize, enhance, and reform certain ity; and Pages H4421–22 port security programs through increased efficiency Directing the Secretary of Homeland Security to and risk-based coordination within the Department reform the process for the enrollment, activation, of Homeland Security, by a 2⁄3 yea-and-nay vote of issuance, and renewal of a Transportation Worker 402 yeas to 21 nays, Roll No. 438; Pages H4175–76 Identification Credential (TWIC): H.R. 3173, Gauging American Port Security Act: H.R. amended, to direct the Secretary of Homeland Secu- 4005, amended, to direct the Secretary of Homeland rity to reform the process for the enrollment, activa- Security to conduct a study and report to Congress tion, issuance, and renewal of a Transportation on gaps in port security in the United States and a Worker Identification Credential (TWIC) to require, plan to address them, by a 2⁄3 yea-and-nay vote of in total, not more than one in-person visit to a des- 411 yeas to 9 nays, Roll No. 439; Pages H4176–77 ignated enrollment center. Page H4422 Nuclear Terrorism Conventions Implementation Privileged Resolution—Intent to Offer: Rep- and Safety of Maritime Navigation Act of 2012: resentative Jackson Lee (TX) announced her intent to H.R. 5889, amended, to amend title 18, United offer a privileged resolution. Page H4177 States Code, to provide for protection of maritime Recommending that the House of Representa- navigation and prevention of nuclear terrorism; tives find Eric H. Holder, Jr., Attorney General, Page H4421 U.S. Department of Justice, in Contempt of Con- Sergeant Richard Franklin Abshire Post Office gress: The House agreed to H. Res. 711, recom- Building Designation Act: H.R. 3412, to designate mending that the House of Representatives find Eric the facility of the United States Postal Service lo- H. Holder, Jr., Attorney General, U.S. Department cated at 1421 Veterans Memorial Drive in Abbeville, of Justice, in contempt of Congress for refusal to Louisiana, as the ‘‘Sergeant Richard Franklin Abshire comply with a subpoena duly issued by the Com- Post Office Building’’; Page H4421 mittee on Oversight and Government Reform, by a SPC Nicholas Scott Hartge Post Office Designa- recorded vote of 255 ayes to 67 noes with 1 answer- tion Act: H.R. 3501, to designate the facility of the ing ‘‘present’’, Roll No. 441. Pages H4177–H4417 United States Postal Service located at 125 Kerr Av- Rejected the Dingell motion to refer the resolu- enue in Rome City, Indiana, as the ‘‘SPC Nicholas tion to the Committee on Oversight and Govern- Scott Hartge Post Office’’; Page H4421 ment Reform with instructions by a yea-and-nay vote of 172 yeas to 251 nays, Roll No. 440. First Sergeant Landres Cheeks Post Office Pages H4412–17 Building Designation Act: H.R. 3772, to designate H. Res. 708, the rule providing for consideration the facility of the United States Postal Service lo- of the resolutions (H. Res. 711) and (H. Res. 706) cated at 150 South Union Street in Canton, Mis- was agreed to by a yea-and-nay vote of 254 yeas to sissippi, as the ‘‘First Sergeant Landres Cheeks Post 173 nays, Roll No. 437, after the previous question Office Building’’; Page H4421 was ordered without objection. Pages H4164–75 Reverend Abe Brown Post Office Building Des- Authorizing the Committee on Oversight and ignation Act: H.R. 3276, to designate the facility of the United States Postal Service located at 2810 East Government Reform to initiate or intervene in Hillsborough Avenue in Tampa, Florida, as the judicial proceedings to enforce certain sub- ‘‘Reverend Abe Brown Post Office Building’’; poenas: The House agreed to H. Res. 706, to authorize the Committee on Oversight and Govern- Page H4421 ment Reform to initiate or intervene in judicial pro- Aviation Security Stakeholder Participation Act: ceedings to enforce certain subpoenas, by a yea-and- H.R. 1447, amended, to amend title 49, United nay vote of 258 yeas to 95 nays with 5 answering States Code, to direct the Assistant Secretary of ‘‘present’’, Roll No. 442. Pages H4418–21 Homeland Security (Transportation Security Admin- H. Res. 708, the rule providing for consideration istration) to establish an Aviation Security Advisory of the resolutions (H. Res. 711) and (H. Res. 706) Committee; Page H4421 was agreed to by a yea-and-nay vote of 254 yeas to Amending the Homeland Security Act of 2002 to 173 nays, Roll No. 437, after the previous question permit use of certain grant funds for training con- was ordered without objection. Pages H4164–75

VerDate Mar 15 2010 05:48 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D28JN2.REC D28JNPT1 smartinez on DSK6TPTVN1PROD with DIGEST D678 CONGRESSIONAL RECORD — DAILY DIGEST June 28, 2012 United States-China Economic and Security Re- FRACTIONAL RESERVE BANKING AND view Commission—Appointment: The Chair an- THE FEDERAL RESERVE: THE ECONOMIC nounced the Speaker’s appointment of the following CONSEQUENCES OF HIGH–POWERED member on the part of the House to the United MONEY States-China Economic and Security Review Com- Committee on Financial Services: Subcommittee on Do- mission for a term to expire December 31, 2014: mestic Monetary Policy held a hearing entitled Mr. Peter Brookes of Springfield, Virginia. ‘‘Fractional Reserve Banking and the Federal Re- Page H4426 serve: The Economic Consequences of High-Powered Motion to Instruct Conferees—Vitiation of Pro- Money’’. Testimony was heard from public witnesses. ceedings: Under clause 8 of rule 20, the Chair an- APPRAISAL OVERSIGHT: THE nounced that the filing of the conference report to REGULATORY IMPACT ON CONSUMERS accompany H.R. 4348 has vitiated the Hahn motion AND BUSINESSES to instruct conferees. Page H4601 Committee on Financial Services: Subcommittee on In- Recess: The House recessed at 7:24 p.m. and recon- surance, Housing and Community Opportunity held vened at 11:04 p.m. Page H4601 a hearing entitled ‘‘Appraisal Oversight: The Regu- Senate Message: Message received from the Senate latory Impact on Consumers and Businesses’’. Testi- by the Clerk and subsequently presented to the mony was heard from William B. Shear, Director, House today appears on page H4159. Financial Markets and Community Investment, Gov- Quorum Calls—Votes: Five yea-and-nay votes and ernment Accountability Office; James R. Park, Exec- one recorded vote developed during the proceedings utive Subcommittee, Federal Financial Institutions of today and appear on pages H4175, H4175–76, Examination Council; and public witnesses. H4176, H4416–17, H4417, H4420–21. There were ECONOMIC ESPIONAGE: A FOREIGN no quorum calls. INTELLIGENCE THREAT TO AMERICAN Adjournment: The House met at 10 a.m. and ad- JOBS AND HOMELAND SECURITY journed at 11:05 p.m. Committee on Homeland Security: Subcommittee on Counterterrorism and Intelligence held a hearing en- Committee Meetings titled ‘‘Economic Espionage: A Foreign Intelligence Threat to American Jobs and Homeland Security’’. MISCELLANEOUS MEASURE Testimony was heard from Stuart Graham, Chief Committee on Appropriations: Full Committee held a Economist, Patent and Trademark Office, Depart- markup of Interior, Environment, and Related Agen- ment of Commerce; John P. Woods, Assistant Direc- cies Appropriations Bill, FY 2013. The bill was or- tor, Homeland Security Investigations Immigration dered reported, as amended. and Customs Enforcement, Department of Homeland PROMOTING SAFE WORKPLACES Security; Frank Figliuzzi, Assistant Director, Coun- THROUGH VOLUNTARY PROTECTION terintelligence Division, Federal Bureau of Investiga- PROGRAMS tion, Department of Justice; and Gregory C. Wilshusen, Director, Information Security Issues, Committee on Education and the Workforce: Sub- Government Accountability Office. committee on Workforce Protections held a hearing entitled ‘‘Promoting Safe Workplaces Through Vol- IDENTITY THEFT AND INCOME TAX untary Protection Programs’’. Testimony was heard PREPARATION FRAUD from Jordan Barab, Deputy Assistant Secretary for Committee on the Judiciary: Subcommittee on Crime, Occupational Safety and Health, Department of Terrorism, and Homeland Security held a hearing Labor; and public witnesses. entitled ‘‘Identity Theft and Income Tax Preparation THE AMERICAN ENERGY INITIATIVE: A Fraud’’. Testimony was heard from Rebecca FOCUS ON THE NEW PROPOSAL TO Sparkman, Director, Operations, Policy and Support, TIGHTEN NATIONAL STANDARDS FOR Criminal Investigation Division, Internal Revenue FINE PARTICULATE MATTER Service; Nina E. Olson, United States Tax Payer Ad- vocate, Office of the Taxpayer Advocate, Internal Committee on Energy and Commerce: Subcommittee on Revenue Service; and public witnesses. Energy and Power held a hearing entitled ‘‘The American Energy Initiative: A Focus on the New MISCELLANEOUS MEASURE Proposal to Tighten National Standards for Fine Par- Committee on the Judiciary: Full Committee held a ticulate Matter’’. Testimony was heard from public markup of H.R. 1860, the ‘‘Digital Goods and Serv- witnesses. ices Tax Fairness Act of 2011’’; H.R. 823, for the

VerDate Mar 15 2010 05:48 Jun 29, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D28JN2.REC D28JNPT1 smartinez on DSK6TPTVN1PROD with DIGEST June 28, 2012 CONGRESSIONAL RECORD — DAILY DIGEST D679 relief of Maria Carmen; H.R. 316, for the relief of ASSESSMENT OF THE TRANSITION FROM A Esther Karinge; H.R. 794, for the relief of Allan MILITARY TO A CIVILIAN-LED MISSION IN Bolor Kelley; H.R. 357, for the relief of Corina de IRAQ Chalup Turcinovic; H.R. 824, for the relief of Dan- Committee on Oversight and Government Reform: Sub- iel Wachira; H.R. 1857, for the relief of Bartosz committee on National Security, Homeland Defense Kumor; H.R. 3120, the ‘‘Student Visa Reform Act’’; and Foreign Operations held a hearing entitled ‘‘As- and H.R. 6019 the ‘‘Juvenile Accountability Block sessment of the Transition from a Military to a Ci- Grant Reauthorization and the Bullying Prevention vilian-Led Mission in Iraq.’’ Testimony was heard and Intervention Act’’; and the Third Semiannual from Patrick Kennedy, Under Secretary for Manage- Activity Report of the Committee on the Judiciary ment, Department of State, Peter Verga, Chief of for the 112th Congress. The following measures were Staff for the Under Secretary for Policy, Department ordered reported, as amended: H.R. 1860; H.R. of Defense; Mara Rudman, Assistant Administrator, 3120; and H.R. 6019. The following measures were Bureau for the Middle East, Agency for International ordered reported, without amendment: H.R. 823; Development; Michael Courts, Acting Director, H.R. 316; H.R. 794; H.R. 357; H.R. 824; and International Affairs and Trade, Government Ac- H.R. 1857. The Semiannual Activity Report was countability Office; Harold Geisel, Acting Inspector adopted without amendment. General, Department of State; Mickey McDermott, Special Deputy Inspector General for Southwest Asia, LEGISLATIVE MEASURES Department of Defense, Office of Inspector General; Michael Carroll, Deputy Inspector General, Agency Committee on Natural Resources: Subcommittee on Na- for International Development; and Stuart Bowen, tional Parks, Forests and Public Lands held a hearing Jr., Special Inspector General for Iraq Reconstruc- on the following measures: H.R. 5987, the ‘‘Manhat- tion. tan Project National Historical Park Act’’; H.R. 624, the ‘‘First State National Historic Park Act’’; JOBS ACT IN ACTION PART II: H.R. 3640, to authorize the Secretary of the Interior OVERSEEING EFFECTIVE to acquire not more than 18 acres of land and inter- IMPLEMENTATION OF THE JOBS ACT AT ests in land in Mariposa, California, and for other THE SEC purposes; H.R. 4109, the ‘‘Los Padres Conservation Committee on Oversight and Government Reform: Sub- and Recreation Act of 2012’’; H.R. 4334, the committee on TARP, Financial Services and Bailout ‘‘Organ Mountains National Monument Establish- of Public and Private Programs held a hearing enti- ment Act’’; H.R. 4484, the ‘‘Y Mountain Access En- tled ‘‘The JOBS Act in Action Part II: Overseeing hancement Act’’; H.R. 5319, the ‘‘Nashua River Effective Implementation of the JOBS Act at the Wild and Scenic River Study Act’’; H.R. 5958, to SEC.’’ Testimony was heard from Mary Schapiro, name the Jamaica Bay Wildlife Refuge Visitor Con- Chairman, U.S. Securities and Exchange Commis- tact Station of the Jamaica Bay Wildlife Refuge unit sion. of Gateway National Recreation Area in honor of MANDATE MADNESS: WHEN SUE AND James L. Buckley; 10 a.m., 1324 Longworth. Testi- SETTLE JUST ISN’T ENOUGH mony was heard from Senator Carper and Represent- atives Carney, Chaffetz, Denham, Gallegly, Hastings Committee on Oversight and Government Reform: Sub- (WA), Pearce, Tsongas, and Turner (NY); Carl committee on Technology, Information Policy, Inter- governmental Relations and Procurement Reform Rountree, Director, National Landscape Conservation held a hearing entitled, ‘‘Mandate Madness: When System, Bureau of Land Management, Department of Sue and Settle Just Isn’t Enough.’’ Testimony was the Interior; Billy Garrett, Commissioner, Dona Ana heard from E. Scott Pruit, Attorney General for the County; Jim Pena, Associate Deputy Chief, National State of Oklahoma; and public witnesses. Forest Service; United States Forest Service; Depart- ment of Agriculture; John Curtis, Mayor, City of CONFERENCE REPORT—H.R. 4348, SURFACE Provo; Victor Knox, Associate Director for Park TRANSPORTATION EXTENSION ACT OF Planning, Facilities and Lands, National Park Serv- 2012; H.R. 5856, DEPARTMENT OF DEFENSE ice, Department of the Interior; Ingrid Kolb, Direc- APPROPRIATIONS ACT, 2013; H.R. 6020, tor, Office of Management, Department of Energy; FINANCIAL SERVICES AND GENERAL Kevin Cann, Supervisor, Mariposa County; and pub- GOVERNMENT APPROPRIATIONS ACT, lic witnesses. 2013; AND MISCELLANEOUS MEASURE Committee on Rules: The Committee granted, by a record vote, a resolution providing for an open rule

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for H.R. 5856. The rule provides one hour of gen- mittee Activity Report for the 3rd Quarter of the eral debate equally divided and controlled by the 112th Congress. chair and ranking minority member of the Com- mittee on Appropriations. The rule waives all points MISCELLANEOUS MEASURE of order against provisions in the bill for failure to Committee on Science, Space, and Technology: Full Com- comply with clause 2 of rule XXI except for section mittee held a hearing on adoption of the 3rd Semi- 8121 (regarding funds being used to sponsor any annual Report of the Activities of the Science, Space, professional or semi-professional sporting event or and Technology Committee. The Report of the Ac- competitor). The rule provides that the bill shall be tivities of the Science, Space, and Technology Com- considered for amendment under the five-minute mittee was adopted, without amendment. rule. The rule authorizes the Chair to accord priority UNLOCKING OPPORTUNITIES: RECIDIVISM to Members who have pre-printed their amendments VERSUS FAIR COMPETITION IN FEDERAL in the Congressional Record. The rule provides one CONTRACTING motion to recommit with or without instructions. The resolution further provides for H.R. 6020 Committee on Small Business: Subcommittee on Con- under an open rule. The rule provides one hour of tracting and Workforce held a hearing entitled general debate equally divided and controlled by the ‘‘Unlocking Opportunities: Recidivism versus Fair chair and ranking minority member of the Com- Competition in Federal Contracting’’. Testimony was mittee on Appropriations. The rule waives all points heard from public witnesses. of order against consideration of the bill. The rule A REVIEW OF THE DELAYS AND waives points of order against provisions in the bill PROBLEMS ASSOCIATED WITH TSA’S for failure to comply with clause 2 of rule XXI ex- TRANSPORTATION WORKER cept beginning with ‘: Provided’’ on page 95, line IDENTIFICATION CREDENTIAL 9, through ‘‘level’’ on page 95, line 11 (regarding Committee on Transportation and Infrastructure: Full six-day delivery by the United States Postal Service). Committee held a hearing entitled ‘‘A Review of the The rule provides that the bill shall be considered Delays and Problems Associated with TSA’s Trans- for amendment under the five-minute rule. The rule portation Worker Identification Credential’’. Testi- authorizes the Chair to accord priority in recognition mony was heard from Rear Admiral Joseph Servidio, to Members who have pre-printed their amendments Assistant Commandant for Preparedness, United in the Congressional Record. The rule provides one States Coast Guard; Kelli Ann Walther; Assistant motion to recommit with or without instructions. Secretary, Office of Policy, Department of Homeland The rule waives all points of order against the Security; Stephen Sadler, Assistant Administrator, conference report to accompany H.R. 4348 and its Transportation Security Administration; and public consideration, and provides that it shall be consid- witnesses. ered as read. The rule provides that the previous question shall be considered as ordered on the con- MISCELLANEOUS MEASURES ference report without intervening motion except Committee on Veterans’ Affairs: Subcommittee on Eco- one hour of debate and one motion to recommit if nomic Opportunity held a markup of H.R. 4115, applicable. Debate on the conference report is di- the ‘‘Helping Iraq and Afghanistan Veterans Return vided pursuant to clause 8(d) of rule XXII. to Employment at Home Act’’; H.R. 3524, the The rule provides that it shall be in order at any ‘‘Disabled Veterans Employment Protection Act’’; time on the legislative day of June 29, 2012, for the H.R. 4057, the ‘‘Improving Transparency of Edu- Speaker to entertain motions that the House suspend cation Opportunities for Veterans Act of 2012’’; the rules relating to measures addressing expiring H.R. 4740, the ‘‘Fairness for Military Homeowners provisions of law and a concurrent resolution cor- Act of 2012’’; and H.R. 5747, the ‘‘Military Family recting the enrollment of H.R. 4348. Home Protection Act’’. The following measure was The rule waives clause 6(a) of rule XIII, requiring forwarded without amendment H.R. 4115; and the a two-thirds vote to consider a report from the Com- following measures were forwarded, as amended: mittee on Rules on the same day it is reported to H.R. 3524; H.R. 4057; H.R. 4740; and H.R. 5747. the House, against any resolution reported on the LEGISLATIVE MEASURE AND legislative day of June 29, 2012, providing for con- MISCELLANEOUS MEASURE sideration or disposition of measures addressing ex- House Permanent Select Committee on Intelligence: Full piring provisions of law and a concurrent resolution Committee held a hearing on H.R. 5949, the ‘‘FISA correcting the enrollment of H.R. 4348. Finally, the Amendments Act Reauthorization Act of 2012’’; and Committee adopted, by voice vote, the Rules Com- adoption of the Semiannual Committee Activity Report.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Friday, June 29 9 a.m., Friday, June 29

Senate Chamber House Chamber Program for Friday: The Majority Leader will be recog- Program for Friday: Complete consideration of H.R. nized. Senate hopes to consider the transportation con- 5972—Transportation, Housing and Urban Development, ference report. and Related Agencies Appropriations Act, 2013. Consid- eration of the conference report to accompany H.R. 4348—Surface Transportation Extension Act of 2012, Part II (Subject to a Rule).

Extensions of Remarks, as inserted in this issue

HOUSE Eshoo, Anna G., Calif., E1175 Myrick, Sue Wilkins, N.C., E1171 Farr, Sam, Calif., E1170 Pallone, Frank, Jr., N.J., E1173 Becerra, Xavier, Calif., E1172 Fitzpatrick, Michael G., Pa., E1169 Richardson, Laura, Calif., E1167, E1171, E1173, E1177, Berkley, Shelley, Nev., E1171 Green, Al, Tex., E1180 E1179 Berman, Howard L., Calif., E1173, E1178 Hastings, Alcee L., Fla., E1174 Ruppersberger, C.A. Dutch, Md., E1167 Bishop, Sanford D., Jr., Ga., E1167, E1179 Johnson, Timothy V., Ill., E1176 Sa´ nchez, Linda T., Calif., E1173 Blumenauer, Earl, Ore., E1180 King, Peter T., N.Y., E1175 Schiff, Adam B., Calif., E1172 Bono Mack, Mary, Calif., E1176 Kucinich, Dennis J., Ohio, E1171, E1179 Boustany, Charles W., Jr., La., E1168 Lee, Barbara, Calif., E1170 Schmidt, Jean, Ohio, E1168 Cantor, Eric, Va., E1169 Lipinski, Daniel, Ill., E1170 Speier, Jackie, Calif., E1169 Coffman, Mike, Colo., E1172 McCollum, Betty, Minn., E1177 Towns, Edolphus, N.Y., E1179, E1180 Conyers, John, Jr., Mich., E1174 Markey, Edward J., Mass., E1176 Visclosky, Peter J., Ind., E1170 Costa, Jim, Calif., E1168, E1178 Moran, James P., Va., E1170 Wilson, Joe, S.C., E1176

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